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HomeMy WebLinkAboutR-1996-148 Wellhead Protection ProgramRESOLUTION NO. R-96 - 148 A RESOLUTION Consideration of a Resolution Authorizing the City Manager and City Clerk to Execute an "Interlocal Agreement for Regional Wellhead Protection Program" with Yakima County and Other Purveyors of Water. WHEREAS, the City of Yakima because of the need to identify potential contamination sources that could impact it's ground water supply, and, WHEREAS, the State of Washington Legislature has provided for the formation of interlocal agreements, as established in Chapter 39.34, RCW; and, WHEREAS, the Washington State Department of Ecology (DOE) has offered a Centennial Clean Water Fund grant to finance 75 percent of the cost of preparing a regional Wellhead Protection Plan; and WHEREAS, the County, Moxee, Naches, Selah, Tieton, Yakima, and Union Gap are individually and collectively concerned with responsible wellhead protection in their communities, and in particular fulfilling Wellhead Protection Requirements by the Washington State Department of Health (DOH); and, WHEREAS, the County has been requested by these six water purveyors in Yakima County to act on their behalf to administer the grant being offered by the Department of Ecology; WHEREAS, the City deems it to be in the interest of the City of Yakima to enter into the attached agreement with Yakima County and the other named purveyors now, therefore, BE IT RESOLVED BY THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute the attached and incorporated "Interlocal Agreement". ADOPTED BY THE CITY COUNCIL, this 19th day of November , 1996. ATTEST: CITY CLERK Lynn Buchanan, Mayor INTERLOCAL AGREEMENT This agreement is made and entered into between Yakima County, hereinafter referred to as the COUNTY, and the following jurisdictions: the City of Moxee, the Town of Naches, the City of Selah, the Town of Tieton, the City of Yakima, and the City of Union Gap. The purpose of the agreement is to establish responsibilities for preparing a regional Wellhead Protection Plan for the water purveyors in the Upper Yakima Valley. WHEREAS, the Washington State Legislature has provided for the formation of interlocal agreements, as established in Chapter 39.34, RCW; and, WHEREAS, Section 1428 of the 1986 Amendments to the federal Safe Drinking Water Act mandates that every state develop a wellhead protection program, and that the state Drinking Water Act requires that all Group A water systems using ground water as their source implement a Wellhead Protection Program; and, WHEREAS, the Washington State Department of Ecology (DOE) has offered a Centennial Clean Water Fund grant to finance 75 percent of the cost of preparing a regional Wellhead Protection Plan; and, WHEREAS, the County, Moxee, Naches, Selah, Tieton, Yakima, and Union Gap are individually and collectively concerned with responsible wellhead protection in their communities, and in particular fulfilling Wellhead Protection requirements by the Washington State Department of Health (DOH); and, WHEREAS, the County has been requested by these six water purveyors in Yakima County to act on their behalf to administer the grant being offered by the Department of Ecology; NOW, THEREFORE, in consideration of the mutual benefits to be derived from this agreement, the County and the six water purveyors, the undersigned entities, agree as follows: 1. DEFINITIONS A. "Regional Wellhead Protection Committee (RWPC)" means the committee consisting of one member from the County and one member from each of the six water purveyors selected to represent their jurisdiction during the development of the plan. B. "Upper Yakima Valley" means that part of the Yakima Valley lying north of Ahtanum Ridge and the Rattlesnake Hills. C. "Participants" mean Yakima County, the City of Moxee, the Town of Naches, the City of Selah, the Town of Tieton, the City of Yakima, and the City of Union Gap. Page 1 2. RESPONSIBILITIES A. Each jurisdiction shall support the County as lead agency, and coordinator for the plan development process, by authorization of the legislative body to enter into this agreement. B. Each jurisdiction agrees to provide a proportional share of the local match required for the State grant as defined in Article 3.B. C. Each jurisdiction shall designate, in writing, an RWPC member to represent their jurisdiction throughout the development of the Plan. D. The County will execute and administer a grant agreement with DOE, in accordance with DOE's rules and procedures. E. Upon grant execution, the County will coordinate state, local and consultant participation toward the preparation of the regional Wellhead Protection Plan. F. The RWPC will select a qualified consultant to do specified functions within the context of the Wellhead Protection Plan. Prospective consultants will be solicited through a request for proposal (RFP) process. The RFP will be prepared and the consultant selected at the direction of the RWPC. G. The County, as the lead agency, will enter into a contract with the consultant selected by the RWPC. H. The County will schedule all meetings necessary for plan development, prepare agendas and packets, disperse grant funds, prepare grantee reports, as well as other administrative duties, as required, to fulfill grant obligations. I. Each jurisdiction shall attend and actively participate at RWPC meetings. J. Each jurisdiction will cooperate with the RWPC by providing information and plan element review and comment in a timely fashion. K. Each RWPC member shall keep their legislative body informed of RWPC activities and progress. 