HomeMy WebLinkAbout000787 Original ContractCity of Port Angeles
Record # 000787
FCC -406-13
INTERLOCAL AGREEMENT
BETWEEN KITSAP COUNTY AND
THE CITY OF PORT ANGELES
FOR THE WEST SOUND STORMWATER OUTREACH GROUP
I. PREAMBLE
This interlocal Agreement (hereafter "AGREEMENT") is by and between Kitsap County
(hereafter "COUNTY") whose principal offices are located at 614 Division Street, Port
Orchard, WA, 98366 and the City of Port Angeles (hereafter "CITY") whose principal
offices are located at 321 East 5th Street, Port Angeles, WA 98362.
II. RECITALS
Whereas, the Washington State Department of Ecology requires owners or operators of
a municipal separate storm sewer system to obtain coverage under a Western
Washington NPDES Phase II Municipal Stormwater Permit; and
Whereas, mutual benefits will accrue to the parties hereto and the people which each
serves in the cooperative implementation of the West Sound Stormwater Outreach
Group. The Interlocal Cooperation Act, chapter 39.34 RCW, further authorizes the
parties hereto to enter into this AGREEMENT; and
Whereas, Permittees are required by Permit Section S5.C.1 to provide stormwater
education and outreach programs designed to achieve measurable reductions in
behaviors that cause or contribute to adverse stormwater impacts; and
Whereas, coordination among Permittees with adjoining or shared geographic areas is
encouraged by Washington State Department of Ecology and enhances access to
federal, state, and other financial and technical support; and
Whereas, West Sound residents share media sources and would benefit from
consistent messaging across city and county boundaries; and
Whereas, municipal resource efficiency is increased and cost savings are realized
through sharing expertise, expenses, and staff time to gain economies of scale and
avoid duplication; and
Whereas, Kitsap County, United States Naval bases therein, and the cities of Poulsbo,
Bremerton, Port Orchard, Gig Harbor, Bainbridge Island and Port Angeles desire to
continue working together as the West Sound Stormwater Outreach Group to
coordinate joint development and implementation of stormwater education and outreach
programs.
NOW THEREFORE, the parties mutually agree as follows:
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III. AGREEMENT
A. The Recitals set forth above are expressly incorporated into the Agreement by
this reference.
B. This AGREEMENT consists of the following documents:
1. Interlocal Agreement
2. Exhibit A: West Sound Stormwater Outreach Group Scope of Work and
Budget
C. Purpose: The purpose of the AGREEMENT is to provide a mechanism through
which COUNTY and CITY voluntarily collaborate in the development, implementation,
and funding of stormwater education and outreach messages, materials, activities, and
program assessment tools for the general public, businesses, and other target
audiences as required by the NPDES Phase II Permit.
D. Payment and Funding: CITY will provide COUNTY funds in an amount not to
exceed a total of $8,290 per year, $24,870 total for the years 2014 to 2016 inclusive.
In accordance with Section I below, COUNTY agrees to send invoices to CITY
representative for reimbursement of allowable expenses incurred as defined in Exhibit
A.
E. Scope of Work: COUNTY and CITY shall perform duties and services as are
listed in Exhibit A, attached hereto and incorporated herein by this reference. Said
services shall be performed in accordance with the approved Scope of Work and
budget specified in Exhibit A, and as provided for in Section I of this AGREEMENT.
F. COUNTY and CITY Administrators:
The "West Sound Stormwater Outreach Group" is a collective of local jurisdictions and
is not a separate legal entity. Accordingly, Jayna Ericson, SSWM Outreach and
Education Coordinator, 614 Division Street MS 26-A, Port Orchard WA 98366 shall
represent COUNTY in all matters pertaining to the services rendered under this
AGREEMENT. All requirements of the CITY pertaining to the services and materials to
be rendered under this AGREEMENT shall be coordinated through the COUNTY
representative.
Jonathan Boehme, Port Angeles' Stormwater Engineer, 321 East 5th Street, Port
Angeles, WA 98362 shall represent the CITY in all matters pertaining to the services
and materials to be rendered under this AGREEMENT. All requirements of the
COUNTY pertaining to the services or materials to be rendered under this
AGREEMENT shall be coordinated through the CITY representative.
Following a change of representative, COUNTY and CITY will inform the other party in
writing within ten (10) working days.
