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Res 1203 - Agmt DEQ Drug Cleanu ........" COUNCIL BILL NO. 1500 RESOLUTION NO. 1203 A RESOLUTION ENTERING INTO A LETTER AGREEMENT WITH THE OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY FOR ILLEGAL DRUG LAB CLEANUP. WHEREAS, the 1993 Legislature eliminated illegal drug lab cleanup funding from the Oregon Department of Environmental Quality's (DEQ) budget for 1993-95; and WHEREAS, DEQ is willing to contract with the city for illegal drug lab cleanup services at an hourly rate payable as services are provided; and WHEREAS, the city needs immediate availability of illegal drug lab cleanup services so that emergency situations can be addressed; and WHEREAS, it is in the city's interest to contract with DEQ to provide these services; NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the Mayor is authorized to execute, on behalf of the city, the letter agreement with the Oregon Department of Environmental Quality to provide illegal drug lab cleanup services. Section 2. A copy of said agreement is attached hereto, and by this reference, incorporated herein. U APprovedastoform~~0t2-- ~O -1~-7'S City A:::::VED' . b:f.7 I(~' L n Kelley, Mayor Passed by the Council October 25, 1993 Submitted to the Mayor October 26, 1993 Approved by the Mayor October 26, 1993 Filed in the Office of the Recorder October 26, 1993 ATTEST: /i?~~~ 1- Mary nnant, City Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. 1500 RESOLUTION NO. 1203 ~. .... ---r ~. ~n Document Drafted: September 8, 1993 DEPARTMENT OF ENVIRONMENTAL QUALITY CITY OF WOODBURN 270 MONTGOMERY ST WOODBURN, OREGON 97071 Re: Illegal Drug Lab Cleanup Agreement Between the Department of Environmental Quality (DEQ) and Local Government Jurisdiction This letter responds to your request to have the Department of Environmental Quality (DEQ or the Department) clean up and dispose of materials resulting from illegal drug lab activity. Under legislation adopted in August 1993, DEQ may receive asset forfeiture revenue to pay for costs related to illegal drug lab cleanup activities. As of September 1, 1993 DEQ has not received any revenue from these forfeitures. Until DEQ has received $25,000 in asset forfeiture revenue to offset Department costs, the Department will provide drug lab cleanup services only with an agreement for cost recovery. Once the Department reaches $25,000 in the asset forfeiture funds, those funds will be used on a fIrst-come, fIrst-served basis until the funds are exhausted. These funds will be replenished periodically, and if forfeiture funds exceed cleanup costs, cleanups will be performed using those funds. This letter serves as an agreement between DEQ and your jurisdiction where you request DEQ's assistance for the cleanup of hazardous substances where illegal drug lab activities have occurred or are suspected to have occurred and before the Department reaches $25,000 in asset forfeitures or after these funds are exhausted. This agreement will apply at any or all of the properties that you designate and for which you request assistance when asset forfeiture funds are insuffIcient. Under this agreement DEQ requires that jurisdictions seeking DEQ investigation and cleanup of illegal drug activities pay an hourly rate of $72 to DEQ for staff time. The DEQ hourly rate is calculated to include direct personnel and indirect costs to the agency. Additionally, the local jurisdiction must reimburse DEQ for all other direct costs, such as contractor costs. Because of the limited scope of work envisioned under this agreement, the Department will not provide accounting details beyond the hours worked by staff and summaries of non-DEQ direct costs. Invoices from DEQ for services provided under this agreement are payable_' 45 days from date of the invoice. \... ) Because of the uncertainty of asset forfeiture funds and the potential for rapid .... .... depletion of those funds, the Department must make an evaluation of available funds on the date the request is received. If adequate funds are available, the cleanup will proceed using those funds regardless of whether the local jurisdiction is a party to this agreement. However, if funds are not 811 SW Sixth Avenue Portland, OR 97204-1390 (503) 229-5696 TDD (503) 229-6993 .f1'A DEQ-l '6CI .,. 't.. -,._~ .-...._.,.._"--~"--,,..-.._-_., ,-~",._- ,- Local JurisdictionlDEQ Agreement Page 2 available from the asset forfeiture funds, DEQ will provide illegal drug lab cleanup services for local jurisdictions only if this agreement is executed and on file with DEQ. DEQ will determine when forfeiture funds reach $25,000 and when funds are depleted. DEQ will not use these funds to retroactively pay for cleanup activities performed under this agreement. DEQ will not retroactively charge the local jurisdiction for cleanup activities that were started with forfeiture fund monies but were completed after these monies were exhausted. Either DEQ or the jurisdiction may terminate this agreement by giving 15 calendar days advance written notice to the other; the 15 days begin running upon receipt, not date of postmark. Only those costs incurred or obligated by DEQ prior to the effective date of any termination of this agreement will be owed under this agreement. Termination of this agreement will not affect any other right DEQ may have for recovery of costs under any applicable law. The local jurisdiction shall hold DEQ harmless for any claims including, but not limited to, claims of property damage or personal injury, arising from activities coordinated, reviewed, overseen, or performed by DEQ or DEQ's contractors under this agreement. This agreement is not and shall not be construed as an admission by the local jurisdiction of any liability under ORS 465.255 or any other law or as a waiver of any defense to such liability. This agreement shall not be construed as a waiver, release, or settlement of claims DEQ may have against responsible parties or as a waiver of any enforcement authority DEQ may have with respect to responsible parties or the subject property. If the terms of this agreement are acceptable to you, please have it executed by an authorized officer in the space provided below and return to DEQ. u)[{ k/ ary Wahl, ivision Administrator, Environmental Cleanup Division Accepted and agreed to this ;, 7 tiJ day of otl ,192i By: ~iC~ fH~;tV Title: ,... . -.--.-.T-.....-....--- -..-....--.....--.--.