IGA; several entities; Watershed Approach to Stream HealthIntergovernmental Agreement
for Implementation of the
Watershed Approach to Stream Health (WASH) Plan
3
This Agreement, is made and entered mto this ,~.lsr day of .~wv~d 200$,
by and between BOULDER COUNTY, a body polihc and coiporate, and the C TIES OF
BOULDER, LONGMONT, LOUISVILLE, and the TOWNS OF ERIE AND
SUPERIOR, each a municipal coiporation (the county, cilies or towns may be referred to
heremafter individually as "PARTNER" or ~omtly as "PARTNERS")
RECITALS:
A In 1999, the WASH pro~ect was funded from Yhe 104(b)(3) Water Quality
Cooperation Agreement Grant Boulder County used these funds to conduct a workshop
on watershed approaches to stormwater quality issues. The grant was also used to
support a cooidmation of ~urisdictions wikhin the watershed Co fac~litate initial
exploiatory meeCmgs of potent~al PARTNERS.
B The PARTNERS are committed to the protection of stormwater qualrty withm the
Bouldei Crcek and St Viain wateisheds, includmg Coal and Rock Cieek, to meet both
regulatory and commumty go11s The WASH Pro~ect was developed to provide a forum
to ~dentify these management and data gaps, crcate woikable solutions for fillmg the
gaps, and implement a county-wide system of sharmg and usmg stormwatcr quality data
and management approaches to impiove stoimwater quahty m Boulder Coimty
C A Memorandum of Understandmg was entered mto on the 11`~' day of October,
2001 by and betwcen Boulder County and the Cities of Boulder and Longmont and the
Towns of Eiie and Supeuoi settmg forth the shared gonls of the PARTNERS
D. The federal Clean Watei Act reqLiues Yhat stormwater discharges from certam
types of facilities be authorized undei stormwater dtscharge permits. (See 40 CFR
l22 26.) The goal of the stotmwater permits progiam is to ieduce the amount of
pollulants enCermg streams, lakes and riveis as a result oF iunoff from residential,
commercial and mdListrial areas.
E In Colorado, stoimwater dischaige peimits are issued by the Coloiado
DeparGnent of Public Health and Enviionment, Water QLialiry Control Division (the
"Divtsion") Such peimils are part of lhe Coloiado Discharge Petmit System, or CDPS,
under Division Regulation No. 6l The Phase II mumcipal sepaiate storm sewei systems
("MS4s") will be coveted under the Divisiods General Permit for stoimwater disehaiges
F. A PARTNER is an active supportmg member of the WASH orgamzation
PERMITTED PARTNER is a WASH membei designated by the Division to meet Phase
II stoimwater quality permittmg requirements These PERMITTED PARTNERS mclude
City of Boulder, Bouldei County, City of Longmonl, City of Lowsville, Town of & ie,
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Page 1 of I1
and Town of Supciioi A NON-PERMITTED PARTNER is a WASH member that is not
designated by the Division to meet Phase II stormwater quality pertmtk~ng
iequuements.The PERMITTED PARTNERS will submit a ~omt appltcation for a
Division General Permrt (Yhe "PermiP') A General Peimit is a smgle perttnt ihat is
wntten to cover mLiltiple peiimtCees
G The WASH Plan was developed by the PARTNERS to outlme the progiams
iequired to meet the s~x mimmum control measures ("MCM's") defined m the Division's
Regulation No. 61, additional measures designed to impiove stormwater qualiCy, and the
PARTNERS fmancial plan and management structute for the WASH Pro~ect
H The PARTNERS aie authorized to entei mto Chis Agreement pursuant to CRS 29-
1-201 et seq. The WASH Paitneiship ts a voluntary and cooperative method to
implement the reqLiiiements outhned m the Div~sions Regulation No 61 and to provide
stormwater quality improvements withm the Boulder Creek and St Vram watersheds,
mcludmg Coal Creek and Rock Crcek
TH~REFORE, TH~ PARTNERS AGREE AS FOLLOWS:
Section 1 The Watershed A~pioach to Stream Health Program
1.01 The PARTNERS have developed the Watershed Appioach to Stream Health Plan
("Plan") , which mcludes county-wide stormwater quality programs designed to
benefit all PARTNERS and which may be modified by the PARTNERS
1 02 Tbe implementation of the Plan will fulfill the requirements of the Division's
Regulation No 61.
1 03 The Plan mcludes WASH piograms to meet the Division Regulation No. 61
Permit iequiiements, hereaftcr refeired Co as la~ Priority Programs The Plan also
mcludes programs not requiied by Division Regulation No 61, hereafter referred
to as 2"~ Prioiity Programs. These 2"`~ Priority Progiams are mtended to provide
addiYional stormwater quality benefits for all the PARTNERS.