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G Reporting: By January 31St of each year this AGREEMENT is in effect,
COUNTY and CITY will jointly report the results of work conducted under this
AGREEMENT in a manner that is mutually useful in the fulfillment of NPDES Permit
reporting requirements for public education activities, as specified in Permit Section
S9.E.2.c.
H. Responsibilities of the Parties: It is mutually understood that CITY will provide
COUNTY with the following:
s
Up to $24,870 over the duration of this AGREEMENT for development of
educational materials, professional service fees, partial reimbursement of
COUNTY administrative costs, and other expenses related to tasks as described
in Exhibit A. CITY will also contribute staff time to attend meetings, provide input,
conduct pertinent research, and participate in program development.
It is mutually understood that COUNTY will provide CITY with the following:
COUNTY will provide administrative services and act as financial manager for
this AGREEMENT and associated professional service contracts. COUNTY will
also contribute staff time to facilitate meetings, provide input, conduct pertinent
research, and participate in program development.
1. Reimbursement: CITY shall reimburse COUNTY for actual incurred costs upon
presentation of a properly executed invoice. Costs shall be charged and funding
reimbursed based upon appropriate program elements as defined in Exhibit A.
COUNTY may exceed line item amounts within individual program element budgets, but
shall not exceed the total budget for each individual program element without written
approval of CITY. Reimbursement requests shall not be made to CITY more frequently
than once a month. CITY shall reimburse COUNTY within thirty (30) days of receipt of
a properly executed COUNTY invoice.
J. Property: Title to property purchased by COUNTY, the cost of which COUNTY
has been reimbursed as a direct item of cost under this AGREEMENT, shall pass to
and vest to COUNTY. Property purchased with funds delivered pursuant to this
AGREEMENT may be used only for the performance of this AGREEMENT and shall be
purchased in accordance with applicable state law and COUNTY purchasing policies.
K. Assignment: COUNTY may assign or subcontract any portion of the services
provided within the terms of this AGREEMENT. All terms and conditions of the
AGREEMENT shall apply to any approved subcontract or assignment related to this
AGREEMENT.
L. Indemnity: Both COUNTY and CITY shall accept responsibility for any and all
liability arising from acts of its own officers, employees, agents and contractors to the
extent provided by law. Additionally, each party agrees to indemnify, defend, and hold
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harmless the other party, and its officers, agents, and employees for all claims
(including demands, suits, penalties, losses, damages or costs of any kind whatsoever)
including costs, expenses and reasonable attorney's fees, to the extent such a claim
arises or is caused by the indemnifying party's own negligence or that of its officers,
agents, or employees in performance of this Agreement.
Nothing contained in this section of this Agreement shall be construed to create a
liability or a right of indemnification in any third party.
This section shall survive the expiration of this Agreement.
M. Amendments: The parties hereby further agree that this AGREEMENT cannot
be amended or modified without the written concurrence of both parties.
N. Termination: Either party to this AGREEMENT may elect to terminate this
AGREEMENT for any reason by delivering a sixty (60) day written notice of intent to
terminate to the other party. In the event of such termination, COUNTY shall be
compensated for the actual costs incurred prior to the time of written notification of
contract termination.
O. Duration: This AGREEMENT shall commence on the date of execution, and
shall remain in effect through December 31, 2016.
P. RECORDING. Pursuant to RCW 39.34.040, this Agreement shall be filed with
the Kitsap County Auditor.
Q. WAIVER. A failure by either party to exercise its rights under this agreement
shall not preclude that party from subsequent exercise of such rights and shall not
constitute a waiver of any other rights under this Agreement unless stated to be such in
a writing signed by an authorized representative of the party and attached to the original
Agreement.
R. GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
S. VENUE. The venue for any action to enforce or interpret this Agreement shall lie
in the Superior Court of Washington for Kitsap County, Washington.
T. MULTIPLE ORIGINALS. This Agreement may be executed in multiple copies,
each.of which shall be deemed an original.
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, if such remainder conforms to the requirements of applicable law and the
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fundamental purpose of this agreement, and to this end the provisions of this
Agreement are declared to be severable.
IN WITNESS WHEREOF, this Agreement was executed by the parties on the dates
hereinafter indicated.
