HomeMy WebLinkAbout09/20/2011 09 Illegal Tire Dumping Abatement Agreement with Washington State Department of Ecology • BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For the Meeting of Sept. 20, 2011
ITEM TITLE: A Resolution authorizing the City Manager to Execute an Agreement with the
Washington State Department of Ecology to Abate Illegal Tire Dumping.
SUBMITTED BY: Chris Waarvick, Director of Public Works
Nancy Fortier, Refuse Manager
CONTACT PERSONITELEPHONE: Nancy Fortier, 576 -6421
SUMMARY EXPLANATION:
In response to continued illegal tire dumping in alleyways, city streets and public property,
James Scott, Refuse Code Compliance, recently submitted a grant application to the
Department of Ecology (Ecology) for financial assistance to remove illegally dumped tires
throughout the City, educate legitimate dealers about proper disposal and recycling, and
enforce the Yakima Municipal Code (YMC 14.6) on those who violate the provisions of the
YMC. The grant award is for a "not to exceed" amount of $18,690.33. This amount is
appropriated into the Refuse budget under separate cover from Finance.
• Part of the grant will procure a specially designed video camera which can be installed at
locations overlooking historic dump sites. This video camera will have night vision capability
and solar power capacity. The video may be obtained by proximate "wifi" download. This
evidence will be used by law enforcement to prosecute violators. Ecology was impressed that
the City had pursued cases against illegal tire dumping scofflaws in the past.
The City Legal Department has reviewed the contract and finds it acceptable to form and
provisions.
Resolution X Ordinance Other (Specify)
Contract X Send to: (Name and Address) Kara J. Steward, Waste 2 Resources, P.O. Box
47600, Olympia, WA 98504 Phone: 360- 407 -6250
Funding Source
/
APPROVED FOR SUBMITTAL: 10/ City Manager
STAFF RECOMMENDATION: Staff respectfully recommends that City Council approve
the attached Resolution authorizing the City Manager to execute the attached agreement with
the Washington State Department of Ecology.
BOARD /COMMISSION /COMMITTEE RECOMMENDATION:
1111 COUNCIL ACTION:
• RESOLUTION NO. R -2011-
A RESOLUTION authorizing the City Manager to execute and administer an
intergovernmental agreement between the City of Yakima and the
Washington State Department of Ecology for the removal and abatement
of illegally dumped tires and tire piles, and providing for reimbursement of
city expenses incurred therein up to $18,690.33.
WHEREAS, pursuant to Chapter 39.34 RCW, the City of Yakima and the Washington
State Department of Ecology ( "Ecology ") may enter into intergovernmental agreements for the
performance of public service; and
WHEREAS, the City of Yakima, by and through its Public Works Refuse Division, and
Ecology have negotiated an intergovernmental agreement providing for the removal and
abatement of illegally dumped tires and tire piles, with reimbursement from Ecology of amounts
expended by the City of Yakima for such purposes, up to the amount of $18,690.33; and
WHEREAS, the City Council finds and determines that it is in the best interest of the
City of Yakima to agree to the terms and conditions of the attached agreement, and that such
agreement will promote the general health, safety and welfare; therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. The City Manager of the City of Yakima is hereby authorized and directed to execute
• and administer the attached agreement between the City of Yakima and the
Washington State Department of Ecology, which agreement is attached hereto and
incorporated herein as Exhibit "A."
2. This Resolution shall be effective upon adoption and execution as provided by law.
ADOPTED BY THE CITY COUNCIL this 20 day of September, 2011.
Micah Cawley, Mayor
ATTEST:
City Clerk
•
INTERAGENCY AGREEMENT NO C1200114
BETWEEN
THE STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
AND
City of Yakima - Public Works - Refuse Division
THIS AGREEMENT is made and entered into by and between the DEPARTMENT OF ECOLOGY,
hereinafter referred to as "ECOLOGY", and the City of Yakima - Public Works - Refuse Division hereinafter
referred to as "City of Yakima - Public Works- Refuse Division"
IT IS THE PURPOSE OF THIS AGREEMENT: Project: To remove illegally dumped tires and tire piles through
out the city limits that are on public and private property, and to educate the tire dealers and the public
about the proper ways and resources to remove the unwanted tires for recycling and proper removal
techniques. Because the City of Yakima has seen an increase in illegal tire dumping in alleyways, city
streets, and public property, proactive and aggressive means of enforcing illegal dumping and non-
licensed tire haulers within thecity are necessary and appropriate.
THEREFORE, IT IS MUTUALLY AGREED THAT:
STATEMENT OF WORK
City of Yakima - Public Works- Refuse Division shall furnish the necessary personnel, equipment, material
and /or service(s) and otherwise do all things necessary for or incidental to the performance of the work set
forth in Attachment "A" attached hereto and incorporated herein.
gib PERIOD OF PERFORMANCE
Subject to its other provisions, the period of performance of this Agreement shall commence on September
1, 2011 and be completed by June 30, 2012, unless terminated sooner as provided herein.
PAYMENT
Compensation for the work provided in accordance with this Agreement has been established under the
terms of RCW 39.34.130. The parties have determined that the cost of accomplishing the work herein will
not exceed $ 18,690.33. Payment for satisfactory performance of the work shall not exceed this amount
unless the parties mutually agree to a higher amount. Compensation for service(s) shall be based on the
following rates or in accordance with the following terms, or as set forth in accordance with the budget in
Attachment "A" which is attached hereto and incorporated herein.
BILLING PROCEDURE
City of Yakima - Public Works- Refuse Division shall submit invoices with a state invoice voucher (A19 -1A).
