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Home My WebLink AboutR-2024-161 Resolution authorizing an Interlocal Agreement with Yakima County for preparation of a Bacterial Sampling Quality Assurance Project Plan RESOLUTION NO. R-2024-161 A RESOLUTION authorizing an Interlocal Agreement between the City of Yakima and Yakima County for preparation of a Bacterial Sampling Quality Assurance Project Plan. WHEREAS, the City of Yakima (City) and Yakima County (County) are subject to the surface water sampling and analysis requirements of the Department of Ecology Eastern Washington Phase II Municipal Stormwater Permit (Permit); and WHEREAS, the Permit requires both the City and the County to sample selected water bodies in the Mid-Yakima River Basin six times per year for E. Coli bacteria as a component of the Mid-Yakima River Basin Bacteria Total Maximum Daily Load study; and WHEREAS, the Washington State Department of Ecology requires a Quality Assurance Project Plan (QAPP) be prepared and approved by Ecology prior to sampling to ensure consistency in sampling and analytical methods; and WHEREAS, the City and the County desire to hire Evergreen StormH2O to prepare a single QAPP for Ecology approval that will fulfill the requirements of both the City and the County and eliminate duplicate work and costs; and WHEREAS, the County agrees to share in the cost of the QAPP preparation by Evergreen StormH2O; and WHEREAS, the City Council finds that it is in the best interest of the City of Yakima and its residents to enter into an Interlocal Agreement with Yakima County to eliminate duplicate efforts in the preparation of the Quality Assurance Project Plan; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City of Yakima and Yakima County Interlocal Agency Agreement for preparing a Mid-Yakima River Basin Bacteria TMDL Quality Assurance Project Plan is hereby authorized, and the City Manager of the City of Yakima is directed to execute the attached Interlocal Agency Agreement between the City of Yakima and Yakima County. ADOPTED BY THE CITY COUNCIL this 3rd day of September, 2024. _......��y / /'f1 / )( 'f —`IAKim 1 ATTEST: 4 atricia Byers, yor lio * •SEAL': i 1 117 4 a. OLD ��SyING�G. Rosalinda Ibarra, City Clerk �``��—`' Docusign Envelope ID 70C391 61-02 1 8-4DF0-9AB2-991A82A7583B CITY OF YAKIMA AND YAKIMA COUNTY INTERLOCAL AGENCY AGREEMENT FOR PREPARING A MID-YAKIMA RIVER BASIN BACTERIA TMDL QUALITY ASSURANCE PROJECT PLAN (QAPP) #C24021-P THIS AGREEMENT is entered into between Yakima County, Washington (hereinafter referred to as the "County") through its Public Services Department, whose address is 128 North 2"d Street, 4th Floor Courthouse, Yakima, Washington 98901, and the City of Yakima (hereinafter referred to as the"City"), whose address is 129 North 2nd Street, Yakima, Washington 98901, pursuant to RCW 39.34.080. WHEREAS, the Washington State Department of Ecology has completed the Mid- Yakima River Basin Bacteria Total Maximum Daily Load Water Quality Improvement Report; and, WHEREAS, the Washington State Department of Ecology is recommending bi- monthly sampling and testing of samples from all outfalls into three sub-basins: Cowiche Creek, Moxee Drain and Wide Hollow Creek; and, WHEREAS, the Washington State Department of Ecology requires a QAPP be prepared and approved by Ecology prior to sampling to ensure consistency in sampling and analytical methods; and, WHEREAS, the CITY and the COUNTY desire to hire Evergreen StormH2O to prepare a QAPP for Ecology approval; and, WHEREAS, the CITY and the COUNTY desire to eliminate unnecessary duplicate work; and, WHEREAS, the COUNTY agrees to share in the cost of the QAPP preparation by Evergreen StormH2O; WHEREAS, the COUNTY will be using the Yakima Regional Wastewater Treatment Plant Laboratory to analyze Water Quality samples for compliance with the QAPP. NOW, THEREFORE, in consideration of the stated premise and in the interest of assisting the City in the above-mentioned areas, the parties hereto agree as follows: GENERAL A. The CITY took the lead in hiring Evergreen StormH2O and was their primary point of contact. The COUNTY was invited to all meetings and will be asked to review all work performed by Evergreen StormH2O. All work performed by Evergreen StormH2O has been identified in a separate Agreement between the City and Evergreen StormH2O. B This AGREEMENT may be increased or decreased in scope or character of work to be performed if such change becomes necessary, but any such change shall be accomplished by written supplement executed by all parties to said AGREEMENT. C24021-P— ILA Yakima River Basin Bacteria "FMD1. QAPP Docusign Envelope ID 70C391 61-02 1 8-4DF0-9AB2-991A82A7583B C. The parties agree on a satisfactory completion date for work performed by Evergreen StormH2O ("work completion date"), which shall be specified in the Scope of Work. I I WORK ASSIGNMENT/REQUEST A. Specific assignments for Evergreen StormH2O shall be made in the form of a separate Agreement between the CITY and Evergreen StormH2O. The COUNTY had the opportunity to review and provide input into the Scope of Work, budget and schedule for all services to be rendered by Evergreen StormH2O. B. The CITY shall make available to the COUNTY all information that has been compiled by or is available to the CITY concerning the project to be completed. C. The CITY and the COUNTY provided all requested information to Evergreen StormH2O in a timely manner so as not to delay the project. D. At the completion of the project, the CITY will ensure that the COUNTY receives all deliverables. E. The COUNTY will be using the Yakima Regional Wastewater Treatment Plant Laboratory to analyze Water Quality samples for compliance with the QAPP. III PAYMENT Evergreen StormH2O shall be paid by the CITY for completed work and for services rendered under a separate Agreement. Such payment shall be full compensation for work performed or services rendered and accepted by the CITY and for all labor, materials, supplies, and incidentals necessary to complete the work The COUNTY shall reimburse the CITY as provided hereinafter. The CITY acknowledges and agrees that only those costs actually allocable to the project shall be charged to the project. A. The COUNTY shall reimburse the CITY fifty percent (50%) of the total project cost B. Upon termination of this AGREEMENT as provided in Section VI, the CITY shall be paid by the COUNTY for services rendered to the effective date of termination at the rates agreed to in this Section. IV LEGAL RELATIONS A. INDEMNIFICATION: Each of the parties to this AGREEMENT shall protect, defend, indemnify and save harmless the other party from and against all liabilities, penalties, costs. losses, damage, expenses, causes of action, claims, demands, or judgments, including without limitation, reasonable attorney's fees, arising out of or related to the terms, covenants or conditions of this AGREEMENT and such parties' performance or failure to perform any aspect of this AGREEMENT; provided, however, that if the claims or suits are caused by or result from the concurrent negligence of (a) the CITY, its agents or employees, and (b) the COUNTY, its agents or employees, including those actions covered by RCW 4.24.115, the obligations shall be valid and enforceable only to the extent of the parties' negligence; and C24021-P - ILA Yakima River Basin Bacteria TMDL QAPP Docusign Envelope ID.70C391 61-021 8-4DF0-9AB2-991A82A7583B provided further, that nothing herein shall require either party to hold harmless or defend the other party from any claim arising from the sole negligence of the other party B. DISPUTE RESOLUTION: 1. The CITY and the COUNTY shall confer to resolve disputes that arise under this AGREEMENT as requested by any party 2 The following individuals are the Designated Representatives for the purpose of resolving disputes that arise under this agreement: Stormwater Manager, City of Yakima Environmental Services Director, Yakima County 3. In the event the Designated