Resolution 2023-18 - Needs Signed Agreement

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March 9, 2023 FINAL J. WHEREAS, the PARTIES are authorized to enter into this Agreement pursuant to Colorado Revised Statutes (C.R.S.) §29-1-201, et seq. NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS: SECTION 1. The Keep it Clean Partnership 1.01 The PARTIES will participate in the KICP to jointly identify and address stormwater quality requirements in each of their MS4 permits. 1.02 The PARTIES will participate in implementation of annual KICP work plans, which shall conform, generally, to the KICP mission, goals, and description of work as outlined in the Scope of Work attached hereto as Exhibit A. Annual work plans identify the joint activities and programs that can help meet the minimum control measures in the PARTIES' respective MS4 permits and, if agreed upon by the PARTIES, may also address other stormwater-related water quality issues in the PARTIES' jurisdictions. Annual work plans will be reviewed by the PARTIES to reflect changes in MS4 permit requirements or new or modified strategies or programs agreed to by the PARTIES. Annual work plans will be approved by the Steering Committee as defined in Section 2 of this Agreement. 1.03 The PARTIES will jointly develop annual work plans and budgets, identify funding needs and apportionment of funds, and define and maintain a management structure for the KICP. SECTION 2. Steering Committee 2.01 The Steering Committee is the official management and oversight body for the KICP. The Steering Committee shall consist of representatives from each of the PARTIES and shall di- rect and guide the annual work plan and review and approve the annual budget. The Steering Committee shall consider permit compliance as a primary objective in approving work plans and corresponding budgets. 2.02 The Steering Committee shall evaluate the implementation of the annual work plans and re- view and approve the annual contributions of each PARTY calculated by KICP staff in fund- ing the KICP and related administrative costs. 2.03 The voting membership of the Steering Committee shall consist of one designated voting rep- resentative from each of the PARTIES. An alternate voting representative may be appointed by each of the PARTIES. 2.04 A quorum of the Steering Committee shall consist of more than fifty percent of the voting membership. Although it is anticipated that decisions will be made by group discussion to reach general agreement, any of the PARTIES may require that a formal vote be taken. A formal vote requires that a quorum must be present, and except for measures requiring a greater or lesser majority under this Agreement, the affirmative vote of a majority of all total voting representatives of the Steering Committee shall be required to approve any measure brought to a formal vote before the Steering Committee. 2.05 The Steering Committee shall have the authority to adopt and amend bylaws with a majority vote of all total voting representatives. 2.06 The Steering Committee, or a sub -set of Steering Committee members or their delegates as agreed to by the Steering Committee, shall participate on the selection committee for any con- sultant(s) or contractor(s) to be paid from KICP funds ("Outside Contractor"), and shall be re- sponsible for reviewing and approving contracts with Outside Contractors, including the scope(s) of work, schedules of performance, use of subcontractors, and compensation for such Keep it Clean Partnership IGA Page 2 of 11 March 2023