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Home My WebLink About2018-01-09 - Joint Stormwater Management - Interlocal Agreements GeneralReturn Document to: Tammy Stanger, City Clerk City of Wenatchee P.O. Box 519 Wenatchee, WA 98807-0519 Skip Moore, Auditor, Chelan County, WA. AFN # 2472261 Recorded 12:52 PM 01 /26/2018 INAGMT Page: 1 of 7 $80,00 CITY OF WENATCHEE The information contained in this boxed section is for recording purposes only in accordance with RCW 36.18 and RCW 65.04, and is not to be relied upon for any other purposes, and shall not affect the intent of or any warranty contained in the document itself. Document Title: Interlocal Cooperative Agreement Reference Number of Documents Released: N/A Reference Numbers of Related Documents: N/A Grantor: Douglas County, Chelan County, City of Wenatchee, and City of East Wenatchee Grantee: Douglas County, Chelan County, City of Wenatchee, and City of East Wenatchee Legal Description (Abbreviated): N/A Parcel Number(s): N/A INTERLOCAL AGREEMENT FOR DEVELOPMENT AND IMPLEMENTATION OF AN EFFECTIVENESS STUDY RELATED TO REGIONAL STORMWATER MANAGEMENT AND PERMIT COMPLIANCE This agreement ("Agreement") is made and entered among Douglas County, Chelan County, the City of Wenatchee ("Wenatchee") and the City of East Wenatchee ("East Wenatchee"), collectively the "Parties". WHEREAS, Chapter 39.34 RCW provides for the formation of interlocal agreements that enable local governments to effectively cooperate with each other to the benefit of loca► communities; WHEREAS, the Federal Clean Water Act, 33 U.S.C. § 1251 et seq. and the Phase II Stormwater Final Rule promulgated by the U.S. Environmental Protection Agency ("EPA") require the operators of certain small municipal separate stormwater sewer systems to obtain National Pollutant Discharge Elimination System ("NPDES") permit coverage; WHERAS, in Washington State, the EPA has delegated authority for the Federal Clean Water Act, including development and administration of the Phase II municipal stormwater management program, to the Washington State Department of Ecology ("Ecology"); WHEREAS, Douglas County, Chelan County, Wenatchee and East Wenatchee are covered under the Eastern Washington Phase II Municipal Stormwater Permit; WHEREAS, on August 1, 2012, Ecology issued the current Eastern Washington Phase II Municipal Stormwater Permit ("Permit"), Effective Date: August 1, 2014; Permit Expiration Date: July 31, 2019; WHEREAS, Douglas County, Chelan County, Wenatchee and East Wenatchee entered into a MEMORANDUM OF UNDERSTANDING FOR STORM WATER MANAGEMENT PLANNING in January 2004, Mobile Business Effectiveness Study Interlocal Agreement Version: 9/22/2017 Page 1 under which Douglas County, Chelan County, Wenatchee and East Wenatchee have developed and implemented a regional stormwater management program to comply with the Permit; WHEREAS, Section S8.13 of the Permit requires each city and county to collaborate with other permittees to select, propose, develop, and conduct Ecology -approved studies to assess, on a regional or sub - regional basis, effectiveness of permit -required stormwater management program activities and best management practices; WHEREAS, Section S5.6.1.a of the Permit requires all permittees to implement a public education and outreach program designed to achieve improvements in the target audience's understanding of the problem and what the Parties can do to solve it. One of the minimum requirements is that permittees shall provide information for businesses about preventing illicit discharges, including what constitutes illicit discharges, the impacts of illicit discharges, and promoting proper management and disposal of wastes; WHEREAS, the Parties developed, voted and submitted a final ranked list of stormwater management program effectiveness studies to comply with Section S8.13.2 and Section 58.13.3 of the Permit by June 30, 2016; WHEREAS, the proposed study titled "Mobile Contractor Illicit Discharge Education" (the "Study") was ranked fourth out of the fourteen proposed studies submitted to Ecology; and WHEREAS, the Parties wish to continue their cooperative approach for compliance with state and federal standards for stormwater management. NOW, THEREFORE, the Parties hereby agree as follows: 1. The Recitals above are incorporated and made part of this Agreement. 