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HomeMy WebLinkAboutR-2010-053 Wastewater Services Interlocal Agreement with the City of Union GapRESOLUTION NO. R-2010-53 A RESOLUTION authorizing and directing the City Manager to execute an Interlocal Agreement between the City of Yakima and the City of Union Gap for wastewater services. WHEREAS, the City of Yakima (City) and the City of Union Gap (Union Gap) have an existing agreement for Union Gap property owners to utilize selected sanitary sewer services provided by the City; and, WHEREAS, the City and Union Gap lack an agreement for City property owners to utilize selected sanitary sewer collection provided by Union Gap; and, WHEREAS, this agreement will provide reciprocity for City property owners to utilize selected sanitary sewer collection services provided by Union Gap, 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 between the City of Yakima and the City of Union Gap for Wastewater Services. ADOPTED BY THE CITY COUNCIL this 4th day of May, 2010. Micah Cawley! Mayor ATTEST: INTERLOCAL AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE CITY OF UNION GAP FOR WASTEWATER SERVICES THIS AGREEMENT 'is entered into between the City of Union Gap, Washington (hereinafter "Union Gap") through its Public Services Department, whose address is 102 W. Ahtanum Road, Union Gap, Washington 98903, and the City of Yakima (hereinafter "Yakima"), whose address is 129 North 2nd Street, Yakima, Washington 98901, pursuant to RCW 39.34. WHEREAS, Yakima and Union Gap have an existing agreement for Union Gap property owners to utilize selected sanitary sewer services provided by Yakima; WHEREAS, Yakima and Union Gap lack an agreement for Yakima property owners to utilize selected sanitary sewer collection provided by Union Gap; WHEREAS, this agreement will provide reciprocity for Yakima property owners to utilize sanitary sewer collection services provided by Union Gap; NOW, THEREFORE, IT IS HEREBY AGREED as follows: 1. Duration of Agreement. This Agreement shall become effective on the date of signing by Yakima and Union Gap, as well as. filing in accord with Section 21, and shall continue until terminated by either party in accordance with Section 14 of this Agreement. 2. Obligations of the Parties. --- Authorization to Furnish Sewer Service — Authorization to Connect to Sewer System. A. Authorization to Furnish Sewer Service. Yakima does hereby authorize Union Gap to furnish sanitary sewer collection services to certain property, as provided by this Agreement, within the corporate boundaries of Yakima which is not economically feasible for service by Yakima domestic sewer systems, in accordance with and subject to the provisions, terms and conditions of this Agreement. B. Authorization to Connect to Sanitary Sewer Collection System. Union Gap does hereby authorize Yakima's connection to the Union Gap domestic sewer system of certain property, as provided by this Agreement, within the corporate. boundaries of Union Gap and which is not economically feasible for service by the Yakima domestic sewer system, in accordance with the provisions, terms and conditions of this Agreement. C. Yakima and Union Gap hereby agree such sewer connection(s) is considered a "temporary connection." When sanitary sewer service is available from Yakima for such properties served by Union Gap, they must immediately disconnect from Union Gap's sanitary sewer system and connect into Yakima's sanitary sewer system. The property owner(s) is responsible for applicable connection and permit costs to Yakima at the time of connection. Any permit fees and/or connection charges that have previously been paid to the City of Union Gap will not be refunded. 3. Determination of Property Served. No sewer connection of the type contemplated by this Agreement shall be made unless the Chief Executive Officers of Union Gap and the Yakima City Manager give their prior approval to such connection as conforming to the provisions and intent of this Agreement. Page 1 City of Yakima and City of Union Gap Wastewater Service Interlocal Agreement 4. Sewer Connections -Permit -Inspection. A. Permit Required. No connection shall be made unless a Union Gap sewer connection permit is first obtained by the property owner and the appropriate permit fee is first paid for each connection. The property owner seeking a connection must pay all City of Union Gap fees associated with connection including any applicable benefit area, infrastructure and/or inspection fees. The connection shall be subject to inspection and approval for code compliance by Yakima and Union Gap code enforcement personnel in accordance with the Uniform Plumbing Code as adopted by Union Gap and Yakima and policies in effect at the time the connection is made. Should there be a discrepancy between the two codes, the more restrictive provision shall apply. Before such a connection is made, Yakima will certify to Union Gap that all applicable code provisions are met. 5. Method for Computinq Charges. If a connection is made as contemplated under this agreement, connecting property owners benefiting