IGA; several Bouder County entities; Keep It Clean Partnership
Intergovernmental Agreement
for Implementation of the
Keep it Clean Partnership Plan
This Intergoverrunental Agreement ("Agreement"), is made and entered into this 9th day of March,
2013, by and between BOULDER COUNTY, a body politic and corporate, and the CITIES OF
BOULDER, LAFAYETTE, LONGMONT, and LOUISVILLE; and the TOWNS OF ERIE AND
SUPERIOR, each a municipal corporation, collectively known as the "KEEP IT CLEAN PART-
NERSHIP" and referred to herein individually as a "PARTY" or collectively as the "PARTIES."
RECITALS:
A. WHEREAS, the Code of Federal Regulations (CFR) Section 40 CFR 122.26 requires that oper-
ators of small municipal storm sewer systems ("MS4s") obtain permits for discharging storm-
water from their systems. The PARTIES are all small MS4 operators, as defined in the Code of
Federal Regulations. In Colorado, stormwater discharge permits are issued by the Water Quali-
ty Control Division (the "Division") of the Colorado Department of Public Health and Envi-
ronment (CDPHE) under Water Quality Control Regulation No. 61, "Colorado Discharge Per-
mit System Regulations" (CDPS). Small MS4s are covered under the Division's General Per-
mit for stormwater discharges ("MS4 permit."); and
B. WHEREAS, the PARTIES have all been issued certifications to discharge stormwater under the
general stormwater permit issued by the CDPHE; and
C. WHEREAS, the PARTIES have agreed to collaborate as the KEEP IT CLEAN PARTNER-
SHIP ("K1CP"), in jointly developing and implementing a plan to assist the PARTIES in com-
plying with the requirements of their MS4 permits and protecting water quality in the Boulder
Creek and St. Vrain Creek watersheds; and
D. WHEREAS, on January 23, 2003, the initial Intergovernmental Agreement ("IGA") for
implementation of the WATERSHED APPROACH TO STREAM HEALTH ("WASH," which
subsequently became the KICP) Plan was entered into by and between Boulder County; the
cities of Boulder, Longmont, and Louisville; and the towns of Erie and Superior (the "2003
WASH IGA"); and
E. WHEREAS, on January 1, 2008, the second IGA became effective for a term of five years; and
F. WHEREAS, on April 1, 2011, the third IGA became effective with the inclusion of the City of
Lafayette; and
G. WHEREAS, the PARTIES are individually responsible for ensuring compliance with the terms
and conditions of their MS4 permits within their respective jurisdictions; and
H. WHEREAS, the PARTIES are authorized to enter into this Agreement pursuant to Colorado
Revised Statutes (C.R.S.) §24-1-201, et seq.
Keep it Clean Partnership IGA Page 1 of 12 January 2013
NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:
SECTION 1. The Keep it Clean Partnership and Keep it Clean Partnership Plan
1.01 The PARTIES will participate in the KICP to jointly identify and address stormwater quality
requirements in each of their MS4 permits.
1.02 The PARTIES will participate in implementation of the KICP Plan ("the Plan"). The Plan is
developed and maintained by the PARTIES and identifies the joint activities and programs
that can help meet the minimum control measures ("MCM's") in the PARTIES' respective
MS4 permits and, if agreed upon by the PARTIES, may also address other storlnwater-related
water quality issues in the PARTIES' jurisdictions. The Plan will be periodically revised by
the PARTIES to reflect changes in MS4 permit requirements or new or modified strategies or
programs agreed to by the PARTIES. Revisions to the Plan will be approved by all of the
members of the Steering Committee as defined in Section 2 of this Agreement.
1.03 In implementing the Plan, the PARTIES will jointly develop annual work plans and budgets,
identify funding needs and apportionment of funds, and define and maintain a management
structure for the KICP.
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 of the PARTIES and
shall direct and guide the shared components of the Plan and review and approve a collective
budget for the shared portions of the Plan ("Plan Budget"). The Steering Committee shall
consider permit compliance as a primary objective in approving Plan tasks and corresponding
budgets.