Section 2 Steerm~Committee
2.01 The Stcermg Committee is the ofhcial management and oversight body for
implementmg Ybe Plan The Steering Committee shall consist of represenCatives
from each PARTNER and shall direct and guide the shared components of the
Plan and review and approve the Plan Budget The Steeimg Committee shall
consider Permit comphance as a primary ob~ecrive m lpprovmg Plan tasks and
correspondmg budgets.
2 02 The Steermg Committee shall peiiodically re-evaluate and make
recommendations to the PARTNERS concermng reallocat~on of Che proportions
of the annual Plan contribution that each PARTNER shall pay
2 03 The voCmg membership of the SCeermg Committee shall consist of one designated
votmg representaYive from each PARTNER An alternative votmg representaCive
may be appomted by each PARTNER
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P1ge 2 of 11
2 04 A quorum of the Stceimg Commtttce shall be achieved when at least one more
than half of the votmg tepresentatives aie piesenC at any Sleeimg Commtttee
Meeting Allhough it is anticipated that decisions will be made by group
discussion to reach general agreement, any PARTNER may iequiie that a foimal
vote be taken. A quorum must be presenl and-except foi measures requirmg a
gieater oi lesser ma~oirty under this agreement- the aff~rmative vote of aY least
two-thuds of all vohng iepresentatives present of the Steeimg Committee are
required to appiove any measuie brought to a foimal vote befoie the Steering
Commrttee.
2 OS The Steermg Committee shall have the authoiity to adopt and amend by-laws with
1 two- thuds vote of a quorum of all votmg representatives present.
2 06 The Steermg Committee sh~al be responsible foi selectmg any consultant(s) or
contractor(5) who are to be paid fiom Plan funds ("Outstde Contractoi"), and for
ieviewmg and approvmg contracts with Outside Contractars, mcludmg the
scope(s) of work, schedules of performance, use of subcontractois, and
compensation for such Outside Contractors. Award of contracts to Outside
Contractois will be admmisteied accoidmg to procedures outlmed m Section 4 of
this Agieement.
2 07 The Steermg Committee shall select an employee of a PARTNER or Outside
ConCractor to 1et as WASH Pro~ect Coordmator tor the Plan. An mdrndual
PARTNER employee selecCed as Pro~ect Coordmator shall at all times be
managed by the employee policies of such PARTNER. The WASH Pio~ect
Coordmator shall be responsible for Plan management and admmtstration, Permit
management, and technical pro~ect management all m accordance with the Plan,
Yhis Agreement, the Steering Committee's Bylaws, and as duected by the Steering
CommitCee m the best mteiesC of the PARTNERS as a whole and mdividually
The WASH Pio~ect Coordmator shall be paid from Plan funds m accordance with
the adopted Plan budget for pioviding the serv~ces described hereundei. The
WASH Pro~ect Coordmatoi shall not be responsible for providmg program
management services related Co mdividual PARTNER'S lst Ptiority programs,
but may piovide such services under a separate contract with any PARTNER or
PARTNERS if allowed by pcisonnel policies of the PARTNER where the pioject
manager position resides.
2 08 The Steermg Committee may select an attorney ("Plan Attorney") that is
experienced with the Clean Water AcY and Mumcipal Stormwater PermiCs to
provide legal advice to the Steermg Committee on specific matters mvolvmg
admmistrahon of the Plan and such other matters upon which the Steermg
Committee may seek legal advice or request legal representation Plan Attorney
shall not be responsible for providmg legal advice related to peimiY compliance to
individual PARTNERS, but may provide such servtces under separate contiact
with any PARTNER or PARTNERS. The WASH Pio~ect Coordmator may assist
m coordmation of acuvities with thc Plan Attorney but shall not give ditection
without prioi authorization from the Steermg Committee.
2 09 The Steeimg Commtttee shall establish timelmes and budgets for complehon of
Plan tasks The Steermg Committee shall rate the performance of the Plan, and m
ICA I~maID~oCt II22/2003
Page 3 oI 11
tuin rate the peiformance of the WASH Pio~ecY CoordmaCot, based tiipon these
appioved hmelmes and budgets.
2 10 The Steering Coinmtitee, through its by-laws, shall establish procedures for
tiackmg, accounlmg foi and auditing thc Plan fund.
Section 3 Plan BudQet
3.01 A collecuve budget for the shared poruons of the Plan ("Plan Budget") may be
based upon a pro~ection of two consecuuve calendar yeai cycles, however, the
Plan Budget shall be adopted for only one calendai year cycle.