from such connections shall be billed at the City of Union Gap's rate for services provided outside its city corporate limits. That rate is 150% of the rate applied to those receiving services within the City of Union Gap's corporate limits. In order to establish the charges that will be applied to properties connecting under this agreement, the City of Yakima shall furnish to the City of Union Gap a schedule of water meter consumption indicating the quantity of domestic water supplied to such properties during the previous month measured with a water flow meter and/or sewage flow meter. If a parcel of property proposed for connection under this agreement has been unmetered for both domestic water and sewage flow, then the City of Union Gap may require the installation of a sewage flow meter or charge a monthly flat rate based on the outside city corporate boundaries rate. 6. Compliance with Applicable Laws. In addition to complying with Yakima and Union Gap code requirements specified in Sections 3-6 of this Agreement, applications for, and owners of such property served with domestic sewer service pursuant to this Agreement shall otherwise comply with all applicable ordinances and policies of Yakima and Union Gap, and with all applicable laws, rules and regulations of any governmental agency, as those ordinances, policies, laws, rules or regulations now exist and as they, or any of them, are amended from time to time (related to sewer service and treatment). 7. Administration. This Agreement shall be administered by Yakima's Wastewater. Manager and Union Gap's Public Works Director. 8. No Third Party Rights. This Agreement is entered into for the sole benefit of Yakima and Union Gap. It shall confer no benefits or rights, direct or indirect, on any third parties. No person or entity other than Yakima and Union Gap may rely upon or enforce any provision of this Agreement. 9. 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. Page 2 City of Yakima and City of Union Gap Wastewater Service Interlocal Agreement C. Nothing contained in this Section or this Agreement shall create a liability or a right of indemnification in any third party. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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 compensationshall be for services rendered through the termination date. 15. Dispute Resolution. Yakima and Union Gap shall strive to meet and discuss any outstanding issues related to this Agreement in order to resolve any dispute through cooperation and negotiation. If this is not successful, the Parties may consent to mediation but only if they do so in a written agreement. .. 16. 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. Page 3 City of Yakima and City of Union Gap Wastewater Service Interlocal Agreement 17. 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: City Manager 129 North Second Street Yakima, WA 98901 TO CITY OF UNION GAP: Mayor 102 W. Ahtanum Road Union Gap, WA 98903 18. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 19. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County. 20. 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. 21. 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.7elty Manager S//q //o Date Signed Attest: Deborah Kloster CITY OF UNION GAP City Clerk CITY CONTRAC r NO: ,,Za/O' �/ RESOLUTION NO: /e-,Z/e1-....{3 Page 4 City of Yakima and City of Union Gap Wastewater Service Interlocal Agreement Date Signed • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: May 4, 2010 ITEM TITLE: Consideration of a Resolution authorizing execution of an Interlocal Agreement between the City of Yakima and the City of Union Gap for Wastewater Services. SUBMITTED BY: Dave Zabell, Assistant City Manager Scott Schafer, Wastewater Manager CONTACT PERSON/TELEPHONE: Scott Schafer, Wastewater Manager, 249-6815 SUMMARY EXPLANATION: Staff respectfully requests City Council consideration of a resolution authorizing and directing the City Manager to execute an Interlocal Agreement between the City of Yakima (City) and the City of Union Gap (Union Gap) for wastewater services. In accordance with this Agreement, the City would authorize Union Gap to furnish sanitary sewer collection services to certain property within the corporate boundaries of the City which is not economically feasible for service by the City's domestic sewer system. The City and Union Gap agree that such sewer connections are considered a "temporary connection" until sanitary sewer service can be provided by the City. The purpose of this Agreement between the City and Union Gap is to provide reciprocity for City property owners to utilize sanitary sewer collection provided by Union Gap. (See attached Agreement) Resolution X Ordinance Other (Specify) Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: City -Manager STAFF RECOMMENDATION: Staff respectfully requests the City Council adopt the resolution authorizing and directing the City Manager to execute an Interlocal Agreement between the City of Yakima and the City of Union Gap for Wastewater Services. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: