HomeMy WebLinkAboutYakima County - Stormwater Service Charges INTERLOCAL AGREEMENT BETWEEN YAKIMA COUNTY AND
THE CITY OF YAKIMA REGARDING STORM AND SURFACE WATER
BILLING, RECEIPTING AND DISBURSEMENT SERVICES
This Interlocal Agreement (hereinafter "Agreement ") is made and entered into by
and between the City of Yakima, a Washington municipal corporation, (hereinafter "City ")
and Yakima County, a Washington municipal corporation, (hereinafter "Yakima County ") to
allow for the billing, receipting and disbursement by Yakima County of storm and surface
water management service charges (hereinafter "Stormwater Service Charges ") on behalf of
and for the benefit of the City.
WHEREAS, the City recognizes the need for comprehensive storm and surface water
management to preserve and protect the environment, public and private property, and the
health and welfare of its citizens, and
WHEREAS, the City represents that it has adopted the necessary legislation
authorizing the City to enter into this Agreement and has established a storm and surface
water management program and service charge, and
WHEREAS, The Yakima County Treasurer has a fully developed real property tax
and assessment billing system which can be used for another jurisdiction's storm and
surface water management service charge billing when an interlocal agreement is entered
into for that purpose, and
WHEREAS, pursuant to RCW Chapter 39.34, the parties are each authorized to enter
into an interlocal agreement,
NOW THEREFORE, in consideration of the mutual covenants contained herein, it is
agreed by the parties as follows:
1. Purpose of the Agreement.
The Purpose of this Agreement is to do the following:
a. To establish and set forth the billing, receipting and funds disbursement
services the parties agree will be provided for the collection of Stormwater
Service Charges on properties located in the City.
b. To establish a means whereby Yakima County can act as the City's agent to
bill and receipt said service charge for the City from property owners and
transmit revenues collected to the City.
c. To establish payment to Yakima County for billing, receipting and
disbursement services provided to the City.
2. Scope of Services.
Yakima County shall provide the following services to the City:
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a. On behalf of and for the benefit of the City, Yakima County shall bill, receipt
and disburse (i.e., process and mail billing statements, receipt and disburse
payments) Stormwater Service Charges for properties within the City. These
charges shall be billed and receipted in accordance with YMC Chapter 7.80;
provided, however, that the City will notify Yakima County before November
1 of storm and surface water management service charges that will apply for
the following year.
b. Yakima County shall refer to the City Utility Services Division inquiries that
are related to billing and revenue collection for Yakima property owners,
including any questions related to interest and penalties assessed on
delinquent accounts.
c. Yakima County shall hold storm and surface water management service
revenues collected for the City in a separate account and disburse said
revenues to the City on a monthly basis
d. Yakima County shall transmit to the City two preliminary Stormwater
Charges Confirmation Files by November 15 following the Stormwater
Service Charges File transmitted to the County on November 1st. The
Stormwater Charges Confirmation files shall be electronic, pipe- delimited,
text files including "Parcel Number ", "Situs Address ", "Taxpayer of Record ",
"Mailing Address of Taxpayer ", and "Amount to be Billed ". By January 15
Yakima County will transmit to the City the final Stormwater Confirmation
Files confirming the information listed above.
e. Yakima County shall, through it's vendor, develop an electronic, pipe -
delimited, text file (hereinafter "Stormwater Transaction File ") appropriate for
transmitting stormwater receipting information to the City. This Stormwater
Transaction File shall include "Financial Transaction Type ", "Parcel Number ",
"Situs Address ", "Amount Paid ", "Date Paid ", "Payer of Tax (person or
company who actually paid the tax), and "Address of Payer of Tax ".
f. Yakima County shall transmit to the City by the tenth working day of each
month the Stormwater Transaction File containing the transactions of the
preceding month.
g. By the tenth working day of the January following the billing year, Yakima
County shall transmit to the City the final Stormwater Transaction File and
with an electronic file of delinquent accounts (those not paid by December
31st) and return those accounts to the City for collection.
The City shall be responsible for the following services in relation to this Agreement:
a. Maintaining and updating a storm and surface water management customer
information database.
b. Providing Yakima County by November 1St of the year prior to the billing year
with an electronic, pipe - delimited, text file of annual Stormwater Service
Charges that shall include at a minimum the parcel number and the amount
to be billed and other reasonable specifications as may be required by the
County. The parties agree that such a schedule may be attached as Exhibit 1
to this agreement after execution, and that such attachment (or as the same
may be supplemented prior to the County's certification process) shall
thereafter be included as a provision of this agreement for all purposes.
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c. Handling/ collecting delinquent accounts based upon the delinquent account
list provided by Yakima County; including placing any liens on property and
pursuing foreclosure resulting from such delinquencies. Further acquiring,
holding, and / or disposing of property pursuant to any such delinquencies
shall be addressed outside the scope of this Agreement.
d. If the City modifies the billing amount for a customer for any reason after
Yakima County has certified the Stormwater Billing, the customer will pay the
City directly and the City will notify the County to remove the amount due
from their files. This notification will be given to the County by the 5 day of
the month following the modification of the billing amount. The request will
be in the form of a resolution authorizing the removal of the charges.
