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Home My WebLink AboutResolutions - 2021-15 - Authorizing the Mayor to sign and ILA Interlocal Agreement between Douglas County, Chelan County, City of Wenatchee, and the City of Pullman for an effectiveness study. - 8/3/2021City of East Wenatchee Resolution 2021-15 with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 1 of 2 City of East Wenatchee, Washington Resolution No. 2021-15 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute an Interlocal Agreement Between the City of East Wenatchee, Douglas County, Chelan County, the City of Wenatchee, and the City of Pullman for development and implementation of an effectiveness study related to regional stormwater management and permit compliance. 1. Alternate format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711 (TTY). 2. Authority. 2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: 3. Authorization. The City Council authorizes the Mayor to execute an Interlocal Agreement that conforms to the language set forth in Exhibit A. 4. Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution. Stormwater Effectiveness Study Interlocal Agreement Version: 5/3/2021 Page 1 Return Document to: Public Works Administrative Assistant City of Wenatchee P.O. Box 519 Wenatchee, WA 98807-0519 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, City of Pullman Grantee: Douglas County, Chelan County, City of Wenatchee, and City of East Wenatchee, City of Pullman 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”), the City of East Wenatchee (“East Wenatchee”) and the City of Pullman (“Pullman”), collectively the “Parties”. WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) provides for the formation of interlocal agreements that enable local governments to effectively cooperate with each other to the benefit of local 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, East Wenatchee and Pullman are covered under the Eastern Washington Phase II Municipal Stormwater Permit; WHEREAS, on July 1, 2019, Ecology issued the current Eastern Washington Phase II Municipal Stormwater Permit (“Permit”), Effective Date: August 1, 2019; Permit Expiration Date: July 31, 2024; Exhibit A to Resolution 2021-15 Stormwater Effectiveness Study Interlocal Agreement Version: 5/3/2021 Page 2 WHEREAS, Section S8 of the Permit requires each city and county to participate in an Ecology-approved study to assess the effectiveness of permit-required stormwater management program activities and best management practices; WHEREAS, the Parties collaborated on the Mobile Contractor Education and Outreach Effectiveness Study to comply with S5.B.1.b of the Permit; WHEREAS, the Parties developed and submitted a list of project participants and associated roles to comply with Section S8.A.2.b of the Permit by March 31, 2021; WHEREAS, a detailed study design proposal titled “Private Residential BMP Owner Awareness Effectiveness Study” (the “Study”) was submitted to Ecology on March 31, 2021 to comply with Section S8.A.2c ; 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. Wenatchee shall be responsible for completing the Study as required by Section S8.B.2 and implementation of the revised mobile contractor education and outreach program as required by Section S5.B1.b of the Permit. 4. The Parties will work together to accomplish the Study and implement the revised mobile contractor education and outreach. a. The Parties will cooperatively select a consultant to conduct a survey of property owners 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 provide comments on the study submittals and education and outreach materials. 5. The Study shall be funded in equal shares by each of the Parties. Each Party’s contribution shall not exceed seven thousand dollars ($7,000). Wenatchee will pay the consultant and bill the other Parties their equal shares. The Parties shall reimburse Wenatchee within forty-five (45) days of receipt of billing. 6. This Agreement does not create any new or separate legal or administrative entity to administer the provisions of this Agreement, and the Parties will not acquire nor dispose of real or personal property for use in this undertaking. Exhibit A to Resolution 2021-15 Stormwater Effectiveness Study Interlocal Agreement Version: 5/3/2021 Page 3 7. This Agreement is effective upon signature by all Parties and filing 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. 8. Any Party may withdraw from the Agreement upon thirty (30) days’ written notice to the other Parties. 9. This Agreement shall terminate upon the withdrawal of at least three (3) of the Parties, or by written agreement of all Parties. 10. 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: Garren Melton 271 9th 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 City of Pullman: Shilo Sprouse 190 SE Crestview St, Bldg A Pullman, WA 99163 (509) 338-3220 11. 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 each Party hereto or its designee, any agency funding a portion of the project, any authorized auditing or oversight entity, and the Washington State Auditor’s Office. Exhibit A to Resolution 2021-15 Stormwater Effectiveness Study Interlocal Agreement Version: 5/3/2021 Page 4 SIGNATURE PAGE 1 of 5 Adopted:____________________________ CITY OF EAST WENATCHEE _______________________________ Jerrilea Crawford, Mayor ________________________________ Date ATTEST: ___________________________________ Maria Holman, City Clerk ___________________________________ Date APPROVED AS TO FORM: __________________________________ Devin Poulson, City Attorney __________________________________ Date Exhibit A to Resolution 2021-15 Stormwater Effectiveness Study Interlocal Agreement Version: 5/3/2021 Page 5 SIGNATURE PAGE 2 of 5 Adopted: ____________________________ DOUGLAS COUNTY BOARD OF COUNTY COMMISSIONERS _______________________________ Marc S. Straub, Chair _______________________________ Kyle Steinburg, Vice Chair _______________________________ Dan Sutton, Member ________________________________ Date ATTEST: ___________________________________ Tiana Rowland, Clerk of the Board ___________________________________ Date APPROVED AS TO FORM: __________________________________ Jim Mitchell, Civil Deputy Prosecuting Attorney WSBA #31031 __________________________________ Date Exhibit A to Resolution 2021-15 Stormwater Effectiveness Study Interlocal Agreement Version: 5/3/2021 Page 6 SIGNATURE PAGE 3 of 5 Adopted:____________________________ CITY OF WENATCHEE _______________________________ Frank Kuntz, Mayor ________________________________ Date ATTEST: ___________________________________ Tammy Stanger, City Clerk ___________________________________ Date APPROVED AS TO FORM: __________________________________ City Attorney __________________________________ Date Exhibit A to Resolution 2021-15 Stormwater Effectiveness Study Interlocal Agreement Version: 5/3/2021 Page 7 SIGNATURE PAGE 4 of 5 Adopted: ____________________________ CHELAN COUNTY BOARD OF COUNTY COMMISSIONERS _______________________________ Bob Bugert, Chairman _______________________________ Tiffany Gering, Commissioner _______________________________ Kevin Overbay, Commissioner ________________________________ Date ATTEST: Carlye Baity ___________________________________ Clerk of the Board ___________________________________ Date APPROVED AS TO FORM: __________________________________ Robert W. Sealby Deputy Prosecuting Attorney __________________________________ Date Exhibit A to Resolution 2021-15 Stormwater Effectiveness Study Interlocal Agreement Version: 5/3/2021 Page 8 SIGNATURE PAGE 5 of 5 Adopted:____________________________ CITY OF PULLMAN _______________________________ Glenn A. Johnson, Mayor ________________________________ Date ATTEST: ___________________________________ Dee Stiles-Elliot, City Clerk ___________________________________ Date APPROVED AS TO FORM: __________________________________ City Attorney __________________________________ Date Exhibit A to Resolution 2021-15