Loading...
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. 2022 Interlocal Cooperation Agreement — Quad -City, BFHD Harmful Algal Bloom Laboratory Page 3 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