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HomeMy WebLinkAbout001250 Original Contract The City of Port Angeles Record # 001250 KC-378-16 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„ Part Orchard, Washington 98366 and the City of Port Angeles (hereafter"CITY") whose principal offices are located at 321 East 5�h Street, Port Angeles, Washington 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 11 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 and the cities of Poulsbo, Bremerton, Port Orchard, Gig Harbor, Bainbridge Island, and Port Angeles desire to continue to worts 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: 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 1. 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 11 Permit. D. Payment and Funding: CITY will provide COUNTY funds in an amount not to exceed a total of$11,474 per year, totaling $34,422 for the years 2017 through 2019. 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, Michelle Perdue, Education & Outreach Coordinator, 614 Division Street, MS-26A, Port Orchard, Washington 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 5th Street, Port Angeles, Washington 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. 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 NPIDES 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: Up to $34,422 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. Assianment: COUNTY may assign or subcontract any portion of the services provided within the terms of the 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 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. 0. Duration: This AGREEMENT shall commence on the date of execution, and shall remain in effect through December 31, 2019. P. Recording: Pursuant to RCW 39,34.040, this AGREEMENT shall be filed with the itsap 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 the AGREEMENT which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the 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 parites on the dates hereinafter indicated. DATED this day of DE C 2016 DATED this 'ay of 2017, CITY OF PORT ANGELES BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON Dan K. McKeen, City Manager Charlotte Garrido, Chair C, ATTEST: °°" Robert Gelder, Commissioner '4 1A 'elfy CIA Edward E. Wolfe, C6mmissioner Approved as to Form: ATTEST: City Attorney Dana Daniels, Clerk of the Board ks P C',(,N\):%_S1 KC-378-16 EXHIBIT A» WEST SOUND STORMWATER OUTREACH GROUP Scope of Work & Budget for 2017-2019 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 NPIDES Phase 11 Municipal Stormwater Permit Section 55.0.1, 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: Objective I 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 2017, 2018, and 2019. Objective 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. Task 2.2 Continue to achieve sustained awareness and practice of proper pet waste management. Implement the updated Education & Outreach Plan for Pet Waste in Backyards, including a strategy for sustained awareness for the current Permit term, using adaptive management as necessary. Washington State Department of Ecology, Western Washington Phase IIMunicipal&ormwater Permit (201 3) p�16. Continue to implement the Pet Waste in Public Places campaign, including a strategy for continued awareness and behavior adoption for the current Permit term using adaptive management as necessary, promoting maintenance of the Mutt Mitt Program and supporting growth where indicated. 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. Ob*jec Live 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. 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. Obiective 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. Objective 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 contributing 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. B. BUDGET Table 1 shows the annual budget for years 2017 through 2019. The annual Staff Time budget of$50,932 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 $80,371 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, 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 2016. 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',�J,'0,7- SpWRVa�a ujtl.j5oid jj0.Jot'ja5pnq giinutiV "T ?1p .p The City of Port Angeles CITY CLERK-S COPY Record # 001.251 INTERAGENCY AGREEMENT For UNDER BRIDGE INPSECTION TRUCK CUBIT) SERVICES between CITY OF SEATTLE DEPARTMENT OF TRANSPORTATION And CITY OF PORT ANGELES THIS AGREEMENT is made and entered into by and between the Seattle Department of Transportation, hereinafter the *'SDOT,'* and the City of Port Angeles, hereinafter the "Port Angeles", collectively referred to as the "Parties- and individually referred to as the "Party" for providing UBIT services to Port Angeles. RECITALS WHEREAS,City of Port Angeles has a need for UBIT services for purposes of bridge inspection and/or maintenance, and WHEREAS, SDOT has qualified staff and equipment necessary to perform the work desired by Port Angeles; and WHEREAS, SDOT and the City of Port Angeles now desire to set forth the terms and conditions by which SDOT will provide UBIT operations services for which Port Angeles will reimburse the SDOT for providing those services; NOW, THEREFORE, in consideration of the terms, conditions and covenants set forth herein, the Parties hereto agree as follows: AGREEMENT I. SCOPE OF SERVICES 1.1. SDOT will operate the UBIT truck to assist Port Angeles to gain access to the underside of Port Angeles bridges for purposes of inspection and/or maintenance (Work). SD0, T will be responsible for all operations of the UBIT truck, including transporting it to and from Port Angeles. Port Angeles will assume no liability for the operations or transport of the UBIT truck. 1.1 SDOT shall submit cost estimate to Pori Angeles prior to the Work for all labor, equipment, material,and travel cost. The cost estimate shall be submitted as Exhibit A. Port Angeles will accept or decline the cost estimate within five business days of receipt 1.3. Port Angeles will submit Work request at a minimum of sixty (60)days in advance. 