2. Wenatchee shall be the lead agency for the purposes of the Study 3. The Parties will work together to accomplish the study. a. The Parties will cooperatively select a consultant to conduct a survey of mobile contractors and provide a report of the survey results. b. The consultant will contract with Wenatchee for the accomplishment of study activities when approved by the Parties. c. The Parties will review and submit a final report to Ecology at the end of the study. 4. The Study shall be funded in equal shares by each of the Parties and each Party's contribution shall not exceed $6,250. 5. This Agreement does not create any separate legal or administrative entity, and the parties will not acquire nor dispose of real or personal property for use in this undertaking. Mobile Business Effectiveness Study Interlocal Agreement Version: 9/22/2017 Page 2 6. This Agreement is effective upon signature by all Parties and filling with the Chelan County Auditor. This Agreement shall remain in effect through the end of the Permit cycle unless terminated earlier pursuant to its terms. 7. Any Party may withdraw from the Agreement upon thirty (30) days' written notice to the other Parties. 8. This Agreement shall terminate upon the withdrawal of at least three (3) of the Parties, or by written agreement of all Parties. 9. The Parties' authorized representatives and contact persons for administration of this Agreement, communication, and service of all notice, except service of process are: Chelan County: Jason Detamore 316 Washington Street, Suite 402 Wenatchee, WA 98801 (509) 667-6415 Douglas County: Jennifer Lange, P.E. 140 19th Street NW, Suite A East Wenatchee, WA 98802 (509) 884-7173 City of East Wenatchee: Tom Wachholder 271 91h Street NE East Wenatchee, WA 98802 (509) 884-1829 City of Wenatchee: Jessica Shaw 1350 McKittrick Street, Suite A Wenatchee, WA 98801 (509) 888-3200 10. Each party shall maintain books, records, documents and other materials relevant to its performance under this Agreement. Each Party shall retain all such books, records, documents and other materials for the longest applicable retention period under federal and state law. The records shall be kept available for and subject to inspection, review and audit by either party or its designee, any agency funding a portion of the project or authorized auditing or oversight entity, and the Washington State Auditor's Office. Mobile Business Effectiveness Study Interlocal Agreement Version: 9/22/2017 Page 3 SIGNATURE PAGE 1 of 4 Adopted: J 6q, Zang CI T p)FIA ATCHEE i/r7 p�'/er7/I y, it l47ytl1 " 14 AlZ vas lz1 b 71 Date ATTEST: City Clerk I, Date J APP ED AS TO FO City Attorney I Date Mobile Business Effectiveness Study Interlocal Agreement Version: 9/22/2017 Page 4 SIGNATURE PAGE %Q/ 2of 4 /g11[ `�[ Adopted: (7 r,,,10NERS C 4dG Q S E& I O ATTEST:` Clerk of the Board 12- d/l;7 Date APP ,ROVED AS TO FORM: �%MA I Prosecuting Attorney I-L 172 t� Date DOUGLAS COUNTY BOARD OF MUNT) Chair Date ISSIONERS Mobile Business Effectiveness Study Interlocal Agreement Version: 9/22/2017 Page 5 SIGNATURE PAGE 3 of 4 Adopted: i' 1A��) e T ATTEST: hr. 66�� ammy Stanger, City Clerk Date AP VED AS T FORM: v Cit rney "/z-� /t,g Date CITY OF WENAT`CHHEEE ��, 1-�z �� Fra k K z, Mayor /Zi rf S Date Mobile Business Effectiveness Study Interlocal Agreement Version: 9/22/2017 Page 6 SIGNATURE PAGE 4 of 4 Adopted: /;2- -1 q- / 7 ttttttt/tittD/! C 0l 0%issia? •'�j�'� - SEAL z= F WAS'(' ��1IIlllii ATTEST: Oate. -� Carlye B is ty, er of the oard Date APP D AS TO FORM: Deputy Prose cut ng Attorney rr,2 -/3- 2a l Date CHELAN COUNTY BOARD OF COUNTY COMMISSIONERS Keith \V. GoeWef; Ch Doug Enjland,,,�6mmissio Kevin Overbay, Com ssioner 1211?,1Z 7 Date Mobile Business Effectiveness Study Interlocal Agreement Version: 9/22/2017 Page 7