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HomeMy WebLinkAbout2006-04-14 - Joint Stormwater Management - Interlocal Agreements GeneralCaMRIu�gONERS (DAwm�u�uuix��u�� Return Document to: Douglas County TLS Document Title: Interlocal Cooperative Agreement Reference Number(s) of Related documents: N/A Grantor: Douglas County, Chelan County, City of East Wenatchee, and City of Wenatchee Grantee: Douglas County, Chelan County, City of East Wenatchee, and City of Wenatchee Legal Description: N/A Parcel Number(s): N/A 3096976 Page: 1 of 11 04/24/2006 09:27 Douglas County INTERLOCAL COOPERATIVE AGREEMENT AMONG DOUGLAS COUNTY AND CHELAN COUNTY, THE CITY OF EAST WENATCHEE AND THE CITY OF WENATCHEE FOR DEVELOPMENT AND IMPLEMENTATION OF PROJECTS RELATED TO REGIONAL STORMWATER MANAGEMENT AND PLANNING This Agreement is made by and among Douglas County, Washington, a political subdivision of the State of Washington, Chelan County, Washington, a political subdivision of the State of Washington, the City of East Wenatchee, a Washington municipal corporation, and the City of Wenatchee, a Washington municipal corporation, collectively known as the "Parties". WHEREAS, Douglas County and Chelan County are political subdivisions organized and existing under the Washington State Constitution and the laws of the State of Washington, and particularly those set forth at RCW Title 36; WHEREAS, the City of East Wenatchee and City of Wenatchee are municipal corporations duly organized and existing under the laws of the State of Washington, and particularly those set forth at RCW Title 35A; WHEREAS, the Counties and Cities are adjacent jurisdictions and share the shorelines of the Columbia River and each have the authority to plan, develop, manage and fund stormwater mitigation improvements; WHEREAS, the Counties and Cities have entered into Interlocal Cooperative Agreements for joint planning, development, management and funding of stormwater programs; WHEREAS, the Parties enter into this interlocal cooperation agreement under the authority of RCW Chapter 39.34 to provide for the joint and/or cooperative exercise of their powers, privileges and authorities to jointly plan, develop, manage and fund stormwater mitigation improvements; WHEREAS, the Federal Clean Water Act, 33 U.S.C. § 1251 et seq. and the Phase 11 Stormwater Final Rule promulgated by the U.S. Environmental Protection Agency ("EPA") require the operators of certain small municipal separate stormwater sewage systems ("MS4") to obtain National Pollutant Discharge Elimination System ("NPDES") permit coverage; INTERLOCAL AGREEMENT —NPDES Mgmt & Planning (040406) Page 1 ,1i1K 1 �--v °AGE 7 7 3096976 J Page: 2 of 11 f II 04/24/2006 09:27 �I �II II� III II COMMISSIONERS (DAYNA AGR 0,00 Douglas County WHEREAS, 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, Ecology expects to issue the final NPDES Phase II Stormwater Permit for Eastern Washington ("Phase II Stormwater Permit") in September 2006; WHEREAS, Ecology has determined Douglas County, Chelan County, Wenatchee and East Wenatchee must apply for coverage under the Phase II Stormwater Permit; WHEREAS, Douglas County, Chelan County, Wenatchee and East Wenatchee applied to Ecology for coverage under the Phase II Stormwater Permit on March 10, 2003, WHEREAS, Douglas County, Chelan County, Wenatchee and East Wenatchee entered into a MEMORANDUM OF UNDERSTANDING FOR STORM WATER MANAGEMENT PLANNING in January 2004, under which Douglas County, Chelan County, Wenatchee and East Wenatchee have been participating in the public process related to development and issuance of the Phase II NPDES Stormwater Permit; WHEREAS, the Phase 11 Stormwater Permit requires municipalities subject to its terms to have a stormwater management program that contains the following minimum elements: public education and outreach, public involvement and participation, illicit discharge detection and elimination, construction site stormwater control, post - construction stormwater management, pollution prevention and good housekeeping for municipal operations, Total Maximum Daily Loads ("TMDLs") requirements, and program compliance evaluation; WHEREAS, Ecology has established the Fiscal Year 2006 Phase 11 Municipal Stormwater Grants Program ("Stormwater Grants Program") to provide funds to help local communities meet the Phase li Stormwater requirements; WHEREAS, under the Stormwater Grants Program, Ecology will fund selected municipalities' eligible stormwater projects, including projects related to public education, information and communication; review of existing and model stormwater programs; establishing and refining stormwater utilities; conducting stormwater inventories; mapping stormwater sources; source control activities; development and adoption of stormwater ordinances and completing detailed