Representatives are unable to resolve the dispute, the following individuals shall confer and resolve the dispute. City Manager, City of Yakima County Commissioner, Yakima County The CITY and the COUNTY agree that they shall have no right to seek relief in a court of law until and unless the Dispute Resolution process has been exhausted. C. VENUE. In the event that any party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action or proceeding shall be brought in a court of competent jurisdiction situated in Yakima County, Washington. V NONDISCRIMINATION The COUNTY shall comply with Chapter 49.60 RCW and with Title VI of the Civil Rights Act of 1964, 42 USC -2000d et seq. VI COMMENCEMENT AND TERMINATION OF AGREEMENT The work is of a continuing nature and will be in force as of the date of this AGREEMENT The COUNTY may terminate this AGREEMENT at any time upon not less than sixty (60) days written notice to the CITY with or without cause. The COUNTY agrees to reimburse the CITY for its percentage of all direct and indirect costs incurred for work performed by Evergreen Storm H2O and accepted by the CITY up to the date of termination. VII INTERLOCAL AGREEMENT No separate legal or administrative entity is created by this AGREEMENT The COUNTY and the CITY are jointly responsible for administering the AGREEMENT. Both the COUNTY and the CITY shall post this AGREEMENT on its respective website or other electronically retrievable public source, or, in the alternative, file it with the Yakima County Auditor. C2402I-P — ILA Yakima River Basin Bacteria TMDL QAPP Docusign Envelope ID 70C39161-0218-4DF0-9AB2-991A82A7583B IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the date executed by all parties. CITY OF YAKIMA Vic i Baker, City M ger —kI (03 l/.:! Gl. AA/ L♦ I4_�' *•-. ?%I ATT T. Rosalinda Ibarra ,\\\ rw G1Q� City Clerk CITY CONTRACT NO- T 1-155 RESOLUTION NO aD Ala C24021-P ILA Yakima River Basin Bacteria TMDL QAPP Docusign Envelope ID 70C39 1 61-021 8-4DF0-9AB2-991A82A7583B BOARD OF YAKIMA COUNTY COMMISSIONERS AGREEMENT BOCC Agreement Agreement Number 28 6 - 2 � 2 ` County WA BOARD OF COUNTY COMMISSIONERS Amanda McKinney,Chair I4!" Kyle Curtis, Commissioner t& UtA,64, LaDon Linde, Commissioner VAKu1A C ti vms"�G'4 �9C,r<4 r~ t 5 :n DATED: JUL 3 0 2024 '='.. i o •yf by l03s.. Attest: Julie Lawrence,Clerk of the Board or Erin Franklin, Deputy Clerk of the Board Approved as to Form: Depu Prosecuti g Atto ey C24021-P— ILA Yakima River Basin Bacteria TMDL QAPP • ,/ 'ems BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.F. For Meeting of: September 3, 2024 ITEM TITLE: Resolution authorizing an Interlocal Agreement with Yakima County for preparation of a Bacterial Sampling Quality Assurance Project Plan SUBMITTED BY: Scott Schafer, Director of Public Works * Mike Price, Wastewater/Stormwater Manager SUMMARY EXPLANATION: The City of Yakima (City) and Yakima County operate stormwater programs under the Department of Ecology Eastern Washington Phase II Municipal Stormwater Permit. The Permit requires both the City and Yakima County to sample selected water bodies in the Mid-Yakima River basin six times per year for E. Coli bacterial as a component of the Mid-Yakima River Basin Bacterial Total Maximum Daily Load study. The sampling and testing must be done in accordance with an Ecology-approved Quality Assurance Project Plan (QAPP) to ensure consistency in sampling and analytical methods. The City previously hired a consultant to prepare a QAPP for the City. The City and Yakima County recognize that collaboration on a single QAPP will meet Ecology's requirements for both the City and Yakima County and eliminate duplicate work and costs to the benefit of City and Yakima County residents. The attached Interlocal Agreement allows Yakima County to compensate the City for 50% of the costs incurred from the consultant in preparation of the QAPP. ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution ILA Quality Assurance Project Plan.docx Inter-Local Agreement.pdf 31