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Home My WebLink AboutR-2009-064 Wastewater Laboratory Services - Interlocal Agreement with Yakima CountyRESOLUTION NO. R-2009-64 A RESOLUTION authorizing and directing the City Manager to execute an Interlocal Agreement between the City of Yakima and Yakima County for laboratory services conducted by the City of Yakima's Wastewater Division. WHEREAS, Yakima County desires to utilize the City of Yakima's laboratory services to conduct Most Probable Number (MPN) fecal coliform testing on the discharges of the Yakima County's Drainage Improvement District (DID) systems; and, WHEREAS, the City of Yakima being the only local State Certified Laboratory to conduct such fecal coliform testing in accordance with the Department of Ecology; and, WHEREAS, the fecal coliform testing will be utilized in identify illicit discharges due to sewer connections to the DID systems; and, WHEREAS, the completion of this project will benefit the efforts of the Regional Stormwater Policy Group in the removal of such illicit discharges from entering surface waters, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached "Interlocal Agreement for Laboratory Services" with Yakima County. The funds received for such services are to be directed to the City of Yakima's Stormwater Operating Fund 441. ADOPTED BY THE CITY COUNCIL this 21 day day of April, 2009. ATTEST: David Ed er, ayor City Clerk INTERLOCAL AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA COUNTY FOR LABORATORY SERVICES THIS AGREEMENT is entered into between Yakima County, Washington (hereinafter the "County") through its Public Services Department, whose address is 128 North 2nd Street, 4th Floor Courthouse, Yakima, Washington 98901, and the City of Yakima (hereinafter the "City"), whose address is 129 North 2"d Street, Yakima, Washington 98901, pursuant to RCW 39.34. WHEREAS, the County and the City are members of the Regional Stormwater Policy Group and participate as such to ascertain the most cost beneficial course of action for the Parties in order to provide the best value to its citizens concerning NPDES II Stormwater activities; and, WHEREAS, the County desires to utilize the City's laboratory services to conduct fecal coliform testing on the discharges of the County's Drainage Improvement District (DID) systems;' and, WHEREAS, the fecal coliform testing will be utilized in identify illicit discharges due to sewer connections to the DID systems; and, WHEREAS, the County desires the City to perform such fecal coliform testing in accordance with Standard Methods 9221 E. Fecal Coliform Procedure; using the Most Probable Number (MPN) to calculate the estimation of the fecal coliform density due to the anticipated turbidity of the samples; and, WHEREAS, the City being the only local State Certified Laboratory to conduct such fecal coliform testing in accordance with the Department of Ecology; and, WHEREAS, the completion of this project will benefit the efforts of the Regional Stormwater Policy Group in the removal of such illicit discharges from entering surface waters; NOW, THEREFORE, IT IS HEREBY AGREED as follows: 1. Purpose. The purpose of this Agreement is to define the scope of services contracted between the City and the County, set forth the compensation paid for such services and enumerated other related provisions that contribute to the mutual benefit of the parties to this Agreement. 2. Duration of Agreement. This Agreement shall become effective on the date of signing by the City and the County, as well as filing in accord with Section 16, and shall continue until November 1, 2009 or terrninated by either party in accordance with Section 11 of this Agreement. 3. Obligations of the Parties. A. The County will: Page 1 of 5 1 a) In accordance with Standard Methods, collect and deliver to the City's Wastewater Laboratory discharge samples of the County's DID systems to be tested for MPN fecal coliform; not to exceed a total of eight (8) samples per week. b) Ensure all samples are accompanied with the proper Chain -of -Custody forms. Information to include: • Date of request • Date of sample • Sample identification • Type of preservation used (if any) • Test requested • Name (s) and signature (s) of individual (s) collecting and delivering the samples to the lab. • Time delivered to the lab. c) Provide the City with a schedule of all the sampling events to be conducted on the DID systems prior to the commencing of the sampling project. d) Deliver samples to the City's Wastewater Laboratory no later than 3:00 pm Monday through Friday. e) Provide up to eight (8) water samples weekly for a period of six (6) months (24 weeks) for a total of 192 samples. f) Be assessed the current MPN rate on record of $468.44 in accordance with 7.60.105 E. (2) of the City of Yakima's Municipal Code for Laboratory Testing Fees, except as follows: i. In consideration of the sample volume and an established schedule, one (1) to eight (8) samples per weekly sample delivery will be assessed at a lump sum equal to the current MPN rate on record. ii No more than eight (8) samples may be delivered weekly. iii. There will be a ten percent (10%) administrative fee added to the total amount when invoiced. g) Reimburse the City for lab services provided by the City