HomeMy WebLinkAbout4091 Resolution - ILA - Quad City - Stormwater Grant Application RESOLUTION NO. 4091
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITIES OF KENNEWICK, RICHLAND,
PASCO, AND WEST RICHLAND FOR THE ADMINISTRATION AND
FUNDING OF THE QUAD-CITY STORMWATER EFFECTIVENESS STUDY
AND WATER QUALITY STORMWATER GRANT APPLICATION.
WHEREAS,in July 2019,the Washington State Department of Ecology issued the Eastern
Washington Phase II Municipal Stormwater Permit(herein"Permit"); and
WHEREAS,the Permit requires the Quad-Cities to participate in the implementation of a
Stormwater Management Program Effectiveness Study (S8.A of the Permit); to obtain funding to
complete this study the Quad-Cities will be applying for a Department of Ecology 2021-2023
Water Quality Stormwater Grant(hereinafter"Grant"); and
WHEREAS, staff in the cities of Richland, Kennewick, Pasco and West Richland have
collaborated to select an engineering consultant and to negotiate a scope of work and budget for
the preparation of the Grant application; 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,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO,WASHINGTON:
Section 1. That the City Council of the City of Pasco approves the terms and conditions
of the Interlocal Agreement between Cities of West Richland, Kennewick, Richland and the City
of Pasco, a copy of which is attached hereto and incorporated herein by reference as Exhibit A;
and
Section 2. West Richland has awarded and will administer the consultant agreement
contemplated under this Interlocal Cooperation Agreement. The consultant agreement is attached
hereto and incorporated herein by reference as Exhibit B; and
Section 3. 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 agreement expenses; and
Section 4. The City Manager of the City of Pasco, Washington, is hereby authorized,
empowered, and directed to execute said Interlocal Agreement on behalf of the City of Pasco; and
to take all necessary steps required to complete this transaction.
Resolution-Quad-Cities Stormwater Grant Application ILA- 1
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington this 7th day of September,
2021.
Sau artinez
Mayor
ATTEST: APPROVED AS TO FORM:
��
G� l,��1L►-�_— .
Debra arham, CMC Ke rguson Law, PLLC
City Clerk Attorney
Resolution-Quad-Cities Stormwater Grant Application ILA-2
�luZ�L�r�, A
INTERLOCAL COOPERATION AGREEMENT
Between
Cities of Kennewick, Richland, Pasco and West Richland
For
Administration and Funding of Quad-City Stormwater Effectiveness Study and
Water Quality Stormwater Grant Application
THIS INTERLOCAL AGREEMENT ("Agreement") is entered into on this day of
, 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 "Quad-Cities"). This Agreement is made in conformance with and
under the authority granted by RCW 39.34, the Interlocal Cooperation Act.
I. Recitals
WHEREAS, in July 2019 the Washington State Department of Ecology issued the Eastern
Washington Phase II Municipal Stormwater Permit (hereinafter"PermiY'); and
WHEREAS, the Permit requires the Quad-Cities to participate in the implementation of a
Stormwater Management Program Effectiveness Study (S8.A of the Permit);to obtain funding to
complete this study the Quad-Cities will be applying for a Department of Ecology 2021-2023
Water Quality Stormwater Grant (hereinafter"Grant") 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 preparation
of the Grant application; 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 befinreen
the Parties to complete the application process for the Grant.
Section 2. Leqal Entitv
No separate legal or administrative entity is created upon execution of this Interlocal Cooperation
Agreement.
Section 3. Administration
West Richland has awarded and will administer the consultant agreement contemplated under this
Interlocal Cooperation Agreement. The consultant agreement is attached as Exhibit A.
2029 Interloca/Cooperation Agreement—Quad-City Sformwafer Granf Application Page 1
Section 4. Fundinq 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 agreement 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. Propertv
No real or personal property shall be acquired as a consequence of the execution of this Interlocal
Cooperation Agreement.
Section 6. Additional Resources
Richland, Kennewick, Pasco,and West Richland will provide staff support to complete data requests,
meeting attendance, and reviews as needed to efficiently administer the Grant application. This
Interlocal Agreement will be amended if the Quad-Cities are successful in obtaining the Grant for the
Effectiveness Study.
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 City of West Richland
625 Swift Boulevard, MS-26 3100 Belmont Blvd., Suite 102
Richland, WA 99352 West Richland, WA 99353
Attn: Public Works Director Attn: Public Works Director
City of Kennewick City of Pasco
210 W. 6�'Avenue 525 N. 3�d Avenue
Kennewick, WA 99336 Pasco, WA 99301
Attn: Public Works Director Attn: Public Works Director
Section 9. Filinc�
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.
Section 11. Severabilitv
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.
2021 Interlocal Cooperation Agreement— Quad-City Stormwater Granf Applicafion Page 2
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 befinreen 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]
2029 lnferloca!Cooperation Agreement— Quad-Cify Stormwater Grant Application Page 3
IN WITNESS WHEREOF, the Parties have signed this Agreement as of the day and year
written above.
CITY OF RICHLAND CITY OF KENNEWICK
Jon Amundson, Interim City Manager pon Britain, Mayor
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 Dave Zabell, City Manager
Attest: Attest:
Stephanie Haug, City Clerk Debby Barham, City Clerk
Approved as to Form: Approved as to Form:
Bronson Brown, City Attorney Cindy A. Briggs, City Attorney
2029 Interlocal Cooperafion Agreement—Quad-City Stormwater Grant Application Page 4
EXHIBIT B
� ; �•
SCOPE C}F VIIORK
The project is to develop a 2021 Washington State Department of Ecology Stormwater Grant of Regional
Significance(GR�SS) Grant application for the Cit�r of West Richland Effectiveness Study. 'fhis is
expected to include:
• Meet wifh#he jurisdictians who are planning to team on the effectiveness study to callect their
ideas far the study.
• Devefop a fact sheet that summarizes the key points of the project.The fact sheet will be
submitted with the grant application.
• Meet with Ecology and the jurisdictions that are teaming on the effectiveness study to coliect
feedback on the fact sheet. The fact sheet wili be updated ta address comments from these
meetings.
• Develop a grant application for the City follortving Ecology requirements for GROSS grants and
that addresses comments colfected during meetings wi#h the jurisdictions teaming on this proJect.
• Load the apptication into EAGL on-behalf of the City.
• Develop a draft(etter requestirtg suppart from other jurisdictions.
Assumptions:
• OCI will develap a draft application for the jurisdictions to review and will update the application
per City comments.
• The fact sheet will be two pages and contain an averview of the study, conceptuat research
design with figures illustrating the test s�e setup, and discussion about how the study results
could be applied to benefit Washington permittees.
• braft documents will be posted on a OneDrive site forthe City and ather jurisdictions review.
• OCf will upload the application into the Ecology EAGL program prior to the grant deadline.
Clty tasks:
• Provide review and comments for the draft application and fact sheet based on a mutually agreed
upon timeframe that will be determined after this cantract is executed.
• Finalize the draft tetter of support developed by OCI.Then send out the letter requesting support
from jurisdictions. Leiters received will be submitted with the grant application. The City is
responsible for uploading these letters to EAGL.
• Tl�e City of West Richland is respansible for giving OCI access to their EAGL account. The Cify is
also responsib{e for submitting the grant apptication.
Deliverables:
• Draft and Final GROSS grant application.
• Draft and Final Fact Sheet
• Draft letter of support for the project.
Fees:
. The scope of work is on a time-and-materials basis not-to-exceed$5,000.
,
The below signatures attest to the agreemen#of each party to the above scope and fee as well as the
enclosed Standard Provisions(Exhibit A}_
Client: Cansultant:
City of West Richfand Osborn Consulting,Inc.
Name: Wame: L-aur� Ruppert
ritie: , �._ � � �....-. - Titie: Vice President
t ' `-- �LL �
Signature: � $��~ - Signature:
Date: � � �'� � �_,� Date: 7/14/2Q21
BELI.EVUE •SEATTLE•SPOKAtJE �
STANDARD PROV/S/ONS
1. PaymeMs. professionals who are cumenUy practicing in the a�a
1.1 Monthly Invoices. Mor�hly invoices shall be where OCI is located. OCI makes no e�ress or
issued for all Services perFormed under this�qr�eement. implied warranties.
