HomeMy WebLinkAboutR-2008-119 Stormwater Grant with DOE; Department of EcologyRESOLUTION NO. R- 2008-119
A RESOLUTION authorizing and directing the City Manager to execute a FY2008
Stormwater Management Implementation Grant Agreement
Document with the Washington State Department of Ecology.
WHEREAS, the City has an extensive storm drain infrastructure that has never
been fully mapped; and,
WHEREAS, having a complete system map by the year 2012 is a mandate of
the City's National Pollutant Discharge Elimination System (NPDES) Phase II permit;
and
WHEREAS, the City submitted a successful application for a Grant in the
amount of $372,000 that will reimburse the City for up to 75% of 1/3 of the cost of
crews that map, inventory, assess, and clean our existing stomiwater infrastructure;
and
WHEREAS, a system map would enable the City to: better plan future system
improvements: allow us to use modeling programs to simulate flows in the pipe
network: use the map in our public education and outreach programs: and to enable
City personnel to trace and clean up hazardous material spills in a more efficient
manner; and
WHEREAS, it is in the best interest of the City to utilize the grant award to
locate and map the components of the storm sewer system; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the "FY2008
Stormwater Management Implementation Grant Agreement" with the Washington State
Department of Ecology.
ADOPTED BY THE CITY COUNCIL this 15th day of July 2008.
ATTEST:
•
•
Fund 441
Stormwater Revenue
Page 1
First 1/2
Second 1/2
total
Budget
Billed
806,526.60
266,261.60
1,072,788.20
1,056,000
16,788.20
75%
25%
1.6%
Received
Jan - Mar
94,725.40
April
576,930.20
May
130,818.60
June
0.00
9,314.80
total
802,474.20
9,314.80
811,789.00
76%
Page 1
2008 Wastewater/Stoller OM Expense
•
FUND 473
8.3%
16.7%
25.0%
33.3%
41.7% _
50.0%
58.3%
66.7%
75.0%
83.3%
91.7%
100.0%
Budget
Jan -08
Feb -08
Mar -08
Apr -08
May -08
Jun -08
Jul -08
Aug -08
Sep -08
Oct -08
Nov -08
Dec -08
473-211
$161,569
month
$127,515
$130,377
$123,285
$145,215
$157,973_
$124,212
$1,938,826
tot frm bud
$127,515
$261,249
$388,827
$540,320
$703,723
$827,935
% budget
-1.8%
-3.2%
-4.9%
-5.5%
-5.4%
-7.3%
-58.3%
-66.7%
-75.0%
-83.3%
-91.7%
-100.0%
(accum-budget)
($34,054)
($61,889)
($95,880)
($105,955)
($104,122)
($141,478)
($1,130,982)
($1,292,551)
($1,454,120)
($1,615,689)
($1,777,257)
($1,938,826)
($27,835)
($33,990)
($10,075)
$1,833
($37,357)
473-215
$6,239
month
$5,684
$3,093
$6,734
$5,497
$5,802
$4,834
$74,874
tot frm bud
$5,684
$10,040
$16,774
$22,271
$28,073
$32,906
% budget
-0.7%
-3.3%
-2.6%
-3.6%
-4.2%
-6.1%
-58.3%
-66.7%
-75.0%
-83.3%
-91.7%
-100.0%
accum-budget)
($555)
($2,439)
($1,944)
($2,687)
($3,125)
($4,530)
($43,676)
($49,916)
($56,155)
($62,395)
($68,634)
($74,874)
($1,884)
$495
($743)
($438)
($1,406
473-232
$325,740
month
$335,187
$294,053
$290,587
$296,040
$290,215
$383,563
$3,908,876
tot frm bud
$335,187
$629,240
$919,568
$1,215,674
$1,505,889
$1,889,452
% budget
0.2%
-0.6%
-1.5%
-2.2%
-3.1%
-1.7%
-58.3%
-66.7%
-75.0%
-83.3%
-91.7%
-100.0%
(accum-budget)
$9,448
($22,239)
($57,651)
($87,285)
($122,809)
($64,986)
($2,280,1781
($2,605,918)
($2,931,657)
($3,257,397)
($3,583,137)
($3,908,876)
($31,687)
($35,412)
($29,633)
($35,525)
$57,823
473-233
$63,140
month
$49,446
$46,791
$44,321
$46,772
$45,663
$49,711
$757,686
tot frm bud
$49,446
$96,238
$140,557
$187,331
$232,994
$282,704
% budget
-1.8%
-4.0%
-6.4%
-8.6%
-10.9%
-12.7%
-58.3%
-66.7%
-75.0%
-83.3%
-91.7%
-100.0%
accum-budget)
($13,694)
($30,043)
($48,864)
($65,231)
($82,709)
($96,139)
($441,983)
($505,1241
($568,264)
($631,405)
($694,545)
($757,686)
($16,349)
($18,821)
($16,367)
($17,477)
($13,430)
$556,689
month
$517,833
$474,314
$464,927
$493,525
$499,653
$562,320
$0
$0
$0
$0
$0
$0_
$6,680,263
tot frm bud
$517,833
$996,767
$1,465,726
$1,965,596
$2,470,678
$3,032,998
$0
$0
$0
$0
$0
$0
% budget
-0.58%
-1.75%
-3.06%
-3.91%
-4.68%
-4.60%
-58.33%
-66.67%
-75.00%
-83.33%
-91.67%
-100.00%
TOTAL O&M
monthly
-0.58%
-1.16%
-1.31%
-0.85%
-0.77%
0.08%
-53.74%
-8.33%
-8.33%
-8.33%
-8.33%
-8.33%
(accum-budget)
($38,856)
($116,610)
($204,340)
($261,1581
($312,764)
($307,133)
($3,896,820)
($4,453,508)
($5,010,197)
($5,566,885)
($6,123,574)
($6,680,263)
($77,755)
($87,729)
($56,819)
($51,606)
$5,631
FUND 441
441-213
$43,923
month
$32,029
$65,264
$38,348
$38,813
$29,566
$38,347
total
$527,076
tot frm bud
$32,029
$97,293
$135,641
$174,453
$204,019
$242,366
% budget
-2.3%
1.8%
0.7%
-0.2%
-3.0%
-4.0%
-58.3%
-66.7%
-75.0%
-83.3%
-91.7%
-100.0%
(accum-budget)
($11,8941
$9,447
$3,872
($1,2391
($15,596)
($21,172)
($307,461)
($351,384)
($395,3071
($439,230)
($483,153]
($527,076)
$21,341
($5,575)
($5,111)
($14,358)
($5,576
441-213
$24,892
213 month
$16,513
$26,143
$29,146
$24,792
$22,214
$23,582
labor
$298,706
accum
$16,513
$42,656
$71,804
$96,595
$118,809
$142,392
STORMWATEF
% budget
-2.81%
-2.39%
-0.96%
-1.00%
-1.89%
-2.33%
-58.33%
-66.67%
-75.00%
-83.33%
-91.67%
-100.00%
Direct Labor
monthly
-2.81%
0.42%
1.42%
-0.03%
-0.90%
-0.44%
-56.00%
-8.33%
-8.33%
-8.33%
-8.33%
-8.33%
(accum-budget)
($8,379)
($7,128)
($2,873)
($2,973)
($5,651)
46,961
($174,2451
($199,137)
($224,029)
($248,922)
($273,814)
($298,706)
$1,251
$4,255
($1011
42,6781
($1,310
•
•
STATE OF WAS iNCTON
DEPARTMENT OF ECOLOGY
PO Bcr. 47603 Olympia, WA 96504-7600 E 360-407-6000
77-'1 «r t[e:ey Se:`i'l:e c Persorrs ..'!iii a speech ..(sabl!ity can cal! 877-833-6341
June 27, 2008
Randy Meloy
City of Yakima
129 North 2nd Street
Yakima, WA 98901
Re: Stormwater Management Implementation Grant Program, FY2008
Ecology Agreement No. G0800598
Dear Mr. Meloy:
Enclosed are three unsigned copies of the above -referenced agreement between the Department
of Ecolocry and the City if Yakima for the Mapping Stormwater System project.
