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HomeMy WebLinkAboutCity/County/Department of Ecology - MOU re Final Clean-up of Richardson Site at AirportCITY OF YAKIMA AND YAKIMA COUNTY — WASHINGTON STATE DEPARTMENT OF ECOLOGY MEMORANDUM OF UNDERSTANDING 1. Parties. This Memorandum of Understanding is entered into by the City of Yakima ( "City "), Yakima County ( "County ") and the Washington State Department of Ecology ( "Ecology "). 2. Purpose. The purpose of the Memorandum of Understanding is to set forth the resolution of financial obligations arising from the clean -up of the Richardson Airways Site at the Yakima Air Terminal pursuant to the Model Toxics Control Act ( "MTCA "), RCW 70.105D. 3. Background. The parties entered into a Consent Decree on December 26, 2008 for compliance with MTCA and it provided for the cleanup of the Richardson site at the Yakima Air Terminal. This followed a prior Consent Decree on May 9, 1997 that resulted in monitoring at the site. The cleanup was funded by Ecology by grant No. G0900224. The City and the County selected Landau and Associates to conduct the professional services for the clean -up. Ecology provided oversight in the course of the clean -up pursuant to WAC 173 -322 and WAC 173 -340. The oversight resulted in financial obligations for the City and the County that required further consideration by the City Manager and the County Commissioners due to impacts on their respective budgets. Representatives of the City, the County and Ecology met on March 10, 2010 to consider the financial obligations of the City and the County. Based on the discussion at the meeting, the representatives of the City, the County and Ecology were able to develop a resolution of the matter as set forth here. 4. Agreement. A. The City and the County will complete payment of the financial obligations incurred in the cleanup of the Richardson Airways site. B. The City and the County will withdraw their Motion to Set Dispute Resolution Hearing in Yakima County Superior Court in Department of Ecology v. City of Yakima, No. 08 -2- 04863 -1, previously noted for February 19, 2010. C. Ecology will provide a credit of seven thousand and five hundred dollars ($7,500) to the City for equitable resolution with the County... and the credit is for services Ecology will provide in the implementation of MTCA and /or related state legal requirements in a new project selected by the City with a preference for a site involving a landfill and redevelopment. City of Yakima and Yakima County — Department of Ecology Memorandum of Understanding Page 1 of 4 1, D' The parties agree to implement this Memorandum of Understanding in good faith With adherence to its provisions in order to fulfill its purpose. E. The approval of this Memorandum of Understanding does not constitute any admission .of liability by any party. 5. Duration. The City shall have three (3) years from the date the Memorandum of Understanding is signed by all parties to utilize the $7,500 credit, after which point the credit will expire. 6. Dispute Resolution. The parties shall strive to resolve all conflicts th rough. negotiation in good faith as the preferred approach to dispute resolution and may consider mediation, or other form of dispute resolution, as a supplement or alternative where mutually agreed to by the Parties in writing. 7. Integration. This Memorandum of Understanding constitutes the entire agreement between the City, the County and Ecology. There are no other oral or written agreements between the parties concerning the subjects addressed herein. No changes or additions to this Memorandum shall be valid or binding upon the parties unless such change or addition is in writing and executed by the parties. 8. No Third Party Rights. The City, the County and Ecology are the only parties to this Memorandum of Understanding and are the only parties entitled to enforce its terms. Nothing in this Memorandum gives, is intended to give, or shall be construed to give or provide any right or benefit, whether directly or indirectly or otherwise, to third persons. 9. Assignment. This Memorandum of Understanding, or any interest herein or claim hereunder, shall not be assigned or transferred in whole or in part by Ecology to any other person or entity without the prior written consent of the City and the County. In the event that such prior written consent to an assignment is granted, the assignee shall assume all duties, obligations and liabilities of Ecology stated herein. 10. Severability. If any portion of this Memorandum of Understanding is changed per mutual agreement or any portion is held invalid, the remainder of the Memorandum shall remain in full force and effect. 11. Notices. Unless stated otherwise herein, all notices and requests shall be in writing and sent or hand delivered to the parties to their addresses as follows: TO CITY: Richard A. Zais, Jr. City Manager City of Yakima 129 North Second Street Yakima, WA 98901 City of Yakima and Yakima County — Department of Ecology Memorandum of Understanding Page 2 of 4 AND: Doug Mayo City Engineer City of Yakima 129 North Second Street Yakima, WA 98901 TO COUNTY: Vern Redifer Public Services Director Yakima County 128 North Second Street Yakima, WA 98901 TO ECOLOGY: James Pendowski Toxics Cleanup Program, Program Manager Washington State Department of Ecology 300 Desmond Drive SE, Lacey PO BOX 47600 Olympia, WA 98504 -7600 AND: Valerie Bound Toxics Cleanup Program, Section Manager Washington State Department of Ecology Central Regional Office 15 West Yakima Ave., Suite 200 Yakima, WA 98902 -3452 or to such other addresses as the parties may hereafter designate in writing. Notices and /or demands shall be sent by registered or certified mail, postage prepaid or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. - - -- - -- -- — - CITY OF YAKIMA BOARD OF YAKIMA COUNTY COMMISSIONERS By: = R. Afta , Jr., City Manager � O.and Elliott, Chairman Date: 7 /0 0 City Clerk e *« ►` CITY CONTRAC r No: -k �1MA Co�� Michael D. Leita, Commissiono ..off W . iycV�-�,�', -o•¢ _ z• = CD ev' ouchey, Commission's. oo , •C�-��?,` Co stitu ' g the Board of County Coznirrry8j D-s for a hna County, Washington ill/IIII111�� RESOLUTION NO: SHING 4�� 6W %l oio Page 3of4 City of Yakima and Yakima County - Department of Ecology Memorandum of Understanding 1 WASHINGTON STATE DEPARTMENT OF E LOGY By: . lames Pendowski Program Manager Toxics Cleanup Program Date: I� City of Yakima and Yakima County — Department of Ecology Memorandum of Understanding Page 4 of 4