stormwater plans; WHEREAS, under the Stormwater Grants Program, there are special partnership set -aside grant provisions under which Ecology may make a special grant to a group of municipalities who enter into a partnership through an interlocal agreement ("Special Partnership Grant"); and INTERLOCAL AGREEMENT—NPDES Mgmt & Planning (040406) Page 2 j I I 3096976 ++ I{ Page: 3 of 11 11111 Nil III27 Hill 1111 04/24/2006 COMMISSIONERS (DAYNA AGR 0.00 Douglas County WHEREAS, the Parties wish to continue their cooperative approach to complying with state and federal standards for handling stormwater by securing a Special Partnership Grant for their regional stormwater projects. NOW, THEREFORE, in consideration of the premises and promises, terms and conditions set forth below, it is hereby agreed as follows: ARTICLE I PURPOSE 1.01 The purpose of this Agreement is to establish the Parties' responsibilities for the development and implementation of regional stormwater management planning projects that receive funding under a Special Partnership Grant (The "Projects"). 1.02 This Agreement is limited to the above purposes and does not apply to any other power, privilege or authority that may be exercised by the Parties. ARTICLE II DUTIES OF THE PARTIES 2.01 Douglas County shall be the lead agency for the purposes of applying for, receiving and disbursing the Special Partnership Grant. 2.02 The Parties will cooperate with each other and Ecology to negotiate the terms of the financial assistance agreement required by the Stormwater Grants Program. Douglas County will execute and administer the financial assistance agreement with Ecology when approved by the Parties. 2.03 The Projects shall be funded by the Special Partnership Grant only. Each Party shall otherwise bear its own costs in carrying out this Agreement. ARTICLE III ADMINISTRATION entity. 3.01 This Agreement does not create any separate legal or administrative 3.02 Douglas County through the Transportation and Land Services (TLS) Administrator shall, as lead agency, have the full power and authority to administer the Special Partnership Grant. 3.03 Douglas County will execute and administer the financial assistance agreement with Ecology when approved by the Parties. iNTERLOCAL AGREEMENT —NPDES Mgmt & Planning (040406) Page 3 3096976 �I Page: 4 of 11 II II I II� f 04/24/2006 09:27 ��f IIIII 1 IIII COMMISSIONERS (DAYNA AGR 0.00 Douglas county 3.04 The Parties hereby form and establish the Wenatchee Valley Stormwater Technical Advisory Committee (WVSTAC) to administer day-to-day operations associated with performance under the provisions of the Grant Agreement and this Interlocal Agreement. Each Party shall provide at least one staff person for the Committee. ARTICLE IV FINANCING AND ACCOUNTING 4.01 Accounting. All budgeting, accounting and financial transactions shall be conducted through Douglas County. All accounting procedures shall be in accordance with applicable federal and state requirements, Generally Accepted Accounting Principles (GAAP), state law, and methods prescribed by the Washington State Budgeting, Accounting and Reporting System (BARS). 4.02 Costs. The total grant amount is $300,000 or $75,000 for each of the Parties. Funds will be utilized for three tasks. Task 1 — Project Administration /Management ($20,000), Task 2 — Analysis and Evaluation Project — Consultant and Recipient ($120,000) and Task 3 — DRAFT Stormwater Program Activities ($160,000). Unused funds from one task may be utilized for another task upon approval of the funding authority, the Department of Ecology. Bills shall be submitted and reviewed by the Parties for approval and allocation prior to payment. The Parties intend that the aforementioned work shall be performed for the equitable benefit of each Party. In other words, the work performed, using grant funds, will be of equitable benefit to each Party to this Agreement recognizing the additional administrative duties assigned to Douglas County. 4.03 Records. Each Party shall have access to all records and other related documentation of the other Party relating to the performance of this Agreement. ARTICLE V COMMENCEMENT AND TERMINATION OF AGREEMENT 5.01 Duration. This Agreement is effective upon signature by all the Parties and shall remain in effect through the first permit cycle unless terminated earlier pursuant to its terms. In order to fully accomplish and complete the purpose of this Agreement, this Agreement may be extended and/or renewed for such period(s) as may be agreed in a writing signed by the Parties. 5.02 Termination. Any Party may withdraw from the Agreement upon thirty (30) days' written notice to the other Parties. 