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
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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
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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• =
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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
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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
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