IGA; several entities; Keep it Clean Partnership Plan; Exp 3/10/2013
Intergovernmental Agreement
for Implementation of the
Keep it Clean Partnership Plan
This Agreement, is made and entered into this I" day of April, 2011, by and between BOULD-
ER COUNTY, a body politic and corporate, and the CITIES OF BOULDER, LAFAYETTE,
LONGMONT, and LOUISVILLE; and the TOWNS OF ERIE AND SUPERIOR, each a munic-
ipal corporation (the county, cities, or towns may be referred to hereinafter individually as
"PARTNER" or jointly as "PARTNERS or PARTNERSHIP").
RECITALS:
A. In 1999, the Watershed Approach to Stream Health ("WASH") Project was funded from
the U.S. Environmental Protection Agency (EPA) Clean Water Act Section 104(b)(3) Wa-
ter 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 coordination of jurisdictions within the watershed to facilitate initial explorato-
ry meetings of potential participants in the project.
B. The PARTNERS are committed to the protection of stormwater quality within the Boulder
Creek and St. Vrain watersheds, including Coal and Rock Creek, to meet both regulatory
and community goals. The WASH Project was developed to provide a forum to identify
these management and data gaps, create workable solutions for filling the gaps, and imple-
ment a county-wide system of sharing and using stormwater quality data and management
approaches to improve stormwater quality in Boulder County.
C. An Intergovernmental Agreement (IGA) for implementation of the WASH Plan was en-
tered into on the 23rd day of January 2003 by and between Boulder County; the cities of
Boulder, Longmont, and Louisville; and the towns of Erie and Superior (the "2003 WASH
IGA"). This Agreement set forth the commitment by the Partners to the WASH Plan, to
the financial plan, and to the management structure for the WASH Project.
D. In 2006, the WASH Project changed the Partnership's name to the Keep it Clean Partner-
ship (KICP) to better align with the marketing tools that had been developed since its in-
ception.
E. Code of Federal Regulations (CFR) Section 40 CFR 122.26 requires that stormwater dis-
charges from certain types of facilities be authorized under stormwater discharge permits.
The goal of the stormwater permits program is to reduce the amount of pollutants entering
streams, lakes, and rivers as a result of runoff from residential, commercial, and industrial
areas.
F. In Colorado, stormwater discharge permits are issued by the Colorado Department of Pub-
lic Health and Environment (CDPHE), Water Quality Control Division (the "Division").
Such permits are part of the Colorado Discharge Permit System (CDPS) under Division
Regulation No. 61. The Phase II Municipal Separate Storm Sewer Systems ("MS4s") are
covered under the Division's General Permit for stormwater discharges.
G. A PARTNER is an active, supporting member of the Keep it Clean Partnership. A PER-
MITTED PARTNER is a Keep it Clean Partnership Partner designated by the Division to
meet Phase II stormwater quality permitting requirements. PERMITTED PARTNERS in-
clude the City of Boulder, Boulder County, City of Lafayette, City of Longmont, City of
Louisville, Town of Erie, and Town of Superior. A NON-PERMITTED PARTNER is a
Keep it Clean Partnership Partner that is not designated by the Division to meet Phase II
stormwater quality permitting requirements. The PERMITTED PARTNERS will submit
applications for coverage under the Division's General Permit (the "Permit").
H. The Keep it Clean Partnership Plan was developed by the PARTNERS to outline the pro-
grams required to meet the six minimum control measures ("MCM's") defined in the Divi-
sion's Regulation No. 61, additional measures designed to improve stormwater quality, and
the PARTNERS' financial plan and management structure for the Keep it Clean Partner-
ship.
1. The PARTNERS are authorized to enter into this Agreement pursuant to Colorado Revised
Statutes (C.R.S.) Section §29-1-201, et. seq. The Keep it Clean Partnership is a voluntary
and cooperative method to implement the requirements outlined in the Division's Regula-
tion No. 61 and to provide for joint approaches and methods to address stormwater-related
pollution, and as a result, improve water quality within the Boulder Creek and St. Vrain
watersheds, including Coal Creek and Rock Creek.
