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07/15/2008 16 Department of Ecology Stormwater Management Implementation Grant; Budget Amendment and Appropriations
BUSINESS OF THE CITY COUNCIL ' YAKIMA, WASHINGTON AGENDA STATEMENT Item No. �(A 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 includes 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: V City Manaa 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: • RESOLUTION NO. R- 2008- 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 stormwater 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 40 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: • City Clerk David Edler, Mayor ORDINANCE NO. 2008 - AN ORDINANCE amending the 2008 budget for the City of Yakima; and making appropriations of $75,000 within the 441 - Stormwater Operating Fund for expenditure during 2008 to provide for mapping and inventorying existing stormwater infrastructure. WHEREAS, the City of Yakima has been awarded a Stormwater Management Implementation Grant with the Washington State. Department of .Ecology that will reimburse the City approximately $75,000 of 2008 start-up costs, and WHEREAS, the amount of $75,000 must be appropriated within the 441 — Stormwater Operating Fund for expenditure during 2008 to provide for mapping and ,inventorying existing stormwater infrastructure, and WHEREAS, at the time of the adoption of the 2008 budget it could not reasonably have been foreseen that the appropriation provided for by this ordinance would be required; and the City Council declares that an emergency exists of the type contemplated by RCW 35.33.091 and that it is in the best interests of the City to make the appropriation herein provided, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Appropriations are hereby made, for expenditure during 2008, from , Unappropriated Fund Balances in the 441- Stormwater Operating Fund to the various accounts and in the various amounts, to provide for mapping and inventorying existing stormwater infrastructure, all as specified in Schedule 1 attached hereto and incorporated herein. Section 2. This ordinance is one making an appropriation and shall take effect immediately upon its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 5th day of August, 2008. DAVID EDLER, MAYOR ATTEST: CITY CLERK First Reading: Publication Date: • Effective Date: r.ia'A gtnrmhrn1nnv('rAntnnnr 7 /in/gnnq Stormwater Operating Fund RESOURCES: Department of Ecology 441 -441- 213- 0000 - 33403 -1 DE TOTAL RESOURCES APPROPRIATIONS: Permanent Salaries 441 -441- 213 -0000- 53150 -111 Social Security 441 -441- 213- 0000 - 53150 -210 PERS 441 -441- 213 -0000- 53150 -221 Industrial Insurance 441- 441 -213- 0000 - 53150 -231 Unemployment Compensation 441 -441- 213 -0000- 53150 -270 Office and Operating Supplies 441 -441- 213- 0000 - 53150 -311 Repairs and Maintenance 441 -441- 213 -0000- 53150 -981 Operating Equipment 441 -441- 213- 0000 -59431 -642 TOTAL APPROPRIATIONS erp 7/10/08 8:24 AM SchedulelStormwaterEcology.xls app441 • $75,000 $75,000 $44,456 3,401 3,703 556 • 84 10,000 7,000 5,800 $75,000 u • r� u • Fund 441 St®rmwater 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 0 2008 Wastewater /Storter O/M Expense 0 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% - 66.70/. - 75.00/. - 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) ($2,280,178) ($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) ($505,124) ($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 I monthly - 0.58% - 1.16% -1.31% - 0.85% - 0.77% 0.08% - 53.74% - 8.33% 4.330/. -8.33% -8.33% - 8.33% (accum- budget) ($38,856) ($116,610) ($204,340) ($261,158) ($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 lot 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% 4.00/. - 58.3% -66.7% -75.0% - 83.3% - 91.7% - 100.0% (accum- budget) ($11,894) $9,447 $3,872 ($1,239) ($15,596) ($21,172) ($307,461) ($351,384) ($395,307) ($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 1 monthly 1 - 2.81% 1 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) ($6,961) ($174,245) ($199,137) ($224,029 ) ($248,922) ($273,814) ($298,706) $1,251 $4,255 $101 $2,678 $1,310 ST ATE Ot= VVASHiNGTON! DEPARTMENT. OF ECOLOGY O B r. 47G0^ Giy 7p, M/A 98 -704 -7600 E 3160 -407 -6000 711 f7e.aj1 fel -i'._e, e Pe'co,?s iii� speech a -!itV Can tal8-?c.. 7 833-624 % June 27, 2008 Randy Meloy City of Yakima 129 North 2nd Street Yakima, WA 98901 Re: Stormwater