2.02 The Steering Committee shall periodically re-evaluate the implementation of the Plan and de-
termine the annual contributions of each PARTY in funding the Plan and related administra-
tive costs.
2.03 The voting membership of the Steering Committee shall consist of one designated voting rep-
resentative from each of the PARTIES. An alternate voting representative may be appointed
by each of the PARTIES.
2.04 A quorum of the Steering Committee shall consist of more than fifty percent of the voting
membership. Although it is anticipated that decisions will be made by group discussion to
reach general agreement, any of the PARTIES may require that a formal vote be taken. A
formal vote requires that a quorum must be present, and except for measures requiring a
greater or lesser majority under this Agreement, the affirmative 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 contractor(s) to
be paid from Plan funds ("Outside Contractor"), and for reviewing and approving contracts
with Outside Contractors, including the scope(s) of work, schedules of performance, use of
subcontractors, and compensation for such Outside Contractors. Award of contracts to Out-
side Contractors will be administered according to procedures outlined in Section 4.02 and
4.03 of this Agreement.
2.07 The Steering Committee shall select an employee of one of the PARTIES or an Outside Con-
tractor to act as KICP Coordinator ("Coordinator") for the Plan. An individual employee se-
lected as the Coordinator shall at all times be managed by the employee policies of the respec-
Keep it Clean Partnership IGA Page 2 of 12 January 2013
tive PARTY. The Coordinator shall be responsible for Plan management and administration
and technical project management in accordance with the Plan, this Agreement, the Steering
Committee's bylaws, and as directed by the Steering Committee in the best interest of the
PARTIES as a whole and individually. The Coordinator shall be paid from Plan funds in ac-
cordance with the adopted Plan Budget for providing the services described hereunder. The
Coordinator shall not be responsible for providing program management services related to
individual PARTY'S KICP Plan programs, but may provide such services under a separate
contract with any one or more of the PARTIES if allowed by personnel policies of the PAR-
TY employing the Coordinator.
2.08 The Steering Committee shall establish timelines and budgets for completion of Plan tasks.
The Steering Committee shall periodically evaluate the Plan and the performance of the activ-
ities and programs in the Plan, including those performed by Outside Contractors, in meeting
the goals and objectives of the KICP. The Plan and Plan Budget will be revised as necessary
to meet the goals and objectives.
2.09 The Steering Committee shall annually rate the performance of the Coordinator in managing
the Plan, including directing the activities defined in the Plan, coordinating the PARTIES'
joint responsibilities and meeting the timelines and Plan Budget. If the Coordinator is an em-
ployee of one of the PARTIES, the Steering Committee's rating shall be submitted to that
PARTY for consideration in the performance review of the Coordinator.
2.10 The Steering Corrunittee, through its bylaws, shall establish procedures for tracking, account-
ing for, and auditing the Plan funds.
SECTION 3. Plan Budget
3.01 The PARTIES will jointly develop and fund a Plan Budget to implement the Plan. The Plan
Budget may be based upon a projection of two consecutive calendar year cycles, but shall be
adopted for only one calendar year cycle.
3.02 Subject to annual appropriation, the PARTIES shall each pay a yearly assessment into a fund
established for the Plan operations for their assigned portion of the then current year Plan
Budget. The share of the Plan Budget that each PARTY shall pay is the prorated share of the
costs proportional to the population within each PARTY'S pennitted area based on the most
current U.S. Census Bureau Population Estimates.
3.03 In addition to the Plan Budget, individual PARTIES may also contract for additional services
through the KICP if the additional administrative fees are also allocated from the requesting
PARTY.
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 already pro-
vided by each PARTY. Any differences will be reflected in assessments for the next calendar
year.
3.05 Nothing in this Agreement is intended to create a multiple year fiscal obligation of any PAR-
TY, or a pledge or lien on any source of funds or accounts of any PARTY.
