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Home My WebLink About4346 Resolution - ILA - Quad Cities - 2023 Operation of Regional Algai Bloom Lab ServiceRESOLUTION NO.4346 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE THE INTERLOCAL COOPERATION AGREEMENT WITH THE CITIES OF KENNEWICK, RICHLAND, PASCO, WEST RICHLAND, AND THE BENTON FRANKLIN HEALTH DISTRICT FOR THE FUNDING OF A REGIONAL ALGAL BLOOM SCREENING LABORATORY AND SERVICES. WHEREAS, the City of Pasco, together with the Cities of Richland, Kennewick, and West Richland, were granted Washington State Surface Water Right Permit S4-30976 on September 15, 2003, (herein after "Permit"); and WHEREAS, the Parties use the Permit and other water rights to access the Columbia River for potable water supply. Richland, Kennewick, and Pasco withdraw, treat, and deliver Columbia River water to their residents. West Richland purchases treated water provided by Richland for a substantial portion of its potable water supply; and WHEREAS, in 2021 harmful algal blooms were detected and monitored in the Columbia River; and WHEREAS, harmful algal blooms may release toxins that pose a risk to human health; and WHEREAS, harmful algae blooms and their associated toxins are an emerging risk to water utilities across the United States, but at present are not regulated by the United States Environmental Protection Agency (EPA) or the Washington State Department of Health (DOH); and WHEREAS, in February 2022, the Cities executed an Interlocal Agreement to hire a consulting firm to create a management plan addressing the risks posed by harmful algae blooms to the region's public water supplies; and WHEREAS, during the 2021 season, the availability of laboratory services to support the regional monitoring needs was identified as a weak link potentially impacting the effective management of the risk; and WHEREAS, the DOH and the Benton Franklin Health Department (BFHD) have partnered to equip the BFHD with equipment and training to establish a local capability to screen untreated water samples for the presence of toxins associated with the harmful algae blooms; and WHEREAS, there is a need to fund operation of the BFHD laboratory water screening process; and Resolution - Quad Cities ILA - 1 WHEREAS, it is in the Cities best interest to collectively fund a fair share of the BFHD laboratory operation as an element of its harmful algae bloom management plan because the BFHD laboratory will be more responsive and less expensive than alternative service providers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. The purpose of this Interlocal Cooperation Agreement is to authorize a collaborative effort between the Parties to fund a harmful algae bloom water quality screening laboratory program in support of the regional Quad -City Algal Bloom Management and Response Plan, as described within Exhibit A attached hereto. Section 2. The City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to make minor, substantive changes and execute said Agreement on behalf of the City of Pasco. PASSED by the City Council of the City of Pasco, Washington on this 1' day of May, 2023. L i . 4Bc geB arajas Mayor ATTEST: Debra Barham, CMC City Clerk APPROVED AS TO FORM: Kerr Fe rgu aw, PLLC City At eys Resolution - Quad Cities ILA - 2 INTERLOCAL COOPERATION AGREEMENT Between Cities of Kennewick, Richland, Pasco, West Richland, and the Benton Franklin Health District For Funding the Operation of a Regional Algal Bloom Laboratory Screening Service THIS INTERLOCAL AGREEMENT ("Agreement") is entered into on this day of 2023 by and between the City of Kennewick (hereinafter "Kennewick"), the City of Richland (hereinafter "Richland"), the City of Pasco (hereinafter "Pasco"), the City of West Richland (hereinafter "West Richland"), all municipal corporations of the State of Washington, and the Benton -Franklin Health District (hereinafter "BFHD"), a Washington public health district formed pursuant to Ch. 70.46 RCW, referred to collectively as the "Parties". This Agreement is made in conformance with and under the authority granted by Ch. 39.34 RCW, the Interlocal Cooperation Act. 1. Recitals WHEREAS, the Interlocal Cooperation Act, Ch. 39.34 RCW, authorizes local governments such as the Parties to contract for the joint conduct of activities which each of the Parties is individually authorized to perform; and WHEREAS, the cities access the Columbia River for potable water supply. Richland, Kennewick and Pasco withdraw, treat, and deliver Columbia River water to their residents. West Richland purchases treated water provided by Richland for a substantial portion of its potable water supply; and WHEREAS, in 2021, harmful algae blooms (HABs) and associated toxins were detected and monitored in the Columbia River; and WHEREAS, HABs and their associated toxins are an emerging risk to water utilities across the United States, but at present are not regulated by the United States Environmental Protection Agency (EPA) or the Washington State Department of Health; and WHEREAS, in February 2022, the Cities executed an interlocal agreement to create a management plan addressing the risks posed by harmful algae blooms to the region's public water