Please review the enclosed contract including the project scope of work and budget. If all is
acceptable, please have Richard Zais, your signatory, sign each of the three copies of the contract
before returning all three of them to me for final signature. I will return one copy of the
completed agreement for your files.
The enclosed Signature Authorization form will also need to be completed and returned along
with the signed grant agreements.
If youshould have any questions, please call me at (360) 407-7039.
Sincerely,
Shelly Eisenbarth
Financial Manger
Water Quality Program
Enclosures
41, cc: Richard Zais, City of Yakima
"nli:NIYGTnq
F F i II T p F,
EC0L0 i'
SIGNATURE AUTHORIZATION FORM
FOR GRANT/LOAN RECIPIENTS
Department of Ecology
Water Quality Program
PO Box 47600
Olympia, WA 98504-7600
Phone: (360) 407-6600
FAX: (360) 407-7151
Name of Organization
Date Submitted
Project Title
Agreement Number
AUTHORIZING SIGNATORY
Signature
Print or Type
Title/Term of Office
411(
AUTHORIZED TO SIGN AGREEMENT AMENDMENTS
Signature
Print or Type
Title
4111
AUTHORIZED TO SIGN REQUEST FOR REIMBURSEMENT
Signature
Print or Type
Title
F(:Y 070-206 (Rev. 01/2006) Ecology is an equal opportunity agency.
STORMWATER MANAGEMENT IMPLEMENTATION GRANT PROGRAM
GRANT AGREEMENT
BETWEEN THE
STATE DEPARTMENT OF ECOLOGY
AND
CITY OF YAKIMA
THIS is a binding agreement between the state of Washington Department of Ecology
(DEPARTMENT) and the City of Yakima (RECIPIENT). The purpose of this agreement is to
provide funds to the RECIPIENT, who will carry out the requirements described in this
Agreement.
PART I. GENERAL INFORMATION
Project Title:
Grant Number:
RECIPIENT Name:
Mailing Address:
Street Address:
RECIPIENT Contact:
Telephone Number:
Fax Number:
E -Mail Address:
RECIPIENT Billing Contact:
Telephone Number:
Fax Number:
E -Mail Address:
Disbursement Name:
Address:
RECIPIENT Federal ID Number:
Mapping Stormwater System
G0800598
City of Yakima
129 North 2nd Street
Yakima, WA 98901
Same as above
Randy Meloy
(509) 575-6606
(509) 576-6305
rmeloy@ci.yakima.wa.us
Randy Meloy
(509) 576-6606
(509) 576-6305
rmeloy@ci.yakima.wa.us
City of Yakima
129 N. 2nd St.
Yakima, WA 98901
91-6001293
•
•
Mapping Stormwater System
City of Yakima
Grant No. G0800598
DEPARTMENT Project Manager:
Address:
Telephone Number:
Fax Number:
E -Mail Address:
DEPARTMENT Financial Manager:
Mailing Address:
Telephone Number:
Fax Number:
E -Mail Address:
DEPARTMENT Funding Source:
Total Project Cost:
Total Eligible Cost:
Total [Maximum or Grant Eligible Cost
DEPARTMENT Share:
RECIPIENT Share:
Terry Wittmeier
Department of Ecology
15 W Yakima Avenue, Suite 200
Yakima, WA 98902
(509) 574-3991
(509) 575-2809
twit461@ecy.wa.gov
Shelly Eisenbarth
Water Quality Program
Washington State Department of Ecology
P.O. Box 47600
Olympia, WA 98504-7600
(360) 407-7039
(360) 407-7151
'seis461@ecy.wa.gov
Stormwater Management Implementation
Grant Program FY2008
2007-09 Biennial Capital Budget
$496,000
$496,000
$496,000
$372,000
$124,000
DEPARTMENT Maximum Percentage: 75 percent of TEC
The effective date of this Agreement is the date this Agreement is signed by the
DEPARTMENT's Water Quality Program Manager. Any work performed prior to the effective
date of this Agreement, without written Prior Authorization of the DEPARTMENT, will be at
the sole expense and risk of the RECIPIENT.
Is Prior Authorization granted by the Water Quality Program Manager? ® Yes n No
If yes, Effective Date: January 31, 2008
With written Prior Authorization from the DEPARTMENT, the RECIPIENT may begin
incurring eligible project costs on or after the prior authorization effective date and until the grant
agreement is signed. Costs incurred during the prior authorization period are at the sole risk of
the applicant. Funds cannot be released until a grant agreement is signed by the Water Quality
Program Manager.
This agreement will expire no later than June 30, 2011
Page 2 of 9
Mapping Stonnwater. System
City of Yakima
Grant No. G0800598
PART II. GOALS, OUTCOMES, AND POST PROJECT ASSESSMENT
A. Water Quality Goal(s): The overall goal of this project is focused on the protection of the
Yakima River and includes:
1. Stonnwater activities, such as source controls, planning, mapping, education and
outreach, utility/ordinance development:
B. Water Quality Project Outcomes: The following summarize the quantitative results
anticipated from the project:
1. A system map will allow the RECIPIENT to have a more effective response to
and cleanup of hazardous spills. The map will show the route of flow of any spill
and allow the RECIPIENT to intercept it in a more timely manner.
2. The system map will show the RECIPIENT the locations of all RECIPIENT -
owned dry wells, which will be assessed to detennine if they are functioning
properly. The improperly functioning dry wells will then be prioritized for
retrofitting. The retrofitted dry wells will deliver cleaner runoff to the ground
water.
3. The system map will identify outfall sites that can be used for long-terur
stormwater monitoring. This satisfies S8.C.l .a of the Eastern Washington Phase II
Municipal Storrnwater Permit.
C. Post Project Assessment. The RECIPIENT will submit a brief survey regarding the key
project results or water quality project outcomes and status of eventual environmental
results or goals three years after project completion.
The DEPARTMENT'S Performance Measures Lead will make every effort to e-mail the
RECIPIENT the Post Project Assessment Survey approximately 60 days prior to the Post
Project Assessment Date. This date will generally be three years after the agreement
expires. This survey is to be completed by the RECIPIENT and sent as an
e-mail attachment to the DEPARTMENT's Project Manager and the DEPARTMENT's
Water Quality Program Performance Measures Lead.