DATED this day of
t��,201 3 DATED thi�ay of ,201
CITY OF PORT ANGELES KITSAP COUNTY
BOARD OF COMMISSIONERS
Dan McKeen, City Manager
ATTEST
J n ssa Hurd, City Clerk
Approved as to Form:
Charlotte Garrido, Chair
Robert Gelder, tommissioner
6� A4474
Linda Streissguth, Commissioner
ATTEST
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William E. Bloor, City Attorney Dana Daniels, Clerk of the Board
GO M OX E15�'r
CO O�
CO
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WEST SOUND STORMWATER OUTREACH GROUP
Scope of Work & Budget for 2014-2016
Kitsap County and the Cities of Poulsbo, Bremerton, Port Orchard, and Gig Harbor have been
working to jointly develop, implement, and fund NPDES Municipal Stormwater Permit -required
outreach via interlocal agreements since 2008. With the additions of Bainbridge Island and Port
Angeles in 2012, the group assumed the name of West Sound Stormwater Outreach Group
(WSSOG), to represent the regional scope and to align with other similar groups across Puget
Sound under the Stormwater Outreach for Regional Municipalities (STORM) umbrella.
A. GOALS, OBJECTIVES, AND TASKS
Goals:
1. Work cooperatively to help meet the requirements for compliance with NPDES Phase II
Municipal Stormwater Permit Section S5.C.1, Public Education and Outreach, through the
implementation of "education and outreach program[s] designed to reduce or eliminate
behaviors and practices that cause or contribute to adverse stormwater impacts and
encourage the public to participate in stewardship activities."'
2. Realize cost savings and increase municipal resource efficiency by sharing expertise,
expenses, and staff time to gain economies of scale and avoid duplication.
3. Jointly work to help fulfill education and outreach requirements of local Total Maximum
Daily Loads (TMDLs), also known as Water Pollution Cleanup Plans.
4. Benefit citizens of the West Sound region by providing consistent outreach and messaging.
5. Gain enhanced access to federal, state, and other financial and technical support through
coordination among Permittees, with adjoining or shared geographic areas.
Objectives & Tasks:
Obiective 1 Develop and adhere to an annual work plan for each year of this interlocal
agreement.
Task 1.1 Jointly develop a work plan for each year by January 31 of 2014, 2015, and 2016.
Obiective 2 Build on existing successful efforts by maintaining elevated awareness levels and
environmentally positive behavior trends for one audience and behavior
selected during the previous Permit term.
Task 2.1 Review available survey results to determine impact of existing outreach efforts.
1 Washington State Department of Ecology, Western Washington Phase 11 Municipal Storm water Permit
(2013) p.16.
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Task 2.2 Continue to achieve sustained awareness and practice of proper pet waste
management.
• Update the Education & Outreach Plan for Pet Waste in Backyards,
including a strategy for sustained awareness for the current Permit term.
® Update the Education & Outreach Plan for Pet Waste in Public Places,
including a strategy for continued awareness and behavior adoption for
the current Permit term, leading to sustainable growth and maintenance
of the Mutt Mitt Program.
Objective 3 Select one new behavior and target audience. Review and prioritize the list of
NPDES Permit audiences and practices to be addressed by a behavior change
campaign. Revise as necessary based on emerging issues, opportunities, and
evaluation results.
Task 3.1 Assess practices that are most likely contributing to adverse stormwater impacts
based on regional reports, studies, and knowledge of local pollution problems.
Consider the scope of the problems as identified by reports, water quality data,
and inspection/investigation results.
Task 3.2 Evaluate behaviors targeted for social marketing campaigns using factors such
as:
® Attitude and behavior survey data, such as the Puget Sound Partnership's
General Opinion Survey and Sound Behavior Index results;
® Applicability of the issue across the West Sound region;
® Availability of existing, effective programs that can be modeled;
• Opportunities to collaborate with others involved in stormwater outreach
programs;
® Degree to which behaviors are single, simple, doable, and measurable; and
® Findings from Task 3.1.
Obiective 4 Design or adopt a social marketing campaign with built-in evaluation protocols
for the highest priority behavior from Objective 3.
Task 4.1 Conduct formative research, which may include:
• Reviewing other program designs, management approaches, and evaluation
strategies;
• Adopting a campaign approach that has been thoroughly evaluated and
proven successful in a similar community; and/or
® Utilize focus groups or other survey tools to garner in-depth information on
attitudes and practices relative to the behavior, and identify barriers and
benefits of the target audience adopting the behavior.
Task 4.2 Develop a campaign strategy based on research from Task 4.1 that includes an
evaluation plan with specific, measurable, and achievable outcomes.
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Obiective 5 Implement a social marketing campaign for the highest priority behavior.
Task 5.1 Test the campaign strategy on a small segment of the population, using focus
groups and/or pilot studies to refine and reevaluate the strategy.
