Common use of Inter-municipal Agreement Clause in Contracts

Inter-municipal Agreement. There shall be a single fully-executed IMA among the Albany Pool Respondents to this Order on Consent, and an additional fully-executed IMA or IMAs between the Albany Pool Respondents and the WWTP Respondents. The IMAs shall be executed within the time frame required in Sub-paragraph V.C. The IMAs shall be enforceable as between the Respondents, meaning each IMA shall lay out the actions to restore compliance in the event of a breach of the respective IMA as well as immediate consequences that provide a deterrent effect in the event of a breach of the IMA by any one or more of the Respondent parties. The IMAs shall be submitted to the Department for review and acceptance six months in advance of the fifteen-month deadline under Sub-paragraph V.C unless a shorter time frame is specifically agreed to in writing with the Department. Each of the IMAs must be acceptable to the Department as satisfying the terms and purposes set forth in this subparagraph. Each IMA with a WWTP Respondent must further be acceptable to the Department under 6 NYCRR § 750- 2.9(a)(4). The IMAs shall include all provisions necessary to allow the Albany Pool permittees to cooperatively control the CSO discharges from this inter-municipal CSS in accordance with law, including the implementation of an approved LTCP. The IMAs must address each Respondent’s responsibility as required by their respective SPDES permits and this Order on Consent, and shall specify and designate, at a minimum, the ownership, operation, maintenance, funding, cost-sharing, indemnity, access and enforcement provisions necessary to finance and carry out the terms of the IMAs, an approved LTCP, and the requirements of this Order on Consent. The submission of the draft IMAs to the Department must include a schedule for the enactment of any ordinances necessary in order for the agreement to be carried out. The schedule will become an enforceable part of this Order following Department review and acceptance. In addition to the required IMAs, if the Respondents form a charitable organization under the section 501(c)(3) of the Internal Revenue Code, the formative documents that are relevant to carrying out the terms, conditions and requirements of this subparagraph shall also be submitted to the Department six months in advance of the fifteen-month deadline under Sub-paragraph V.C unless a shorter time frame is specifically agreed to in writing with the Department. IMAs and 501(c)(3) and other documents submitted pursuant to this Paragraph D shall not be subject to the terms of Article IV of this Order on Consent.