3 02 Sub~ect to annual appropiiation, the PARTNERS shall each pay a yearly
assessment into a fund established for the PLAN operations foi their assigned
portion of the Plan BudgeC. The propoihonal share of the Plan BudgeY that each
PARTNER shall pay is shown m the schedule marked Exh~b~t A hereto and
mcorporated by reterence herem Nothmg m this section is mtended to create a
multi-fiscal year obhgation of any PARTNER, or a pledge or hen on any source
of funds or accounts of any PARTNER
3 03 It is the mtention of the PARTNERS that each PARTNER will fund a piorated
sbare of Chese cosls proportional to the number of residents witbm each
PARTNERS ~uusdiction as defined m Exhibrt A
3 04 Except as provided in Sectron 6 03, after all program expenses have been accrued
for each calendar year, the actual costs will be reconciled with the funds already
provided by e~tch PARTNER Any differences will be reflected m assessments
for the next calendar year If a PARTNER does not wish to participate m future
yeais, unused funds will be reimbursed or an additional payment for expenses
accrucd wili be iequested at that hme Notbmg m this section is mCended to create
a multt-fiscal year obligalion of any PARTNER, oi a pledge or lien on any soutce
of funds or accounts of any PARTNER
5ection 4 Contrachng/Fiscal Agent
4 O1 The Contrachng/Fiscal Agent shall be the treasurei of Plan funds The
Contractmg/Fiscal Agent, m accordance with generally accepted accountmg
procedures, shall keep the Plan funds segregated from any other funds
admmtstered by the Contractmg/F~scal Agent, shall credit the Plan with
appropnate interest mcome earned on Plan funds m each calendar year; and shall
not expend any funds except m accoidance with the annual Plan Budget approved
by the Steermg Committee or as otherw~se directed by the Steering Committee
4 02 Bouldei County HealYh Department shall seive as the ~mtial Contractmg/Fiscal
Agent for Che Plan
4 03 In the event that the Contrachng/Fiscal Agent wrthdraws from providing
Contrachng/Fiscal services to the Plan or the WASH Steering Commrttee chooses
to d~scontmue the services of the ContiacUng/ F~scal Agent, another PARTNER
may serve as a successoi Contracting/Fiscal Agent. One-hundred and twenty
(120) days wiitten notice shall be provided by eithei party m the event of
withdrawal or discontmuation of the services of the Contiacting/Fiscal Agent
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P1ge 4 of 11
Selection of a Contractmg/F~scal Agent must be by ma~oi7ty vote of the Steenng
Committee
4.04 The Contiactmg/Fiscal Agent shall execute contracts which have been requested
and approved by the Steermg Committee
4.05 The governmg body of the Contracting/Fiscal Agent, at its discretion, mRy
delegate the authoiity to execute agieements and contracts appioved by the
Steermg Committee to a designaCed employee. Notice of any such delegation of
authority shall be provided Co the Steermg Committee
4 06 The Contractmg/Fiscal Agent may request, as part of the annual Plan Budget,
reimbursement foi admmistraUve cosYs mcurred m piovidmg the services
descrtbed m this section and m the by-laws
Section 5 Ancillai~Riahts and Duties of the PARTNERS
5.01 In addihon to partrciparion in the Steenng Committee, each PERMITTED
PARTNER accepts and agrees to perform the followmg duties:
1 Perfoim both the operational and admimstrarive tasks idenCified m tbe Plan for
the PERMTTTED PARTNER, mcludmg implementation of 1" Priority
Programs outlmed in the Plan
2. Ensuie compliance with the terms and condihons of the Permit withm theii
iespective service areas, mcludmg the implementation and enforcement of the
Municipal Stormwater Discharge Permtt's conditions, momtormg, record
keepmg, and reportmg as required.
3 Choose to implemenY selected 2nd Prionty Programs outlmed m the Plan, as
desucd
5 02 In addition to participation in the Steeimg Committee, cach NON-PERMITTED
PARTNER may oi may not choose to implement selected piograms, both 1`t and
2nd Priority Progiams, outlmed m the Plan, as destred, mcludmg performmg both
the operational and admmistratrve tasks identified m the Plan for eacb
PARTNER
Section 6 Effective Date and Term of Agreement
6 O1 This Agreement shall take effect and commence on Januaiy 1, 2003, provided it
has been executed by a duly authorized representative of each of the PARTNERS.