1 A. SDOT will make a good faith effort to accommodate Port Angeles request., but not at the expense of SDOT*s existing UBIT schedule, SDOT will notify Port Angeles in a reasonable amount of time (at least 24hrs) should the need arise.. 1.5. Port Angeles agrees to follow all of SDOT's safety policies for UGIT operation including, but not limited to traffic control, railroad flagging, and fall protection. Port Angeles will be liable for any damage or injuries that arise from Port Angeles's failure to adhere to SDOT's safety policies. 1.6. Port Angeles will attain Railroad flagger from the lines that govern the tracks below Port Angeles bridges, flaggers need to be on site at the time of inspection before Work can begin. 1.7. Port Angeles will be responsible lor devising and operating traffic setups and traffic control plans. 1. . Port Angeles will obtain any required permitting and implement environmental best management practices necessary to accomplish the Work. 1. . Port Angeles will provide SDOT with location of each bridge prior to the Work. 2. TERM 2.1. This AGREEMENT will be effective upon execution by both Parties and run through December 31, 2021. 3. BILLING AND PAYMENT 3.1. SDOT shall be reimbursed for actual direct and related indirect costs incurred I`6r the work. Said cost shall include all labor, related indirect costs which include overhead, fringe, material, and equipment. Related indirect costs shall also include compensation identified in SDOT personnel's bargaining agreement. These costs include, but are not limited to,meal tickets,traveling expenses and late lunch�no lunch reimbursements. 3.1 SDOT shall submit itemized progress invoices to Port Angeles. Port Angeles shall provide payment to SDOT within thirty (30) calendar days of receipt of an itemized invoice. No more than one invoice per month shall be submitted to Port Angeles by SDOT. It is agreed that Port Angeles may,upon review of an invoice,withhold payment for disputed charges, until such time that the Parties come to an agreement as to the appropriates of the charges and that, upon completion of the Work, all required adjustments will be made and reflected in the final payment. 4. TERMINATION 4.1. This AGREEMENT may be terminated by either Party upon the giving of thirty (30) calendar days' written notice to the other Party, at which time any remaining financial obligations for services rendered prior to tennination shall be paid in full. SDOT/Port Angeles Interagency Agreement for UBIT services Page 2 of 4 4.2. In the event that services are terminated prior the term of this AGREEMENT, all direct and indirect phasing-out cost shall be paid by the Party requesting termination. Termination cost claimed shall not exceed the actual costs incurred as, a result of termination, 5. REPRESENTATIVES 5.1. The persons responsible for administration of this AGREEMENT on behalf`ofeach Party shall be the SDOT Director or designee, and City of Port Angeles City Manager or his designee. All correspondence, letters or other notices shall be directed to the foregoing Parties at the following addresses/phone numbers,or to their established agency designee: Seattle Der)artment of Transportation City of Port Angeles, Washington Paul*rsm T&4i40n Jonathan Bochme Structures Ops&Maint. Manager Civil Engineer If 700 Fifth Avenue, Suite 3900 321 E 5"h' Street PO Box 34996; Seattle,WA 98124-4996 Port Angeles, WA 98362 206.684.8325 360-417-4811 ibo ehmeL�Ltly�)�f)@L,us 6. AMENDMENTS 6.1. This Agreement may be amended by the mutual agreement of the Parties. Such amendments or modifications shall not be binding unless put in writing and signed by persons authorized to bind each of the Parties. 7. INDEMNIFICATION: 7.1. To the extent authorized by law,the Parties shall indemnify and hold harmless one another and their employees and/or officers from and shall process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages (both to persons and/or property), or costs, of whatsoever kind or nature, brought against the one Party arising out of, in connection with, or incident to the other Party's performance or failure to perform any aspect of this AGREEMENT, provided, however, that if such claims are caused by or result from the concurrent negligence of(a) the SDOT and (b) the Port Angeles, their respective employees and/or officers, or involves, those actions covered by RCW 4.24.115, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the SDOT or Port Angeles, and provided further, that nothing herein shall require the SDOT or Port Angeles to hold harmless or defend the other or its employees and/or officers from any claims arising from that Party's sole negligence or that of its employees and/or officers. 7.2. Further, SDOJ'agrees that its obligations under this Section extend to any claim, demand, and/or cause of action brought by,or on behalf of,any of its employees. For this purpose, the SDOT, by mutual negotiation with the Port Angeles,hereby waives with respect to the SDOT/Port Angeles Interagency Agreement or UGIT services Page 3 of 4 Port Angeles only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance Provisions of Title 5 1, RCW. 7.3. The terins,of Section 7.1 shall survive the termination of this Agreement. 8. OTHER PROVISIONS 5.1. No liability shall attach to SDOT or Port Angeles by reason of entering into this AGREEMENT except as expressly provided herein, 8.2. This AGREEMENT contains the entire written agreement of Parties and supersedes all prior discussion. This AGREEMENT may be amended only in writing, signed by both parties. 8.3. In providing services under this AGREEMENT, SDOT shall be deemed an independent contractor for all purposes and its employees shall not in any manner be deemed to be employees or agents of Port Angeles for any purpose. SDOT shall be responsible for all federal and/or state tax, industrial insurance and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to the leading party employee under State or local law. IN WITNESS WHEREOF, the Parties hereto have executed this AGREEMENT on the day and the year last written below. Seattle Department of Transportation City of Port Angeles Le"re"lei Williams, CPRS Director Dan McKeen City Manager Seattle Department of Transportation City of Port Angeles Date Date SDOT[Port Angeles Interagency Agreement for UBIJ'services Page 4 of 4