3. Service Fee.
In consideration of the billing, receipting and disbursement services provided by
Yakima County under this Agreement, the City shall pay an annual service fee to
Yakima County in accordance with the following:
a. Within ninety (90) days of the first billing of Stormwater Service Charges
under this Agreement, the City shall pay Yakima County an annual service fee
of $1.13 per parcel for billing and receipting services to be provided in 2008.
b. On or before September 15, 2008, and on or before September 15 of each
successive year during the term of this Agreement, Yakima County shall
provide the City with written notice of the service fee to be charged the
following year, in accordance with R.C.W. 36.29.180. The City shall notify
Yakima County in writing within thirty (30) calendar days after receipt of
such notice whether or not it agrees to pay the service fee set forth in the
notice. If the City's notice indicates agreement, this Agreement shall be
thereby amended to continue the services described herein under the terms
and conditions of this Agreement for that year. If the City does not agree, or if
one or both notices are not sent or received, this Agreement shall expire at
midnight of December 31 of the last year for which agreement is reached.
c. The City shall pay Yakima County the mutually agreed to annual service fee
within thirty (30) calendar days after receipt of the billing from Yakima
County or December 31 of the year in which billing is made, whichever occurs
first.
d. The City shall pay the County a one -time fee estimated to be $3,680.00 plus
sales tax for the creation of the Stormwater Transaction File. This fee shall be
paid within 30 days after the receipt of the invoice.
4. Effectiveness and Duration.
This Agreement shall become effective upon execution of the Agreement by the duly
authorized representative of each of the parties hereto and upon recording the same
as set forth in Section 17 and shall remain in effect until termination of this
Agreement as set forth in Section 3(b), Section 5, or Section 9(c), whichever occurs
first.
5. Termination of Agreement.
a. Termination by the City. If the City desires to terminate the billing, receipting
and disbursement services for the following year, the City shall provide
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Yakima County with a written notification of termination by October 1 of the
preceding year. Upon such notification, this Agreement shall terminate at
midnight on December 31 of the year in which notice is given and the County
shall provide to the City a final Stormwater Transaction File containing all
transactions current to December 31S
b. Termination by Yakima County. Yakima County may terminate this
Agreement upon ninety (90) days' written notice to the City. If the County
terminates this Agreement under this paragraph, it shall pay to the City an
amount that reasonably represents the unused portion of the annual service
fee paid by the City for the year in which termination occurs and it will
provide to the City a final Stormwater Transaction File containing all
transactions current as of the termination date..
6. Property.
Any real or personal property used by either party in connection with this
Agreement will be acquired, held, and disposed of by that party in its discretion, and
the other party will have no joint or other interest herein.
7. Compliance with Law.
The parties, in the performance of the Agreement, shall comply with all applicable
local, state, and/ or federal laws, ordinances, rules and regulations.
8. Hold Harmless and Indemnification.
a. Yakima County agrees to hold harmless, indemnify, and defend the City, its
officers, elected officials, employees, and agents from and against any and all
suits, actions, claims, liability, damages, judgments, costs and expenses
(including costs and reasonable attorney's fees) which result from or arise out
of any intentional or negligent act and /or omission of Yakima County, its
officers, elected officials, employees, and agents in connection with or
incidental to the performance of this Agreement.
b. The City agrees to hold harmless, indemnify, and defend Yakima County, its
officers, elected officials, employees, and agents from and against any and all
suits, actions, claims, liability, damages, judgments, costs and expenses
(including costs and reasonable attorney's fees) which result from or arise out
of any intentional or negligent act or omission of the City, its officers, elected
officials, employees, and agents in connection with or incidental to the
performance or non - performance of this Agreement.
c. In the event that Yakima County and the City and /or their respective officials,
officers, agents, and /or employees are negligent, each party shall be liable for
its contributory share of negligence for any resulting suits, actions, claims,
liability, damages, judgments, costs and expenses (including costs and
reasonable attorney's fees).
d. The foregoing indemnity is specifically and expressly intended to constitute a
waiver of each party's immunity under Washington's Industrial Insurance
Act, RCW Title 51, with respect to the other party only, and only to the extent
necessary to provide the indemnified party with a full and complete
indemnity of claims made by the indemnitor's employees. The parties
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acknowledge that these provisions were specifically negotiated and agreed
upon by them.
e. Nothing contained in this section of this Agreement shall be construed to
create a liability or a right of indemnification in any third party.
f. This section of the Agreement shall survive the term or expiration of this
Agreement and shall be binding on the parties to this Agreement.
9. Severability.
a. If a court of competent jurisdiction holds any part, term or provision of this
Agreement to be 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 to be 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.
c. Should either party determine that the severed portions substantially alter this
Agreement so that the original intent and purpose of the Agreement no longer
exists, said party may, in its sole discretion, terminate this Agreement upon
thirty (30) calendar days' advance written notice to the other party.
