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INTERLOCAL AGREEMENT City of Missoula County of Missoula Montana Department of Transportation The University of Montana 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); WHEREAS, the Montana Department of Environmental Quality (MDEQ) has been granted authority by the US EPA to implement and enforce the Storm Water Discharge regulations for the State ofMontana and references its program as the Montana Pollutant Discharge Elimination System (MPDES); WHEREAS, ARM 17.30.1102(23) designates the City ofMissoula, Missoula County, the Montana Department ofTransportation, Missoula District, and the University ofMontana as owners and operators ofMPDES Small Municipal Separate Storm Sewer Systems; WHEREAS, in accordance with the General Permit, Part V.B., "lfthe permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee shall first apply for and obtain a new permit. The application form and fee must be submitted at least 30 days before the expiration date ofthis permit."; WHEREAS, on December 31, 2009, the co-permittees' coverage under the previous General Permit expired; WHEREAS, ARM 17.30.11 and ARM 17.30.13 regarding storm water discharge permits authorize multiple agencies to apply for a co-permit outlining the responsibilities ofeach agency in regard to the permit requirements; and WHEREAS, the City, County, MDT, and the University of Montana wish to continue combining efforts and resources and have agreed to continue the partnership to share in the payment of fees for the required permit, and work together to implement the plan for storm water management in the Missoula area. NOW THEREFORE, BE IT RESOLVED by the City, through the City Council ofthe City ofMissoula, the County through the Missoula Board of County Commissioners, the Montana Department ofTransportation, and the University ofMontana (Participating Agencies), each a public agency ofthe State ofMontana, that: Pursuant to MCA 7-11-104, the Participating Agencies agree to adopt this Interlocal Agreement as follows: ---PAGE BREAK--- Section 1: Recitals The City is a municipality ofthe 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 ofthe Montana Code Annotated. The County is a political subdivision ofthe State ofMontana organized pursuant to Title 7 of the Montana Code Annotated. The MDT is an organization of the State of Montana organized pursuant to Title 2, Chapter 15, Part 25 ofthe Montana Code Annotated. The University ofMontana is an educational facility in the State of Montana organized pursuant to Title 20, Chapter 25, Part 2 ofthe Montana Code Annotated. The urban area covered by this Interlocal Agreement is defined, but not limited by, the Natural Resource Information System June 18, 2002 map utilizing the 2000 Census Tiger Files, incorporated boundaries, and roads. Section 2: Purpose It is the purpose ofthis Agreement to delineate the responsibilities ofthe Participating Agencies under the MPDES Phase II General Permit for the Missoula urban area, including Best Management Practices (BMPs). This Agreement shall also set forth responsibilities for ownership and maintenance of existing storm waterinfrastructure, as well as the development, implementation, enforcement, and financing of a Missoula Storm Water Management Program (SWMP) to continue to be implemented over the 5-year term of the MPDES Phase II storm water discharge permit as approved and conditioned by the MDEQ. Section 3: Administration 3.01. No separate legal entity is established by this Interlocal Agreement. 3.02. The Participating Agencies agree to share the responsibilities for fulfilling the MPDES Phase II General Permit requirements in accordance with the approval and conditions of the MDEQ including annual data collection, analyses, reporting, and reapplication requirements. Section 4: SWMP Coordination, Fees, and Reporting 4.01 City ofMissoula. The City is providing and agrees to continue providing existing staff and existing funds to develop, implement, and enforce its portion ofthe Missoula Stonn Water Management Plan. The City agrees to collect, compile, and maintain any and all data, information, or measurements as required by the General Permit, as well as complete its own standard ---PAGE BREAK--- annual report form as provided by the MDEQ. In addition, the City agrees to compile the co-permittees' individual annual reports, reapplication forms, etc. for submittal to the MDEQ. Finally, the City agrees to assume responsibility for payment of annual fees and invoice co-permittees in accordance with this agreement. 4.02 Missoula County. The County is providing and agrees to continue providing existing staff and existing funds to develop, implement, and enforce its portion ofthe Missoula Storm Water Management Plan. The County agrees to collect, compile, and maintain any and all data, information, or measurements as required by the General Permit, as well as complete its own standard annual report form as provided by the MDEQ. 4.03 Montana Department ofTransportation. The MDT is providing and agrees to continue providing existing staff and existing funds to develop, implement, and enforce its portion ofthe Missoula Storm Water Management Plan. The MDT agrees to collect, compile, and maintain any and all data, information, or measurements as required by the General Permit, as well as complete its own standard annual report form as provided by the MDEQ. 4.04 The University of Montana. The U ofM is providing and agrees to continue providing existing staffand existing funds to develop, implement, and enforce its