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HomeMy WebLinkAbout09- MDT, MPDES Small MS4 Storm Water Discharge Co-permit Interlocal AgreementINTERLOCAL AGREEMENT City of Bozeman Montana Department of Transportation MPDES SMALL MS4 STORM WATER DISCHARGE CO-PERMIT WHEREAS, the United States Environmental Protection Agency (US EPA) has adopted regulations addressing the Storm Water Discharges portion of the National Pollutant Discharge Elimination System (NPDES), as defined in the Clean Water Act (33 U.S.C. §§ 1231-1387), and is proceeding with Phase II for small Municipal Separate Storm Sewer Systems (MS4s); WHEREAS, the Montana Department of Environmental Quality (MDEQ) is required by the US EPA to implement and enforce the Storm Water Discharge regulations for the State of Montana and references its program as the Montana Pollutant Discharge Elimination System (MPDES ); WHEREAS, in 2002, the MDEQ notified the City of Bozeman (City), Montana State University (MSU) and the Montana Department of Transportation (MDT) that the City, MSU and MDT were charged with the responsibility to apply for a storm water discharge permit, either together or separately, by March 10, 2003, and to develop a plan or plans over the 5-year term of the permit for implementing and enforcing a Storm Water Management Program (SWMP) for the Bozeman area as defined by the MDEQ; WHEREAS, the MDEQ new rules (Title 17, Chapter 30, new Subchapter 11, revised Subchapter 13; effective February 14, 2003) regarding storm water discharge permits authorize multiple agencies to apply for a co-permit outlining the responsibilities of each agency in regard to the permit requirements; WHEREAS, MDT and the City both recognize the need to identify and control pollutants entering the municipal storm sewer systems through the application of a stormwater management program established and implemented through the jurisdiction of local units of government. WHEREAS, in a letter dated February 27, 2003, the MDT agreed to assist the City and MSU in the development of the MS4 program to satisfy the requirements of the MDEQ, to complete and track the Best Management Practices (BMPs) that MDT agreed to implement, to pay for a portion of the permit fees based on negotiations with the City, and to participate in the development and submittal of a small MS4 MOU (Interlocal Agreement) with the City; WHEREAS, on March 7, 2003, the City, MSU and MDT jointly submitted an application for authorization to discharge under a General Permit for Storm Water Discharge Associated with Small MS4 (General Permit); and Interlocal Agreement Page 1 of 7 WHEREAS, in a letter dated July 17, 2006, the MDEQ notified the City, MSU, and MDT of authorization to discharge under the General Permit (Authorization MTR040002); NOW THEREFORE, BE IT RESOLVED by the City, through the City Commission of the City, the MDT, through the MDT Director, each a public agency of the State of Montana, that: Pursuant to MCA 7-11-104, the City and the MDT agree to adopt this Interlocal Agreement (Agreement) as follows: RECITALS The City is a municipality of the State of Montana organized pursuant to Title 7, Chapter 3, Parts 1 and 2, and Title 7, Chapters 1, 4 and 5, Parts 41 and 42 of the Montana Code Annotated. The MDT is an organization of the State of Montana organized pursuant to Title 2, Chapter 15, Part 25 of the Montana Code Annotated. • The area covered by this Agreement is defined, but not limited by, the Natural Resource Information System June 18, 2002 "Bozeman Area Map" utilizing the 2000 Census Tiger Files, incorporated city boundaries, and roads as shown on Exhibit A attached. AGREEMENT PURPOSE OF AGREEMENT The purpose of this Agreement is to detail the duties, roles and responsibilities to be provided by MDT and the City during the 5-year term of the General Permit. (Note: This agreement is between MDT and the City. MSU and the City may have a separate agreement) 2. GENERAL PROVISIONS A) No Separate legal entity is established by this Agreement. B) The City will assume the lead role in general implementation of the Stormwater Management Plan under the General Permit and will ensure effective coordination among the City and MDT. C) Each entity will be invited to participate in discussions and hearings with MDEQ, EPA, consultants, the public, and others related to permit issues. SCOPE OF CITY SERVICES The City shall provide or shall contract to provide the following services to the MDT with regard to the General Permit: Interlocal Agreement Page 2 of 7 A) The City will take the lead in coordinating with the MDEQ to facilitate the General Permit requirements, and ensure coordination and notice to the MDT. B) The City will manage the implementation of the stormwater management plan for each entity as required under the General Permit terms where City has the lead role. C) The City will be responsible for submitting the required annual report to the MDEQ, as coordinated with each entity. D) The City will pay MDEQ the application fee and subsequent annual permit fees. 4. SCOPE