HomeMy WebLinkAboutResolutions - 2022-12 - Authorizing the mayor to sign an agreement between the City of East Wenatchee and the City of Wenatchee for use of the City of Wenatchee Decant Facility. - 4/5/2022City of East Wenatchee Resolution 2022-12 with Exhibit A
Retain Resolution until no longer needed for City-business, then transfer to Washington State
Archives (GS50-05A-16 Rev. 1)
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City of East Wenatchee, Washington
Resolution No. 2022-12
A Resolution of the City of East Wenatchee, Washington authorizing
the Mayor to execute an agreement between the City of East Wenatchee
and the City of Wenatchee for use of the City of Wenatchee Decant
Facility.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711 (TTY).
2. Authority.
2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS:
3. Authorization. The City Council authorizes the Mayor to execute a contract amendment that conforms to the language set forth in Exhibit A.
4. Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution.
5. Effective date. This Resolution becomes effective immediately.
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City of Wenatchee
Wenatchee Valley Regional Decant Facility
Use Agreement
THIS FACILITY USE AGREEMENT (this "Agreement'') is entered into this ____ day of _________2022,
between the City of Wenatchee, a municipal corporation (the "City”), a municipal corporation of the
State of Washington and City of East Wenatchee ("East Wenatchee”), collectively referred to herein as
the "Parties.", in consideration of the mutual promises and covenants hereinafter set forth.
1.0 Purpose
1.1 The purpose of this Agreement is to allow the disposal of street waste at the Wenatchee
Valley Regional Decant Facility (the “Facility”) located at 1745 South Wenatchee,
Wenatchee, Washington.
2.0 Term
2.1 The term shall commence on April 18, 2022 and terminate after five (5) years unless
otherwise terminated upon mutual agreement of both Parties.
3.0 Premises
3.1 The City grants to East Wenatchee the right to use the Facility in accordance with this
Agreement.
4.0 Schedule
4.1 Use of the site is limited to the operating hours established by the City of Wenatchee.
The typical hours of operation will be Monday through Friday from 7:00 AM to 3:30 PM.
The Facility hours of operation may vary seasonally. The City will notify East Wenatchee
in advance of any changes to these hours of operation.
4.2 The Facility will be closed on all holidays observed by the City of Wenatchee.
4.3 Use of the Facility outside the established hours of operation must be pre-approved by
the City.
5.0 Fees and Charges
5.1 East Wenatchee will be billed an annual fee of $2,400.00, which will be billed on the first
quarter invoice and a tipping fee of $180.00 per trip. The annual fee will be pro-rated
for the first year based on the effective date of this Agreement.
5.2 The tipping fee may be increased based on changes to the City’s waste disposal contract
with Waste Management. The City shall notify East Wenatchee in writing of any
proposed changes to the tipping fee ninety (90) calendar days prior to the
implementation of the new tipping fee.
EXHIBIT- A
City of East Wenatchee Resolution 2022-12, Exhibit - A Page 1 of 6
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5.3 If damages are incurred to the Facility attributable to East Wenatchee, the cost of
repairing the damage plus a 15% administration fee will be billed to East Wenatchee and
shall be paid within 30 days of date of invoice.
5.4 If East Wenatchee leaves a suspect load at the Facility as defined by the most current
version of the Operations and Maintenance Plan, East Wenatchee will be responsible
for the testing and disposal costs as well as any costs associated with cleaning the
Facility following the removal of the suspect load plus a 15% administration fee which
shall be paid within 30 days of date of invoice.
5.5 The City will invoice East Wenatchee for tipping fees at the end of each quarter.
Payment will be due within 30 days of date of invoice.
6.0 Use
6.1 The City will operate and maintain the Facility.
6.2 All use of the Facility shall be in accordance with the most current version of the
Wenatchee Regional Decant Facility Operations and Maintenance Plan.
6.3 Waste approved for disposal is limited to eductor truck waste from the maintenance of
a separate stormwater system and street sweepings.
6.3 Waste disposal logs must be submitted no later than the 5th of the month following the
end of the quarter, i. e. April 5th, July 5th, October 5th, and January 5th.