portion ofthe Missoula Storm Water Management Plan. The U ofM agrees to collect, compile, and maintain any and all data, information, or measurements as required by the General Permit, as well as complete its own standard annual report form as provided by the MDEQ. 4.05 Application and Annual Permit Fees. The state-defined Missoula urban area contains or borders six named perennial water bodies that receive discharge from storm water runoffin the area. These named water bodies are: 4.05.a Clark Fork River 4.05.b Bitterroot River 4.05.c Rattlesnake Creek 4.05.d Grant Creek 4.05.e Pattee Creek 4.05.f Butler Creek ---PAGE BREAK--- The MDEQ application fee for the 2010-2014 pennit cycle is $1,500 per qualifying water body to a maximum of five water bodies. Missoula's total application fee this pennit cycle is $7,500. The annual pennit fee and 2014 reapplication fee varies for each MS4 co-pennittee. MDT agrees to pay the entire 2010 reapplication fee of$7,500. In return, MDTs annual fee ($1,200 per year) for the tenn of this agreement will be divided equally among the remaining co-pennittees until the reapplication fee has been repaid. The City will pay the fees to MDEQ and will submit annual invoices to the County, MDT, and U ofM for reimbursement costs due the City. The following table summarizes the re- application and annual fees for the MS4 area: TABLE 1- PERMIT FEES FOR GENERAL PERMIT Annual Permit Fee (City Annual Annual Annual of Permit Fee Permit Permit Permit Missoula) (Missoula Fee Fee Total Year Description County) (MDT) (UM) Fees Reapplication 2009 Fee for 2010- $0 $0 $7,500 $0 $7,500 2014 Permit Tenn 2010 Annual Fee $5,400 $1,600 $0 $1,600 $8,600 2011 Annual Fee $5,400 $1,600 $0 $1,600 $8,600 2012 Annual Fee $5,400 $1,600 $0 $1,600 $8,600 2013 Annual Fee $5,400 $1,600 $0 $1,600 $8,600 2014 Annual Fee $5,275 $1,475 $375 $1,475 $8,600 2014 Reapplication $6,300 $3,600 $1,800 $1,800 $13,500 Fee Total $33,175 $11,475 $9,675 $9,675 $64,000 This arrangement applies only if all entities agree to co-permit for the next permit cycle. If the co- permittees change, a new fee agreement will be negotiated. Reapplication fee assumes 10% discount allowed with co-permittee status. Based on Traditional MS4 with population greater than 50,000 ($5,000) plus $400 for City portion of MDT annual fee, until reapplication fee is repaid. Based on County MS4 Permit fee ($1,200) plus $400 for County portion of MDT annual fee, until reapplication fee is repaid. Based on Non-Traditional MS4 Permit fee ($1,200) plus $400 for U ofM portion of MDT annual fee, until reapplication fee is repaid. Current DEQ fee schedule allows a 25% reduction in annual permit fee for permittee's maintaining permit compliance. Fees summarized in this table do not include the potential 25% reduction. If compliance is maintained, the 25% reduction will be applied to each eligible entity's portion ofthe annual fee. 4.06 Fee Sharing. The Participating Agencies agree to share the cost ofthese application and permit fees as follows: ---PAGE BREAK--- 4.06.a The City agrees to pay the annual and reapplication fees as summarized in Table 1. 4.06.b The County agrees to reimburse the City for the County's annual and reapplication fees as summarized in Table 1. 4.06.c The MDT agrees to reimburse the City for the MDT's annual and reapplication fees as summarized in Table 1. 4.06.d The U ofM agrees to reimburse the City for the U ofM's annual and reapplication fees as summarized in Table 1. 4.07 Authorization of Signatories. The respective Participating Agencies hereby authorize the following persons to act as agency signatories and representatives for the purposes of executing this Agreement, the MPDES permit application documents, the MOD with the MDT, and proceeding with the requirements necessary to comply with permit restrictions identified by the MPDES: Agency Signatory Title City John Engen Mayor County Bill Carey County Commissioner Jean Curtiss County Commissioner Michele Landquist County Commissioner MDT Dwane Kailey Chief Operations Officer University of Montana Kevin Krebsbach Associate Director Section 5: Ownership, Operation, and Control of Storm Water Infrastructure 5.01. Existing Infrastructure. Each Participating Agency agrees to retain the ownership, operation responsibility, maintenance and liability for its existing infrastructure in accordance with the approved General Permit and SWMP as conditioned by the MDEQ and existing contractual agreements for the maintenance ofthe infrastructure. 5.02. Future Infrastructure. Each Participating Agency agrees to retain responsibility for the design, construction, ownership, operation, maintenance and liability for any future storm water management infrastructure built by the responsible Participating Agency. If jurisdiction changes due to annexation or otherwise, the ownership, operation, maintenance, and liability related to operation and maintenance shall transfer to the acquiring Agency. Each Participating Agency will develop any new infrastructure in accordance with the MDEQ approved General Permit requirements and conditions. Section 6: Non-Discrimination Notice 6.01 The City, County, MDT, and U ofM agree they will comply with all requirements of the attached Exhibit with regard to civil rights laws and regulations as part ofthis agreement. ---PAGE BREAK--- Section 7: Termination, Duration, and Changes 7.01 This Agreement shall become effective upon approval by the Council ofthe City of Missoula, Missoula County Board of Commissioners, Montana Department of Transportation Chief Operations Officer, and the University ofMontana. This Agreement shall remain in full force and effect for the five-year term ofthe General Permit unless terminated according to the provisions ofthis Section. 