10. Non - Waiver.
A waiver by either party hereto of a breach by the other party hereto of any covenant
or condition of this Agreement shall not impair the right of the party not in default to
avail itself of any subsequent breach thereof. Leniency, delay or failure of either
party to insist upon strict performance of any agreement, covenant or condition of
this Agreement, or to exercise any right herein given in any one or more instances,
shall not be construed as a waiver or relinquishment of any such agreement,
covenant, condition or right.
11. Third Parties.
The City and Yakima County are the only parties to this Agreement and are the only
parties entitled to enforce its terms. Nothing in this Agreement 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.
12. Drafting of Agreement.
Both Yakima County and the City have participated in the drafting of this
Agreement. As such, it is agreed by the parties that the general contract rule of law
that ambiguities in the contract language shall be construed against the drafter of a
contract shall have no application to any legal proceeding, arbitration and /or action
in which this Agreement and its terms and conditions are being interpreted and /or
enforced.
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13. Notices.
Unless stated otherwise herein, all notices and demands shall be in writing and sent
or hand delivered to the parties to their addresses as follows:
To the City: Yakima City Clerk
City Clerk's Office
Yakima City Hall
129 North Second Street
Yakima, WA 98901
To Yakima County: Ilene Thomson
Yakima County Treasurer
P.O. Box 22530
Yakima, WA 98907 -2530
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.
14. Integration.
This written document constitutes the entire agreement between Yakima County and
the City. There are no other oral or written Agreements between the parties as to the
subjects covered herein. No changes or additions to this Agreement shall be valid or
binding upon either party unless such change or addition be in writing and executed
by both parties.
15. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of
the State of Washington.
16. Venue.
The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
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17. Filing with County Auditor, City Clerk and Secretary of State.
The City shall file a copy of this Agreement with the Yakima County Auditor's Office
(pursuant to RCW 39.34.040), the Yakima City Clerk, and with the Washington State
Secretary of State.
CITY OF YAKIMA YAKIMA COUNTY
' C_VW A6TID&\
R. A. Zais, Jr., City Manager Yakima County Treasurer
Date: //- 19 ' c?`7 Date: \\ - )
Attest: Approved as to Form:
1 „.. 15(1 e n �/ ( /� e ( 1 n 4`
City Clerk Deputy Prosecuting Attorney
Date: / - 0 ! Date: \
i:.
CITY CONTRAC F NO' (;?(. L - / 0
RFSO! UTI ^N NO r m�
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Exhibit 1
2005 Storm and Surface Water Management Service Charges
City of Yakima 2005 Rate Structure
THIS EXHIBIT WILL BE COMPLETED WHEN THE CITY ADOPTS A STORM AND
SURFACE WATER MANAGEMENT ORDINANCE
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O I� I~
YAKIMA COUNTY TREAS I E
Yakima '09 SEP 15 P12 :501
Ilene Thomson,
County County Treasurer
SENT VIA CERTIFIED MAIL YAKIMA CITY CLERK
September 14, 2009
YAKIMA CITY CLERK
CITY CLERK'S OFFICE
YAKIMA CITY HALL
129 N 2 ST
YAKIMA WA 98901
SUBJECT: Interlocal Agreement Between Yakima County and The City of
Yakima Regarding Storm and Surface Water Billing, Receipting and
Disbursement Services
In accordance with Section 3. Service Fee, the Yakima County Treasurer's Office
is notifying the City of Yakima that the service fee for 2010 will be $1.00 per
parcel that is assessed the City of Yakima Stormwater Fee.
The City shall notify the Yakima County Treasurer's Office in writing within thirty
(30) calendar days after receipt of such notice whether or not it agrees to pay the
service fee set forth in this notice.
If you have any questions, please feel free to contact me.
Thank you.
ILENE THOMSON
YAKIMA COUNTY TREASURER
r c-- RoctuL,
by: Theresa Roche
Senior Accountant
128 North Second Street, Room 115 • PO Box 22530 • Yakima, WA 98907 -2530
Phone: 509 -574 -2800 • FAX: 509 - 574 -2801
www.co.yakima.wa.us /treasurer /treasurer
CITY OF YAKIMA
;(10 WASTEWATER DIVISION
2220 East Viola
‘✓ '- Yakima, Washington 98901
ze °, ' Phone: 575-60770 Fax (509) 575 -6116
September 18, 2009
Ilene Thomson
Yakima County Treasurer
128 N. 2 St. Room 115
PO Box 22530
Yakima, WA 98907 -2530
SUBJECT: Interlocal Agreement between Yakima County and the City of Yakima
Regarding Storm and Surface Water Billing, Receipting and
Disbursement Services
In accordance with Section 3. Service Fee, the City of Yakima is notifying the Yakima
County Treasurer's Office that the $1.00 per parcel service fee noted in your September
14, 2009 letter is acceptable and the City of Yakima agrees to pay this service fee for
each parcel assessed a City of Yakima Stormwater Fee for 2010.
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If you have any questions, please feel free to contact me.
Th. you
\\\\
Sco h. er
Wastewater Divi ion Manager
City of Yakima
cc: Dick Zais, City Manager
Rita DeBord, City Finance Director
Cindy Epperson, City Deputy Director of Accounting & Budgeting
Yakima
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