4. Interlocal Agreement - City and MDT - MS4 Stormwater PermitREPORT TO: Mayor and City Council
FROM: James C. Hansz, P.E., Director of Public Warps
SUBJECT: City/MDT MS4 Stormwater Interlocal Agreement
MEETING DATE: 17 May 2010
BACKGROUND: The City is required to implement stormwater management and control systems in
conformance with NIDEQ-administered MS4 requirements specified in its MS4 operating permit. The
Montana Department of Transportation must also comply with the same MS4 regulations. With the
encouragement of MDEQ, the City and MDT have been partners in the joint permitting process for the
City and those NIDT facilities (roadways and drainage systems) inside the City. This partnership has
reduced the administrative burden of all three agencies and facilitated the progress of the City and MDT
toward achieving the water quality goals that inspired the MS4 program.
The attached City/MDT Interlocal Agreement must be renewed each time the MS4 permit is
renewed. The duration of the agreement is through calendar year 2014. The City Attorney has reviewed
the agreement and found it to be acceptable in form and content. The only changes are the inclusion of the
current requirements for non-discrimination and the new annual permit fee schedule.
RECOMMENDATION: Approve renewal of the City/MDT MS4 Interlocal Agreement.
ACTION REQUESTED: AT MEETING of MAY 17TH — MOTION To APPROVE RENEWAL
OF THE CITY/MDT MS4 INTERLOCAL AGREEMENT.
FISCAL EFFECTS: Annual expenditure of permit renewal fees.
ALTERNATIVES: As suggested by the City Council
Respectfully submitted,
C
C. Hansz, P.E. Jane Howington
Director of Public Works / Ci gineer City Manager
Attachment: City/MDT Interlocal Agreement
a
Montana Department of Transportation
serving yaurv"pride 2701 Prospect Avenue
PO Box 201001
Helena MT 59620-1001
April 28, 2010
Susie Turner, Senior Civil Engineer
City of Kalispell
201 First Avenue East
Po Box 1997
Kalispell, MT 59901
Subject: Interlocal Agreement
Ms. Turner:
Jim Lynch, Director
Brian Schweitzer, Governor
Please find enclosed three copies of the Interlocal Agreement between the City of Kalispell and
MDT for the Kalispell Small MS4. once the City has signed the agreements, please return all
documents back to the Department for final signature. We will return two original signed
documents to the City for your files.
If you have any questions or require additional information please contact Kraig McLeod at
(406) 444-6256 or krmcleod@mt.gov.
;l
Roy A. Peterson, P.E.
Consultant Plans Engineer
Attachments
RAP: kcm:INTERLoCAL AGREEMENTS TO KALISPELL
copies:
Douglas D. Moeller, District Administrator, Missoula District
Tom S . Martin, P.E., Chief, Environmental Services Bureau
Heidy Bruner, P.E., Engineering Section Supervisor, Environmental
Services Bureau
Dan Ham, Missoula Environmental Engineering Specialist
Tim J. Conway, P.E., Consultant Design Engineer
Environmental Services Bureau File
w/ attachment (1 copy)
w/ attachment (1 copy)
Consultant Design Bureau Engineering Division
Phone: (406) 444-6209 An Equal Opportunity Employer TTY: f800) 335-7592
Fax: (406] 444-6253 Web Page: www.mdt,mt.gov
Vj[
City of Kalispell
Montana Department of Transportation
MPDES SMALL MS4 STORM WATER CO -PERMIT
WHEREAS, Title 7, Chapter 11, Part 1, M.C.A., known as the "Interlocal Cooperation
Act", permits govermnental units to make the most efficient use of their powers by enabling
them to cooperate with other local governmental units on a basis of mutual advantage and
thereby to provide services and facilities in a planner and pursuant to forms of governmental
organization that will accord best with geographic, economic, population, and other factors
influencing the needs and development of local communities; and
WHEREAS, said Act provides that an Interlocal agreement may be authorized and
approved by the governing body of each party to said contract; and
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 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 reference its program as the Montana Pollution Discharge Elimination System
(MPDES);
WHEREAS, on October 8, 2009, the MDEQ notified the City of Kalispell (City) that the
City and Montana Department of Transportation (MDT) are charged with the responsibility to
renew the Small MS4 permit either together or separately by December 1, 2009, and to develop a
plan or plans over the 5-year term of the permit for implementing and enforcing a Storm water
Management Program for the Kalispell City Limits;
WHEREAS, the MDEQ rules (Title 17, Chapter 30, new Subchapter 11, revised
Subchapter 13, A.R.M.; 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, the City and MDT have reviewed the extensive requirements of the
MPDES Phase II storm water discharge permit and find that combining efforts and resources is
the most economical approach for the City and have agreed to form a partnership to share in the
application for the required permit, work together to develop the plan for storm water
management in the City, and begin implementation of the City's Storm water Management
Program; and
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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.
NOW THEREFORE, BE IT RESOLVED by the City, through the City Council of the
City of Kalispell, and the MDT, each a public agency of the State of Montana (Participating
Agencies), that:
Pursuant to Section 7- 11 - 104, Mont. Code Ann., the Participating Agencies agree it is to
their mutual advantage to adopt this Interlocal Agreement.
Section 1: Recitals
The City of Kalispell is a municipality of the State of Montana organized pursuant to
Title 7 Chapter 3, Part 43.
The Montana Department of Transportation is an organization of the State of Montana
organized pursuant to MCA 2 - 15 -2 5 01.
The area covered by this Interlocal Agreement . is defined by the incorporated boundaries
of the City of Kalispell.
Section 2: Purpose
It is the purpose of this Agreement to delineate the responsibilities of the Participating Agencies
for development and submission of the MPDES Phase II permit for the City of Kalispell. This
Agreement shall also set forth responsibilities of the Participating Agencies with respect to
existing storm water minimum measures, existing Best Management Practices (BMPs), and the
development, implementation, enforcement and financing of a Kalispell Storm water
Management Program to be planned and formalized over the 5 -year term 2010 to 2015 of the
MPDES Phase II permit as approved and conditioned by the MDEQ.
Section 3: Administration
3.01. No separate legal entity is established by this Agreement.
3.02. 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 entities.
3.03. The Participating Agencies agree to share the responsibilities for fulfilling the MPDES
Phase II permit requirements in accordance with the approval and conditions of the
MDEQ including annual data collection, analyses and reporting requirements.
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Section 4: Permit Coordination , -Writing and Submittal
4.01 City of Kalispell. The City agrees to provide existing staff and funds to coordinate
writing the co -permit reapplication for the Participating Agencies in accordance with
MDEQ requirements and submit the. permit by the mandated reapplication deadline.
The City agrees to provide existing staff and funds to assist with the identification and
development of all aspects of the co -permit application related to the City's jurisdiction,
including current minimum measures, existing BMPs, steps to develop a plan for storm
water management suitable within the Kalispell City limits, and preparation to implement
the resulting storm. Water management program.
Each Participating Agency will collect its own data for annual measurements and results.
The City will compile each Participating Agency's data, annual measurements, and
results for submittal to the MDEQ in the required annual report according to the rules and
requirements governing MPDES storm water permits. A central location for all co -permit
records will be maintained by the City on behalf of the Participating Agencies.
4.02 Montana Department of Transportation. The MDT agrees to provide existing staff and
funds to assist with the development of portions of the co -permit application related to its
jurisdictional area in the Kalispell City limits including identification of any outfalls
discharging into any water bodies within the Kalispell City limits, current minimum
measures practiced by MDT, and the existing BMPs that meet the MPDES Phase II
requirements for storm water pollution protection.
The MDT agrees to implement its responsibilities set forth in the co -permit application,
collect data and measurements, and submit the same to the City for compilation in the
required annual report.
4.03 Authorization of Si natories. The Participating Agencies hereby authorize the following
person to act as agency signatories and representatives for the purpose of executing the
MPDES permit application documents, and for proceeding with the requirements
necessary to comply with permit restrictions identified by the MPDES:
Agency_ Signatog Title
City of Kalispell: Tammi Fisher Mayor
Montana Department of Transportation: Dwane Kailey Chief operations Officer
Section S: Ownership-, Operation, and Control of Storm Water Infrastructure
5.01. Existing Infrastructure. Each Participating Agency will retain the ownership, operation
responsibility, maintenance and liability for its existing infrastructure in accordance with
the approved permit as conditioned by the MDEQ and existing contractual agreements
for the maintenance of the infrastructure.
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Future Infrastructure. Each Participating Agency will retain responsibility for the design,
construction, ownership, operation, maintenance and liability for any future storm water
management infrastructure built by the responsible agency. Each Participating Agency
will develop any new infrastructure in accordance with the MDEQ approved permit
requirements and conditions.
Section 6: Effective Date Duration Termination and Changes
6.01. This Agreement shall become effective upon approval by the Council of the City of
Kalispell and the MDT. This Agreement shall remain in full force and effect from the
date of signature and through the 5--year term of the MPDES Phase II permit, as approved
by MDEQ, unless terminated according to the provisions of this Section.
6.02. This Agreement may be terminated by the Participating Agencies by mutual written
consent of the Participating Agencies.
6.03. Either the City or the MDT may terminate this Agreement in the event of a breach of the
Agreement by the other. Prior to such termination, however, the party seeking the
termination shall give to 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 the notice may terminate the Agreement at any time
thereafter by giving a written notice of termination.
6.04. This Agreement may be changed with additions and/or deletions in regard to
responsibilities related to the approved MPDES Phase II permit as approved and
conditioned by the MDEQ upon mutual written consent of the Participating Agencies.
Section 7: Payment
7.01. The annual permit fee and reapplication fee varies for each MS4 co -per nittee. The City
will pay the fees to MDEQ and will submit annual invoices to MDT for reimbursement
costs due to the City. The following table summarizes the re -application and annual fees
for the MS4 area:
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TABLE I - PERMIT FEES FOR GENERAL PERMIT (4)
Permit
Fees
Permit
(City of
Fees
Permit
Kalispell)
(MDT)
Total
Year
Description
(2)
(3)
Fees
2010
Annual Fee
$400
$1,200
$5,200
2011
Annual Fee
$400
$1,200
$5,200
2012
Annual Fee
$400
$1,200
$5,200
2013
Annual Fee
$43000
$1,200
$5,200
2014
Annual Fee
$4X0
$1,200
$5,200
2014
Reap lication Fee
$5,400
$100
$7,200
Total
$259400
$79800
$339200
(') Reapplication fee assumes 10% discount allowed with co-permittee status.
(2) Based on Traditional MS4 with population 10,000 to 50,000.
(3) Based on Non -Traditional MS4 Permit fee.
(4) 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 of the annual fee.
7.02. It is agreed that MDT will pay all penalties and fines assessed by the MDEQ for late
filing of any reports caused by MDT's failure to provide the City with the report data in a
timely fashion. It is agreed that the City will provide to MDT 30 days notice regarding
the submittal requirements of MDEQ.
7.03. It is agreed that other costs not covered by provisions in preceding sections that are
subsequently identified and mutually agreed to be necessary for compliance with the
MPDES Phase II permit, permit reports and for Storam. water Management Program
implementation will be shared by MDT and the City on the basis of the following
formulations.
MDT Cost Share = [MDT Street Miles= Total City Street Miles] X Additional Costs
City Cost Share = [City Street Miles, Total City Street Miles] x Additional Costs
MDT Street Miles are defined as on -system miles, including non -interstate, primary and
urban routes irrespective of maintenance or ownership responsibility, as calculated by the
MDT and verified by the City.
City Street Miles are defined as total system street miles within the City of Kalispell less
MDT Street Miles, as defined above.
Total City Street Miles are defined as total system street miles within the City of
Kalispell City limits as calculated by the MDT and verified by the City. Alleys are not
included.
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The City and MDT agree they will comply with all requirements of the Attached Exhibit "A"
with regards to civil rights laws and regulations as part of this agreement.
IN WITNESS WHEREOF, the Participating Agencies have caused this instrument to be duly
executed by their proper officers as follows:
CITY OF KALISPELL
APPROVED BY THE COUNCIL OF THE CITY OF KALISPELL on the day of
201 O, authorizing the Mayor to execute the Interlocal Agreement
.ATTEST:
Theresa white
City Clerk
(SEAL)
Tam mi Fisher
Mayor
Charlie Harball
City Attorney
MONTANA DEPARTMENT OF TRANSPORTATION
APPROVED BY THE MON'TANA DEPARTMENT OF TRANSPORTATION on the
day of , 2D 14.
Dwane Dailey, P.E.
Chief Operations Officer
Appro for Legal Content:
M T Legal rvices ivision
Page 6 of 8
EXHIBIT A - NON-DISCRIMINATION NOTICE
During the performance of this Agreement, the City and County (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
(1) Compliance with Regulations: The Party shall comply with all Regulations relative to
nondiscrimination in Federally --assisted programs of the Department of Transportation, 49 Code of
Federal Regulations (CFR), Part 2 1, as they may be amended (hereafter referred to as the
Regulations), which are incorporated by reference and made a part of this Agreement, even if only
state funding is here involved.
(2) 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 of equipment. The
Party shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR
Sec. 21.5.
(3) Solicitations for Subcontracts Includina. Procurement of Materials and Equipment: In all
solicitations, whether by competitive bidding or negotiation by the Party 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 Parry of the Party's obligations under this
Agreement and the Regulations relative to nondiscrimination.
(4) 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 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 Party is in the exclusive
possession of another 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.
(5) 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,
(a) Withholding payments to the Party under the Agreement until the Party complies, and/or
(b) Cancellation, termination or suspension of the Agreement, in whole or in part.
(6) Incorporation of Provisions: The Party 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 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
of the United States.
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B) COMPLIANCE WITH THE MONTANA GOVERNMENTAL CODE OF FAIR PRACTICES, SEC.
49-3-2079 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 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 Party will comply with all regulations relative to implementation of the AMERICANS WITH
DISABILITIES ACT.
(2) 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
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