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Home My WebLink AboutResolution 2024-76, Multijurisdictional Agreement_Gap Analysis StormwaterCity of East Wenatchee Resolution 2024-76 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.2024-76 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, the City of Wenatchee, and Chelan County to conduct a mock audit of the regional stormwater management program to ensure 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 la administradora municipal 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. 5.City of East Wenatchee Effective date.This Resolution becomes effective immediately. City of East Wenatchee Resolution 2024-76 with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 2 of 2 Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 17th day of December, 2024. The City of East Wenatchee, Washington By ________________________ Jerrilea Crawford, Mayor Attest: ___________________________ Anna Laura Leon, City Clerk Approved as to form only: ___________________________ City Attorney Filed with the City Clerk: 12-12-2024 Passed by the City Council: 12-17-2024 Effective Date: 12-17-2024 Jerrilea Crawford (Dec 20, 2024 12:40 PST) Jerrilea Crawford Stormwater Effectiveness Study Interlocal Agreement Version: 12/10/2024 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, 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 STORMWATER MANAGEMENT PROGRAM MOCK AUDIT RELATED TO REGIONAL STORMWATER MANAGEMENT AND PERMIT COMPLIANCE This interlocal cooperative agreement (“Agreement”) is made and entered among Douglas County, Chelan County both being political subdivisions of the State of Washington, and the municipal corporations of the City of Wenatchee (“Wenatchee”), and the City of East Wenatchee (“East Wenatchee”) 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, and East Wenatchee are subject to the conditions of the Eastern Washington Phase II Municipal Stormwater Permit; WHEREAS, on July 1, 2024, Ecology issued an Eastern Washington Phase II Municipal Stormwater Permit (“Permit”), to take effect on August 1, 2024; and expire on July 31, 2029; WHEREAS, S5.A.5.a of the Permit encourages coordination among entities covered under the permit; Stormwater Effectiveness Study Interlocal Agreement Version: 12/10/2024 Page 2 WHEREAS, the Parties adopted a Memorandum of Understanding for Stormwater Management Planning in 2004; WHEREAS, the parties maintain a regional Stormwater Management Program to avoid conflicting stormwater plans, policies, and regulations within their separate jurisdictions; 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 Stormwater Management Program Mock Audit. 3.The Parties will work together to evaluate the Stormwater Management Program for deficiencies in compliance with the Permit and establish an actionable plan for near term requirements. a.The Parties cooperatively selected the consultant Evergreen StormH20 to conduct the mock audit of the Wenatchee Valley Stormwater Management Program. b.The consultant will contract with Wenatchee for the accomplishment of study activities when approved by the Parties. c.The Parties will provide requested documentation and work with the consultant to evaluate the Stormwater Management Program. 4.The Gap Analysis shall be funded in equal shares by each of the Parties. Each Party’s contribution shall not exceed fifty thousand dollars ($50,000) 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. a.Any Party requesting to modify or expand the scope of work specific to their jurisdiction shall assume full responsibility for all additional costs. The City of Wenatchee shall amend the contract with the Consultant to address changes. 5.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. 6.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. Stormwater Effectiveness Study Interlocal Agreement Version: 12/10/2024 Page 3 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: 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 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 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. Stormwater Effectiveness Study Interlocal Agreement Version: 12/10/2024 Page 4 CITY OF EAST WENATCHEE _______________________________ Jerrilea Crawford, Mayor ________________________________ Date SIGNATURE PAGE 1 of 5 Adopted:____________________________ ATTEST: ___________________________________ Laura Leon, City Clerk ___________________________________ Date APPROVED AS TO FORM: __________________________________ Robert Siderius, City Attorney ____12.18.24_______________________ Date Stormwater Effectiveness Study Interlocal Agreement Version: 12/10/2024 Page 5 SIGNATURE PAGE 2 of 5 Adopted: ____________________________ DOUGLAS COUNTY BOARD OF COUNTY COMMISSIONERS _______________________________ Dan Sutton, Chair _______________________________ Marc S. Straub, Vice Chair _______________________________ Kyle Steinburg, Member ________________________________ Date ATTEST: ___________________________________ Tiana Rowland, Clerk of the Board ___________________________________ Date APPROVED AS TO FORM: __________________________________ Jim Mitchell, Civil Deputy Prosecuting Attorney WSBA #31031 __________________________________ Date Stormwater Effectiveness Study Interlocal Agreement Version: 12/10/2024 Page 6 CITY OF WENATCHEE _______________________________ Laura Gloria, City Administrator ________________________________ Date SIGNATURE PAGE 3 of 5 Adopted:____________________________ ATTEST: ___________________________________ Tammy Stanger, City Clerk ___________________________________ Date APPROVED AS TO FORM: __________________________________ City Attorney Date Stormwater Effectiveness Study Interlocal Agreement Version: 12/10/2024 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 Resolution 2024-76 - Gap Analysis Stormwater Final Audit Report 2024-12-20 Created:2024-12-20 By:City Clerk (cityclerk@eastwenatcheewa.gov) Status:Signed Transaction ID:CBJCHBCAABAAQ71NWCDIuoXFOJpPIZ9_xyIcqPaGbC8f "Resolution 2024-76 - Gap Analysis Stormwater" History Document created by City Clerk (cityclerk@eastwenatcheewa.gov) 2024-12-20 - 7:12:50 PM GMT Document emailed to jcrawford@eastwenatcheewa.gov for signature 2024-12-20 - 7:13:17 PM GMT Email viewed by jcrawford@eastwenatcheewa.gov 2024-12-20 - 8:40:15 PM GMT Signer jcrawford@eastwenatcheewa.gov entered name at signing as Jerrilea Crawford 2024-12-20 - 8:40:32 PM GMT Document e-signed by Jerrilea Crawford (jcrawford@eastwenatcheewa.gov) Signature Date: 2024-12-20 - 8:40:34 PM GMT - Time Source: server Agreement completed. 2024-12-20 - 8:40:34 PM GMT