OF MDT SERVICES The MDT shall provide the following services necessary for the implementation of the General Permit that includes the MDT operated MS4. The MDT agrees to perform the following duties by the target dates indicated: A) Provide sweeping on state and federal highways within the City, with disposal of sweepings in a manner in which pollutants will not be tributary to the watershed. Conduct this activity annually throughout the permit cycle and provide records of this sweeping annually within 30 days notice from the City to support the preparation of the annual report required by the General Permit. B) Provide a record of annual expenditures and budget information directly related to stormwater operations and maintenance activities related to drainage within the City. The MDT will provide this information annually within 30 days notice from the City and share financial expenditure information to support the preparation of the annual report. C) Provide records of maintenance and activities related to the management of stormwater and drainage including catch basin cleaning, drainage system maintenance, street sweeping, winter de-icing, and other activities which fall under the minimum control measures included in the Phase II MPDES permit program. The MDT will provide this information on an annual basis to support the annual report. D) Provide documentation of newly constructed stormwater facilities and drainage system improvements built by the MDT including locations, mapping, construction drawings, as-built drawings, etc. to the extent needed to document facilities for analysis and reporting in the annual report. PAYMENT FOR CITY SERVICES By agreement of the parties, MDT shall pay the City an annual assessment for the cost to manage the Stormwater Phase II MPDES program. Interlocal Agreement Page 3 of 7 MDT assessments shall be paid into a fund established for the stormwater program. The MDT agrees to pay, $4,200, by December 1, 2008 and again by December 1, 2009. This assessment generally reflects one-third of the costs associated with the application ($2,600 annual fee) and one-third of the costs associated with preparation of the annual report, determining project costs and submission to MDEQ ($9,800). The City may propose an alternate fee structure to MDT in the future. 6. EFFECTIVE DATES, TERMINATION AND CHANGES A) This Agreement shall be effective upon signing by both parties and will remain in full force and effect for the five-year term of the General Permit unless terminated or changed according to the provisions of this section. This agreement may be extended in five-year increments as agreed by both parties. B) The City or MDT may terminate this Agreement in the event of a breach of the Agreement by the other party or parties. Prior to such termination, however, the party seeking the termination shall give the other party written notice of the breach and of the party's intent to terminate. If the party has not cured the breach within thirty (30) days of the notice, then the party giving notice may terminate the Agreement at any time thereafter by giving a written notice of termination. C) This Agreement may be changed with additions and/or deletions in regard to responsibilities related to the General Permit as approved and conditioned by the MDEQ upon mutual written consent of the parties hereto. 7. INDEMNIFICATION Not withstanding any other provisions of this Agreement, each party shall indemnify, defend and hold harmless the other, their officers, agents and employees from and against any and all claims, losses, liabilities or damages and costs, arising out of that party's non- compliance with the permit, through negligence, internal acts or omission, of its officers, agents, employees or subcontractors. In the event litigation is required, the venue will be the 18th Judicial District Court. AUDIT AND INSPECTION All books, papers, records, payrolls, vouchers and invoices relating to costs and expenditures incurred as to the performance of the services specified herein, shall be made available to the Participating Agencies, the Federal Highway Administration, or their authorized representatives, and any agency of government as specified in statute, for audit and review at the Parties offices, at all reasonable times during the contract period, and for three years from the date of final payment. The parties agree that all records, reports, and other documents, which the parties maintain under or in the course of this Agreement may be audited to ensure compliance with this Agreement. Such records, reports, and other documents may be audited at any reasonable time. 9. NON-DISCRIMINATION During the performance of this contract, the City, for itself, its assignees and successors in interest, agrees to comply with all applicable federal and state nondiscrimination laws Interlocal Agreement Page 4 of 7 and regulations, as more fully provided in the attached "Notice", which is incorporated by reference. IN WITNESS WHEREOF, the Participating Agencies have caused this instrument to be duly executed by their proper officers as follows: CITY OF BOZEMAN APPROVED by the CITY COMMISSION of the CITY OF BOZEMAN on the ~ day of ~1`~~Q.