No preview available
HomeMy WebLinkAboutR-2016-096 WWTP Extended Agreement with Environmental Protection Agency for Floodplain Restoration, Riparian Outfall and Gap to GapA RESOLUTION RESOLUTION NO. R-2016-096 authorizing the City Manager to extend an existing Agreement with the Environmental Protection Agency (EPA) to continue research related to the City of Yakima Wastewater Treatment Plant's Floodplain Restoration and Riparian Outfall project and the Gap to Gap Flood Hazard Reduction project. WHEREAS, the City of Yakima (City) owns and operates wastewater collection and treatment facilities in accord with applicable Federal, State and Local regulations; and WHEREAS, the City's Wastewater Treatment Plant (WWTP) discharges its outfall to the Gap to Gap Reach of the Yakima River; and WHEREAS, the City is completing floodplain restoration projects as part of its Riparian outfall project to remain in compliance with its wastewater discharge permit with the Department of Ecology in response to Yakima County's Gap to Gap Flood Hazard Reduction project; and WHEREAS, restored floodplains in the Gap to Gap Reach are anticipated to provide many benefits including water quality improvements, economic development opportunity and salmon habitat enhancements, and WHEREAS, pursuant to R-2013-109 the City entered into an agreement with the EPA Office of Research and Development allowing the EPA research team to gather information through August 25, 2016 that may result in cost savings for future environmental compliance through investment in ecosystem services, and WHEREAS, the City Council finds that it is of mutual benefit to and in the best interests of both the EPA and the residents of Yakima and the surrounding region to extend the agreement and allow EPA to research through August 25, 2019, now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to amend the Memorandum of Understanding with the Environmental Protection Agency, attached hereto and incorporated herein by this reference, to allow continued research related to the City's Floodplain Restoration and Riparian Outfall project. ADOPTED BY THE CITY COUNCIL this 2n• day of ugust, 2016 ATTEST I AA,An Sonya Claar Tee, City Cle`r AMENDMENT NO. 1 TO MEMORANDUM OF UNDERSTANDING ON YAKIMA FLOODPLAIN RESTORATION TO SUPPORT ECOSYSTEM MARKETS BETWEEN THE U.S. ENVIRONMENTAL PROTECTION AGENCY AND THE CITY OF YAKIMA, WA The purpose of Amendment No. 1 to the Memorandum of Understanding for the Yakima Floodplain Restoration to Support Ecosystem Markets between the U.S. Environmental Protection Agency and the City of Yakima, WA is to extend the period of performance for a period of three (3) additional years through August 25, 2019. The following provision is amended accordingly: IX. EFFECTIVE DATE/MODIFICATION/DURATION/TERMINATION "This MOU is to take effect upon the signature of both parties and is intended to remain in effect for an initial period of three (3) years from August 26, 2013 -August 25, 2016; with a three (3) year extension through August 25, 2019. This MOU may be modified or extended at any time by the mutual written consent of the participants. The parties intend to review this MOU at least once every year to determine whether it should be revised, renewed, or terminated. This MOU may be discontinued by either participant at any time. A participant will notify the other participant in writing at least ninety (90) days in advance of such discontinuation date." X. APPROVAL Cynthia Sonich-Mullin Director, National Risk Management Research Laboratory U.S. Environmental Protection Agency (SioAture) a:laolto Date ' I CITY CONTRACT Mk RESOI !_'TION NO. '-. i/ %- ()C/O Cliff Moore City Manager The City of Yakima Washington State (Signature) Date ( 3//i 3013-1 wl owe ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 6.A. For Meeting of: August 2, 2016 Resolution authorizing extension of the EPA floodplain research at the Yakima Wastewater Treatment Plant Scott Schafer, Director of Public Works Mike Price, Wastewater/Stormwater Manager, 249-6815 SUMMARY EXPLANATION: The City of Yakima (City) Wastewater Division desires to extend its Memorandum of Understanding (MOU) with the Environmental Protection Agency (EPA) to continue cooperation and coordination in identifying and quantifying ecosystem service benefits associated with the City's floodplain restoration project. The City has completed its riparian outfall for the discharge of treated effluent to the Yakima River in response to Yakima County Flood District's Gap to Gap Levee Setback project. The riparian outfall includes diversion