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HomeMy WebLinkAbout08/20/2013 05I Research Agreement with Environmental Protection Agency; WWTP Floodplain Restoration and Alternative OutfallVi BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No.' -�- For Meeting of: 8/20/2013 ITEM TITLE: Resolution authorizing an Agreement with the Environmental Protection Agency (EPA) to conduct research related to the City of Yakima Wastewater Treatment Plant's Floodplain Restoration and Alternative Outfall project and the Gap to Gap Flood Hazard Reduction project. SUBMITTED BY: Debbie Cook, Utilities & Engineering Director Scott Schafer, Wastewater Division Manager Ryan Anderson, Utility Engineer SUMMARY EXPLANATION: The City of Yakima (City) Wastewater Division desires to enter into a Memorandum of Understanding (MOU) with the Environmental Protection Agency (EPA) to facilitate cooperation and coordination in identifying and quantifying ecosystem service benefits associated with the City's floodplain restoration project. The City is currently developing the design of an alternative 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 alternative outfall will include a diversion structure that will allow the effluent to discharge into one or more 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. 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). Resolution: X Ordinance: Other (Specify): Contract: Start Date: Item Budgeted: Funding Source/Fiscal Impact: Contract Term: End Date: Amount: 0 There is no cost to the City. Strategic Priority: Improve the Built Environment Insurance Required? No Mail to: Kenneth J. Forshay, U.S. Environmental Protection Agency, 919 Kerr Research Dr., Ada. OK 74820 Phone: (580) 436-8912 APPROVED FOR 4 &F .Aow SUBMITTAL: 4=^T 0" City Manager RECOMMENDATION: Staff respectfully requests City Council approve the Resolution. ATTACHMENTS: Name: Description: 0 R-2013- EPA MOU.docx EPA resolution F-] epa mou.pdf EPA MOU RESOLUTION NO. R -2013- A RESOLUTION authorizing the City Manager to execute an Agreement with the Environmental Protection Agency (EPA) to conduct research related to the City of Yakima Wastewater Treatment Plant's Floodplain Restoration and Alternative 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 levies in the Gap to Gap Reach of the Yakima River are being set back in order to meet the objectives of the Yakima River Basin Water Enhancement Project and the Yakima County Flood Control Zone District; and WHEREAS, the City is completing floodplain restoration projects as part of its new outfall alternative 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, the EPA Office of Research and Development is a non - regulatory branch of the EPA that is investigating the benefits of our Alternative Outfall project to water quality; and WHEREAS, the EPA research team is gathering information that may result in cost savings for future environmental compliance through investment in ecosystem services, and WHEREAS, the EPA has been awarded a grant to fund the research at no cost to the City; now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to enter into a Memorandum of Understanding (MOU) 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 Alternative Outfall projects. ADOPTED BY THE CITY COUNCIL this 20th day of August, 2013. ATTEST: Sonya Claar Tee, City Clerk Micah Cawley, Mayor Memorandum of Understanding Between US PA and the City of Yakima, WA MUDEEM II. BACKGROUND 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 large events. leading to flood damage costs. Memorandurri of Understanding Between USEPA and the City of Yakima, WA 111. AUTHORITIES 0 V. LIMITATIONS 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, 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 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. VIL INTELLECTUAL PROPERTY USEPA and the City of Yakima concur that any copyrightable subject matter, including but not limited to journal articles, training, educational. or ifflonriational material. or software, created jointly by the parties from the activities conducted under the MOO 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 >inventon created by the City of Yakima pursuant to the terms of this MOO shall be jointly owned by the parties regardless of inventorship, unless an alternative agreement indicates otherwise. VIII. POINTS OF CONTACT wz� X. APPROVAL M a • � y Tony O'Rourke City Manager The City of Yakima Washington State (Signature) Date