when billed with invoices from the City. .B The City will a) Sterilize County -provided sample containers prior to weekly sample dates and provide Chain -of -Custody forms. b) Ensure all samples received from the County are accompanied with the proper Chain -of -Custody forms and will provide the following: Page 2 of 5 • Time samples arrived • Conditions of samples/Observations • Name and signature of individual receiving the samples into the lab. c) Ensure the testing of all samples is performed in accordance with Standard Methods 9221 E. Fecal Coliform Procedure; using MPN to calculate the estimation of the fecal coliform density. For each sample, dilutions will be set up to ensure a lower detection limit of <20 MPN/100 ml and an upper detection limit of >160,000 MPN/100 ml d) Ensure the name(s) and signature(s) of all individual(s) performing the fecal testing and MPN calculations are included with the results on the appropriate benchsheet. e) Submit results with the billed invoices to the County for laboratory services rendered by the City. C. This Interlocal Agreement shall be in full force and effect when executed by the City and the County. 4. Administration. This Agreement shall be administered by the City's Wastewater Division Manager and the County's Public Services Surface Water Management Division 5. No Third Party Rights. This Agreement is entered into for the sole benefit of the City and the County. It shall confer no benefits or rights, direct or indirect, on any third parties. No person or entity other than the City and the County may rely upon or enforce any provision of this Agreement. 6. Indemnification and Hold Harmless. a. Each party hereto agrees to be responsible and assume liability in the performance of this Agreement for its own wrongful and/or negligent acts or omissions, and those of its officers, agents, or employees to the fullest extent allowed by law. b. The provisions of this Section shall survive the termination or expiration of this Agreement. c. Nothing contained in this Section or this Agreement shall create a liability or a right of indemnification in any third party. 7. Integration. This Agreement contains all of the terms and conditions agreed on by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement, are deemed to exist or to bind either of the parties. 8. Modifications. The parties may modify this Agreement but no proposed changes or modifications shall have validity or become binding on either party unless such changes or modifications are in writing and executed by both parties. 9. Nondiscrimination. The Contractor agrees that it shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, sexual onentation, age, marital status, political affiliation or belief, or the presence of any sensory, mental or Page 3 of 5 physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 U S.C. 12101 et seq.) or any other applicable state, federal or local law, rule or regulation. 10. Severability. a. If a court of competent jurisdiction holds any part, term or provision of this Agreement illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held invalid. b. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 11. Waiver. The waiver by either party of any term or condition of this Agreement .shall not operate in any way as a waiver of any other condition, obligation or term or prevent either party from enforcing such provision. 12. Termination. The parties may terminate this Agreement, with or without cause, by written notice from either party to the other party thirty (30) days in advance of the termination. In the event of termination, the amount of compensation shall be for services rendered through the termination date. 13. Survival. Any provision of this Agreement which imposes an obligation after expiration or termination of this Agreement shall survive the expiration or termination and shall bind the parties. 14. Notices. Unless otherwise stated herein, all notices and demands are required in written form and sent to the parties at their addresses as follows: TO CITY OF YAKIMA: R. A. Zais, Jr., City Manager City of Yakima 129 North Second Street Yakima, WA 98901 TO YAKIMA COUNTY: Vem M. Redifer, PE Public Services Director 128 North Second Street Yakima, WA 98901 14. Goveminq Law. This Agreement shall be govemed by and construed in accordance with the laws of the State of Washington 15. Compliance with Law. All Parties to this Agreement shall comply with all applicable federal, state and local laws, rules and regulations in carrying out the terms and conditions of this Agreement. Page 4 of 5 J 16. Filing. Copies of this Agreement shall be filed with the Yakima County Auditor, pursuant to RCW 39 34 040, and with the City Clerk of Yakima CITY OF YAKIMA R.A. Zais, Jr., City Manager Date Signed Attest: Deborah M 2_ 7/ c>=3 City Clerk CITYCONTRACf NO: ,/-Jr� RESOLUTION NO: -l93 PKh.A Co - •:n BOARD OF YAKIMA COUNTY COMMISSIONERS BOARD OF YAKIMA COUNTY COMMISSIONERS J.Ray d Elliott, Chairman Michael D. Leita, Commissioner evin J.: • chey, Commissioner Constituting the Board of County Commissioners for Yakima County, Washington Date Signed Appo� ved/as to form: Deputy Prosecuting Attorney Tiera L. Girard Christina Ster, �1erk of the Boar�eputy Clerk of the Board •n �o:Dated this 5 Y•• o; Page 5 of 5 , 2009