The DEPARTMENT may conduct additional on-site interviews and inspections to gather
information for this assessment. The DEPARTMENT will provide the performance
measures data to the Legislature, Environmental Protection Agency, and other natural
resource agencies in support of continued water quality financial assistance programs.
Post Project Assessment Date: June 30, 2014.
Page 3 of 9
•
•
•
Mapping Stomiwater System
City of Yakima
Grant No. G0800598
PART III. PROJECT DESCRIPTION
The RECIPIENT currently has no map or inventory of the existing stomnwater system showing,
locations and numbers of catch basins, inlets, dry wells, manholes, invert elevations, and
direction of stoiniwater flow. In 2006 the RECIPIENT began this mapping effort; this grant will
provide the resources needed to complete the system map which is needed to help the
RECIPIENT manage the stolniwater infrastructure and to plan improvements.
There are approximately 6,000 catch basins, 5,000 dry wells, and 1,000 manholes that need to be
mapped and cleaned. These 12,000 features will take a total of 15,000 crew hours to map and
clean. One-third of this total time is for mapping only, which will take 5,000 crew hours. This
equates to three years of crew work time for mapping only.
PART IV. PROJECT BUDGET
Page 4 of 9
•
ELEMENTS (Tasks or Objects)
TOTAL
PROJECT
COST
TOTAL
ELIGIBLE
COST (TEC)
1 - Project Management
$23,500
$23,500
2 - Map and Inventory Catch Basins, Inlets, Pipes and Dry
Wells
$472,500
$472,500
Total
$496,000
$496,000
The DEPARTMENT's Fiscal Office will track to the Total Eligible Cost.
MATCHING REQUIREMENTS
DEPARTMENT Share: maximum 75% of TEC
$372,000
RECIPIENT Share: minimum 25% of TEC
$124,000
Page 4 of 9
Mapping Stormwater System
City of Yakima
Grant No. G0800598
PART V. SCOPE OF WORK
Task 1 - Project Administration/Management
A. The RECIPIENT will administer the project. Responsibilities will include, but not be
limited to: maintenance of project records; submittal of payment vouchers, fiscal forms,
and progress reports; compliance with applicable procurement, contracting, and interlocal
agreement requirements; attainment of all required permits, licenses, easements, or
property rights necessary for the project; and submittal of required performance items.
B. The RECIPIENT will manage the project. Efforts will include conducting, coordinating,
and scheduling project activities and assuring quality control. Every effort will be made
to maintain effective communication with the RECIPIENT's designees, the
DEPARTMENT, all affected local, state, or federal jurisdictions, and any interested
individuals or groups. The RECIPIENT will carry out this project in accordance with any
completion dates outlined in this agreement.
C. The RECIPIENT will submit the project documents as requested by the
DEPARTMENT's Project Manager or Financial Manager:
• Electronic copy of draft final report two months prior to expiration date — one copy
to. the DEPARTMENT's Project Manager
• Two electronic copies and two hard copies of the final project completion reports.
Send one of each copy to the DEPARTMENT's Project Manager and Financial
Manager
D. Required Performance:
1. Effective administration and management of this grant project.
2. Maintenance of all project records.
3. Submittal of all required performance items, progress reports, financial
vouchers, and maintenance of all project records.
4. Anticipated completion date June 2011.
Task 2 — Map and Inventory Catch Basins, Inlets, Pipes, and Dry Wells
A. The RECIPIENT will map and inventory approximately 6,000 catch basins, 5,000 dry
wells, and 1,000 manholes. Mapping information will include pipe type, size, invert
elevations, pipe lengths, and direction of flow. The project area encompasses the city
limits of Yakima, Washington.
Page 5 of 9
Mapping Stormwater System
®City of Yakima
Grant No. G0800598
•
B. Required Performance:
1. Electronic file of system map.
2. Inventory approximately 6,000 catch basins, 5,000 dry wells, and 1,000
manholes.
3. Anticipated completion date June 2011.
PART VI. SPECIAL TERMS AND CONDITIONS
A. Commencement of Work. The DEPARTMENT reserves the right to terminate this
agreement if the RECIPIENT does not commence work on the project funded herein
within 10 months of the publication date of the FY08 Stormwater Management
Implementation Grant Final Offer and Applicant List (dated January 31, 2008). Based on
this list date, work must begin by November 30, 2008.
B. DEPARTMENT Funding Recognition. The RECIPIENT will acknowledge and inform
the public about DEPARTMENT funding participation in this project through the use of
project signs and/or acknowledgement in published materials and reports, the news
media, or other public announcements. Projects addressing site-specific locations must
utilize appropriately sized and weather -resistant signs. Sign logos are available from the
DEPARTMENT's Financial Manager upon request.
C. Indirect Rate. To acknowledge overhead costs, the RECIPIENT may charge an indirect
rate of up to 25 percent based on employee's direct salary and benefit costs incurred while
conducting project -related work. The Department's Financial Manager may require a list
of items included in the indirect rate at any time.
D. Interlocal Agreements. The RECIPIENT will submit one copy of all interlocal
agreements relating to the project to the DEPARTMENT's Financial Manager.
E. Indirect Rate. The RECIPIENT may charge an indirect rate of up to 25 percent based on
employee's direct salary and benefit costs incurred while conducting project -related work.
The DEPARTMENT's Financial Manager may require a list of items included in the
indirect rate at any time.
F. Light Refreshments and Meetings. Prior approval must be given by the
DEPARTMENT for any meeting or refreshment costs incurred over $150.00.
G. Match Requirement.
Cash Match. The RECIPIENT share for this project must be entirely in the form of cash
expenditures or interlocal contributions. In-kind contributions cannot be used to satisfy
RECIPIENT grant matching requirements.
Page 6 of 9
Mapping Stormwater System
City of Yakima
Grant No. G0800598
Interlocal Match. The RECIPIENT certifies by signing this agreement that all negotiated
interlocal agreements are consistent with all of the following:
1. Terms of this grant agreement
2. The edition of "Administrative Requirements for Ecology Grants and Loans" that
is effective at the signing of this agreement.
3. Chapter 39.34 RCW Interlocal Cooperation Act
All negotiated interlocal agreements will be consistent with the terms of this grant
Agreement, the DEPARTMENT's current edition (at the signing of this agreement) of
Administrative Requirements for Ecology Grants and Loans and Chapter 39.34 RCW
Interlocal Cooperation Act. The RECIPIENT will submit a copy of each interlocal
agreement to the DEPARTMENT's Financial Manager before credit is given for grant
tasks associated with the interlocal agreement.
H. Minority and Women's Business Participation. The RECIPIENT agrees to solicit and
recruit, to the extent possible, certified minority-owned (MBE) and women -owned
(WBE) businesses in purchases and contracts initiated after the effective date of this
agreement.
Contract awards or rejections cannot be made based on MBE or WBE participation.
M/WBE participation is encouraged, however, and the RECIPIENT and all prospective
bidders or persons submitting qualifications should take the following steps, when
possible, in any procurement initiated after the effective date of this agreement:
1. Include qualified minority and women's businesses on solicitation lists.
2. Assure that qualified minority and women's businesses are solicited whenever
they are potential sources of services or supplies.
3. Divide the total requirements, when economically feasible, into smaller tasks or
quantities, to permit maximum participation by qualified minority and women's
businesses.
