HomeMy WebLinkAbout000571 Original ContractThis Inter -Local Agreement is between the City of Port Angeles (herein after referred to as "the
City") and the Clallam County (herein after referred to as "the County") for the purpose of
volunteer recruitment, training and coordination for water quality monitoring, and associated
data storage and reporting. Funding for this work is through the City of Port Angeles.
WHEREAS, the Inter -Local Cooperation Act, RCW 39.34, provides that any two public
agencies of the state having separate authority to exercise a particular power may enter into an
agreement for cooperative or joint exercise of that power; and
WHEREAS, the City is a municipal corporation of the State of Washington, and the County is a
political subdivision of the State of Washington, and each party has the authority to contract for
water quality monitoring services under Article XI 11 of the Washington State Constitution;
Chapter 17.10 RCW; Chapter 36.89 RCW; Chapter 85.15 RCW; and
WHEREAS, the City desires to monitor levels of fecal coliform bacteria and other water quality
issues in the streams and harbor of Port Angeles, in a systematic and scientific manner,
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City of Port Angeles
Record #000571
It is mutually agreed that:
INTER -LOCAL AGREEMENT
BETWEEN
CITY OF PORT ANGELES
AND
CLALLAM COUNTY
FOR STREAM WATER QUALITY MONITORING
WHEREAS, the City would like to use the services of the County's Streamkeepers program.
A. The County's Responsibilities:
1. Recruit and train volunteers through the County's Streamkeepers program to perform water
quality sampling in the Port Angeles area.
2. Devise a sampling plan in conjunction with the City. Sampling sites, parameters, and
periodicity will be agreed upon by Streamkeepers and the City. Sites will have safe access.
Where a sampling site is not accessible from a public road or other easement, the City will
obtain the landowner's permission for Streamkeepers' staff and/or volunteers to access the
site. Baseline sampling is expected to include monthly and quarterly sampling for fecal
coliform in fresh water streams and fecal coliform and enterococci in marine waters, as well
as annual sampling for benthic macroinvertebrates. The sampling plan will depend upon
funding and laboratory costs.
3. Submit samples to laboratories for analysis:
a. Bacterial and other water quality samples to the County Environmental Health Lab or,
when the County Environmental Health Lab is unable to perform the analysis, another
state accredited lab as defined in RCW 43.21A230 and WAC 173 -50 -040.
b. Benthic macroinvertebrate samples to professional taxonomylaboratories for
identification and verification.
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4. Gather data not requiring laboratory analysis, either on -site or using a facility of the County's
choosing, using standard Streamkeepers protocols and quality- control measures.
5. Record, confirm, and analyze all results, and report them to the City via the standard
reporting/recordkeeping formats as used by the County's Streamkeepers program.
B. The City's Responsibilities:
1. Provide direction as to overall sampling design, including sites, parameters, and periodicity.
2. In the instance that a sampling site is not accessible from a public road or other easement,
obtain landowner permission to access the site for sampling purposes.
3. Arrange with analytical laboratories for payment, as appropriate. Expected laboratory
services include:
a) Water samples for pollutant analysis. The 2012 lab fees at the Clallam County
Environmental Health Laboratory are $26.00 per sample for membrane filter fecal
coliform tests and $35.00 per sample for enterococci bacterial tests. Payment of lab fees
will be based on current year sample rates as set by the Clallam County Environmental
Health Laboratory. If other parameters, methods, or laboratories are used, fees will vary.
b) Benthic macroinvertebrate samples for taxonomic analysis per the Benthic Index of
Biological Integrity (B -IBI). Laboratory fees cannot be determined in advance, but the
City will use the same taxonomist(s) the County uses and will pay the same rate,
including pro -rated costs for Quality Assurance laboratory analysis.
4. The City will pay for staff services (described in "A." above) at the staff billing rate and
actual cost of incidental material. The County will invoice the City monthly, and the City
will pay within 30 days. The 2012 staff billing rate is $44.02 per labor hour. Subsequent
years will be billed at he established staff billing rate set by Clallam County.
5. City's maximum obligation: The total cost of services for the above tasks, including
payments to Streamkeepers and laboratories, will not exceed $11,500.00 for the 2012
calendar year and $15,000 for the 2013 calendar year. In each subsequent calendar year, the
total cost of services for the above tasks is not to exceed $20,000.
C. General Conditions:
1. Duration: Unless tenninated by either party, this agreement is effective from January 1, 2012
until December 31, 2016.
2. Modification: This Agreement may be amended or altered only by written agreement of the
designated representatives of both the City and the County upon the signature of such
representatives. The amendment shall explicitly state that it is an amendment to this
Agreement.
3. Termination: This Agreement may be terminated by either party sixty (60) days after receipt
of written notice of intent to terminate; PROVIDED that either party may immediately
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terminate this Agreement for public convenience or in the event of a financial emergency. If
this contract is terminated or expires, the City is obligated to reimburse the County for all
costs incurred in performance of the Agreement prior to its termination or expiration.
4. Property: The parties do not intend to purchase or acquire any real or personal property in
performance of this Agreement, other than the consumables necessary to perform this
Agreement. However, should any property be purchased or acquired in performance of this
Agreement, it will remain with the purchasing party upon termination or expiration of this
Agreement.
5. Ownership of Items Produced: All writing, programs, data, public records or other materials
prepared by the County and/or its consultants, subcontractors, or volunteers, in connection
with performance of this Agreement will be entered into the Clallam County Water
Resources database, and then delivered to the City. The parties recognize and acknowledge
that all such information is available to the public.
6. Non Discrimination: The County shall not discriminate against any person on the basis of
race, creed, political ideology, color, national origin, sex, marital status, sexual orientation,
age, or the presence of any sensory, mental or physical handicap.
7. Defense, Indemnity, Hold Harmless: The County shall defend, indemnify, and hold the City
harmless from and against any liability for any /all injuries to person or property arising from
the sole negligent act or omission of the County or its elected officials, department heads,
agents, or employees in performance of this Agreement.
The City shall defend, indemnify, and hold the County harmless from and against any
liability for any /all injuries to person or property arising from the sole negligent act or
omission of the City or its elected officials, department heads, agents, or employees in
performance of this agreement.
8. Administration: This Agreement will be administered by the County's Streamkeepers
program.
The County's contact is: Ed Chadd, Associate Planner, Clallam County, 223 E. 4 Street,
Suite 6, Port Angeles, WA 98362,(360) 417 -2281, Streamkeepers@co.clallam.wa.us.
The City's contact is: Jonathan Boehme, Stormwater Engineer, City of Port Angeles, 321 E.
5 Street, Port Angeles, WA 98362,(360) 417 -4811, jboehme@cityofpa.us.
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IN WITNESS HEREOF, this Agreement is executed by Clallam County and by the City of Port
Angeles, Washington.
CITY OF PORT ANGELES
Dan McKeen, City Manager Ho /ard V. Doherty Jr Chair
u.n
Dated this 01 day of bMovun DPr' 2012. P ated this a day of f3gebrn,lx v 2012.
Attest:
a Hurd, City Clerk
Approved As To Form: Approved A To Form.
William E. Bloor, Attorney
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CLALLAM OUNTY BOARD OF
COMMI ONE
aig
Attest:
Trish Holden, Clerk of the Board,.CMC
Bnan Wendt, Deputy Prosecuting Attorney