7.0 Insurance
7.1 East Wenatchee agrees to maintain insurance or self-insure against all risks in any way
related to, or arising out of, the use of the Facility. East Wenatchee’s insurance, in
whichever form, shall be primary insurance for all risks related to, or arising out of, East
Wenatchee’s use of the Facility.
8.0 Mutual Indemnification
8.1 East Wenatchee shall indemnify, defend and hold harmless the City, its respective
officers, agents and employees, from and against any and all claims, losses or liability, or
any portion thereof, arising from injury or death to persons or damage to property
occasioned by any negligent act, omission or failure of East Wenatchee, its officers,
agents, contractors, employees and volunteers, in connection with or arising out of this
Agreement.
8.2 The City shall indemnify, defend and hold harmless East Wenatchee, its respective
officers, agents and employees, from and against any and all claims, losses or liability, or
any portion thereof, arising from injury or death to persons or damage to property,
occasioned by any negligent act, omission, or failure of the City, its officers, agents, and
employees, in connection with or arising out of this Agreement.
City of East Wenatchee Resolution 2022-12, Exhibit - A Page 2 of 6
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9.0 Severability
9.1 I In the event that any provision of this Agreement shall be determined to be
unenforceable or otherwise invalid for any reason, such provision shall be enforced and
validated to the extent permitted by law. All other provisions of this Agreement are
severable, and the unenforceability or invalidity of any single provision hereof shall not
affect the remaining provisions.
10.0 Modification; No Assignment
10.1 No alteration, changes, or amendments of this Agreement will be binding upon either
party unless the same are written and executed by the parties.
10.2 This Agreement shall not be assignable by East Wenatchee.
11.0 Time is of the Essence
11.1 Time is of the essence of this Agreement, and of each and every term, condition and
provision.
12.0 Waiver
12.1 The waiver by the City or East Wenatchee of any breach of any term contained in this
Agreement shall not be deemed to be a waiver of such term for any subsequent breach
of the same or any other term.
13.0 Attorneys Fees
13.1 In the event of litigation regarding any terms of this Agreement, the Parties shall bear
their own attorney fees and costs incurred therein.
14.0 Notices
14.1 Notices under this Agreement must be in writing and must be sent by registered or
certified mail to the last known address of the party to whom the notice is to be given,
as designated by such party in writing. The City and East Wenatchee hereby designate
their addresses as follows:
City of Wenatchee
Public Works Director
P.O. Box 519, Wenatchee, WA 98807-0519
City of East Wenatchee
Public Works Manager
271 9th St NE, East Wenatchee WA 98802
City of East Wenatchee Resolution 2022-12, Exhibit - A Page 3 of 6
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15.0 Governing Law/Venue
15.1 This Agreement is governed by the laws of the State of Washington. The jurisdiction of
any action hereunder shall be in the Superior Court, Chelan County, Washington.
16.0 Termination & Modification
16.1 The City reserves the right to modify or terminate this Agreement at any time in the
event it deems modification or termination is necessary to preserve the integrity and
function of the Facility. The City shall notify East Wenatchee in writing of any proposed
modifications or termination thirty (30) calendar days prior to the implementation of
such modifications or termination.
16.2 If East Wenatchee terminates this Agreement prior to the expiration date, East
Wenatchee shall pay the annual fees pro-rated to the termination date of the Agreement.
DATED this _____ day of ______________, 2022.
City of East Wenatchee Resolution 2022-12, Exhibit - A Page 4 of 6
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By
________________________
Jerrilea Crawford, MayorCity of East Wenatchee
Attest:
___________________________
Maria Holman, City Clerk
Approved as to form only:
___________________________ Robert R. Siderius, City Attorney
City of East Wenatchee Resolution 2022-12, Exhibit - A Page 5 of 6
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CITY OF WENATCHEE, a Washington municipal
corporation
By: ____________________________
Frank Kuntz, Mayor
ATTEST:
By: ___________________________
Tammy Stanger, City Clerk
DATED this _____ day of ______________, 2022.
APPROVED AS TO FORM:
__________________________________
City Attorney
__________________________________
Date
City of East Wenatchee Resolution 2022-12, Exhibit - A Page 6 of 6