J. The 2003 WASH IGA had an initial term of five (5) years and the PARTNERS desire to
enter into this Intergovernmental Agreement for the Keep it Clean Partnership.
K. The 2008 KICP IGA became effective on January 1, 2008, for a term of five years. The
City of Lafayette requested to join the Keep it Clean Partnership in January 2011, and the
existing PARTNERS are in agreement that the City of Lafayette should be added as a Part-
ner to the KICP IGA.
THEREFORE, THE PARTNERS HEREBY AGREE AS FOLLOWS:
SECTION 1. The Keep it Clean Partnership
1.01 The PARTNERS have developed the Keep it Clean Partnership Plan (the "Plan"), which
includes county-wide stormwater quality programs designed to benefit all PARTNERS
and which may be modified by the PARTNERS.
1.02 The implementation of the Plan will at a minimum fulfill the requirements of the Divi-
sion's Regulation No. 61.
SECTION 2. Steering Committee
2.01 The Steering Committee is the official management and oversight body for implementing
the Plan. The Steering Committee shall consist of representatives from each PARTNER
and shall direct and guide the shared components of the Plan and review and approve the
Plan Budget. The Steering Committee shall consider permit compliance as a primary ob-
jective in approving Plan tasks and corresponding budgets.
2.02 The Steering Committee shall periodically re-evaluate and make recommendations to the
PARTNERS concerning reallocation of the proportions of the annual Plan contribution
that each PARTNER shall pay.
2.03 The voting membership of the Steering Committee shall consist of one designated voting
representative from each PARTNER. An alternative voting representative may be ap-
pointed by each PARTNER.
2.04 A quorum of the Steering Committee shall be achieved when at least one more than half
of the voting representatives are present at any Steering Committee meeting. Although it
is anticipated that decisions will be made by group discussion to reach general agreement,
any PARTNER may require that a formal vote be taken. A quorum must be present, and
except for measures requiring a greater or lesser majority under this Agreement, the af-
firmative vote of at least two-thirds of all voting representatives present of the Steering
Committee shall be required to approve any measure brought to a formal vote before the
Steering Committee.
2.05 The Steering Committee shall have the authority to adopt and amend bylaws with a two-
thirds vote of a quorum of all voting representatives present.
2.06 The Steering Committee shall be responsible for selecting any consultant(s) or contrac-
tor(s) to be paid from Plan funds ("Outside Contractor"), and for reviewing and approv-
ing contracts with Outside Contractors, including the scope(s) of work, schedules of per-
formance, use of subcontractors, and compensation for such Outside Contractors. Award
of contracts to Outside Contractors will be administered according to procedures outlined
in Section 4 of this Agreement.
2.07 The Steering Committee shall select an employee of a PARTNER or Outside Contractor
to act as Keep it Clean Partnership Coordinator for the Plan. An individual PARTNER
employee selected as Partnership Coordinator shall at all times be managed by the em-
ployee policies of such PARTNER. The Keep it Clean Partnership Coordinator shall be
responsible for Plan management and administration, permit management, and technical
project management all in accordance with the Plan, this Agreement, the Steering Com-
mittee's bylaws, and as directed by the Steering Committee in the best interest of the
PARTNERS as a whole and individually. The Keep it Clean Partnership Coordinator
shall be paid from Plan funds in accordance with the adopted Plan budget for providing
the services described hereunder. The Keep it Clean Partnership Coordinator shall not be
responsible for providing program management services related to individual PART-
NER'S Keep it Clean Partnership Plan programs, but may provide such services under a
separate contract with any PARTNER or PARTNERS if allowed by personnel policies of
the PARTNER where the Partnership Coordinator position resides.
2.08 The Steering Committee may select an attorney ("Plan Attorney") that is experienced
with the Clean Water Act and municipal stormwater permits to provide legal advice to
the Steering Committee on specific matters involving administration of the Plan and such
other matters upon which the Steering Committee may seek legal advice or request legal
representation. The Plan Attorney shall not be responsible for providing legal advice re-
lated to permit compliance to individual PARTNERS, but may provide such services un-
der separate contract with any PARTNER or PARTNERS. The Keep it Clean Partner-
ship Coordinator may assist in coordination of activities with the Plan Attorney, but shall
not give direction without prior authorization from the Steering Committee.