supplies; and WHEREAS, in April 2022 the Parties executed an interlocal agreement to fund the operation of a Regional Algal Bloom Laboratory Screening Service, and WHEREAS, the April, 2022 agreement has expired; and WHEREAS, during the 2021 HAB mitigation and response efforts, the availability of laboratory services to support the regional monitoring needs was identified as a weak link potentially impacting the effective management of the risk; and 2023 Interlocal Cooperation Agreement — Quad -City, BFHD Harmful Algal Bloom Laboratory Page 1 complete the laboratory analysis and provide preliminary results on or before the end of the business day following sample delivery. In accordance with the Regional Quad -City Algal Bloom Management Plan, if algae bloom related toxins are detected in the BFHD ELISA analysis, Richland, Pasco, and Kennewick will begin analytical sampling of untreated and finished water samples at their water treatment plants. The analytical sampling will use another laboratory for the sample analysis. Richland, Pasco and Kennewick will cease delivering samples to BFHD screening laboratory until such time as the Cities, operating under the terms of the Regional Algal Bloom Management Plan and the Washington State Department of Health regulatory oversight, cease analytical sampling at the water treatment plants. During analytical sampling, the cost -sharing approach to the BFHD ELISA laboratory will be suspended. If the BFHD ELISA laboratory is reactivated for municipal water supplies, the cost - sharing approach will resume. Section 6. Property No real or personal property shall be acquired as a consequence of the execution of this Agreement. Each Party shall own and receive its own copy of BFHD laboratory analysis reports produced as a result of this Agreement. Section 7. Additional Resources BFHD, Richland, Kennewick, Pasco, and West Richland will be responsible for its own labor and equipment as needed to support sample collection and transportation and for operational decisions and actions taken in response to laboratory results. Section 8. Duration This Agreement shall start effective May 1, 2023 and shall expire on December 31, 2028. This Agreement may be renegotiated sooner if any rules or regulations regarding the monitoring or management of HAB change. Section 9. Termination This Agreement may be terminated by a Party's written notice to the others, which notice shall be effective 120 (120) days after received by the last party required to be notified. The remaining Parties may choose to provide a written modification to this Agreement or continue to operate under this Agreement without the noticing Party. Section 10. Notices Contact information for each agency is provided in Exhibit A. Written notice shall be directed to the first two names of each agency as identified on Exhibit A. For purposes of this Agreement, email is considered an acceptable format for official notice. Section 11. Filing Upon execution by all parties, this Agreement shall become effective as of the date first written above. The Cities will post the fully executed Agreement on their respective websites pursuant to RCW 39.34.040. Section 12. Modification This Agreement may be amended or modified only in writing, and only with the written consent of each undersigned party. Section 13. Severability If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable as written, the remainder of this Agreement or the applications of the remainder of 2023 lnterlocal Cooperation Agreement — Quad -City, BFHD Harmful Algal Bloom Laboratory Page 3 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the day and year written above. BENTON-FRANKLIN HEALTH DISTRICT Jason Zaccaria, District Administrator CITY OF RICHLAND Jon Amundson, City Manager Attest: Jennifer Rogers, City Clerk Approved as to form: Heather Kintzley, City Attorney CITY OF WEST RICHLAND Brent Gerry, Mayor Attest: Stephanie Haug, City Clerk Approved as to Form: Jessica Foltz, City Attorney CITY OF KENNEWICK Marie Mosley, City Manager Attest: Terri L. Wright, City Clerk Approved as to form: Lisa Beaton, City Attorney CITY OF PASCO Adam R. Lincoln, Interim City Manager Attest: Debby Barham, City Clerk Approved as to Form: Eric Ferguson, City Attorney 2023 lnterlocal Cooperation Agreement — Quad -City, BFHD Harmful Algal Bloom Laboratory Page 5 City of Pasco Phone: 525 N. 311 Ave. Fax: Pasco, WA 99301 Responsibility Contact Name Phone Email Interim City Manager/Signature Adam Lincoln (509) 543-5760 lincolna asco-wa. ov Authority Public Works Director Steve Worley (509) 543-5738 Worleys a@pasco-wa.gov Finance Director Darcy Buckley (509) 545-3432 buckled asco-wa. ov Division Manager Heath Bateman (509) 947-0558 Batemanh@pasco-wa.gov City of West Richland Phone: (509) 967-3431 3100 Belmont Blvd., Suite Fax: (509) 967-5706 102 West Richland, WA 99353 UEI #: Responsibility Contact Name Phone Email Mayor/Signature Authority Brent Gerry (509) 967-3431 bgerry(@westrichland.or9 Public Works Director Roscoe Slade (509) 967-5434 roscoe westrichland.or Billing/Finance Erin Gwinn (509) 967-3431 1 accountspayablePwestrichland.org 20231nterlocal Cooperation Agreement — Quad -City, BFHD Harmful Algal Bloom Laboratory Page 7