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HomeMy WebLinkAboutILA - Quad-City Water Right Mitigation Model and Operating ProceduresINTERLOCAL COOPERATION AGREEMENT Between Cities of Kennewick, Richland, Pasco and West Richland For Administration and Funding of Quad -City Water Right Mitigation Model and Operating Procedures THIS INTERLOCAL AGREEMENT ("Agreement") is entered into on this Lftl"" day of MCk-re_Vl , 2021 by and between the City of Kennewick (hereinafter "Kennewick"), the City of Richland (hereinafter "Richland"), the City of Pasco (hereinafter "Pasco"), and the City of West Richland (hereinafter "West Richland"), all municipal corporations of the State of Washington (referred to collectively as the "Parties"). This Agreement is made in conformance with and under the authority granted by RCW 39.34, the Interlocal Cooperation Act. 1. Recitals WHEREAS, Richland, Kennewick, Pasco, and West Richland were granted Washington State Surface Water Right Permit S4-30976 on September 15, 2003 (hereinafter "Permit'); and WHEREAS, the Permit requires the Parties, on an annual basis, to tabulate and report overall water supply usage, Quad -City Water Right utilization, and comply with mitigation provisions associated with consumptive use as outlined in the Regional Water Forecast and Conservation Plan (RWFCP); and WHEREAS, to efficiently and effectively collect and annualize water supply usage data, and to annually document that the available mitigation volume is equal to or greater than the required mitigation volume for Columbia River flows, the four cities, Richland, Kennewick, Pasco and West Richland, have agreed to fund a Quad -City Water Right Mitigation Model and Operating Procedures; and WHEREAS, staff in Richland, Kennewick, Pasco and West Richland have collaborated to select an engineering consultant and to negotiate a scope of work and budget for the study; and WHEREAS, the Interlocal Cooperation Act contained in RCW 39.34 authorizes local governments such as the Parties to this Interlocal to contract for the joint conduct of activities which each of the Parties is individually authorized to perform. NOW, THEREFORE, the Parties hereby agree as follows: II. Agreement Section 1. Purpose The purpose of this Interlocal Cooperation Agreement is to authorize a collaborative effort between the Parties to comply with mitigation provisions associated with the Quad -City Water Right and to determine the parameters for the contracting and funding of said model and operating procedures. 2021 Interlocal Cooperation Agreement — Quad -City Water Right Mitigation Model Page 1 Section 2. Legal Entity No separate legal or administrative entity is created upon execution of this Interlocal Cooperation Agreement. Section 3. Administration West Richland shall award and administer the consultant agreement contemplated under this Interlocal Cooperation Agreement. The proposed consultant agreement is attached as Exhibit A Section 4. Funding and Contributions Consultant expenses shall be shared in four (4) equal amounts between Richland, West Richland, Pasco and Kennewick. West Richland shall issue invoices to Richland, Pasco, and Kennewick for their respective share of the plan update expenses. Invoices shall issue no more frequently than monthly. Scope and budget changes that increase the project budget may only be executed after written authorization from all four Parties. Section 5. Property No real or personal property shall be acquired as a consequence of the execution of this Interlocal Cooperation Agreement. The Parties shall own and receive at least one copy of the Quad -City Water Right Mitigation Model and Operating Procedures produced as a result of this Agreement. Section 6. Additional Resources Richland, Kennewick, Pasco, and West Richland will provide staff support to complete data requests, meeting and training attendance, and analysis reviews as needed to efficiently administer the model. Section 7. Duration This Agreement shall expire twelve months after the close-out of the consultant agreement. All obligations to pay the respective one-fourth share to fund the plan update shall survive termination of this Agreement. Section 8. Notices Written notice shall be directed to the parties as follows: City of Richland 625 Swift Boulevard, MS -26 Richland, WA 99352 Attn: Public Works Director City of Kennewick 210 W. 6` Avenue Kennewick, WA 99336 Attn: Public Works Director City of West Richland 3100 Belmont Blvd., Suite 102 West Richland, WA 99353 Attn: Public Works Director City of Pasco 525 N. 3rd Avenue Pasco, WA 99301 Attn: Public Works Director Section 9. Filing Pursuant to RCW 39.34.040, this Agreement shall become effective upon filing with the Benton County Auditor or posting on each agency's website after it is fully executed by all Parties. Section 10. Modification This Agreement may be amended or modified only in writing, and only with the written consent of each undersigned party. 2021 Interlocal Cooperation Agreement — Quad -City Water Right Mitigation Model Page 2 Section 11. 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 the Agreement or the applications of the remainder of the Agreement shall not be affected. To this end, the terms and conditions of this Agreement are declared severable. Section 12. 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, and the legal relations between the parties hereto shall be determined in accordance with the laws of the State of Washington. Section 13. Waiver No waiver by either 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 or any other term or condition of this Agreement. [Signature Page to Follow] 2021 Interlocal Cooperation Agreement — Quad -City Water Right Mitigation Model Page 3 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the day and year written above. CITY OF RI LAND Jon Amundson, Interim City Manager Attest -;�...- 094Ms, Approved as to form: Heather Kintzley, City Attorn CITY OF WEST RICHLAND Brent Gerry, Mayor Approved as to Form: Bronson Brown, City Attorney CITY OF KENNEWICK Don Britain, Mayor Attest: Terri L. Wright, City Cler Approved as to form: Lisa Beaton, City Attorney CITY OF PASCO Dave Zabe , anager Attest: 1 % Acv�' Debbya am, City Clerk Approved as to Form: _ ' ity Attorney 2021 Interlocal Cooperation Agreement — Quad -City Water Right Mitigation Model Page 4