2.09 The Steering Committee shall establish timelines and budgets for completion of Plan
tasks. The Steering Committee shall rate the performance of the Plan, and in turn rate the
performance of the Keep it Clean Partnership Coordinator, based upon these approved
timelines and budgets.
2.10 The Steering Committee, through its bylaws, shall establish procedures for tracking, ac-
counting for, and auditing the Plan fund.
SECTION 3. Plan Budget
3.01 A collective budget for the shared portions of the Plan (the "Plan Budget") may be based
upon a projection of two consecutive calendar year cycles; however, the Plan Budget
shall be adopted for only one calendar year cycle.
3.02 Subject to annual appropriation, the PARTNERS shall each pay a yearly assessment into
a fund established for the Plan operations for their assigned portion of the Plan Budget.
The proportional share of the Plan Budget that each PARTNER shall pay is shown in the
schedule marked Exhibit A hereto and incorporated by reference herein.
3.03 It is the intention of the PARTNERS that each PARTNER will fund a prorated share of
these costs proportional to the number of residents within each PARTNER'S jurisdiction,
as defined in Exhibit A.
3.04 Except as provided in Section 6.03 of this Agreement, after all program expenses have
been accrued for each calendar year, the actual costs will be reconciled with the funds al-
ready provided by each PARTNER. Any differences will be reflected in assessments for
the next calendar year. If a PARTNER does not wish to participate in future years, un-
used funds will be reimbursed or an additional payment for expenses accrued will be re-
quested at that time.
3.05 Nothing in this Agreement is intended to create a multi-fiscal year obligation of any
PARTNER, or a pledge or lien on any source of funds or accounts of any PARTNER.
SECTION 4. Contracting/Fiscal Agent
4.01 The Contracting/Fiscal Agent shall be the treasurer of Plan funds. The Contracting/Fiscal
Agent, in accordance with generally accepted accounting procedures, shall keep the Plan
funds segregated from any other funds administered by the Contracting/Fiseal Agent;
shall credit the Plan with appropriate interest income earned on Plan funds in each calen-
dar year; and shall not expend any funds except in accordance with the annual Plan
Budget approved by the Steering Committee or as otherwise directed by the Steering
Committee.
4.02 Boulder County Public Health shall serve as the Contracting/Fiscal Agent for the Plan.
4.03 In the event that the Contracting/Fiscal Agent withdraws from providing Contract-
ing/Fiscal services to the Plan or the Keep it Clean Partnership Steering Committee
chooses to discontinue the services of the Contracting/Fiscal Agent, another PARTNER
may serve as a successor Contracting/Fiscal Agent. One hundred and twenty (120) days
written notice shall be provided by either party in the event of withdrawal or discontinua-
tion of the services of the Contracting/Fiscal Agent. Selection of a Contracting/Fiscal
Agent must be by majority vote of the Steering Committee.
4.04 The Contracti ng/Fi seal Agent shall execute contracts, which have been requested and ap-
proved by the Steering Committee.
4.05 The governing body of the Contracting/Fiscal Agent, at its discretion, may delegate the
authority to execute agreements and contracts approved by the Steering Committee to a
designated employee. Notice of any such delegation of authority shall be provided to the
Steering Committee.
4.06 The Contracting/Fiscal Agent may request, as part of the annual Plan Budget, reim-
bursement for administrative costs incurred in providing the services described in this
section and in the bylaws.
SECTION 5. Ancillary Rights and Duties of the PARTNERS
5.01 In addition to participation in the Steering Committee, each PERMITTED PARTNER
accepts and agrees to perform the following duties:
1. Perform both the operational and administrative tasks identified in the Plan for the
PERMITTED PARTNER.
2. Ensure compliance with the terms and conditions of the Permit within their respective
service areas, including the implementation and enforcement of the Municipal
Stormwater Discharge Permit's conditions, monitoring, record keeping, and reporting
(as required).
5.02 In addition to participation in the Steering Committee, each NON-PERMITTED PART-
NER may or may not choose to implement selected programs, outlined in the Plan, as de-
sired, including performing both the operational and administrative tasks identified in the
Plan for each PARTNER.