ivIanagement implementation Grant Program, 1iY2008 Ecology Agreement No. G0800598 Dear Mr. Meloy: Enclosed are three unsigned copies of the above - referenced agreement between the Department of Ecology 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 you should have any questions, please call me at (360) 407-70' )9. Sincerely, r7, �! Shelly Eisenbarth Financial Manger Water Quality Program Enclosures 0 cc: Richard Zais. City of Yakima t__ •SIGNATURE AUTHORIZATION FORM FOR-GRANTILOAN RECIPIENTS • T I i 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 Sianature Print or Tvi)e . I Title/Term of Office AUTHORIZED TO SIGN AGREEMENT AMENDMENTS Sianature I Print or Type . I Title N Fr,Y 070-208 (Rev. 01/2006) Ecology is an equal opportunity agency. AUTHORIZED TO SIGN REQUEST FOR REIMBURSEMENT Signature Print or Type Title N Fr,Y 070-208 (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: 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 RECIPIENT Federal ID Number: 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: DEPARTMENT Maximum Percentage: 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 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 ❑ 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 Stormwater System City of Yakima Grant No. G0800598 PART II. GOALS, OUTCOMES, AND POST PROJECT ASSESSMENT r A. Water Quality Goal(s): The overall goal of this project is focused on the protection of the Yakima River and includes: Stormwater 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: 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 determine 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. The system map will identify outfall sites that can be used for long -term stormwater monitoring. This satisfies SS.C. La of the Eastern Washington Phase II 0 Municipal Stormwater 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 51 • Mapping Stormwater System City of Yakima Grant No. G0800598 PART III. PROJECT DESCRIPTION The RECIPIENT currently has no map or inventory of the existing stormwater system showing locations and numbers of catch basins, inlets, dry- wells, manholes, invert elevations, and direction of stormwater 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 stormwater 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; aftainment 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 • • J • • • 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 Cash Only Match Form A 19 -1 A (original signature) Form A 19 -1 A (original signature) Where Applicable Form E (ECY 060 -12) Form B1 (ECY 060 -3) Form B2 (ECY 060 -7) Form F (ECY 060 -13) Form Cl (ECY 060 -8) Form C2 (ECY 060 -9) Form H (F -21) Form D (ECY 060 -11) Form D (ECY 060 -11) 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. 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 En in�g 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 DEPARTMENT OF ECOLOGY CITY OF YAKIMA 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 • • ATTACHMENT 1 GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements of the Department of Ecology A. RECIPIENT PERFORMANCE All activities for which grantfloan funds are to be used shall be accomplished by the RECIPIENT and. RECIPIENT's 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. Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT_ 2. All 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 RECIPIENTS 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 RECIPIENT's 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 DEPARTMENT's sole. discretion, such payment is 2 reasonable and approved according to this agreement and, as appropriate, upon completion of an 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 O 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. r� 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. 0 • 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 DEPARTMENT'S property and the RECIPIENT'S 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. I.n 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 be sought 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 0 • • • ATTACHMENT 2 • WATER QUALITY PROGRAM'S FINANCIAL MANAGEMENT PUBLICATIONS • C7 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 Mariaiement Manual for Eastern Washin Loon, 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.wd.gov/hab /ah /g shrg /index.htm ATTAC'PMFNT ? - Paae 1 of 1 Regional Stormwater Update Yakima City Council July 15, 2008 S[jNNYySjDE 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. • • • 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 clean up 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 UICs 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). 