~ 2008, authorizing the City Manager to execute the Interlocal Agreement. BY: Chris Kukulski, City Manager (SEAL) ATTEST: Stacy m n, Cit Clerk APPROV FOR LE AL CONTENT: Bob Pl nalp, Acting City Atto y MONTANA DEPARTMENT OF TRANSPORTATION APPROVED by the MONTANA DEPARTMENT OF TRANSPORTATION on the ~ day of'~j..,~..c.~.ocA..; 299$- aft q BY: Ji APPROVED FOR LEGAL CONTENT: MDT f<1"e~al Services Interlocal Agreement Page 5 of 7 NOTICE During the performance of this Agreement, the City, for itself, its assignees and successors in interest, agrees as follows: A) COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 FOR FEDERAL-AID CONTRACTS (1) Compliance with Regulations: the City shall comply with all Regulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation, 49 Code of Federal Regulations, Part 26, as they may be amended (hereafter referred to as the Regulations), which are incorporated by reference and made a part of this Agreement, even though only state funding is here involved. (2) Nondiscrimination: the City with regard to the work performed by it during the Agreement shall not discriminate on the grounds of sex, race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The City shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR 26.5. (3) Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations, whether by competitive bidding or negotiation by the City for work to be performed under a subcontract, including procurement of materials or leases of equipment, any potential subcontractor or supplier shall be notified by the City of its obligations under this Agreement and the Regulations relative to nondiscrimination. (4) Information and Reports: the City will provide all reports and information required by the Regulations, or directives issued pursuant thereto, and permit access to its books, records, accounts, other sources of information and its facilities as may be determined by State or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with Regulations or directives. Where any information required of the City is in the exclusive possession of another who fails or refuses to furnish this information, the City shall so certify to the MDT or the FHWA as requested, setting forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the City's noncompliance with the nondiscrimination provisions of this Agreement, State may impose sanctions as it or the FHWA determines appropriate, including, but not limited to, (a) Withholding payments to the City under the Agreement until the City complies, and/or (b) Cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: the City will include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. the City will take such action with respect to any subcontract or procurement as the State or the FHWA may direct to enforce such provisions including sanctions for noncompliance: Provided, however, that in the event the City is sued or is threatened with litigation by a subcontractor or supplier as a result of such direction, the City may request the State to enter into the litigation to protect the interests of the State, and, in addition, the City or the State may request the United States to enter into such litigation to protect the interests of the United States. Interlocal Agreement Page 6 of 7 B) COMPLIANCE WITH THE MONTANA GOVERNMENTAL CODE OF FAIR PRACTICES, §49-3-207, MCA In accordance with Section 49-3-207, MCA, the City agrees that for this Agreement all hiring will be made on the basis of merit and qualifications and that there will be no discrimination on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the Agreement. C) COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) (1) The City will comply with all regulations relative to implementation of the AMERICANS WITH DISABILITIES ACT. (2) The City will incorporate or communicate the intent of the following statement in all publications, announcements, video recordings, course offerings or other program outputs: "The City will provide reasonable accommodations for any known disability that may interfere with a person in participating in any service, program or activity offered by the City. In the case of documents, recordings or verbal presentations, alternative accessible formats will be provided. For further information call the City." (3) All video recordings produced and created under contract and/or agreement will be closed captioned. D) COMPLIANCE WITH PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN DEPARTMENT OF TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS, 49 CFR PART 26 Each Agreement MDT signs with the City (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: The City, or a subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The City shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the City to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. 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