Task 5.2 Implement the campaign across the community, assessing effectiveness at
proper intervals, documenting progress, and changing the campaign strategy as
necessary to achieve defined outcomes.
Task 5.3 Continue the program at an appropriate level once measurements indicate
increased adoption of the behavior in the target audience.
Objective 6 As resources and consensus of the group are available, implement additional
campaigns using a phased approach for each prioritized behavior and associated
target audience.
Task 6.1 Pursue grants and other funding opportunities as available and appropriate.
Obiective 7 Use adaptive management to refine programs and direct education and
outreach resources most effectively.
Task 7.1 Take advantage of mutually beneficial outreach opportunities that fall within the
NPDES Permit -required scope of audiences and behaviors, regardless of
prioritization ranking.
Task 7.2 Seek opportunities to share among member jurisdictions the existing outreach
efforts to audiences not prioritized within the WSSOG activities, such that these
efforts are beneficial to all members.
Objective 8 Represent the WSSOG on larger regional stormwater outreach efforts through
participation as a Core member of STORM and the Puget Sound Starts Here
(PSSH) campaign development team.
Task 8.1 Help implement the STORM Strategic Plan and annual Work Plan to achieve
results of use and benefit to the WSSOG.
Task 8.2 Promote capacity building among STORM and WSSOG members to raise the
caliber of collective outreach in the region.
Task 8.3 Support development and implementation of the PSSH awareness campaign in
conjunction with on the ground local behavior change programs.
Obiective 9 Track and maintain records of education and outreach activities. Publish an
annual summary of activities that is suitable for use in NPDES reporting.
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Table 1 shows the annual budget for years 2014 through 2016. The annual Staff Time budget of
$43,720 is for 0.5 FTE of a Kitsap County Education & Outreach Coordinator's time to
administer the Interlocal Agreement and manage outreach programs identified in the annual
work plan on behalf of the WSSOG. This funding also includes coordination with STORM, the
Puget Sound Starts Here campaign development team, ECO Nets, and all associated travel
expenses; as well as administrative duties such as financial tracking and management. The
annual staff time budget will be shared by all WSSOG jurisdictions in proportion to their relative
population size, as shown in Table 1.
The annual Outreach Base Programs budget of $65,020 will be used to implement joint
programs prioritized by the group and agreed upon for inclusion in the WSSOG annual work
plan. This may include activities such as the Mutt Mitt Program, backyard pet waste outreach,
reporting hotline promotion, advertising, business outreach, local implementation of the Puget
Sound Starts Here campaign, newsletters and literature development, priority behavior change
programs, member capacity building, and evaluation/surveys. The WSSOG will make every
effort to minimize actual costs by selecting competitive bids for professional services, and by
pursuing grants and other funding sources as available and appropriate.
The annual Supplemental Programs Budget was added to accommodate several jurisdictions
that expressed a desire for additional outreach support. This allows flexibility for jurisdictions
to customize a suite of outreach options to meet the needs of their communities. Rates for
elementary classroom lessons were based on County staff time for lesson preparation, teaching
time, and travel. Cinema ad rates were based on real charges incurred for similar advertising in
2012.
Table 1. Annual budget for all program elements.
Jurisdiction
Population
(2013)
Relative
Population
Staff
Time
Base
Programs
Budget
Supplemental
Programs
Budget
Annual Cost
per
Jurisdiction
Unincorporated KC
170,505
60.7%
$26,540
$39,460
N/A
$66,000
Bremerton
37,850
13.5%
$5,900
$8,780
$0
$14,680
Bainbridge Island
23,190
8.3%
$3,630
$5,400
$0
$9,030
Port Angeles
19,120
6.8%
$2,970
$4,420
$900,
$8,290
Port Orchard
12,870
4.6%
$2,010
$2,990
$8603
$5,860
Poulsbo
9,585
3.4%
$1,490
$2,210
$1,6504
$5,350
Gig Harbor
7,670
2.7%
$1,180
$1,760
$2,7005
$5,640
TOTAL
280,790
100.0%
$43,720
$65,020
$4,660
$114,850
, Includes funding for 2 months of cinema ads in Port Angeles.
3 Includes 4 elementary school classroom lessons at $215 each.
4 Includes 6 elementary school classroom lessons at $275 each.
5 Includes funding for 2 months of cinema ads at the Galaxy Uptown Theatre in Gig Harbor.
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