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 • Permit Program Elements 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, site plan 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. is 2 Washington Department of Ecology Eastern Washington Phase 11 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. �J • 5 1� u I DDE Ordinance Timeline Public Notice nd Input n:a n;lnn:` Z® 30 I =0 D WIw4P5W4 w kpMwibknfirip/Iwlelb tlmE «Yfiy '. D moa aE�un PLk I«w�mM M Exe imN' a6no »art POkrok� PD4n� aApn 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. • C.1 Construction and Post - construction Ordinance Timelines I w '. u " W . xa as - w r " i. .s s . .. VI Per 4 Deodine 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 and craft new language for the municipalities. • • 7 • 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. • 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. r� �J C7 9 • • 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 UICs UIC Inventory 7000 6000 Y- L �+s 3�ii 5000 V § k 5z� 2 ? 3000.0 - s Z 2000 Vr�«+?,�ax:? 3 1000 0 00 0° o om o0 ro d cP °j po 1g o .,o 10 ,,o o .� Dale +One In.entory Crow Two Imenlory Crews Number of UICs •' 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. • C7 11 • UICS 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. 0 �J 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? 0 • 14 . � . Regional o Annual Budget Calendar . Year 2007 a n d 1 st Q 2008 � d ^k,M \.y . » §y 9�11;1 i� _ ^ &G u- � � Regional (Grant 1) Local Task 3 (Grant 1) Total 2007 Expenditure County Yakima Sunnyside U -nion Gap Total $5,056 $23,596 $3,371 $51056 $23,596 $26,397 $17685 $33,709 $26)397 $29,768 $11685 $60,106 2007 Regional Task 3 Completed Deliverables • Regional Permit • RSWM.P Outline • RSWMP Draft • IDDE phone lin • Website e and database i • 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 Total Gap Estimated $12,220 $57,026 $8,147 $4,073 $81,465 Actual $5,056 $23,596 $3,371 $1,685 $33,709 • Actual costs 41 % of estimated costs. • Actual costs % of estimated costs when only labor is considered. ` . Excludes local Task 3 deliverables such as consultant study contracted by Sunnyside. • • • 2007 Grant Balances • Combined Local Government Grant Balance Dec. 31, 2007 $64,580 $107,915 $34,244 Grant agreement expires "no later than August 31, 2009" $561701 $263,440 County Yakima Sunnyside Union Gap Total Grant 1, Task 3 $52,762 $52,762 $52,762 $529762 $2111046 July 1, 2.007 Grant 1, Task 3 $471705 $29,165 $22,994 $51,076 $150,940 Dec. 31, 2007 Grant 2 $16,875 $78,750 $11,250 $5,625 $112,500 Dec. 31, 2007 Combined Local Government Grant Balance Dec. 31, 2007 $64,580 $107,915 $34,244 Grant agreement expires "no later than August 31, 2009" $561701 $263,440 First Quarter, 200.8 Expenditure County Yakima Sunnyside Union Gap Total Regional $4,317 $20,145 $2,878 $1,439 $28,778 (Grant 1) Local Task 3 $1,658 $1,658 (Grant 1) 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 Estimated County Yakima Sunnyside Union Total . Gap $12,058 $56,271 $8,039 $41019. $801386 Actual $41317 $20,145 $2,878 $1,439 $281778 • 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 Balances Union Total Yakima Sunn side County a y Gap .Grant 1, Task 3 $471705 $29,165 $22,994 $51,076 $150,940 Jan. 1, 2008 Grant 1, Task 3 $43,389 $9,021 $20,116 $44,904 $96,881 March 31, 2008 Grant 2 $16,875 $78,750 $11,250 $5,625. 112,500 March 31, 2008 Combined Local Government Grant $60,264.. $87,771 Balance March 31, 2008 $311366 $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 $101234 $1,462 $731 $14,620 2009 $2,987 $13,942 $1,992 $996 $19,916 2008 Estimated, Monthly Grant Balance For Regional* Activities Grant Balance Month County Yakima Sunnyside* Union Gap* Grant Balance Apr-08 $58,071 $77,537 $21,301 $227511 $1791420 May-08 $55,878 $67,303 $19,839 $21,780 $1641800 Jun-08 $53,685 $:1 _5 0 70 $18,377 $21,049 $150,181 Jul-08 $51,492 $46,836 $16,915 $201318 $1351561 Aug-08 $49,299 $36,602 $15,453 $19,587 $120,941 Sep-08 $47,106 $26,368 $13,991 $18,856 $1061321 Oct-08 $44)913 $16,134 $12,529 $18,125 $911702 Nov-08 $42,720 $5,900 $1.1,0)67 $17,394 $777082 Dec-08 $40,527 $(4,333) $9,605 $16,663 $661795 Key: Grant 1 Great 2 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 Grant Balance Month County Yakima Sunnyside* Union Gap* Jan -09 Feb -09 Mar -09 Apr -09 May -09 Jun -09 Jul -09 Grant Expires> Aug -09 Sep, 09 Oct -..09 N ©v -09 Dec - -09 $37,539 $34,552 $31,565 , $22,602 $19,615 F>1 6.62 $(2,987) $(5)975) $(8,962) $(11;950) $(18,275) $(32,216) $(46,158) $(60,099) $(74,041) $(87,982) $(101,924) $(115,865) $(1,29,807) $(143,748) $(157;690) $(171,631) $7,614 $3,539 $1 ,639 $(353) $(2,345) $(4,336) $(6,328) $(8,320) $(10131'1) $.