4. Establish delivery schedules, where work requirements permit, which will
encourage participation of qualified minority and women's businesses.
5. Use the services and assistance of the State Office of Minority and Women's
Business Enterprises (OMWBE) and the Office of Minority Business Enterprises
of the U.S. Department of Commerce, as appropriate.
The RECIPIENT will report to the DEPARTMENT at the time of submitting each
invoice, on forms provided by the DEPARTMENT, payments made to qualified firms.
Please include the following information:
1. Name and state OMWBE certification number (if available) of any qualified firm
receiving funds under the invoice, including any sub -and/or sub -subcontractors.
2. The total dollar amount paid to qualified firms under this invoice.
Page 7 of 9
Mapping Stormwater System
City of Yakima
Grant No. G0800598
Payment Request Submittals. The RECIPIENT must submit payment requests at least
quarterly but no more often than monthly, unless allowed by the DEPARTMENT's
Financial Manager. The DEPARTMENT's Financial Manager may require the
RECIPIENT to submit regular payment requests to ensure efficient and timely use of
funds.
Supporting Documentation. The RECIPIENT will submit all payment request vouchers
and supportive documentation to the DEPARTMENT's Financial Manager. Payment
request voucher submittals are based on match requirements found in the budget.
Required Forms.
Any Match Combination
Form A19 -1A (original signature)
Form B1 (ECY 060-3)
Form Cl (ECY 060-8)
Form D (ECY 060-11)
Cash Only Match
Form A19 -1A (original
signature)
Form B2 (ECY 060-7)
Form C2 (ECY 060-9)
Form D (ECY 060-11)
Where Applicable
Form E (ECY 060-12)
Form F (ECY 060-13)
Form H (F-21)
Form I (ECY 060-15)
Tracking and Reporting Costs. The RECIPIENT will track and report on all costs
incurred on the project, regardless of the funding source. This includes costs used as
match. All eligible and ineligible project costs must be separate and identifiable.
Reimbursements. Payments will be made on a cost -reimbursable basis.
J. Procurement. The RECIPIENT may elect to use its own forces or may contract for
professional services necessary to perform and complete project related work. The
RECIPIENT will ensure that this project is completed according to the details of this
agreement. By signing this agreement, the RECIPIENT certifies that all applicable
requirements have been satisfied in the procurement of any professional services.
The RECIPIENT certifies by signing this agreement that all requirements of Chapter
39.80 RCW Contracts for Architectural and Engineering Services have been met in
selecting qualified architectural/engineering services. The RECIPIENT will also identify
and separate eligible and ineligible project costs in the final negotiated agreement and
will submit a copy of this agreement to the DEPARTMENT's Financial Manager.
K. Progress Reports. The RECIPIENT will submit quarterly Progress Reports to the
DEPARTMENT'S Financial Manger and Project Manager. Payment requests will not be
processed without a Progress Report.
Page 8. of 9
Mapping Stormwater System
City of Yakima
Grant No. G0800598
Reporting Periods.
January 1 through March 31
April 1 through June 30
July 1 through September 30
October 1 through December 31
Reporting Due Date. Quarterly Progress Reports are due 30 days following the end of the
quarter.
Report Content. At a minimum, all Progress Reports must contain a comparison of actual
accomplishments to the objectives established for the period, the reasons for delay if
established objectives were not met and any additional pertinent information specified in
this agreement.
PART VII. ALL WRITINGS CONTAINED HEREIN
This agreement, the appended GENERAL TERMS AND CONDITIONS (Attachment 1); the
DEPARTMENT's current edition of Administrative Requirements for Ecology Grants and Loans,
the FY 2008 Stormwater Management Implementation Grant Program Guidelines, and the
applicable regional stormwater manual, referenced in Attachment 2; contain the entire
understanding between the parties, and there are no other understandings or representations other
than as set forth or incorporated by reference. No subsequent modification(s) or amendment(s)
of this agreement will be of any force or effect unless signed by authorized representatives of the
RECIPIENT and the DEPARTMENT and made a part of this agreement, EXCEPT that in
response to a request from the RECIPIENT, the DEPARTMENT may redistribute the grant
budget. The DEPARTMENT or the RECIPIENT may change their respective staff contacts
without the concurrence of either party.
IN WITNESS WHEREOF, the parties hereby execute this Grant:
STATE OF WASHINGTON CITY OF YAKIMA
DEPARTMENT OF ECOLOGY
KELLY SUSEWIND, P.E., P.G. DATE RICHARD A. ZAIS, JR. DATE
INTERIM WATER QUALITY CITY MANAGER
PROGRAM MANAGER
APPROVED AS TO FORM ONLY
ASSISTANT ATTORNEY GENERAL
(Revised 05/27/08)
Page 9 of 9
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ATTACHMENT 1
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements of
the Department of Ecology
A. • RECIPIENT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT
and RECIPIENTs employees. The RECIPIENT shall only use contractor/consultant assistance if that has
been included in the agreement's final scope of work and budget.
B. SUBGRANTEE/CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and
conditions of this agreement.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to
this agreement, the state of Washington is named as an express third -party beneficiary of such
subcontracts with full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and engineering
services shall be awarded through a competitive process, if required by State law. RECIPIENT shall
retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned
by the RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws,
orders, regulations and permits.
Prior to commencement of any construction, the RECIPIENT shall secure the necessary
approvals and permits required by authorities having jurisdiction over the project, provide assurance to
the DEPARTMENT that all approvals and permits have been secured, and make copies available to the
DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all
Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees
to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the
maximum extent possible. If the agreement is federally -funded, the RECIPIENT shall report to the
DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses.
3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws,
regulations, and policies of the United States and the State of Washington which affect wages and job
safety.
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state
industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT
shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein.
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or otherwise
involved in this project to give up any part Of the compensation to which he/she is otherwise entitled or,
receive any fee, commission or gift in return for award of a subcontract hereunder.
H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to this
agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or
object
• All grant/loan records shall be kept in a manner which provides an audit trail for all
expenditures. All records shall be kept in a common file to facilitate audits and inspections.
1
Engineering documentation and field inspection reports of all construction work
accomplished under this agreement shall be maintained by the RECIPIENT.
2. AD grant/loan records shall be open for audit or inspection by the DEPARTMENT or by
any duly authorized audit representative of the State of Washington for a period of at least three years
after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits
identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make
adjustments accordingly.
3. All work performed under this agreement and any equipment purchased, shall be made
available to the DEPARTMENT and to any authorized state, federal or local representative for inspection
at any time during the course of this agreement and for at least three years following grant/loan
termination or dispute resolution hereunder.
4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local
Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A-133,
if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for
each year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a
copy of the audit along with the RECIPIENT'S response and the final corrective action plan to. the
DEPARTMENT within ninety (90) days of the date of the audit report.
I. PERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request
or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing
to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability
to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the
action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation.
Payments may be withheld if required progress reports are not submitted.
Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30,
July 1 through September 30, and October 1 through December 31. Reports shall be due within thirty
(30) days following the end of the quarter being reported.