5.03 Termination. This Agreement shall terminate if Ecology fails to make a Special Partnership Grant to the Parties and upon the withdrawal of a least three (3) of the Parties, or by mutual written agreement of all Parties. INTERLOCAL AGREEMENT —NPDES Mgmt & Planning (040406) Page 4 3096976 II Page: 5 of 11 IIIIIIIIIII 04/24/2006 09:27 IIIIIIII IIIIIIIIIIIII I IIIII ll IIIII COMMISSIONERS (DAYNA AGR 0.00 Douglas County ARTICLE VI PERFORMANCE OF AGREEMENT 6.01 Compliance with All Laws. The Parties shall comply with all federal, state and local laws, rules, regulations and ordinances applicable to the performance of this Agreement, including without limitation all those pertaining to wages and hours, confidentiality, disabilities and discrimination. 6.02 Maintenance and Audit of Records. The Parties shall maintain books, records, documents and other materials relevant to its performance under this Agreement which sufficiently and accurately reflect any and all direct and indirect costs and expenses incurred or paid in the course of performing this Agreement. These records shall be subject to inspection, review and audit by the Parties or their designees, the Washington State Auditor's Office, and authorized federal agencies. The County shall retain all such books, records, documents and other materials for six (6) years following the termination of this Agreement or such longer period as may be required by law. 6.03 On -Site Inspections. The Parties or their designees may evaluate the performance of this Agreement through on -site inspection to determine whether performance is in compliance with the standards set forth in this Agreement, and in compliance with federal, state and local laws, rules, regulations and ordinances, and in compliance with jointly adopted policies and procedures of the Utilities. 6.04 Improper Influence. The Parties agree, warrant and represent that they did not and will not employ, retain or contract with any person or entity on a contingent compensation basis for the purpose of seeking, obtaining, maintaining or extending this Agreement. Each Party agrees, warrants and represents that no gratuity whatsoever has been or will be offered or conferred with a view towards obtaining, maintaining or extending this Agreement. 6.05 Conflict of Interest. The elected and appointed officials and employees of the Parties shall riot have any personal financial interest, direct or indirect, which gives rise to a conflict of interest as defined by Washington law. ARTICLE VII DISPUTES 7.01 Time. Time is of the essence of this Agreement. 7.02 Conflict. In the event of conflict among the terms and conditions of this Agreement and federal, state or local law, the inconsistency shall be resolved by giving precedence of interpretation in the following order: 1. Applicable federal case law, statutes and regulations; then 2. Applicable Washington case law, statutes and regulations; then INTERLOCAL AGREEMENT —NPDES Mgmt & Planning (040406) Page 5 3096975 I Page: 6 of 11 �II I III 04/24/2006 09:27 II III IIII� III coMMIssIONERS (DAYNA AGR 0.00 Douglas County 3. The terms and conditions of this Agreement. 7.03 Waiver Limited. A waiver of any term or condition of this Agreement must be in writing and signed by the waiving Party. Any express or implied waiver of a term or condition of this Agreement shall apply only to the specific act, occurrence or omission and shall not constitute a waiver as to any other term or condition or future act, occurrence or omission. 7.04 Compliance Review Process and Corrective Action. In the event of non- compliance with any term or condition of this Agreement, a Party may provide written notice of non-compliance to the other Parties. The non -compliant Party shall have thirty (30) days from receipt of such written notice to implement fully corrective action and to provide adequate assurances of continuing future compliance: provided, that the non- compliant Party shall have only three (3) business days to demonstrate its compliance and to provide adequate assurances if the non-compliance presents a clear and imminent danger to the health and well-being of the public, a clear violation of federal or state laws, rules or regulations specifically found to be of imminent concern and requiring immediate corrective action, a breach of the time limits for performance under this Agreement, or an imminent loss of federal or state funding of this Agreement. 7.05 Dispute Resolution. A. Informal Mediation. Disputes regarding this Agreement, other than those which relate to non-compliance requiring only a three (3) day notice pursuant to the preceding subparagraph, shall be informally mediated by a panel comprised of a City of Wenatchee elected official appointed by the City Council, a City of East Wenatchee elected official appointed by the City Council, a member of the Douglas County Board of Commissioners appointed by the Board, a member of the Chelan County Board of Commissioners appointed by the Board, and a fifth person agreed upon by the four. The panel shall attempt to resolve the dispute between the Parties through discussion and negotiation among the panel members. There shall be no presentation of evidence or argument to the panel. Decisions of the panel shall not be binding on the Parties and all discussions and negotiations among the panel members shall remain confidential and privileged. 