HomeMy WebLinkAbout4166 Resolution - Quad Cities - ILA - Operation of Regional AAlgai Bloom Lab Service 2022RESOLUTION NO. 4166
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE INTERLOCAL
COOPERATION AGREEMENT ("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, together with 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; 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 Washington State Department of Health and 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, non -substantive changes and execute said Agreement
on behalf of the City of Pasco.
PASSED by the City Council of the City of Pasco, Washington this 4t' day of April 2022.
ATTEST:
APPROVED AS.TO FORM:
Debra Barham, CMC Kerr F
City Clerk City 4
Resolution - Quad Cities ILA - 2
,PLLC
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 April,
2022 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 districtformed
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.
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 harmful algae blooms to the region's public
water supplies; 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 the HABs; and
WHEREAS, there is a need to fund operation of the BFHD laboratory water screening
process; and
2022 Interlocal Cooperation Agreement — Quad -City, BFHD Harmful Algal Bloom Laboratory Page 1
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
BFHD shall be the administrator for the purposes of this Agreement and shall operate the harmful
algae bloom screening laboratory and issue invoices to the Cities for laboratory services provided as
described below.
Section 4. Funding and Contributions
BFHD expenses shall be shared between BFHD, Richland, West Richland, Pasco and Kennewick.
BFHD, Richland, Kennewick, and Pasco shall contribute an amount equal to 2/9 (22.22%) of the
laboratory operating costs. West Richland shall contribute an amount equal to 1/9 (11.12%) of the
laboratory operating costs. BFHD shall issue invoices to Richland, West Richland, Pasco, and
Kennewick for the Cities' respective share of the expenses. Expenses are estimated at $1,000.00
per bi-weekly sampling event. Invoices shall be submitted monthly via e-mail to the Billing/Financial
contact, or their successor, listed in Exhibit A. Scope and budget changes that increase the
laboratory operating costs by more than twenty-five percent (25%) may only be executed after written
authorization from all five (5) Parties.
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 sample run every second and fourth Tuesday of each month beginning in early
April through the end of November 2022. 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
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
Washington State Department of Health enables the Cities to cease analytical sampling at the water
treatment plants. During analytical sampling, the cost-sharing approach to the BFHD ELISA
2022 Interlocal Cooperation Agreement — Quad -City, BFHD Harmful Algal Bloom Laboratory Page 2
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 expire on December 31, 2022 unless extended in writing by all five (5)
parties, which extension may be administratively executed without additional legislative approval.
All obligations to pay the respective shares to fund the laboratory operation shall survive
termination of this Agreement.
Section 9. Termination
Notwithstanding the obligation to pay the respective shares surviving termination in Section 8
above, this Agreement may be partially terminated by a Party's written notice to the others, which
notice shall be effective thirty (30) 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. Any modification made under this
Section 9 may be administratively executed without additional legislative approval.
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. Filinq
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.
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, and the legal relations between the Parties hereto shall be determined in accordance
with the laws of the State of Washington.
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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]
2022 Interlocal Cooperation Agreement — Quad -City, BFHD Harmful Algal Bloom Laboratory Page 4
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:
Bronson Brown, City Attorney
CITY OF KENNEWICK
Bill McKay, Mayor
Attest:
Terri L. Wright, City Clerk
Approved as to form:
Lisa Beaton, City Attorney
CITY OF PASCO
Dave Zabell, City Manager
Attest:
Debby Barham, City Clerk
Approved as to Form:
Eric Ferguson, City Attorney
2022 Interlocal Cooperation Agreement — Quad -City, BFHD Harmful Algal Bloom Laboratory Page 5
City of Richland Phone: (509) 942-7500
625 Swift Blvd, MS -26 Fax: n/a
Richland, WA 99352
Exhibit A
Contact Name
Organizational Contacts
Email
City Manager/Signature Authority
Benton -Franklin Health District
(509) 942-7380
Phone: (509) 460-4200
7102 W. Okanogan Place
Public Works Director
Fax: (509) 4604590
Kennewick, WA 99336
progalskvCa)_ci.richland.wa.us
Public Works Administrative
Assistant (billing/finance)
Title/Role
Contact Name
Phone
Email
Administrator/Signature Authority
Jason Zaccaria
509-4604567
Jasonz bfhd.wa. ov
Contracts& Billing Manager
Bonnie Hall
5094604553
Bonnieh bfhd.wa. ov
Surveillance & Investigation Sr.
Cindy Meyer
(509) 585-4249
Cindy. Meyea-ci.kennewick.wa.us
Manager
Rick Dawson
5094604313
Rickd bfhd.wa. ov
Laboratory Manaaer
Jillian Legard
5094604540
JillianlC)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
iamundson(aD-ci.rich land .wa.us
Public Works Director
Pete Rogalsky
(509) 942-7558
progalskvCa)_ci.richland.wa.us
Public Works Administrative
Assistant (billing/finance)
Mary Everham
(509) 942-7460
Meverh ame-ci. rich land.wa.us
Marie. Mosley(aci.kennewick.wa.us
City of Kennewick
Phone: (509) 585-4419
210 W. 61 Avenue
Fax:
n/a
Kennewick, WA 99336
Responsibility
Contact Name
Phone
Email
City Manager/Signature
Marie Mosley
(509) 585-4251
Marie. Mosley(aci.kennewick.wa.us
Authority
Public Works Director
Cary M. Roe
(509) 585-4292
Carv.Roe(a)_ci.kennewick.wa.us
Billing/Finance
Cindy Meyer
(509) 585-4249
Cindy. Meyea-ci.kennewick.wa.us
2022 Interlocal Cooperation Agreement — Quad -City, BFHD Harmful Algal Bloom Laboratory Page 6
City of Pasco Phone:
525 N. 31d Ave. Fax:
Pasco, WA 993.01_
Responsibility
Contact Name
Phone
Email
City Manager/Signature
Authority
Dave Zabell
(509) 545-3404
Zabelld(M-Pasco-wa.gov
Public Works Director
Steve Worley
(509) 543-5738
Worleysalpasco-wa.gov
Billing/Finance
Richa Sigdel
(509) 544-3065
Sigdelr(&Pasco-wa.gov
Lab Manager
Heath Bateman
(509) 947-0558
Batemanh(cD-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
bgerryO-westrichland.orq
Public Works Director
Roscoe Slade
(509) 967-5434
roscoe@westrichland.org
Billing/Finance
Erin Gwinn
r(509) 967-3431
1 accountspayable(c-westrichland.org
2022 Interlocal Cooperation Agreement — Quad -City, BFHD Harmful Algal Bloom Laboratory Page 7