3. LOCAL MATCH Each participant understands that the state grant will fund 75 percent of the project and that the remaining 25 percent must be funded by a local match from the participants. A. The estimated project cost is $150,000, and the estimated local match is $37,000. No more than half of the local match shall be matched in-kind. The remaining half shall consist of cash payments, salaries, wages and benefits paid by the participants for Page 2 work done on the project. B. Each participant's share of the local match shall be calculated using the following formula: 1. One-half of the local match will be divided evenly among the seven participants. This portion of the match provides for the development of the management plan, grant administration, and other equally shared project costs. 2. One-half of the local match will be prorated for each participant based on the total area within the ten-year Calculated Fixed Radius time of travel boundaries for all its wells. This portion of the match provides for delineating wellhead protection boundaries, inventorying contaminant sources, and developing site-specific wellhead protection strategies and activities that vary according to the size and number of wells in each jurisdiction. The amount for this portion will be determined by the County prior to executing a grant contract with DOE. 4. LIMITATIONS OF COUNTY ADMINISTRATION From the time of termination of this agreement, the implementation, administration, and amendment of each jurisdiction's portion of the plan shall be the responsibility of that jurisdiction. 5. TERMINATION Any jurisdiction may terminate its obligation herein by providing written notice to the County prior to the date a contract is executed with the DOE, for plan preparation. For purposes of this agreement, such notice shall be physically received by the County prior to the date of contract execution. 6. EFFECTIVE DATE AND DURATION OF AGREEMENT This agreement shall be effective upon the date a contract is executed between the County and the DOE, to coordinate the preparation of the Wellhead Protection Plan. This agreement shall be in effect until all contractual obligations covered by this agreement have been fulfilled or when the grant contract with DOE has been terminated, whichever is earlier. In Witness Whereof, this agreement is hereby executed, on behalf of their respective jurisdictions, by the below signed individuals, who are so authorized to encumber their jurisdictions. Page 3 City xee irANIVIO ArentiPj �i olm Mayor David Page 4 Town oLNaches May oug acNeil Page 5 /0-/7-�� Date City of Selah Mayor Robert L. Jones Page 6 Date Town of Tieton ayor James Parsley Page 7 City of Yakima By: Attest: R.A. Zais, Jr., City Manager City Clerk CITY CONTRACT NO: RESOLUTION NO: - /C3 Page 8 Date INTERLOCAL AGREEMENT - Regional Wellhead Protection Program DATED this 28th day of October, 1996. City of Union Gap ),,,,-,— ( - 10.P'-\__ Dan C. Olson Mayor Page 9 Yakimand of Commissioners William H. Flower, Chairman Betti Ingham, Commissi ames M. Lewis, N r i .'oner Approved as to Fouii Attest: Sylvia E. Hinojosa • Clf the Board Page 10 Date d0? -//-97 Date .4a -o1-9 7 Date ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. q For Meeting of November 19. 1996 Consideration of a Resolution Authorizing the City Manager and City Clerk to Execute an "Interlocal Agreement for Regional Wellhead Protection Program" with Yakima County and Other Purveyors of Water. SUBMITTED BY: Dueane Calvin, Water/Irrigation Manger CONTACT PERSON/TELEPHONE: Dueane Calvin 576-6480 SUMMARY EXPLANATION: Section 1428 of the 1986 Amendments to the Federal Safe Drinking Water Act mandates that every state develop a wellhead protection program, and that the state Drinking Water Act requires all Group A water systems using ground water as their source implement a Wellhead Protection Program. The attached agreement will enable the City of Yakima, the City of Moxee, the Town of Naches, The City of Selah, the Town of Tieton, the City of Union Gap and Yakima County to participate in the development of a regional Wellhead Protection Program. 75% of the funding for the program development will come from a Centennial Clean Water Fund Grant being offered by the State Department of Ecology. The estimated project cost is $150,000. The cost of such a program would have to be born by each individual purveyor if the effort to comply with the mandate was undertaken independently. Under this proposed program the "local" match is $37,000, with no more than half being in-kind. The formula to be utilized to determine each participants share of the local match is set forth on page three of the attached Agreement. The funding for the City portion of the local share was include in the C.I.P. budget for 1997, and no expenditure of funds relating the program will take place until after January 1, 1997. Resolution X Ordinance Contract Other (specify) Interlocal Agreement Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt the Resolution COUNCIL ACTION: Resolution adopted. Resolution No. R-96-148