J. COMPENSATION.
1. Method of compensation. Payment shall normally be made on a reimbursable basis as
specified in the grant agreement and no more often than once per month. Each request for payment will
be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along
with documentation of the expenses. Payments shall be made for each task/phase of the project, or
portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as
satisfactory by the Project Officer.
The payment request form and supportive documents must itemize all allowable costs by
major elements as described in the Scope of Work. Instructions for submitting the payment requests are
found in "Administrative Requirements for Ecology Grants and Loans", part IV, published by the
DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests
are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee.
Payment requests shall be submitted to the DEPARTMENT and directed to the Project
Officer assigned to administer this agreement.
2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT
pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration
date of this agreement, unless those dates are specifically modified in writing as provided herein.
3. Final Request(s) for Payment. The RECIPIENT should submit final requests for
compensation within forty-five(45) days after the expiration date of this agreement and within fifteen (15)
days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement.
4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten
percent (10%) of each reimbursement payment as security for the RECIPIENTs performance. Monies
withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a
portion thereof, have been completed if, in the DEPARTMENTs sole discretion, such payment is
2
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reasonable and approved according to this agreement and, as appropriate, upon completion ()fan audit
as specified under section J.6. herein.
5. Unauthorized Expenditures. All payments to -the RECIPIENT may be subject to final
audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be
refunded to the DEPARTMENT by the RECIPIENT.
6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the
RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state
employees.
7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided
for in the Scope of Work hereunder.
K. TERMINATION
1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon
satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event
the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required
of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder.and/or
terminate this agreement by giving written notice of termination.
A written notice of termination shall be given at least five working days prior to the
effective date of termination. In that event, all finished or unfinished documents, data studies, surveys,
drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under
this agreement, at the option of the DEPARTMENT, shall become Department property and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the
DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of
any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the
purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the
RECIPIENT is determined.
2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent
on the availability of state and federal funds through legislative appropriation and state allotment. When
this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the
appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be
good cause to terminate this agreement as provided in paragraph K.1 above.
When this agreement crosses the RECIPIENT's fiscal year, the obligation of the
RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation
of funds by the RECIPIENT's governing body; Provided, however, that nothing contained herein shall
preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in
accordance with Section 0 herein.
3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the
project funded herein within four months after the effective date of this agreement, or by any date
mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to
terminate this agreement.
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach
of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as
a modification of the terms of this agreement unless stated as such in writing by the authorized
representative of the DEPARTMENT.
M. PROPERTY RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or
invents any patentable property, the RECIPIENT may copyright or patent the same but the
DEPARTMENT retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover
or otherwise use the material(s) or property and to authorize others to use the same for federal, state or
local government purposes.
Where federal funding is involved, the federal government may have a proprietary
interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C.
200-212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or
publish information of the DEPARTMENT; present papers, lectures, or seminars involving information
supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs,
brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT.
3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative
Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real and
personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence
of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with
respect thereto in the Scope of Work.
4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides
personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to
the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or
damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by
setoff by the RECIPIENT for the fair market value of such property.
5. Acquisition Projects. The following provisions shall apply if the project covered by this
agreement includes funds for the acquisition of land or facilities:
a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT
shall establish that the cost of land/or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire
title for each parcel prior to disbursement of funds provided by this. agreement. Such evidence may
include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that
the land is free from any impediment, lien, or claim which would impair the uses contemplated by this
agreement. .
6. Conversions. Regardless of the contract termination date shown on the cover sheet, the
RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed
pursuant to this agreement to uses other than those for which assistance was originally approved without
prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the
DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance
which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction
costs of such property.
N. SUSTAINABLE PRODUCTS
In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is
encouraged to implement sustainable practices where and when possible. These practices include use
of clean energy, and purchase and use of sustainably produced products (e.g. recycled paper). For more
information, see www.ecy.wa.gov/sustainability..
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent
upon satisfactory performance of this agreement including the satisfactory completion of the project
described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations
required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required
to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the
project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform.
4
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Interest shall accrue at the rate of twelve percent (12%) per year from the time the
DEPARTMENT demands repayment of funds. If payments have been discontinued by the
DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated
to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired
under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENTS property
and the RECIPIENTS liability to repay monies shall be reduced by'an amount reflecting the fair value of
such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by the
RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer
or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is
a dispute with regard to the extent and character of the work to be done, the determination of the Project
Officer or other designated official as to the extent and character of the work to be done shall govern.
The RECIPIENT shall have the right to appeal decisions as provided for below.
Q. DISPUTES
Except as otherwise provided in this agreement, any dispute concerning a question of fact arising
under this agreement which is not disposed of in writing shall be decided by the Project Officer or other
designated official who shall provide a written statement of decision to the RECIPIENT. The decision of
• the Project Officer or other designated official shall be final and conclusive unless, within thirty days from
the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the
DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the
opportunity to be heard and to.offer evidence in support of this appeal. The decision of the Director or
duly authorized representative for the determination of such appeals shall be final and conclusive.
Appeals from the Director's determination shall be brought in the Superior Court of Thurston County.
Review of the decision of the Director will not besought before either the Pollution Control Hearings
Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the'RECIPIENT
shall proceed diligently with the performance of this agreement and in accordance with the decision
rendered.
R. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this agreement who exercises any
function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any
decision which affects his/her personal interest or the interest of any corporation, partnership or
association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or
pecuniary interest, direct or indirect, in this agreement or the proceeds thereof.
S. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries,
consultant's fees, and other costs related to the project described herein, except as provided in the Scope
of Work.
2. To the extent that the Constitution and laws of the State of Washington permit, each party
shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons
or property arising from the negligent act or omission of that party or that party's agents or employees
arising out of this agreement.
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
U. SEVERABILITY
If any provision of this agreement or any provision of any document incorporated by reference
shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be
given effect without the invalid provision, and to this end the provisions of this agreement are declared to
be severable.
•
V. PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and
State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms
incorporated. herein by reference including the "Administrative Requirements for Ecology Grants and
Loans"; and (e) the General Terms and Conditions.
SS -010 Rev. 04/04
6
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ATTACHMENT 2
WATER QUALITY PROGRAM'S FINANCIAL MANAGEMENT PUBLICATIONS
1. Administrative Requirements for Ecology' Grants and Loans, Publication No. 91-18 (September 2005).
2. FY 2008 Stormwater Management Implementation Grant Program Guidelines, Publication No. 07-10-
067.
3. 2004 Stormwater Management Manual for Eastern Washington, Publication No. 04-10-076
- 4. Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, Publication No.
04-03-030 (July 2004).
5. Stream Habitat Restoration Guidelines (2004), http://wdfw.wa.gov/hab/ahg/shrg/index.htm
•
ATTAC:NMFNT 7 - Pie 1 of 1
Regional Stormwater Update
Yakima City Council
Picture? This presentation has been prepared by Brian Cochrane for presentation to
the Yakima City Council at the request of City staff. The primary purpose of the
presentation is to update the Council on activities to date, actions the Council can
expect to be involved in in the near future, and progress the City has made toward
compliance with the NPDES permit and UIC rules.
