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HomeMy WebLinkAboutILA - Regional Algal Bloom Laboratory Screening Service2023 Interlocal Cooperation Agreement – Quad-City/BFHD Harmful Algal Bloom Laboratory Page 1 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 referred to collectively as the “Cities”, and the Benton-Franklin Health District (hereinafter “BFHD”), a Washington public health district formed pursuant to Ch. 70.46 RCW. The Cities and BFHD are referred to collectively herein as the “Parties” and individually as a “Party”. This Agreement is made in conformance with and under the authority granted by Ch. 39.34 RCW, the Interlocal Cooperation Act. I. 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 HABs 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 that agreement has since 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 WHEREAS, the Washington State Department of Health and BFHD have partnered to equip BFHD with equipment and training to establish a local capability to screen untreated water samples for the presence of toxins associated with HABs; and DocuSign Envelope ID: 3797A511-6C64-4562-AB1D-ABD611B4B2AE 10th May Contract No. 202-23 2023 Interlocal Cooperation Agreement – Quad-City/BFHD Harmful Algal Bloom Laboratory Page 2 WHEREAS, there is a need to fund ongoing operation of the BFHD laboratory water screening process; and WHEREAS, the Cities’ best interests are served by collectively funding 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, the Parties hereby agree as follows: II. Agreement Section 1. Purpose The purpose of this Agreement is to authorize a collaborative effort between the Parties to fund a harmful algae bloom water quality laboratory screening program in support of the regional Quad-City Algal Bloom Management and Response Plan. Section 2. Legal Entity No separate legal or administrative entity is created upon execution of this Agreement. Section 3. Administration For purposes of this Agreement, BFHD shall be the administrator and shall operate the harmful algae bloom screening laboratory and issue invoices to the Cities for laboratory services provided as described below. Section 4. Costs, Funding and Contributions BFHD laboratory testing expenses for untreated drinking water samples collected and delivered by the Cities shall be shared between Richland, West Richland, Pasco and Kennewick. BFHD, Richland, Kennewick, and Pasco shall each contribute an amount equal to 2/7 (28.6%) of the laboratory operating costs. West Richland shall contribute an amount equal to 1/7 (14.3%) of the laboratory operating costs. BFHD shall issue invoices to Richland, West Richland, Pasco, and Kennewick for the Cities’ respective share of the expenses. Laboratory testing shall be provided at a flat rate of $65.00 per test, based on the actual cost for providing the services and include time, materials, and indirect costs per BFHD Fee Policy. Testing fees will be reviewed annually and adjusted as costs change. Upon request, BFHD will provide an estimate for budgeting purposes to the Cities. BFHD shall submit monthly invoices via e-mail to the Billing/Financial contact of each city (or their successor) listed in Exhibit A. Section 5. Water Quality Screening Program Responsibilities BFHD will operate a laboratory using the ELISA analysis method that will be used to analyze untreated Columbia River water samples. The ELISA method is intended to provide screening for the presence of HAB-related toxins, but is not sufficient to accurately quantify specific concentrations of toxins that are needed for treatment process controls and public information. The intended program involves one (1) sample run every second and fourth Tuesday of each month beginning in early April through the end of November BFHD will provide sample bottles and sample collection instructions to Richland, Pasco and Kennewick. Richland, Pasco and Kennewick will collect and deliver untreated Columbia River water samples to the BFHD on the designated days. BFHD will 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 DocuSign Envelope ID: 3797A511-6C64-4562-AB1D-ABD611B4B2AE 2023 Interlocal Cooperation Agreement – Quad-City/BFHD Harmful Algal Bloom Laboratory Page 3 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’s 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 form of 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 this Agreement shall not be affected. To this end, the terms and conditions of this Agreement are declared severable. DocuSign Envelope ID: 3797A511-6C64-4562-AB1D-ABD611B4B2AE 2023 Interlocal Cooperation Agreement – Quad-City/BFHD Harmful Algal Bloom Laboratory Page 4 Section 14. Jurisdiction & Venue Jurisdiction and venue for any action relating to the interpretation, enforcement, or any dispute arising from this Agreement shall be in Benton County Superior Court. This Agreement shall be construed in accordance with the laws of the State of Washington. Section 15. Waiver No waiver, by any Party hereto, of any terms or conditions of this Agreement shall be deemed or construed to be a waiver of any other term or condition, nor shall the waiver of any breach be deemed or construed to constitute a waiver of any subsequent breach, whether of the same term or condition, or any other term or condition of this Agreement. Section 16. Authority to Execute. Each person executing this Agreement on behalf of another person, corporation, partnership, company, or other organization or entity represents and warrants that he or she is fully authorized to so execute and deliver this agreement on behalf of the entity or party for which he or she is signing. The parties hereby warrant to each other that each has full power and authority to enter into this agreement and to undertake the actions contemplated herein, and that this agreement is enforceable in accordance with its terms. Section 17. Counterpart Originals. Execution of this Agreement and any amendment or other document related to this Agreement may be by electronic signature and in any number of counterpart originals, each of which shall be deemed to constitute an original agreement, and all of which shall constitute one whole agreement. [Signature Page to Follow] DocuSign Envelope ID: 3797A511-6C64-4562-AB1D-ABD611B4B2AE 2023 Interlocal Cooperation Agreement – Quad-City/BFHD Harmful Algal Bloom Laboratory Page 5 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 CITY OF KENNEWICK Jon Amundson, ICMA-CM, City Manager Marie Mosley, City Manager Attest: Attest: Jennifer Rogers, City Clerk Terri L. Wright, City Clerk Approved as to form: Approved as to form: Heather Kintzley, City Attorney Lisa Beaton, City Attorney CITY OF WEST RICHLAND CITY OF PASCO Brent Gerry, Mayor Adam R. Lincoln, City Manager Attest: Attest: Stephanie Haug, City Clerk Debby Barham, City Clerk Approved as to Form: Approved as to Form: Jessica Foltz, City Attorney Eric Ferguson, City Attorney DocuSign Envelope ID: 3797A511-6C64-4562-AB1D-ABD611B4B2AE 2023 Interlocal Cooperation Agreement – Quad-City/BFHD Harmful Algal Bloom Laboratory Page 6 Exhibit A – Organizational Contracts Benton-Franklin Health District Phone: (509) 460-4200 7102 W. Okanogan Place Fax: (509) 460-4590 Kennewick, WA 99336 Title/Role Contact Name Phone Email Administrator/Signature Authority Jason Zaccaria 509-460-4567 Jasonz@bfhd.wa.gov Contracts Manager Bonnie Hall 509-460-4553 Bonnieh@bfhd.wa.gov Climate Effects Specialist Jim Coleman 509-460-4319 Jamesc@bfhd.wa.gov Investigations Planning & Preparedness Manager Erin Hockaday 509-460-4326 Erint@bfhd.wa.gov Billing Manager Cyndi Cantu 509-460-4276 Cynthiaca@bfhd.wa.gov City of Richland Phone: (509) 942-7500 625 Swift Blvd, MS-26 Fax: n/a Richland, WA 99352 Responsibility Contact Name Phone Email City Manager/Signature Authority Jon Amundson (509) 942-7380 jamundson@ci.richland.wa.us Public Works Director Pete Rogalsky (509) 942-7558 progalsky@ci.richland.wa.us Public Works Admin (Billing/Finance) Kristin Rawlinson (509) 942-7466 krawlinson@ci.richland.wa.us City of Kennewick Phone: (509) 585-4419 210 W. 6th Avenue Fax: n/a Kennewick, WA 99336 Responsibility Contact Name Phone Email City Manager/Signature Authority Marie Mosley (509) 585-4251 Marie.Mosley@ci.kennewick.wa.us Public Works Director Cary M. Roe (509) 585-4292 Cary.Roe@ci.kennewick.wa.us Billing/Finance Cindy Meyer (509) 585-4249 Cindy.Meyer@ci.kennewick.wa.us City of Pasco 525 N. 3rd Ave. Pasco, WA 99301 Phone: Fax: Responsibility Contact Name Phone Email City Manager/Signature Authority Adam Lincoln (509) 543-5760 lincolna@pasco-wa.gov Public Works Director Steve Worley (509) 543-5738 Worleys@pasco-wa.gov Finance Director Darcy Buckley (509) 545-3432 buckleyd@pasco-wa.gov Division Manager Heath Bateman (509) 947-0558 Batemanh@pasco-wa.gov DocuSign Envelope ID: 3797A511-6C64-4562-AB1D-ABD611B4B2AE 2023 Interlocal Cooperation Agreement – Quad-City/BFHD Harmful Algal Bloom Laboratory Page 7 City of West Richland Phone: (509) 967-3431 3100 Belmont Blvd., Suite 102 Fax: (509) 967-5706 West Richland, WA 99353 UEI #: Responsibility Contact Name Phone Email Mayor/Signature Authority Brent Gerry (509) 967-3431 bgerry@westrichland.org Public Works Director Roscoe Slade (509) 967-5434 roscoe@westrichland.org Billing/Finance Erin Gwinn (509) 967-3431 accountspayable@westrichland.org DocuSign Envelope ID: 3797A511-6C64-4562-AB1D-ABD611B4B2AE