7.06 Attorney's Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, each party shall pay its own attorney's fees and other costs incurred in that action, arbitration or proceeding. 7.07 Governing Law and Venue. This Agreement shall be governed exclusively by the laws of the State of Washington. The Douglas County Superior Court shall be the sole proper venue for any and all suits brought to enforce or interpret the provisions of this Agreement. INTERLOCAL AGREEMENT -NPDES Mgmt & Planning (040406) Page 6 3096976 Page: 7 of 12 I 04 24/2006 09:27 COMMISSIONERS (DAYNA AGR 0.00 Douglas County ARTICLE VIII GENERAL PROVISIONS 8.01 Assignment. Except as otherwise specifically provided in this Agreement, the Parties may not assign any rights or delegate any duties under this Agreement, whether by assignment, subcontract or other means. Any such attempted assignment or delegation shall be void and shall constitute a material breach of this Agreement. 8.02 Modification. This Agreement may not be amended, supplemented or otherwise modified unless expressly set forth in a written agreement signed by the Parties and approved by each Party's legislative authority. 8.03 Invalid Provisions. If any portion of this Agreement, or its application to any person or circumstances, is held or determined to be invalid, such holding or determination shall not affect the validity or enforceability of any other term or provision and the application of this Agreement to other persons or circumstances shall not be affected. 8.04 Counterparts. This Agreement may be executed by the Parties using duplicate counterparts. 8.05 Filing and State Approval. Pursuant to RCW 39.34.040, this Agreement shall be filed with the Douglas County Auditor, Chelan County Auditor, the City of Wenatchee Clerk and the City of East Wenatchee Clerk prior to its entry into force. 8.06 Employees designated by each Party to provide the services called for by this agreement remain employees of that Party, subject to its discipline, personnel policies, and performance requirements. 8.07 Each Party shall bear responsibility and liability only for the negligence, errors, or omissions of its own employees, agents, or officers. 8.08 Incorporation. The recitals set forth above are incorporated into this Agreement by this reference and are binding commitments and representations. 8.09 Entire Agreement. This Agreement constitutes the entire agreement between the Parties. There are no understandings or agreements between parties other than those set forth in this Agreement. No other statement, representation or promise has been made to induce the Parties to enter into this Agreement. SIGNATURE PAGES iNTERLOCAL AGREEMENT —NPDES Mgmt & Planning (040406) Page 7 3096976 Page: S of it oil 1111111111111111111111111111111111111 04,24,20e6 Og : z, COMMISSIONERS (DAYNA AGR 0,00 Douglas County Approved by the City Council of the City of East Wenatchee on Ay')') 20* ATTEST: City Clerk 6/.1 y O(v Date APPROVED AS TO FORM; J ' y A rney �/l q /,* z Dat CITY OF EAST WENATCHEE even C. Lacy, Mayor Date/�T INTERLOCAL AGREEMENT —NPDES Mgmt & Planning (040405) Page 8 li II3096976 Page: 9 of 11 I 04 24/2006 09:27 COMMISSIONERS (DAYNA AGR 0.00 Douglas County Approved by the Douglas County Board of Commissioners on 4 a (( koC DOUGL.AS COUNTY BOARD OF COUNTY COM SIONERS Gnt. Dane Keane, Chairman SEAL Mary Hunt, Member h,*** J Ken Sta tan, Member //— e 6 Date ATTEST: � muj��u�' Clerk o the Board Date �d'( APPROVED AS TO FORM; 71ore I isecuting Attorney 1.1 Me i "r +1 �otn Date INTERLOCAL AGREEMENT —NPDES Mgmt & Planning (040406) Page 9 3096976 Page: 10 of 11 04/24/2006 09:27 COMMISSIONERS (DAYNA AGR 0.00 Douglas County Approved by the City Council of the City of Wenatchee on CITY OF WENATCHEE Dennis Jo nson, Mayor T 'L3 -L)( Date ATTEST: City Clerk Date APPROVED AS TO FORM; y/Lo J�, Date INTERLOCAL AGREEMENT—NPDES Mgmt & Planning (040406) Page 10 II 3096976 +j I Pager 11 of 11 04/24/2006 09:27 II l lllll I I! COMMISSIONERS (DAYNA AGR 0.00 Douglas County Approved by the Chelan County Board of Commissioners on '/ / // /t k' CHELAN COUNTY BOARD OF COUNTY COMMISSIONERS 14 CO BUELL HAWKINS, Chairman S EA1 ; %vim 7v�C KEITH W. GOEHNER, Commissioner RON WALTER, Commissioner ATTEST: JANET K. MERZ n 1 �. Clerk of the Boar APPROVED AS TO FORM; LOUIS N. CHERNAK Deputy Prosecuting Attorney Date INTERLOCAL AGREEMENT —NPDES Mgmt & Planning (040406) Page 11