•
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1
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•
A Brief History
2005;'Rspd Forms.
iii2902; Regional
• Coalition forms
2007;•Ecology,tssuespeinit;
„Fteg dnal'zatloh;Study.rinds additional,
program "savings;; Regional ILA signed;,
Utility Ordinancesset rates' >'-
1994;.Yakima Regional'•
Sto"rmwater Management Plan
2011;'vie._.
_Registration
U)
2013; UIC.Risk..'
' Asdessfnent'DUe
2004; Regional
costs estimated,
"Joint ordinance
"prepared; City of
Yakima passes,
2006;Value Engineering finds cost
savings over previous estimates
To frame the discussion, I thought a timeline of events would be helpful..The Clean Water Act of 1972 contains the enabling
language for EPA and states to regulate discharges to surface waters. Programs within the CWA are focused on water
quality to meet the CWA goals to restore the chemical, physical, and biological integrity of the nation's waters. The CWA
focused on surface waters; the 1974 Safe Drinking Water Act focused on groundwater, with the expectation that we have a
reasonable expectation to be able to have drinking water that is not polluted. A 1987 CWA amendment to include
stormwater was necessary because efforts to cleanup the nation's waters by treating wastewater and industrial discharges
wasn't accomplishing the goals of the CWA. Three years later, EPA issued stormwater NDPES rules for big cities,
recognizing that stormwater pollution is largely an urban problem, and 9 years later, identified stormwater in all census
defined urban areas as regulated discharges.
Local programs have been around a while as well. Regional stormwater programs began in 1994 with a Yakima Regional
Stormwater Management Plan. A coalition formed in 2001 between local cities and the County to conduct a planning project
that better defined regulatory requirements and costs. Consultants were selected in May 2002. The consultants developed
a minimum program ensuring compliance with proposed stormwater regulations. A joint ordinance was prepared, however,
only the City of Yakima adopted it in November, 2004. By fall of 2005, a new guidance group, the Regional Stormwater
Policy Group (RSPG), consisting of elected officials from the City of Yakima, Union Gap, Sunnyside, and Yakima County
formed to re -review overall program costs and explore mechanisms for further cost savings by regional consolidation. The
RSPG commissioned a Value Engineering (VE) study to re-examine the costs of individual stormwater programs for each
municipality. The VE study, completed in October of 2006, found some cost savings. Upon completion of the VE study, the
RSPG re -hired the VE consultant to conduct an analysis of additional savings based on a regional approach. The regional
report concluded in January of 2007 that a sizeable savings over the VE study costs was achievable with a regional program,
especially in the first three years of the permit.
Ecology issued individual permits to the parties on February 16, 2007 and a three-year ILA for regional permit compliance
was signed on July 5, 2007. An NOI for joint permit coverage was submitted in August, 2007 and development of the
RSWMP began. Ecology issued co -permittee status for participating RSPG parties on October 1, 2007, identifying Yakima
County as the "lead entity". Even though the City of Yakima established their utility in 2004, rates were never assessed and
a utility rate resolution was passed in 2007 as well. Sunnyside and the County also established utilities to pay for their
programs as well.
A second, related set of rules addresses potential stormwater impacts to groundwater. Underground Injection Control (also
know as drywells) became regulated in 2006. Many of the City stormwater drains flow to drywells, and ultimately discharge
to groundwater (after being filtered by the soil). Drywells work well where soils drain well and are deep enough to prevent
contamination. Ecology requires all UlCs to be inventoried by 2011, and perform a risk assessment by 2013.
The current ILA for a regional program will expire in 2010. The current.permit period ends February 15, 2012.
Key points: Stormwater has its regulatory roots in water quality, not water quantity.
The 1987 amendment to the CWA due to lack of success cleaning up America's water by regulating just
wastewater and industrial pipes
Stormwater is a mix of what is traditionally called "non -point" sources with one set of regulations (BMP based)
and NPDES with another set of regulations (end -of -pipe -treatment). Because of this, our permit is very programmatic (so
far).
2
A Brief History
2005; RSPG Forms
2002; Regional
.':Coalition forms
;2007;. Ecology issues permit, .
.: Regionalization.Study finds additional
" program'savings; Regional, ILA signed;
Utdtty Ordinances set rates
1994; Yakima Regional
Stormwater Management Plan
2011; UIC•',,
- Registration
2004; Regional
costs estimated,
Joint ordinance
.prepared; City of
Yakima passes
2006; Value Engineering finds cost
savings over previous estimates
Key points: Stormwater has its regulatory roots in water quality, not water quantity.
The 1987 amendment to the CWA due to lack of success cleaning up America's
water by regulating just wastewater and industrial pipes
Stormwater is a mix of what is traditionally called "non -point" sources with one set
of regulations (BMP based) and NPDES with another set of regulations (end -of -
pipe -treatment). Because of this, our permit is very programmatic (so far).
•
3
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Permit Program Elements
1. Public Education
2. Public Involvement
3. Illicit Discharge Detection
& Elimination
4. Construction Site
Stormwater Runoff Control
5. Post -construction
Stormwater Management
6. Pollution Prevention &
Good Housekeeping
1. TMDL Compliance
2. Monitoring & Program Evaluation
The permit from Ecology focuses on program development in 8 areas. To date, we
have completed a website for public education. Future public outreach programs
will depend on target audiences identified (another permit requirement). Public
involvement to date includes a resolution passed by all regional partners outlining
the process and public input into development of a Stormwater Management
Program document. Illicit discharge detection and elimination or IDDE will require
procedures to follow to investigate complaints from the public, and an ordinance
(more in bit). The construction site stormwater and post -construction stormwater
management programs require an ordinance, siteplan review and inspection.
Pollution prevention and good housekeeping requires municipal operations to have
O&M plans. The idea is that municipalities should do what they require of others.
TMDL, or Total Maximum Daily Load, is an Ecology/EPA program to limit discharge
of specific pollutants to a given water body if that water body doesn't meet State
water quality standards. Our permit requires compliance with a TMDL if one is in
effect in our receiving water. No receiving waters in the area are currently under a
TMDL for constituents found in stormwater, but we are watching a few. Lastly, the
permit relies on reporting and documentation for demonstration of effectiveness, so
a monitoring and program evaluation element is required. We have submitted one
annual report to date.
4
Washington Department of Ecology
Eastern Washington Phase II Municipal Stormwater Permit
1. "Each Permittee shall effectively prohibit, through
ordinance or other regulatory mechanism, non-
stormwater discharges to the MS4, ..."
2. "..., all Permittees shall develop and adopt an
ordinance or other regulatory mechanism to require
erosion and sediment controls, and other
construction -phase stormwater pollution controls at
new development and redevelopment projects."
3. "..., all Permittees shall develop and adopt an
ordinance or other regulatory mechanism that
requires post -construction stormwater controls at
new development and redevelopment projects."
With respect to ordinances, the slide shows the exact, language from the permit.
Most regional cities have already adopted a utility ordinance to pay for the permit
program. These ordinance requirements are part of the permit and must be
implemented by specific deadlines.
•
5
"IDDE Ordinance Timeline
Model "Ordinance' Draft '
'. Resolve`. format, - ;
'. , Putilic Notice and Input,
,' Requirements„Existing •”
Code Rediew'; ',i'; •
','',4c166' tion "
DID
310
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•• $,�f
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••
,
ii
Permit Deadline
The IDDE ordinance must be completed first. This fairly detailed timeline shows our
schedule starting around September and finishing by the August 2009 deadline
specified in the permit. Most municipalities already have some form of code
prohibiting discharges. This ordinance is more specific to stormwater so should be
fairly straight -forward to implement.