SECTION 6. Effective Date and Term of Agreement
6.01 This Agreement shall take effect and commence on April 1, 2011, provided it has been
executed by a duly authorized representative of each of the PARTNERS. Upon effec-
tiveness of this Agreement, the 2008 KICP IGA shall be tenninated and will no longer be
in further force or effect.
6.02 The term of this Agreement shall end on March 10, 2013, after the Division issues noti-
fication of Keep it Clean Partnership's PARTNER'S coverage under the Division's Gen-
eral Permit.
6.03 A new PARTNER may initiate its participation in this Agreement by giving the Steering
Committee at least ninety (90) days written notice and upon a formal vote of the Steering
Committee accepting their participation. Any PARTNER to this Agreement must be a
governmental agency with authority to enter into this Agreement under C.R.S. §29-1-201
et seq and must execute this Agreement prior to commencing participation.
6.04 Any PARTNER may terminate its participation in this Agreement by giving the Steering
Committee at least thirty (30) days written notice. Termination shall constitute forfeiture
of all of the terminating PARTNER'S share of the Plan Budget for the fiscal year in
which the termination occurred (including both paid and obligated but unpaid amounts)
and of the terminating PARTNER'S share of any unexpended, unencumbered funds re-
maining from all previous fiscal years. In addition, if funds have been appropriated for
the Plan Budget for the succeeding year and notice of termination is not provided by De-
cember 31 of the current calendar year, then the terminating PARTNER shall be respon-
sible for its share of the Plan Budget for the succeeding calendar year. The cost alloca-
tions for the remaining PARTNERS may be recalculated for the following fiscal year by
the remaining PARTNERS without the withdrawing PARTNER'S participation.
SECTION 7. General Legal Provisions
7.01 This Agreement may be amended or terminated by unanimous written agreement of the
PARTNERS. All PARTNERS agree to bring any proposed amendment to this Agree-
ment to their Council or Board, as applicable, within three (3) months following accep-
tance by the Steering Committee. No Plan Budget amendment which increases the Plan
Budget will be effective unless approved by a unanimous vote of a quorum of the Steer-
ing Committee.
7.02 No PARTNER shall, by entering into this Agreement, participating in the Steering Com-
mittee, or agreeing to serve as Fiscal/Contracting Agent or Keep it Clean Partnership
Coordinator, be deemed to assume responsibility for any other PARTNER'S obligations
to comply with the requirements of the Municipal Stormwater Discharge Permit. This
Agreement is intended solely for the convenience and benefit of the PARTNERS hereto
and shall not be deemed to be for the benefit of any third party and may not be enforced
by any third party, including, but not limited to, the U.S. Environmental Protection Agen-
cy, the Division, or any person acting on their behalf or in their stead.
7.03 Nothing in this Agreement shall be construed to waive or cede any jurisdiction that any
of the PARTNERS may possess.
7.04 The term "PARTNER," as used in this Agreement, is not meant to indicate that the signa-
tories to this Agreement constitute a partnership, as that term is understood in the Uni-
form Partnership Law, §7-60-101, C.R.S. et seq, or at common law. Nothing in this
Agreement shall create any joint or several liability or joint and several exposure to any
participating PARTNER for statutory or administrative violations associated with illicit
discharges or compliance responsibilities. Joint action under this Agreement is strictly
limited to the permitting, planning, and other related processes as described herein, unless
otherwise agreed.
7.05 By entering into this Agreement, no PARTNER waives or intends to waive, as to any
person not a party to this Agreement, the monetary limitations or any other rights, im-
munities, and protections which are provided to the PARTNER under the Colorado Go-
vernmental Immunity Act, Section 24-10-101 et seq., C.R.S.
IN WITNESS WHEREOF, the PARTNERS hereto have executed this Agreement as of the dates
shown below.