6 02 The miCial term of this Agreement sball end five (5) years after the Division issues
notification of WASH PARTNER's coverage undei the Drvision's General
Perrnit
6.03 A new PARTNER may mrtiaCe its participation m Yhis AgreemenY by givmg the
Steeimg Committee aC least nmety (90) days written notice and upon a formal
vote oP the Steering CommiCtee accephng then part~ciparion Any PARTNER to
this Agreement must be a goveinment with authoiity Co enter into this Agreement
undei C.R S 29-1-201 et seq. For any new PARTNER who mrtiates participation
after Decembei 31, 2002, the Steermg Committee may request reimbursement of
a portion of WASH costs mcurred on or after January 1, 2003
IGA NmalDraC[ ~~2z~2~~3
Page 5 of 11
6.04 Any PARTNER may lermmate its pulimpahon m this Agreement by givmg the
Stcenng Commrttee at least thrity (30) days wntten notice Termmation shall
constitule foifeiture of all of the teimmaring PARTNER's shate of the Plan
Budget for the fiscal ycat m which the teimmation occurred (mcludmg both paid
and obhgated but unpatd amounts) and of the termmatmg PARTNER's share of
any unexpended, unencumbered funds remaimng from all previous fiscal years
In addition, if funds bave been appiopriated for the Plan Budget for the
succeedmg yeai and notice of termmation is not provided by December 31 of the
current calendai yeai, then the termmatmg PARTNER shall be responsible for its
share of the Plan Budget foi the succeeding calendar year The cost allocations for
the iemammg PARTNERS may be recalculated for the followmg fisc11 year by
Yhe iemammg PARTNERS w~lhout the withdrawmg PARTNER'S participahon.
Nothing m this section is mtended to create a multi-t~scal year obligation of any
PARTNER oi 1 pledge or lien on any source of funds or accounts of any
PARTNER.
Section 7 General Lepal Provisions
7 O1 This Agreement may be amended or termmated by unanimous written agreement
of the PARTNERS. All PARTNERS agree to brmg any proposed amendment to
this Agieement to their Council or Boaid, as applicable, withm thiee (3) montbs
followmg acceptance by the Steermg Committee. No Plan Budget amendment
which increases the Plan Budget will be effective untess approved by a
unammous vote of a quoium of the Steermg Committee
7A2 No PARTNER shali, by entermg mto this Agreement, participahng m the
Steermg Committee, agieemg to seive as Fiscal/Contractmg Agent or WASH
Pro~ect Coord~nator be deemed to assume responsibility foi any other
PARTNER's obligations to comply with the requirements of the Municipal
Stormwater Discharge Permit This Agreement is mtended solely for the
convemence and benefit of the PARTNERS hereto and shall not be deemed to be
for the benefit of any third party and may noC be enfoiced by any third patty,
mcludmg, buY not limited to, the US Environmental Protechon Agency, the
Drvision or any person actmg on their behalf or m their stead
7.03 Nothmg m this Agreement shall be construed to w~ive or cede any ~urisdiction
that any of the PARTNERS may possess
7 04 The term "PARTNER", as used m this Agreeinent, is not meant to indicate that
the signaYories to this Agreement consUtute a partnership, as that term is
undeistood m Che Uruform Paitnership Law, §§ 7-60-101, C R S et seq, or at
common law. Nothing m this Agreement shall create any~omt or several liability
oi ~omt and several exposure to any participatmg PARTNER foi sCalutory oi
admmistrahve violaYions associated with ~ll~cit discharges or compliance
tesponsibihties Jomt achon undei this Agreement is strictly limited to the
permtttmg, plamm~g and other related piocesses as described heiem, unless
otherwise agieed
7 05 By entermg mto this agieement, no PARTNER waives or mtends to waive, as to
any peison not a parCy to th~s Agreement, Che monetaiy limiCahons oi ~my other
tGA PmalD~af[ I/22/2004
Page 6 of ll
iights, immumCies, and protecLions which are provided to the PARTNER undei
the Coloiado Governmental Immunity Act, Seclion 24-10-101 et seq , C R S
[GA HmalDifllC V22/2003
Page 7 of 1 I
IN WITNESS WHEREOF, the PARTNERS hereto have executed this Agreement as of
the dates shown below
BOULDER COUNTY BOARD OF COMMISSIONERS
Title
ATTEST•
CITY OF BOULDER
~'~.2~ ~-.
~ ~i- L~ t Tt~mr'+~cIAGE~.
~___ _ Title
~~0 ~- Date
ATT$ST _ ~
TOWN OF ERIE
~ ~ 1
T~tle
ATTEST•
iGA HmalDr.if[ I/22I2003
Page 8 of 11
C1TY OF LONGMONT
Title
ATTEST.
TOWN OF SUPERIOR
ATTEST•
(GA FinalDmft I/22/2004
Page 9 oF I1
EXHIBIT A
WATERSHED APPROACH TO 5TREAM HEALTH (WASH) PLAN
PROPORTIONAL SHARES OF FISCAL CONTRIBUTION
BASED ON POPULATION WITHIN 2000 CENSUS DEFINED
URBANIZED AREAS
Jurisdiction Ponulation
Bouider County 22,344
Boulder 93,891
Erie 5,647
Longmont 70,525
Louisville 18,523
Superior 8,897
Pronortional Share
10.16 a/o
42.71 %
2.57 °lo
32 08%
8.43 %
405%
IGA_FinalDralt I/22/2003
Page 11 of 11