6
Construction and Post -construction
Ordinance Timelines
'Motlel orainance'Dreft: : Public'Notice and"lnput
:.. Resolve format,
,
Requirements, Existing
Adoption ".,,,.. ".
DB
DL
DIG
Tasks >d 9M
Ory J. M /up Sp GM Mw as
Jr Feb Ma P. Mn Jin L Pq 5q ON Ma Gp
Jp® W fqi
taMNElal" tl,Pot.cvWtMn,r.Qdfafea
- ..
,
..a
;
lty rub, Peplabors
a ry repw.m. and meal aarrMa
_
Gpamg
pamq.a
..e
Yropl.morMen ...pp M. att. Med ado,0.
15
,!
PWlic S n
Pik ata nmae.
•• •
` . ..
'`'�T
Pio Mari'
Penan.AgMn
-.
Permit Deatlnne
This slide reflects the longer timeline anticipated for the construction and post -
construction ordinances. The steps are the same as for the IDDE ordinance. The
longer timeline reflects our estimate of additional time required to solicit public input
andcraft new language for the municipalities.
•
7
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•
Ordinance Considerations
• NPDES Permit
requirements
• Regional
Consistency
• Related
requirements in
current codes
• Adaptability &
Ease of revision
Some factors we are considering as we go through the process of crafting new
ordinances. The proposal incorporated in the Regional Stormwater ILA is that the
County will develop a model, and consult with city staff to fit the model into each
jurisdiction's code. This will be the most efficient method to develop consistent and
compliant ordinances, yet retain local flexibility.
8
Ordinance Progress
Working with partners
to determine
ordinance structure:
• One vs. three?
• All-inclusive?
• Or point to other
codes and
requirements?
Work has just begun on the construction and post -construction ordinance
requirements. Here are some ordinance issues we are talking with city staff about
before we launch into writing a model ordinance. There are advantages and
disadvantages to having one vs. many ordinances: one means it is all in one place,
however, a change means having to open up all of the ordinance to review. An
advantage of an encompassing ordinance is that it remains intact when other
references may change. On the other hand, an enabling ordinance provides
flexibility so that when change is needed, the external reference does the changing
and the code does not need to be updated. These are all considerations we are
trying to work out to get the best ordinance we can to meet the needs of both the
County and regional partnership Cities.
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9
•
•
•
• Infrastructure Mapping
• Ongoing Maintenance
• Capital Improvements
• UICs
Some stormwater NPDES permit requirements were not included in. the ILA
because they did not fit a regional model. Mapping and maintenance are best done
by the local jurisdictions since they know where their system is and what is required
to maintain it. The local jurisdictions also know what is broken and will require
capital improvements to upgrade. Lastly, UICs a) are not part of the NPDES permit,
and, b) vary widely between jurisdictions in terms of use and maintenance. Yakima
has over 5000 UICs; Sunnyside has none.
10
,ddb,. y.k:y';: - ^^�?J�j,: �',,.':',:. ,'ri,,�•y," .�y.�i"- .-:, %.Y-.:..
• Inventory (Map and Register) by 2011
• Risk Assessment by 2013
• Abandon or Retrofit
Staff asked that I update the council on UICs, since they are part of the stormwater
system in the City. The 2006 UIC regulations require registration of all UICs by
2011. Location is part of registration, so a mapping element is included in the labor
effort. The City currently has one crew mapping approximately 220 UICs per
quarter. With the addition of a second crew, inventory should be completed by the
deadline in Ecology's UIC rules. Again, the risk assessment component will
evaluate those with shallow depth to groundwater that pose a risk to groundwater
contamination and either abandon them or retrofit them with treatment devices to
reduce groundwater pollution.
•
11
• Inventory (Map and Register) by 2011
• Risk Assessment by 2013
• Abandon or Retrofit
Staff asked that I update the council on UICs, since they are part of the stormwater
system in the City. The 2006 UIC regulations require registration of all UICs by
2011. Location is part of registration, so a mapping element is included in the labor
effort. The City currently has one crew mapping approximately 220 UICs per
quarter. With the addition of a second crew, inventory should be completed by the
deadline in Ecology's UIC rules. Again, the risk assessment component will
evaluate those with shallow depth to groundwater that pose a risk to groundwater
contamination and either abandon them or retrofit them with treatment devices to
reduce groundwater pollution.
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11
•
•
Maintenance and inventory at the same time.
So if you are quick on the math in the last slide you might ask how come only 220
UICs are being inventoried per quarter? Twelve weeks per quarter, 5 days per
week, that's only 3 or 4 per day. The answer is that they are cleaning as they go
and that many are in a state of disrepair. Cleaning, or having the cleaning crew do
the inventory saves cost of having a separate effort to go to the same places again.
12
More UIC pictures. These photos show some of the conditions the crew is finding
and some of the repairs being performed as they go.
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13
Summary
'Water Quality
-One year into a 3 -
year ILA and a 5 -year
permit
'Three ordinances
developed and
adopted by February
2011
'Lots of local tasks to
complete as well
Questions?
14
Regional Stormwater Annual
Budget Report
./.4.7( • SERVICE
Calendar Year 2007 and 1st
Quarter, 2008
2007 Expenditure
County Yakima Sunnyside Union. Gap Total
Regional
(Grant 1)
Local Task 3
(Grant 1)
$5,056 $23,596 $3,371 $1,685 $33,709
$26,397 $26,397
Total $5,056 $23,596 $29,768 $1,685 $60,106
t
2007 Regional
Task 3 Completed Deliverables
• Regional Permit Application
• RSWMP Outline
• RSWMP Draft
• IDDE phone line and database
• Website
• Database of required permit information
developed (Standards)
* Excludes local Task 3 deliverables such as consultant study contracted by Sunnyside.
2007 Regional*
Estimated versus Actual Costs
County Yakima Sunnyside
Union
Gap
Total
Estimated $12,220 $57,026 $8,147 $4,073 $81,465
Actual $5,056 $23,596 $3,371 $1,685 $33,709
• Actual costs 41c/0 of estimated costs.
• Actual costs 71% of estimated costs when
only labor is considered.
* Excludes local Task 3 deliverables such as consultant study contracted by Sunnyside.
• •
•
2007 Grant Balances
County Yakima Sunnyside
Union
Gap
Total
Grant 1, Task 3
July 1, 2007
Grant 1, Task 3
Dec. 31, 2007
Grant 2
Dec. 31, 2007
$52,762 $52,762 $52,762 $52,762 $211,046
$47,705 $29,165 $22,994 $51,076 $150,940
$16,875 $78,750 $11,250 $5,625 $112,500
Combined Local
Government Grant
Balance
Dec. 31, 2007
$64,580 $107,915 $34,244 $56,701 $263,440
Grant agreement expires "no later than August 31, 2009"
First Quarter, 2008 Expenditure
County Yakima Sunnyside
Union
Gap
Total
Regional
(Grant 1)
Local Task 3
(Grant 1)
$4,317 $20,145 $2,878 $1,439 $28,778
$1,658 $1,658
Total $4,317 $20,145 $4,536 $1,439 $30,436
•
•
1st Quarter 2008 Regional*
Task 3 Completed Deliverables
• Model Public Policy Input Resolution
• Year 1 Annual Report
• RSWMP Document Public Input
• RSWMP Document Finalized for Year 1
Annual Report
* Excludes local Task 3 deliverables such as consultant study contracted by Sunnyside.