City of Yakima - Public Works- Refuse Division invoices will be submitted to the Contract Manager for
ECOLOGY, the name and address is provided at the end of this agreement. The invoices will include
detailed backup to justify the invoiced amount, including copies of the contractors weight receipts
documenting the tonnages removed. Payment to the City of Yakima - Public Works- Refuse Division for
approved and completed work will be made by warrant or account transfer by ECOLOGY within 30 days of
receipt of a properly completed invoice. Upon expiration of the Agreement, any claim for payment not
already made shall be submitted within 30 days after the expiration date or the end of the fiscal year,
whichever is earlier.
• RECORDS MAINTENANCE
The parties to this Agreement shall each maintain books, records, documents and other evidence which
sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the
Yakima IAA.doc 9/12/2011
service(s) described herein. These records shall be subject to inspection, review or audit by personnel of
both parties, other personnel duly authorized by either party, the Office of the State Auditor, and p rtY d federal
officials so authorized by law. All books, records, documents, and other material relevant to this Agreement
will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any
persons duly authorized by the parties shall have full access and the right to examine any of these materials
during this period.
Records and other documents, in any medium, furnished by one party to this agreement to the other party,
will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose
or make available this material to any third parties without first giving notice to the fumishing party and giving
it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections
to assure that records and documents provided by the other party are not erroneously disclosed to third
parties.
RIGHTS IN DATA
Unless otherwise provided, data which originates from this Agreement shall be "works for hire" as defined by
the U.S. Copyright Act of 1976 and shall be jointly owned by ECOLOGY and City of Yakima - Public Works -
Refuse Division. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements,
books magazines, surveys, studies, computer programs, films, tapes, and /or sound reproductions.
Ownership includes the right to copyright, patent, register, and the ability to transfer these rights.
INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this Agreement shall
continue to be employees or agents of that party and shall not be considered for any purpose to be
employees or agents of the other party.
• AGREEMENT ALTERATIONS AND AMENDMENTS
This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
TERMINATION
Either party may terminate this Agreement upon 30 days' prior written notification to the other party. If this
Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in
accordance with the terms of this Agreement prior to the effective date of termination.
TERMINATION FOR CAUSE
If for any cause, either party does not fulfill in a timely and proper manner its obligations under this
Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other
party written notice of such failure or violation. The responsible party will be given the opportunity to correct
the violation or failure within 15 working days. If failure or violation is not corrected, this Agreement may be
terminated immediately by written notice of the aggrieved party to the other.
DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the
following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The
members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board
shall review the facts, agreement terms and applicable statutes and rules and make a determination of the
dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. As an
alternative to this process, either of the parties may request intervention by the Governor, as provided by
RCW 43.17.330, in which event the Governor's process will control.
Yakima IAA.doc 9/12/2011
GOVERNANCE
This Agreement is entered into pursuant to and under the authority granted by the laws of the state of
Washington and any applicable federal laws. The provisions of this Agreement shall be construed to
conform to those laws.
In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable
statute or rule, the inconsistency shall be resolved by giving precedence in the following order:
a. Applicable state and federal statutes and rules;
b. Statement of work; and
c. Any other provisions of the agreement, including materials incorporated by reference.
ASSIGNMENT
The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or
delegable by either party in whole or in part, without the express prior written consent of the other party, which
consent shall not be unreasonably withheld.
•
WAIVER
A failure by either party to exercise its rights under this Agreement shall not preclude that party from
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement
unless stated to be such in a writing signed by an authorized representative of the party and attached to the
original Agreement.
SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held
invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without
the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental
purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable.
ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of
the parties hereto.
•
CONTRACT MANAGEMENT
The program manager for each of the parties shall be responsible for and shall be the contact person for all
communications and billings regarding the performance of this Agreement.
The Contract/Program Manager for ECOLOGY is:
Kara J. Steward
Waste 2 Resources
PO Box 47600
Olympia, WA 98504 -7600
360 -407 -6250
360 -407 -6102 (fax)
kara. steward(c�ecv.wa.gov
• The Contract/Program Manager for City of Yakima - Publics Works- Refuse Division is:
James Scott
City of Yakima - Public Works- Refuse Division
2301 Fruitvale Blvd
Yakima IAA.doc 9/12/2011
Yakima, WA 98902
509 - 576 -6745
509 - 576 -6486
jscott @ci.yakima.wa.us
IN WITNESS WHEREOF, the parties have executed this Agreement.
State of Washington
Department of Ecology City of Yakima - Public Works- Refuse Division
Signature Donald B. Cooper, City Manager
Title Date Date
APPROVED AS TO FORM: ATTEST:
ATTORNEY GENERAL'S OFFICE
City Clerk
•
Yakima IAA.doc
9/12/2011
• ATTACHMENT "A"
STATEMENT OF WORK
Project: To remove illegally dumped tires and tire piles through out the city limits that are on
public and private property. Our plan is to educate the tire dealers and the public about the proper
ways and resources to remove the unwanted tires for recycling and proper removal techniques.
We are taking proactive and aggressive means of enforcing illegal dumping and non - licensed tire
haulers within the city. The City of Yakima has seen an increase in illegal tire dumping in
alleyways, city streets, and public property.
•
Task Unit Cost Units Total
Tire Removal $150.00 / ton 39.72 tons $5,958.00
Staff support $57.13 /hour 7lhours $4,056.23
Regular or overtime
Other equipment $30.00 /hour 71 hours $2,130.00
Other supples $6,546.10 each $6,546.10
Advertising 0 0 0
TOTAL $18,690.33
•
•
Yakima IAA.doc 9/12/2011