(12; 303) $(14,294) $9,693 $8,697 $(996) $(1,992) $(2,987) $(3,983) I Key: Grant 1 (.gent 2 Grant Exhausted (cumulative balance to Yakima County) Grant Balance $601821 $54,846 $481871 $42,896 $37,274 $33,290 $29,307 $25,324 * Excludes local Task 3 deliverables such as consultant study contracted by Sunnyside. 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 Combined Grant $16,627 $8,697 Balance — Aug 2009 Grant 2 Share $16,875 $51625 Grant 1, Task 3 $� Remainder Total $25,324 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? Distributed at Bust /nets Meeting Regional Stormwater Update Yakima City Council July 15, 2008 Brian Cochrane Yakima County Regional Stormwater Lead http!/www co.yakima.wa.us /stormwater/ r SUNNYSIDE 1 Overview :z • Regional Organization • Public Involvement • Timeline • NPDES Permit • Ordinances • Local NPDES and UIC Requirements i 1 Reaional Oraanization RSPG g�mslDE Elected — Regional Stormwater Lead (RSL) Public Ouheach & Yakima County .-- b y Regional Stormwater Working Group (RSWG) € 3 Ca- permittee Stall d Public Participabon iwaese,rew, Leftw, Ntik Hwn p Mr Ordrwce¢) Ecology Public Involvement • RSPG Meetings • RSWG • Ecology • RSWMP • Website • Hotline Public and Interest Groups http: / /www.co.yakima.wa.us /stormwater/ a 0 1987; Congress amends the CWA to include the regulation of stormwater runoff 1974: Safe Drinking Water Act 1972; Clean Water Act 1973; NPDES authority delegated to Ecology Timeline 2005;RSPG Forms 2002; Regional Coalition forms 1994; Yakima Regional Stormwater Management Plan 1990; EPA issues NPDES rules for all cities and counties greater than 100,000 population 19%; EPA issues NPDES rules for all census- defined urban areas 2004; Regional costs estimated; Joint ordinance prepared; City of Yakima passes 2007; Regionalization Study finds additional program savings; 3 -yr. Regional ILA signed; RSL formed; Utility ordinances set rates 2007; Ecology Issues 5-yr. NPDES permit. 2006; Value Engineering finds cost savings over previous estimates 1� 2013; UIC Risk Assessment Due 2006; UIC Regulation effective 5 6 3 Ordinance Requirements Washington DOE NPDES Permit "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." Ordinance Considerations • NPDES Permit requirements • Regional Consistency • Related requirements in current codes • Adaptability & Ease of revision M IDDE Ordinance Timeline Model Ordinance Draft Resolve format, Public Notice and Input Requirements, Existing Code Review 1 _�— Adoption Disks aid4 .d I Mal Ju lit A* Sp Otl Rw Nd Jm feb M. V Mn Jm JY_ Sw Od Rn DId J,n feb W, wd Pe"d Deadline 9 Construction and Post - construction Ordinance Timelines Model Ordinance Draft Resolve format, Requirements, Existing tion 77p-----] Code Review 7absnd9lt,da 3tlS Mw Jun Jd AW Sp DN Rw k, J. ftl 3 Gp Ma l'A Mw J. Jd AW Sep Otl N. Den ID10 tr a Po CaMndbnai PGibavbv .ed- N MeX a mrb,n m 0 , Mei wir RSWOm mtlex bnplmn,nbbnNrigM1vnb�IbbMdwsiG 'b 4mW Dw moNi adintwe D" PobklwWem.N NEao i ... d,wiw d mohleiOrJwe Rwia maM adwue PobMrofw Pobfohn 7 uana�a, Pennd Deadline 10 y� u Ordinance Progress RSL working with RSWG to determine ordinance structure: -One vs. three? -All-inclusive? -Or point to other codes and requirements? HI City of Yakima UI Cs UIC Inventory 7000 i i 6000 i 5000 u 4000 E3000 — -- -- -- ---'-- --- -- -'-- —'� 2000 - -- - -' - -� 1000 _. _ :.... ........ ..... .......... 0 We —+—One Inventory Crew —Two Inventory Clews Number of UICs • Inventory (Map and Register) by 2011 • Risk Assessment by 2013 • Abandon or Retrofit 13 City of Yakima UICs Maintenance and inventory at the same time. 14 7 Summary • Regional Water Quality • One year into a 3 -year ILA and a 5 -year permit • Three ordinances developed and ado ted by February 201 • Lots of local tasks to complete as well • ILA needed to determine Regional tasks in Years 4 &5 of the permit Questions? ,6 1