structures that allow the effluent to discharge into two natural channels before draining into the Yakima River; creating a riparian restoration area. The benefits of removing river levees and restoring reclaimed floodplains include a variety of ecosystem services like flood control, excess nutrient attenuation, water temperature pollution mitigation, and enhancement of critical salmonid habitat. This presents a unique opportunity to study the impact of levee setback floodplain restoration on ecosystem services. There is no cost associated with the MOU extension. Its intent is to benefit both agencies in developing a better scientific understanding of the ecological functions and ecosystem services being provided by the Yakima River and to facilitate future restoration activities (See attached Memorandum of Understanding and Amendment to Extend). ITEM BUDGETED: NA STRATEGIC PRIORITY: Partnership Development APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt resolution. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date D Rosa11Aon o F.xerd F.PA Research 7/13/2016 D Arnendmoril ka, F3xerd F.JPA Research MU 7/11/2016 D 2013 n IPA Research M(X) 7/11/2016 Type Resollutlion Contract 1Backup Maternal I. PURPOSE Memorandum of Understanding Between USEPA and the City of Yakima. WA MEMORANDUM OF UNDERSTANDING ON YAKIMA FLOODPLAIN RESTORATION. TO SUPPORT ECOSYSTEM MARKETS BETWEEN THE U.S. ENVIRONMENTAL PROTECTION AGENCY AND THE CITY OF YAKIMA, WA The purpose of this MOU is to facilitate cooperation and coordination between the U.S. Environmental Protection Agency's (USEPA) Office of Research and Development, National Risk Management Research Laboratory, Ground Water and Ecosystem Restoration Division (EPA-NRMRL/GWERD), and the City of Yakima for the purposes of identifying and quantifying ecosystem service benefits associated with Yakima floodplain restoration. and developing the scientific basis upon which future economic incentives for these services could be applied. II. BACKGROUND The Yakima River faces many challenges including flow modifications. channelization, development, and pollutant loading. Soil conservation efforts in the past decade have successfully reduced suspended sediment and organo -chlorine pesticide loading below human health fish advisory levels. Historically, flood,events were a regular occurrence that led to the early installation of large protective levees near the Yakima River channel; however these levees regularly fail to protect completely in Targe events. leading to flood damage costs. River floodplain disconnection has contributed to salmon spawning and rearing habitat loss. A local consortium, lead by the Yakima County Flood Control District has received funding to set levees back from their current position and re-establish floodplain. The benefits of removing river levees and restoring reclaimed floodplains include a variety of ecosystem services like flood control, excess nutrient attenuation, water temperature pollution mitigation, and enhancement of critical salmonid habitat. This presents a unique opportunity to study the impact of levee setback floodplain restoration on ecosystem services. Ecosystem services are often undervalued or ignored which can lead to poor future outcomes when these essential services are not appropriately considered in environmental decision-making. Our overall goal is to conduct research that will demonstrate how multiple, key ecosystem services can be quantified and related to one another, or bundled, so that interactions among ecosystems services can be quantified. This collaboration is intended to benefit both partners in developing a much better scientific understanding of the ecological functions and ecosystem services being currently provided by the Yakima River and to facilitate future restoration activities. Page 1 of 5 Memorandum of Understanding Between USEPA and the City of Yakima, WA III. AUTHORITIES USEPA enters into this MOU pursuant to section 104 of the Clean Water Act, 33 U.S.C, 1254. IV: ROLES AND.IRESPONSIBILJTIES The USEPA intends to conduct ecological research on the Yakima River floodplain for the next two field seasons beginning in January 2013, EPA staff intends to gather baseline data and evaluate extant data that might be available, collect. data .from instrumented above and below ground sensors, evaluate results, of riparian vegetation and soil inventories. and interpret fine-grained information from remote sensing. Data collection may involve installation of monitoring wells, sensors and data loggers, routine field visits to download