1.1.1 Lump Sum. Invoioes for a lump sum 9. Indemniiy. OCI and Client shall indemnify and
contract are based on peroent�qe of work comptefied; ar�d hold each other harmless from and against atl daims,
the cantract amourrt may be inaieased for any unanticipated babilities, adions, damages and expenses,
event, whicFt is beyond OCI's corrtrol and which increases induding reasonable attomey5' fees, r�elabed to or arising
the level of serviaes required to oomplete Project. out of their negfigent ads or omissions in cflnnecti� with
7.1.2 Time and Materials. Invoice.s fnr a time the Project
and ma�erials contract are based on the haurly rates 70. Limitatlon of Liabilityt. Glierrt agrees to r�quire
referenoed irt the attached scope of woMc. OCI be named as an addido�al insured for all insurance
1.1.3 Re�iners. Retainers shall be applied policies carried by con#ractors, subcontractors and
toward final invoice. suppliers on which Clierrt has been or will be named as an
1.2 Expenses. Fxpenses indude all out-0f-podcet additionai insured. Regardless of�e presence or absence
costs far technical, professional and deriql services and for coverage, OCI shall no# be liable for loss or damage
transportation; meals and lodging; laboratory tests and occasioned by delays beyond OCPs c�antrol, or for loss of
anaiyses; tetephone; printing, copying, and binding. eamings, loss of use or other incidental or consequential
�nses are biifed at 1.15 times in�oice amount, and Client damages suffered by Client or others, however
shall pay all gavemmental fees,permits and charges. caused. OCPs liability hereunder, whether in tort or in
1.3 Paymerrt�aie. Invoioes are due and payable contract, tor arry cause of adior� shall be limited as
within forty-five(45)clays after date of invoioe. foUows: (a) for insur+ed liabilities arising out of OCPs
1.4 Past Due Accourrts. My invace not paid negligenoe, to the amount of insurance then available to
within thirly(30) days aiter dabe of Invoice shall bear irrterest fund any settlement, award or verdid; (b) for uninsured
at the maximum allowable rafe permitted by law, liabilities, OGI will pay for i6ems�uough liabi6ty coverage or
1.5 Stop Woric. OCI may stop wark on Project out of padcet, to one hundred percent (100'/a) of the fiee
and withhold delivery of all work until Clierrt's obfigations eamed by OCI under this AgtBement
then due and owing to OCI are paid in full. 11. Altemative Dispute Resolution. Unresolv�ed
1.6 Dlspubes. Invnices shall outline Services ciisputes, corrtrov�ersies and claims relating to
performed and all r�tabed charges and expenses. Disputes pe�fortnance of Services shall be initialfy refern2d to
regarcling an invoice shall be forwanded in writing to OCI mediation.
within iwenty (20)days of date of invoice. If Client does noi !2. Attomeys'Fees. If any proceeding is cammenced
dispute an invoioe within the pr�escn'bed time, the invoice is relaaiing to this aq�ement prevailing party is erititled
deemed a�urate. to r�ecov�er iis reasonable attameys'i�ees and costs.
1.7 Esdmates. Estimated amour�ts for Services 13. Termtnation. This Agreemenf may be
perFormed on an hourly or cost plus fiee bases are only terminaUed upon thirty (30) days written notice to the
esdmates and may not aa�rabely reflect the ultimate other party. In such" ever�, Client sha8 pay OCl for alI
char�yes to Ctient. Services perfnrmed and fi�r all expenses incurred to
- 2. Notice to Proceed. This agreement constitutes and induding date of termination. tn addition, Client
ClienYs notioe to proceed with Servioes. sha11 pay OCI to archive U�e project 61es.
3. Subconsultants. With Client's approval, OCI rnay 14. Dabes. All time periods refer to calendar days
retain subrAnsultants to perform senrices for Project unless otherwise stated.
4. F�ctra.Work. If Ciient desines woric to be perfnrmed 95. Govem�ng Law and Venue. The laws of the
beyond the Services desa'►'bed in this �gr�ement ("Ex6a state in which the OCI off�ce that has primary responsibility
Wori�'), Client must authorize the Exfra Wak by signing a for the Senrioes is loca#ed shall govem tt�s Agreement.
arritten supplement If written supplemer�t is impradicable, Venue inr all proceedings shall be in the counfy of said
then a written or electronic statement authorizing the Extra office.
Work is required. 1s. Survival. The provisions of thi� Agreemsnt shall
surviwe its terrnination,and comptetion of Services.
5. Delay of Project Clause Removed. 17. Complefie AgreemeM. This Agreerrrent
6. Safety and Constru�tion. OCI is not responsible constitutes the wmplete and fina! understanding
for construction means,methods,techniques,seqt�nces of bet�nreen the pa�ti� and may only be amended by writben
prooedures, or safety pnecaubions and programs related to agreement between the
work perfiormed by contractors, subcontrae�ors, or anyone parties.
else associated wifh Project
7. Use of Documents. OCI r�etains ownership to all
documents and work product under this Agraement, and
Clierrt may only use such documents and work product in
connection with the Projed.
8. Professianal SfandaNs. OCl shall perfam
Senrioes according to tl�e standard of care ordinarily
exercised under similar oondiGons by similarly qualified
Std.Contract