HomeMy WebLinkAbout10-040-STM-001 Interlocal Agreement After Recording Return to:
CITY OF ANACORTES
P.O. BOX 547
ANACORTES, WA 98221
INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN
SKAGIT CONSERVATION DISTRICT
AND
CITY OF ANACORTES
WHEREAS, Phase II municipal stormwater permits require that municipalities develop,
and implement a stormwater management program ("SWMP") designed to reduce
pollutants to the maximum extent practicable and that minimum control measures in the
SWMP include: (i.) Public education and outreach on stormwater impacts, (ii.) Public
participation/involvement opportunities, (iii.) Detection and elimination of illicit
discharges to the MS4 (a regulatory program), (iv.) Post-construction stormwater
management in new development and redevelopment (a regulatory program), and (v.)
Pollution prevention and good housekeeping for municipal operations; and,
WHEREAS, City of Anacortes and the Skagit Conservation District would achieve
mutual benefit from an agreement which would allow the SCD to perform work on a
reimbursable basis to assist the City of Anacortes complete certain tasks related to the
implementation of NPDES Phase II permit requirements; and,
WHEREAS, working cooperatively on these programs can greatly aid in their overall
quality, efficiency and economy.
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NOW THEREFORE, THIS AGREEMENT (herein the "Agreement") is made and entered
into by and between Skagit Conservation District ("District") and City of Anacortes,
Washington ("City") pursuant to the authority granted by Chapter 39.34 RCW,
INTERLOCAL COOPERATION ACT. District and City may be individually referred to
herein as "party" and may be collectively referred to herein as the "parties." In
consideration of the following terms and conditions, the parties mutually agree as
follows:
1. GENERAL PURPOSE: The City will reimburse the District for no more than
Twenty One Thousand Dollars ($21,000) in any single calendar year of the District's
actual costs of planning and carrying out specific public education and outreach
activities related to stormwater management, as specified in Exhibit A (attached hereto
and incorporated by reference). The City intends to use these activities to fulfill its
responsibilities under National Pollution Discharge Elimination System Phase Il
(NPDES 11) permit Program under Section S5.C.1 and Section S5.C.2.
2. RESPONSIBILITIES:
2.1 The City shall:
2.2.1 Verify with the State Department of Ecology that tasks and
deliverables performed and submitted pursuant to this Agreement meet
the City's NPDES, Phase II requirements.
2.2.2 Reimburse the District for the work as identified in Exhibit A (Scope
of Work and Schedule), in accordance with the terms of this Agreement.
2.2.3 The City is not obligated to perform or provide any other services,
duties, or responsibilities except as otherwise specified pursuant to the
terms of this Agreement.
2.3 The District shall:
2.3.1 Provide the work, services, and deliverables as described in Exhibit
A (Scope of Work and Schedule), in accordance with the terms of this
Agreement.
2.3.2 Be responsible for overseeing and managing volunteers identified
in Exhibit A. All volunteers shall be volunteers of the District and not
volunteers of the City.
2.3.3 Be responsible and liable for all costs and expenses associated
with all work involved in the education and outreach plan not reimbursed
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under this Agreement unless this Agreement is subsequently amended as
provided for in Section 9. of this Agreement.
3. TERM OF AGREEMENT: The term of this Agreement shall be effective upon
date of last signature through June 30, 2015.
4. MANNER OF PAYMENT:
4.1 The District shall submit invoice(s) in a timely manner and include with
each invoice a report fully documenting each task and work accomplished.
Invoices shall be accompanied by any backup documentation pertaining to the
invoice as may be requested by the City.
4.2 Upon receipt of invoices from the District pursuant to 4.1, the City shall
pay the District for expenditures based on satisfactory performance and progress
toward deliverables as provided and documented in reports accompanying
detailed invoices for services. The City shall pay such invoice(s) to the District
within thirty (30) days. Such payment shall be full compensation for work
performed or services rendered, including, but not limited to all labor, materials,
supplies, equipment, and incidentals necessary to complete the work (as
identified and described at Exhibit A).
4.3 The maximum funding under this Agreement is limited to Eighty Four
Thousand Dollars ($84,000) for the services as outlined in Exhibit A (Scope of
Work and Schedule). No more than Twenty One Thousand Dollars ($21,000) is
eligible for reimbursement in any single calendar year.
5. ADMINISTRATION: The following individuals are designated as representatives
of the respective parties. The representatives shall be responsible for administration of
this Agreement and for coordinating and monitoring performance under this Agreement.
In the event such representatives are changed, the party making the change shall notify
the other party.