data, service equipments and sample collections. This work expects to be directed at evaluating what indicators or metrics are most appropriate to be used in characterizing and quantifying ecosystem services in large river floodp]ains. All information, documents and presentations relating to the Yakima River works isintended to be made available to the City of Yakima soon after passing Quality Assuraricc review by EPA. Permission tbr all operations and access. should be requested in advance from the City of Yakima, two-way communications should be •maintained at all times; and all rules and policies by the City of Yakima should be carefully followed. The City of Yakima staff intends to work with the USEPA scientists to coordinate research in such a way as to nuriiniize any negative impact that USEPA activities might have on other users oractivities in the Yakima River floodplain. The City of Yakima staff intends to work with EPA science leads to plan research activities, suggest viable. alternatives that tnight he considered, identity the best means of access to possible sites and identify archived information that might be informative regarding the history or current condition or characteristics of possible sites for intensive scientific investigation. The City of Yakima intends to contact EPA in a. timely manner should it come to their attention that natural or man-made situations could:impact the research activities. The City of Yakima and EPA staffs resolve to work on the efforts under this MOU with a strong sense of responsibility. cooperation, and respect. The City of Yakima and USEPA staffs intend to collaborate in developing education and outreach information (i.e. charts; posters, presentation, public meetings) from .the combined research as part of their normal outreach and communication .for a variety of intended audiences. The combined research Collaboration. is intended. to lead to an unproved understanding ofthe ecosystem services and restoration in general with examples that are relevant to the current and planned Yakima River floodplain restoration activities. Page 2 of 5 Memorandum of Understanding Between USEPA and the City of Yakima, WA V. LIMITATIONS A. All commitments under the MOU are subject to the availability of appropriated funds and each party's budget priorities; Nothing in this MOU, in and of itself, calls on the City of Yakima or USEPA to expend appropriations or to enter into any contract,: assistance agreement, interagency agreement, or other financial obligation. This MOU does not exempt the City of Yakima from USEPA policies governing competition for assistance agreements or contracts. The City of Yakima concurs with USEPA that it is not to submit a claim for compensation from USEP-A or any other federal agency for activities it undertakes in carrying out this MOU: B: This MOU is neither a fiscal nor a funds obligation document. Any endeavor involving reimbursement or contribution of funds between the participants to this MOU is to be handled in accordance with applicable laws, regulations, and procedures, and be subject to separate subsidiary arrangements to be effected in writing by representatives .of both participants. C. This MOU does not create any right or benefit, substantive or procedural, enforceable by law or equity, including by persons who are not participants to this arrangement, against the City of Yakima or USEPA, their officers or employees or any other persons. This MOU does not direct or apply to any person outside the City of Yakima or USEPA. D. The City of Yakima .may make factual statements to the public Which describe :its cooperation With USEPA. However, nothing in this MOU allows EPA to endorse the purchase or sale of City of Yakima products or. services. The City of Yakima agrees not to make statement to the public in news releases, product brochures, on websites or in any media that imply EPA endorsement of City of Y.akima.products or services. E. Neither' EPA nor the City of Yakima is assuming any liability for the actions or omissions of the other party under this MOU; each party shall bear its own risk and shall not state claims of liability against -the other VI. PROPRIETARY INFORMATION To carry out the joint work resulting from this MOU, the City of Yakima may need to disclose proprietary information to USEPA. For the purpose of this MOU, proprietary information is defined as informationthat an affected business claims to be confidential and is not otherwise available to the public. The City of Yakima should clearly identify as such confidential information disclosed to USEPA in writing and toclearly memorialize in writing, within a reasonable time,. any confidential information initially disclosed Page 3 of 5 Memorandum of Understanding Between USEPA and the City of Yakima, WA orally. USEPA agrees not to disclose, copy, reproduce or otherwise make.available in any form whatsoever to any other person, firm, corporation, partnership, association or other entity information designated as proprietary or confidential information without consent Of the City of Yakima except as ,such information may be subject to disclosure under the Freedom of Information Act (5 U.S.C. § 552), and USEPA's regulations -at 40 C.F:R. Part 2, or as otherwise required by law. VII. INTELLECTUAL PROPERTY USEPA and the City of Yakima concur that any copyrightable subject matter, including but notlimited to journal articles, training, educational. or informational material, or software, created jointly by the parties, from the activities conducted under the MOU.may be copyrighted by the City of Yakima. The City of Yakima hereby grants to the United States government a royalty -free; nonexclusive, irrevocable World-wide right to reproduce, distribute, make derivative works, and publish or perform the work(s) publicly, or to authorize others to do the same on its behalf. The participants intend that any patented invention created by the City of Yakima pursuant to the terms of this MOU shall be jointly owned by the parties regardless of inventorship, unless an alternative agreement indicates otherwise. VIII. POINTS OF CONTACT The following individuals are designated points of contact for the MOU; U.S. Environmental Protection Agency (EPA-NRMRL): Kenneth J. Forshay, 919 Kerr Research Drive, Ada, OK 74820, phone 580-436-8912, email': forshay. kens :epa: gov. The City of Yakima: Ryan Anderson, Wastewater Division, 2220 E Viola Avenue, Yakima WA 98902 phone.(509)249-6813 email: r ansanders n a vakiniaw'a.2(1\ IX. EFFECTIVE DATE/MODIFICATION/DURATION/TERMINATION This MOU is to take effect upon the signature of both parties and is intended to remain in effect for a period of three (3) years. This MOU may be.modified or extended at any time by the mutual written consent of the participants. The parties intend to -review this MOU at least once every year to determine whether it should be revised, renewed, or terminated. This MOU may be discontinued by either participant at any time. A :participant will notify the other participant in writing at least ninety (90) days in advance of such discontinuation date: Page 4 of 5 Memorandum of Understanding Between USEPA,and the City of Yakima, WA X. APPROVAL Cynthia Sonich-Mu11'in Tony O'Rourke Director, National Risk Management City Manager Research Laboratory The City of Yakini LLS. Environmental Protection ,.Age rcy Washington State Date Date CITY CONTRACT NO: RESOLUTION NO: Page 5 of 5 AMENDMENT NO. 2 TO <,8.4 • MEMORANDUM OF UNDERSTANDING "j1).! ON YAKIMA FLOODPLAIN RESTORATION TO �•V.• SUPPORT ECOSYSTEM MARKETS BETWEEN THE ''°"°'`` U.S. ENVIRONMENTAL PROTECTION AGENCY AND THE CITY OF YAKIMA, WA The purpose of Amendment No. 2 to the Memorandum of Understanding for the Yakima Floodplain Restoration to Support Ecosystem Markets between the U.S. Environmental Protection Agency and the City of Yakima, WA is to extend the period of performance for a period of three (3) additional years through August 25, 2022. Amendment 1 extended the original MOU through August 25, 2019. The following provision is amended accordingly: IX. EFFECTIVE DATE/MODIFICATION/DURATION/TERMINATION "This MOU is to take effect upon the signature of both parties and is intended to remain in effect for an initial period of three (3) years from August 26, 2013-August 25, 2016; with a three (3) year extension through August 25, 2022. This MOU may be modified or extended at any time by the mutual written consent of the participants. The parties intend to review this MOU at least once every year to determine whether it should be revised, renewed, or terminated. This MOU may be discontinued by either participant at any time. A participant will notify the other participant in writing at least ninety(90)days in advance of such discontinuation date." X. APPROVAL Alice Gilliland, Ph.D. Eliff More °cyi+-WtCt 'n(1k-rl nc z Acting Lab Director, Ty.krtmCity Manager National Risk Management The City of Yakima Research Laboratory Washington State Office of Research and Development U.S. Environmental Protection Agency \--A14 A,12' (Signature) / (Sig ature) giSi I W4-1' aS1 ac(9 Date Date CITY CONTRACTNO:" CLmaftcI• RESOLUTION NO: _aqt.(