BOULDER COUNTY
Title
Date
ATTEST:
CITY OF BOULDER
Title
Date
ATTES" ( ~
r APPROVED AS TO FORM
OFFICE OF THE CITY ATTORNEY
~ A
`f
TOWN OF ERIE
Title
Date
ATTEST:
CITY OF LAFAYETTE
Title
Date
ATTEST:
CITY OF LONGMONT
Title
Date
ATTEST:
CITY OF LOUISVILLE
Title
Date
ATTEST:
'f O WN OF SUPERIOR
Title
Date
ATTEST:
EXHIBIT A
Keep it Clean Partnership Plan
Proportional Shares of Fiscal Contribution
Jurisdiction Population Proportional Share
Boulder County 22,469 8.6%
Boulder 91,685 35.1%
Erie 12,351 4.7%
Lafayette 23,884 9.2%
Longmont 81,818 31.4%
Louisville 18,358 7.0%
Superior 10,308 4.0%
Source: U.S. Census Bureau, 2005 Population Estimates, Census 2000, 1990 Census
I ATTACHMENT A
2 ORDINANCE NO. 7789
3 AN ORDINANCE ADOPTING THE KEEP IT CLEAN PLAN
4 INTERGOVERNMENTAL AGREEMENT AMONG BOULDER
COUNTY, THE CITIES OF BOULDER, LAFAYETTE,
5 LONGMONT, AND LOUISVILLE, AND THE TOWNS OF
6 ERIE AND SUPERIOR, AND SETTING FORTH RELATED
DETAILS.
7
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
8
9 COLORADO:
10 Section 1. The City Council hereby adopts and approves the intergovernmental
I 1 agreement, titled "Intergovernmental Agreement for Implementation of the Keep it Clean Plan,"
12 included as Exhibit A and incorporated herein by this reference.
13
Section 2. The mayor is directed to sign the Keep it Clean Plan Intergovernmental Agreement.
14
15 Section 3. This ordinance is necessary to protect the public health, safety, and welfare of
16 the residents of the city, and covers matters of local concern.
17 Section 4. The City Council deems it appropriate that this ordinance be published by title
18 only and orders that copies of this ordinance be made available in the office of the city clerk for
19
public inspection and acquisition.
20
21 INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
22 TITLE ONLY this day of 2011.
23 By:
24 Mayor
25 Attest:
26
City Clerk on behalf of the
27 Director of Finance and Record
28
G:IKEEP it CLE{AN\IGA\2011 IGA\Ord - to approve 2011 KICP IGA-.doc Ager
I READ ON SECOND READING, PASSED, ADOPTED, AND ORDERED
2 PUBLISHED BY TITLE ONLY this day of 2011.
3
4
5 By:
6 Mayor
7
Attest:
8
9
10
City Clerk on behalf of the
11 Director of Finance and Record
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GAKEEP it CLEAN\IGA\2011 IGA\Ord - to approve 2011 K1CP IGA-.doo Agei
Contract Tracking > Thank You Page 1 of 1
STANDARD OFFICE OF THE
C►T`' 4TTORNEY
Contract Routing Cover Sheet i r 2011
Please print and attach to your document
You can view the status of your contract using the Contract Tracking Status PagJO'
Routing Number 20110622-6550
Originating Dept Public Works
Contact Person Donna Scott Phone Number 303-413-7364
Project Manager / Contract Donna Scott E-mail scottd@bouldercolorado.gov
Administrator
Counter Parties Boulder County
Contract Title / Type Intergovernmental Agreement
Number IGA/Ord 7789
Description Update the IGA between the City of Boulder, Boulder County to implement the Keep it Clean
Partnership (KICP) Plan for stormwater management to meet federal and state discharge
regulations. The IGA updated to include Lafayette into the partnership. Approved through
ordinance No. 7789 May 3, 2011
Special Instructions Sign two originals: 1) to Central Records; 2) to Donna Scott (Project Manager) @ 75th Street
WWTP for delivery to Boulder County
Amount N/A Expense Type OUTGOING
• Dept. Head Signature ' 1 I
NOTE; Originating Department: Identify with a check mark all areas document needs to be routed.
• Purchasing
• Budget
• Sales Tax ttt
I
• AO
il r /r~ Jr
• ity Manager
• Central Records 1 I
1 ~r V
y
Contract Tracking Home I Signature Routing Form I Track Contract Status I Update Contract Status
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