7.02 This Agreement may be changed with additions and/or deletions in regard to responsibilities related to the approved NPDES Phase II General Permit as approved and conditioned by the MDEQ upon mutual written consent ofthe parties hereto. IN WITNESS WHEREOF, the Participating Agencies have caused this instrument to be duly executed by their proper officers as follows: ---PAGE BREAK--- CITY OF MISSOULA APPROVED by the COUNCIL of the CITY of MISSOULA on the day of 2010, authorizing the Mayor to execute the Interlocal Agreement and proceed with a General Permit application process as described herein. ATTEST: Martha L. Rehbein City Clerk (SEAL) BY: John Engen Mayor Approved as to form and content Jim Nugent, City Attorney MISSOULA COUNTY APPROVED by the BOARD of COUNTY COMMISSIONERS on the day of 2010, authorizing the Interlocal Agreement and General Permit application process as described herein. ATTEST: Bill Carey, Chair Missoula County Commissioner Clerk and Recorder Approved as to form and content: Jean Curtiss Missoula County Commissioner Mike Sehestedt, Deputy County Attorney Michele Landquist Missoula County Commissioner ---PAGE BREAK--- MONTANA DEPARTMENT OF TRANSPORTATION APPROVED by the MONTANA DEPARTMENT of TRANSPORTATION on the day of , 2010, authorizing the Interlocal Agreement and General Permit application process as described herein. Approved as to form and content: MDT Legal Services Unit BY: Dwane E. Kailey, P.E. Chief Operations Officer THE UNIVERSITY OF MONTANA APPROVED by the VICE-PRESIDENT for ADMINISTRATION and FINANCE on the day of , 2010 authorizing the Interlocal Agreement and General Permit application process as described herein. Approved as to form and content: David Aronofsky, University ofMontana Counsel BY: Kevin Krebsbach, Associate Director ---PAGE BREAK--- EXHIBIT A - NON-DISCRIMINATION NOTICE During the performance ofthis Agreement, the City, County, MDT, and U ofM (hereafter in this Section "the Party"), 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 Compliance with Regulations: The Party shall comply with all Regulations relative to nondiscrimination in Federally-assisted programs of the Department ofTransportation, 49 Code of Federal Regulations (CFR), Part 21, as they may be amended (hereafter referred to as the Regulations), which are incorporated by reference and made a part ofthis Agreement, even ifonly state funding is here involved. Nondiscrimination: The Party, 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 ofequipment. The Party shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR Sec. 21.5. Solicitations for Subcontracts, Including Procurement ofMaterials and Equipment: In all solicitations, whether by competitive bidding or negotiation by the Party for work to be performed under a subcontract, including procurement ofmaterials or leases ofequipment, any potential subcontractor or supplier shall be notified by the Party ofthe Party's obligations under this Agreement and the Regulations relative to nondiscrimination. Information and Reports: The Party 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 ofinformation 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 ofthe Party is in the exclusive possession ofanother who fails or refuses to furnish this information, the Party shall so certify to the Department or the FHWA as requested, setting forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the Party'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, Withholding payments to the Party under the Agreement until the Party complies, and/or Cancellation, termination or suspension ofthe Agreement, in whole or in part. Incorporation ofProvisions: The Party will include the provisions ofparagraphs through in every subcontract, including procurement ofmaterials and leases ofequipment, unless exempt by the Regulations or directives issued pursuant thereto. The Party 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 Party is sued or is threatened with litigation by a subcontractor or supplier as a result of such direction, the Party may request the State to enter into the litigation to protect the interests of the State, and, in addition, the Party or the State may request the United States to enter into such litigation to protect the interests ofthe United States. ---PAGE BREAK--- B) COMPLIANCE WITH THE MONTANA GOVERNMENTAL CODE OF FAIR PRACTICES, SEC. 49-3-207, MCA In accordance with Section 49-3-207, MCA, the Party 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 ofrace, 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) The Party will comply with all regulations relative to implementation ofthe AMERICANS WITH DISABILITIES ACT. The Party will incorporate or communicate the intent of the following statement in all publications, announcements, video recordings, course offerings or other program outputs: "The Party 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 Party. In the case of documents, recordings or verbal presentations, alternative accessible formats will be provided. For further information call the Party." 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 the Department signs with a Party (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: The Party, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Party shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the Party 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