SECTION 4. Contracting/Fiscal Agent
4.01 The Contracting/Fiseal 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/ Fiscal Agent; shall
credit the Plan with appropriate interest income earned on Plan funds in each calendar 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.
Keep it Clean Partnership IGA Page 3 of 12 January 2013
4.02 Unless otherwise decided by a majority vote of the Steering Committee, or as otherwise out-
lined in this Agreement, BOULDER COUNTY PUBLIC HEALTH ("BCPH") shall serve as
the Contracting/Fiscal Agent for the Plan.
4.03 In the event that the Contracting/Fiscal Agent withdraws from providing Contracting/Fiscal
services to the Plan or the Steering Committee chooses to discontinue the services of the Con-
tracting/Fiscal Agent, another PARTY may serve as a successor Contracting/Fiseal Agent.
One hundred and twenty (120) days written notice shall be provided to the PARTIES in the
event of withdrawal or discontinuation of the services of the Contracting/Fiscal Agent. Selec-
tion of a Contracting/Fiscal Agent must be by majority vote of the Steering Committee.
4.04 The Contracting/Fiscal 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 au-
thority to execute agreements and contracts approved by the Steering Committee to a desig-
nated employee. Notice of any such delegation of authority shall be provided to the Steering
Committee.
4.06 The Contracting/Fiscat Agent may request, as part of the annual Plan Budget, reimbursement
for administrative costs incurred in providing the services described in this section and in the
bylaws.
SECTION 5. Ancillary Rights and Duties of the PARTIES
5.01 In addition to participation in the Steering Committee, each PARTY accepts and agrees to
perform the operational and administrative tasks specific to the PARTY identified in the Plan.
SECTION 6. Effective Date and Term of Agreement
6.01 This Agreement shall take effect and commence on March 9, 2013, provided it has been exe-
cuted by a duly authorized representative of each of the PARTIES. This Agreement super-
sedes and replaces any prior KICP agreements between the PARTIES.
6.02 The initial term of this Agreement shall be for five years from the date of its execution. After
the initial term, this Agreement shall be automatically renewed for an additional five-year
term, unless terminated as provided in Section 6.04.
6.03 A new PARTY may initiate its participation in this Agreement by giving the Steering Com-
mittee at least ninety (90) days' written notice and upon a formal vote of the Steering Com-
mittee accepting their participation. Any PARTY 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. A new PARTY shall be admitted
to participation only upon approval of the Steering Committee, under such conditions as the
Steering Committee in each case or from time-to-time establishes in furtherance of the pur-
poses and provisions of this Agreement.
6.04 Any PARTY may terminate its participation in this Agreement by giving the Steering Com-
mittee at least thirty (30) days' written notice. Termination shall constitute forfeiture of the
terminating PARTY'S entire share of the Plan Budget for the fiscal year in which the termina-
tion occurred (including both paid and obligated but unpaid amounts) and of the terminating
PARTY'S share of any unexpended, unencumbered funds remaining from all previous fiscal
years. The cost allocations for the remaining PARTIES shall be recalculated for the following
fiscal year by the remaining PARTIES without the withdrawing PARTY'S participation.
SECTION 7. General Legal Provisions
Keep it Clean Partnership 1GA Page 4 of 12 January 20 t3
7.01 This Agreement may be amended or terminated by unanimous written agreement of the
PARTIES. All PARTIES agree to submit to their Council or Board for approval of any pro-
posed amendments to this Agreement, as applicable, within three (3) months following ac-
ceptance 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 Steering
Committee.
7.02 No PARTY shall, by entering into this Agreement, participating in the Steering Committee, or
agreeing to serve as Fiscal/Contracting Agent or Coordinator, be deemed to assume responsi-
bility for any other PARTY'S obligations to comply with the requirements of the that PAR-
TY'S MS4 permit. This Agreement is intended solely for the convenience and benefit of the
PARTIES 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 Protec-
tion Agency, 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
PARTIES may possess.
7.04 Nothing in this Agreement shall create any joint or several liability or joint and several expo-
sure to any participating PARTY for statutory or administrative violations associated with il-
licit 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 PARTY waives or intends to waive, as to any person not
a party to this Agreement, the monetary limitations or any other rights, immunities, and pro-
tections which are provided to the PARTY under the Colorado Governmental Immunity Act,
Section 24-10-101, et seq., C.R.S.
7.06 This Agreement may be executed in any number of counterparts each of which, when taken
together, shall constitute one agreement. This Agreement shall only be effective when coun-
terparts are signed by all the PARTIES.
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown
below.
Keep it Clean Partnenhip IGA Page 5 of 12 January 201 3
BOULDER COUNTY , j Cindy Domenico
66h-air, Board of Title
oun y Commissioners
O~;q 07 112, Date
ATTEST:
Cie-L, n 4,0 1 A - 0-t av- 4o 41,, 80a4
Kcep it C'Ican Partnership MA Page 6 ol' 12 Januan 2013
CITY OF BOULDER
Signature
Jane S. Brautigam Name
City Manager Title
Date
ATTEST:
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,Act- G~
Kola it Clean Parulembip IGA Page 7 of 12 January 2011
TOWN OF ERIE ~
Title
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Keep it Clan Partnership [OA page 8 or 12 January 2013
CITY OF LAFAYETTE
Carolyn D. Cutler, Mayor
Februwy 1_9, 2013
ATTEST:
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Sus, n Koster, CIVIC
City Clerk c.,\
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CITY OF LONGMONT
Title
Date
ATTEST:
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Keep it Clean Partnership ICA Page L0 of 12 January 20 L3
MAYOR
ATTEST:
CITY CLERK
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APPROVED AS TO FORM:
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ASSISTANT CITY ATTORNEY DATE
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PROOFREAD DATE
APPROVED AS TO FORM AND SUBSTANCE:
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ORIGINATING DEPAR MENT DAT
CA File: 9023
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Keep it €:Ican Pamiership IGn Page I I of 12 January 2013
TOWN OF 5UPER10
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January 14, 2013 Date
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Keep it Clean Partnership 1GA Page 12 of 12 January 2013
Contract Tracking IGA > Thank You Page 1 of 1
CONDITIONAL
Document Routing Cover Sheet
Please print and attach to your document,
You can view the status of your contract using the Contract Tracking Status Page.
Routing Number 20130220-8209
Originating Dept Public Works
Routing Contact Person Donna Scott Phone Number 303 413 7364
Project Manager / Contract Donna Scott Email scottd@bouldercolorado.gov
Administrator
Counter Parties Boulder County and City of Boulder
Contract Title / Type IGA
Number Ordinance No. 7886
Description IGA for Implementation of Keep It Clean Partnership (KICP) Plan dated March 9, 2013 between
Boulder County and the cities of Boulder (and Lafayette, Longmont, Louisville, Erie and Superior)
and outlines the implemention of regional stormwater and water quality management programs
and cost sharing structure. Council approved IGA through the adoption of Ordinance No. 7886.
Action Items
Date Note ~L .1 vf- U (F• y t k lfw ~
(2) 501 ST- . -5& t 0i AL E 'thf U44 N 5'1 ~A V ~
(3) F C~)!E 5 Cf Its ' b L . d1 t .
Expiration Date 03/09/2018
Amount Expense Type OUTGOING
• Dept. Head Signature L
NOTE; Originating Departme dentify with a check mark all areas document needs to be routed.
• Purchasing
• Budget
• Sales Tax-
• CAO
• City Manager
• Central Records p
A link to the electronic copy of the document(s) will arrive via e-mail to the e-mail addresses on the routing form
once document has been scanned into Laserl'iche.
Contract Tracking Home I Sionature Routinq Form I Track Contract Status I Update Contract Status
http://intraweb.ci.boulder.co.us/ContraetTracking/servlet/Controller 2/20/2013