1st Quarter, 2008 Regional*
Estimated versus Actual Costs
County Yakima Sunnyside
Union
Gap
Total
Estimated $12,058 $56,271 $8,039 $4,019 $80,386.
Actual $4,317 $20,145 $2,878 $1,439 $28,778
• Actual costs 36% of estimated costs. Note: $100K
allocated in Year 2 for a Regional Manual
• Actual costs 79% of estimated costs when only labor
is considered.
* Excludes local Task 3 deliverables such as consultant study contracted by Sunnyside.
•
1st Quarter 2008
Approximate Grant Balances
County Yakima Sunnyside
Union
Gap
Total
•
Grant 1, Task 3
Jan. 1, 2008
Grant 1, Task 3
March 31, 2008
Grant 2
March 31, 2008
$47,705 $29,165 $22,994 $51,076 $150,940
$43,389 $9,021 $20,116 $44,904 $96, 881
$16,875 $78,750 $11,250 $5,625 112,500
Combined Local
Government Grant
Balance
March 31, 2008
$60,264 $87,771 $31,366 $50,529 $209,381
Grant agreement expires "no later than August 31, 2009"
Revised Expenditure Estimate
Assumptions:
•80% of previous estimate for labor
•$100,000 for Regional Manual, half in each remaining year
•10% of previous expense (non -labor) estimate
Annual Expenditure Estimate
Year 2 (2008) - $175,437
Year 3 (2009) - $238,997
Monthly Expenditure Estimates
Year
County
Yakima
Sunnyside
Union Gap
Total
2008
$2,193
$10,234.
$1,462
$731
$14,620
2009
$2,987
$13,942
$1,992
$996
$19,916
0
•
Month
2008
Estimated Monthly Grant Balance For Regional* Activities
Grant Balance
Grant
County Yakima Sunnyside* Union Gap*
Balance
•
Apr -08 $58,071 $77,537 $21,301 $22,511 $179,420
May -08 $55,878 $67 $19,839 $21,780 $164,800
Jun -08 $53,685 $57.070 $18,377 $21,049 $150,181
Jul -08 $51,492 $46 836 $16,915 $20,318 $135,561
Aug -08 $49,299 $36602 $15,453 $19,587 $120,941
Sep -08 $47,106 $26 368 $13,991 $18,856 $106,321
Oct -08 $44,913 i,113 $12,529 $18,125 $91,702
Nov -08 $42,720 $5.900 $1t067 $17,394 $77,082
Dec -08 $40,527 $(4,333) $9,605 $16,663 $66,795
Key: Grant 1
Grant 4 Grant Exhausted (cumulative balance to Yakima County)
* Excludes local Task 3 deliverables such as consultant study contracted by Sunnyside.
2009
Estimated Monthly Grant Balance For Regional* Activities
Month
Grant Balance
County Yakima Sunnyside* Union Gap*
Grant
Balance
Jan -09
Feb -09
Mar -09
Apr -09
May -09
Jun -09
Jul -09
Grant Expires> Aug -09
Sep -09
Oct -09
Nov -09
Dec -09
$37,539
$34,552
31,565
$28,577
$25,590
$22,602
$19,615
7
$(2,987)
$(5,975)
$(8,962)
$(11,950)
$(18,275)
$(32,216)
$(46,158)
$(60,099)
$(74,041)
$(87,982)
$(101,924)
$(115,865)
$(129,807)
$(143,748)
$(157,690)
$(171,631)
$7.614
5.622
$3.630
Si 639
$(353)
$(2,345)
$(4,336)
$(6,328)
$(8,320)
$(10,311)
$.(12,303)
$(14,294)
$15,667
$14,672
$13,676
$12,680
$11,684
$10,688
$9,693
$8,697
$(996)
$(1,992)
$(2,987).
$(3,983)
$60,821
$54,846
$48,871
$42,896
$37,274
$33,290
$29,307
$25,324
Key: Grant 'I
Grant Exhausted (cumulative balance to Yakima County)
$-
$-
* Excludes local Task 3 deliverables such as consultant study contracted by Sunnyside.
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t
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Estimated End -of -Grant Balances
• Good News = We are spending less than anticipated for compliance;
• Bad News - We may leave money on the table.
County Yakima Sunnyside Union Gap Total
Combined Grant $16,627
Balance — Aug 2009
Grant 2 Share $16,875
$8,697 $25,324
$5,625
Grant 1, Task 3
Remainder
$0
Grant 2 is more flexible than Grant 1. Most permit implementation activities are
eligible in Grant 2. At current projection, County and Union Gap need
additional local projects for permit implementation to completely exhaust Grant
2 funds.
•
Questions?
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. /6
For Meeting of: July 15, 2008
ITEM TITLE: Presentation and Consideration of legislation regarding a Stormwater Project:
A. A Resolution authorizing the City Manager to execute a Stormwater Management
Implementation Grant with the Washington State Department of Ecology for
mapping and inventorying existing stormwater infrastructure.
B. An Ordinance amending the 2008 budget and making an Appropriation in the 441-
Stormwater Operating Fund
SUBMITTED BY: Doug Mayo, Randy Meloy, and Shelley Willson
CONTACT PERSON/TELEPHONE: Randy Meloy, P.E., Surface Water Engineer 576-6606
SUMMARY EXPLANATION:
In. October 2007, the Stormwater Utility applied for a grant from the Department of Ecology's
FY2008 Stormwater Management Implementation Grant Program in the amount of $372,000 that
will reimburse the City for up to 75% of 1/3 of the cost of crews that map, inventory, assess, and
clean our existing stormwater infrastructure. These tasks are mandated under our NPDES Permit.
Ecology has informed the City the grant application has been approved. Negotiations are currently
underway between Ecology and the Stormwater Utility on the final Grant Agreement document. The
final document will be substantially similar to the enclosed.
This grant has a 25% match requirement. The Stormwater Utility will cover $124,000 while Ecology will
provide the remaining $372,000. The scope of work outlined must be completed before 2012. We
anticipate reimbursement amounts of $75,000 in 2008; $120,000 in 2009 and 2010, with the remainder
in 2011. The attached appropriation ordinance indudes both the grant revenue and additional
expenses of $75,000 for previously unbudgeted work estimated to be completed in 2008.
Resolution X Ordinances X Other (Specify) _Grant Document
Contract Mail to (name and address): Department of
Ecology Phone:
Funding Source: Revenue shall be credited to Stormwater Utility Fund 441
APPROVED FOR SUBMITTAL:�-�� City Manager
STAFF RECOMMENDATION:
A. Adopt the resolution.)
B. Read the attached ordinance by title only at the July 15, 2008 meeting. Pass ordinance after
second reading at the August 5, 2008 Council meeting.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL, ACTION: