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5443
PORT OF BREMERTON
ILA - Stormwater
PW Admin
LEG 12-1
4/1/2009
1/1/2019
Comments:
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AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Interlocal Stormwater Study Session Date: December 10, 2014
Agreement Between the Port of Bremerton COUNCIL MEETING Date: December 17, 2014
and the City of Bremerton Department: Public Works 8 Utilities
Presenter: Martin
Phone: 473-5758
SUMMARY: This interlocal agreement, allows the Port to retain 87.5% of its monthly Stormwater
assessment to provide funding for operation, maintenance, regulatory compliance, development and
expansion of its stormwater infrastructure. The City will bill the Port 12.5% of the monthly
Stormwater bill to cover administration and oversight costs associated with the City's NPDES Permit.
The Port shall maintain a separate Stormwater account to track and document both revenues and
expenditures of these funds. The City may, from time to time, request documentation to verify that
expenditures from Stormwater funds were used for Stormwater related purposes.
ATTACHMENTS: Agreement
FISCAL IMPACTS (Include Budgeted Amount): This agreement is retroactive to April of 2009. An
outstanding balance of$785,123.28 will be written off the account
STUDY SESSlON AGENDA: �x No Presentation � Full Presentation
STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION: Move to approve the Interlocal Agreement between the Port of
Bremerton and the City of Bremerton, and authorize the Mayor to finalize and execute the Interlocal
Agreement with substantially the same terms and conditions as presented.
COUNCIL ACTION: [�Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/25/13
STORMWATER INTERLOCAL AGREEMENT
BETWEEN THE CITY OF BREMERTON
AND THE PORT OF BREMERTON
TgIIS AGREEMENT, pursuant to RCW 39.34, is between the City of Bremerton
(hereinafter referred to as "City") and the Port of Bremerton (hereinafter referred to as "Port").
WHEREAS, the City enacted Chapter 15.04 of the Bremerton Municipal Code
establishing the Stormwater Management Program (SWMP) for the purpose of establishing a
comprehensive approach to surface and stormwater management pursuant to
RCW 35.67.030; and
WHEREAS, the City operates a Municipal Separate Storm Sewer System (MS4), which
is permitted by the Washington State Department of Ecology (Ecology) pursuant to its authority
to license MS4s in accordance with the National Pollution Discharge Elimination System
(NPDES) requirements under the federal Clean Water Act; and
WHEREAS, the Port operates and maintains its own stormwater system and regional
stormwater facility that provides proactive, protective and responsive activities to protect waters
of the State pursuant to an Industrial Stormwater General Permit, also issued by Ecology in
accordance with the Clean Water Act; and
W�IEREAS, the Port's property lies within the corporate boundaries of the City; and
WHEREAS, it is mutually beneficial for the City and the Port to enter into an agreement
that addresses the program elements outlined in the City's NPDES Permit, Stormwater -
Management Program and provisions of the City Stormwater Management code set forth in
Chapter 15.04 BMC; and
WHEREAS, the Port is assessed Stormwater fees for impervious hard surfaces in its area
of responsibility at the current City published rates in accordance with 15.06.015 BMC; and
WgIEREAS, the City recognizes the Port has the necessary resources to operate,
maintain, construct and expand its stormwater system; and further, the City recognizes the Port is
geographically separated from the City's primary MS4 facilities; and
WHEREAS, it is the Port's intention to fund its own stormwater account from the funds
retained pursuant to this agreement; and
WHEREAS, mutual benefits will accrue to the parties hereto in the cooperative
development, maintenance, operation and construction of stormwater control facilities;
Stormwater ILA
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
City and the Port agree as follows:
A. Purpose.
This agreement, applies retroactively to April 1, 2009 allowing the Port to retain 87.5%
of its established monthly Stormwater assessment ("Retained Funds") to provide funding for
operation, maintenance, regulatory compliance, development and expansion of its stormwater
infrastructure. The City will bill the Port 12.5% of the monthly Stormwater assessment
established for the Port (as currently established and hereinafter adjusted pursuant to City
policies and procedures for establishing and adjusting rates) to cover administration and
oversight costs associated with the City's NPDES Permit. The Port shall maintain a separate
Stormwater account for the Retained Funds to track and document both revenues and
expenditures of these funds. The City may, from time to time, request documentation to verify
that expenditures from the Retained Funds were used for Stormwater related purposes.
B. Port Duties.
The Port will:
1) Renew its Industrial Stormwater Permit and comply with the provisions of that
permit. .
2) Maintain an accurate Stormwater Pollution Prevention Plan (SWPPP) and update
as build-out occurs.
3) Maintain and update Stormwater Operations and Maintenance Program and
Manual in compliance with 15.04 BMC and adopted Stormwater manuals and maintenance
standards.
4) Maintain and operate stormwater collection, conveyance and treatment facilities
in compliance with 15.04 BMC and adopted Stormwater manuals and maintenance standards.
5) Maintain the entrance to the Port, at Imperial Way at Highway 3, in accordance
with past practices including: mowing, garbage collection and disposal, pruning of trees and
maintaining general aesthetics.
6) Protect, preserve and maintain stormwater Low Impact Development (LID)
features and facilities in accordance with current standards and shall not eliminate or modify
existing LID without written approval from the City.
7) Prepare and implement a Permanent Stormwater Control Plan (Plan), as defined
in the current Stormwater Management Manual for Western Washington, Volume I— Minimum
Technical Requirements and Site Planning, for stormwater facilities servicing Owner's property.
Beginning January 1, 2017, development and redevelopment must meet the requirements of the
Low Impact Development (LID) Manual and City Standards. The Plan shall be kept on-site and
available for inspection by City Staff during normal business hours.
8) Provide a permanent Stormwater Control Plan and Stormwater Pollution
Prevention Plan (SWPPP).
9) Provide an annual maintenance report for stormwater facilities by May 30 of each
year.
10) Provide an updated stormwater facility map, showing stormwater collection
system and appurtenances including but not limited to: pipes, catch basins, treatment devices,
ponds, open ditches, control structures and flow direction.
11) Make all water quality data available to the City.
Stormwater ILA
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12) Utilize impervious hard surface unit (IHSU) calculations from May, 2014 for
future Stormwater billing and adjust as build out or modification occurs.
13) Utilize the existing process and procedures for determining IHSU's, as those
procedures may be modified in the future.
14) Provide the City access to and inspection of stormwater facilities as defined in
15.04 BMC.
15) Create a separate stormwater account from the Retained Funds for the purpose of
funding operation, maintenance, regulatory compliance, development and expansion of its
stormwater infrastructure.
C. City D�ties.
The City will:
1) Credit previous monthly stormwater assessment payments made by the Port to the
City since April 1, 2009 in the amount of 87.5% of the Port's monthly stormwater assessment
since April 1, 2009 until such time as a zero balance is achieved.
2) Bill the Port utilizing the City's established utility assessment and billing process
to collect the 12.5% administration and oversight fee thereafter.
D. NPDES Stormwater Permit Coordination.
Coordination between the City and the Port is necessary to meet the requirements of the
City's NPDES Phase II Stormwater Permit. Until such time that the Port becomes a Secondary
Permitee, the parties agree to support and coordinate efforts with the following components that
include:
1) Public Education and outreach. The city will provide materials such as brochures
and the Port will distribute to its tenants. The Port will ensure that businesses located within its
jurisdiction comply with City codes and adopted manuals to protect surface and ground waters of
the State.
2) Public Involvement and Participation as opportunities occur.
3) Illicit Discharge Detection and Elimination. Coordinate with the City to allow
access and support to locate, document, sample and eliminate illicit connections as needed. If
one is found or suspected the City will work with the Port to identify and eliminate the
connection.
4) Construction Site Stormwater Runoff Control as required by City codes,
Stormwater Management Manual for Western Washington (current edition) and associated
permits.
5) Post-Constniction Stormwater Management for New Development and
Redevelopment as required by City codes, Stormwater Management Manual for Western
Washington (current edition) and associated permits.
6) Pollution Prevention and Good Housekeeping for Municipal Operations. The
SWPPP and individual business oversight and inspections.
7) Compliance with Total Maximum Daily Load Requirements (TMDL). Should a
Union river TMDL be put in place the Port agrees to comply with all specifically-tasked Ecology
requirements. The City will assist as requested, providing staff is available.
8) Monitoring and Assessment as required.
9) Reporting Requirements a"s defined in this ILA and required by the Port's
Industrial Stormwater General Permit, or other permits.
Stormwater ILA
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In the event that the Port becomes a Secondary Permitee to the City's NPDES
Stormwater Permit, the requirements identified in that permit will take precedence.
E. Stormwater Control Facilities.
The Port shall design, operate, maintain and construct stormwater quantity and quality
control facilities, including the use of Low Impact Development design practices to the extent
possible, at the Port's industrial complex known as Olympic View IndustriaVBusiness Park and
at the Bremerton National Airport.
F. Eligible Expenses.
1) Stormwater funds shall be used to support the design, operation (including
permitting requirements), maintenance, and construction of existing or new stormwater
infrastructure in compliance with City code and the Stormwater Management Manual for
Western Washington.
2) Costs associated with the development of conceptual stormwater management
studies; preliminary engineering plans and analyses, final engineered construction plans,
specification, and estimates (PS&E), construction of regional stormwater quantity and quality
control facilities, including construction management costs shall be eligible expenditures.
3) All capital improvements utilizing Retained Funds must have the prior approval
of the City's Director of Public Works & Utilities, or designee, before expenditures are made on
the improvements.
G. Nondiscrimination.
The Port and the City shall comply with all applicable local, state, andlor federal laws
and ordinances, and agrees that they shall not be discriminate in their employment practices or
delivery of services or other activities on the grounds of race, color, religion, national origin, age,
sex, marital status, veteran status, sexual orientation, or the presence of any sensory, mental, or
physical handicap. The Port shall ensure that any contractor shall fully comply with this
paragraph.
H. Compliance with Laws.
The Port and the City shall comply with all federal, state, and local laws, statutes,
ordinances, rules and regulations applicable to the performance of the Agreement. The Port and
the City agree to comply with the provisions of the Americans with Disabilities Act and
regulations interpreting or enforcing such act.
I. Indemnity.
Both the Port and the City agree to indemnify and hold harmless one another, their
officers and employees from and against any and all liability, loss, costs, expenses, claims, or
damages, known or unknown, to persons or property arising or alleged to have arisen directly or
indirectly out of, or in any way connected with, the negligent acts, errors, or omissions of either
parties' officers, employees, agents, contractors, or subcontractors for work performed under this
Agreement.
Stormwater ILA
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J. Amendment to Agreement.
The parties hereby fi�rther agree that this Agreement cannot be amended or modified
without the written concurrence of both parties.
K. Modification for Funding Reasons.
The City or Port may negotiate modification of this Agreement at any time.
L. Termination.
Either party to this Agreement may elect to terminate the Agreement for any reason (such
reason to be identified) by delivery of a thirty (30) day written notice of intent to terminate to the
other party. In the event of such termination, the City shall have the right to bill the Port the
entire Stormwater rate until a new agreement is accepted.
M. Duration of Agreement.
This Agreement shall be in effect as long as the Port operates, maintains and holds
ownership of its own stormwater facilities, or until te�7ninated if terminated pursuant to Section
L above.
IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and
yearindicated.
CITY OF BREMERTON
�
Patty Lent, ayor
Date: � � �9' ,���
PORT OF BREMERTON
� �/l �i • ���
Roger �Labinski, om mission President
Date: /� - �S J
EST:
�
Shannon L. Corin, C�ty Clerk
APPROVED AS TO FORNI:
Ro er Lubovich, City Atto
R\Legal\I.egal\Contracts\PUBLIC WORKS\Storm��•ater II,A - City and Port -9-30-14- Clcan doc
Storinwater ILA