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. To meet the needs of jurisdictions who utilize
biennial budget cycles,year 2017 and years 2018-19 were calculated on separate charts.
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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
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