5.1 The City's representative shall be the Public Works Director..
5.2 District's representative shall be the District Manager.
6. TREATMENT OF ASSETS AND PROPERTY: No fixed assets or personal or
real property will be jointly or cooperatively, acquired, held, used, or disposed of
pursuant to this Agreement.
7. INDEMNIFICATION: Each party agrees to be responsible and assume liability
for its own wrongful and/or negligent acts or omissions or those of their officials, officers,
agents, or employees to the fullest extent required by law, and further agrees to save,
indemnify, defend, and hold the other party harmless from any such liability. It is further
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provided that no liability shall attach to the City by reason of entering into this contract
except as expressly provided herein.
8. TERMINATION: Any party hereto may terminate this Agreement upon thirty (30)
days notice in writing either personally delivered or mailed postage-prepaid by certified
mail, return receipt requested, to the party's last known address for the purposes of
giving notice under this paragraph. If this Agreement is so terminated, the parties shall
be liable only for performance rendered or costs incurred in accordance with the terms
of this Agreement prior to the effective date of termination.
9. CHANGES, MODIFICATIONS, AMENDMENTS AND WAIVERS: The
Agreement may be changed, modified, amended or waived only by written agreement
executed by the parties hereto. Waiver or breach of any term or condition of this
Agreement shall not be considered a waiver of any prior or subsequent breach.
10. SEVERABILITY: In the event any term or condition of this Agreement or
application thereof to any person or circumstances is held invalid, such invalidity shall
not affect other terms, conditions or applications of this Agreement which can be given
effect without the invalid term, condition, or application. To this end the terms and
conditions of this Agreement are declared severable.
11. DOCUMENTS AND MATERIALS PRODUCED: The City shall have the right to
use and distribute any and all documents, writings, data, public records or other materials
prepared by either party in connection with performance of this Agreement. When using
material that is funded under the Implementation Grant, the parties shall acknowledge the
funding source.
12. DEFAULT: Failure of the parties to comply with the terms of this Agreement shall
constitute default.
13. VENUE AND CHOICE OF LAW: In the event that any litigation should arise
concerning the construction or interpretation of any of the terms of this agreement, the
venue of such action of litigation shall be in the Superior Court of the State of Washington
in and for the County of Skagit. This agreement shall be governed by the laws of the State
of Washington.
14. NO THIRD PARTY BENEFICIARIES: This Agreement is not intended to nor
does it create any third party beneficiary or other rights in any third person or party,
including, but not limited to, any agent, contractor, subcontractor, consultant, volunteer,
or other representative of either party.
15. ENTIRE AGREEMENT: This Agreement contains all the terms and conditions
agreed upon by the parties. All items incorporated herein by reference are attached.
No other understandings, oral or otherwise, regarding the subject matter of this
Agreement shall be deemed to exist or to bind any of the parties hereto.
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EXECUTED, this (v day of , 2011, for the SKAGIT CONSERVATION
DISTRICT:
SKAGIT CONSERVATION DISTRICT:
By: z..c� /P C (")
Janet M Oe
Chair '
Mailing Address:
Skagit Conservation District
2021 E. College Way, Suite 203
Mount Vernon, WA 98273-2373
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IN WITNESS WHEREOF, the parties have executed this Agreement this Z nay of
APPROVED:
CITY OF ANACORTES
By: 7\1
Mayor
Recommended:
By:
Public W rks Director
Attest:
By:Y
.1 I,
Finance Director
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Exhibit `A" — Scope of Work and Schedule
Public Education, Outreach, Participation and Involvement Project for
National Pollution Discharge Elimination System (NPDES) Phase II Compliance
1.0 Public Education, Outreach, Participation and Involvement
The District, with City assistance, shall develop and implement activities for addressing
the "Public Participation and Involvement" minimum control measure, one of six
measures required to meet the conditions of the NPDES stormwater permit. The
essential goals include improving public knowledge of local stormwater issues, receiving
public input on potential solutions, gaining public support for the compliance with the
City's Stormwater Management Plan (SWMP), and developing a volunteer workforce to
help implement this plan.
Task 1.1 Host Two Private Stormwater Facility Maintenance Workshops
The SCD will organize and implement two public workshops focusing on Private
Stormwater Facility Maintenance. The target audience for this group will be Home
Owner Associations, private stormwater facility owners, and the general public.
These workshops will focus on educating the audience on their responsibilities to
maintain their private stormwater facilities.
Required Tasks and Deliverables:
The District, with City assistance, shall develop and deliver two partial day or
evening workshops. The first workshop shall occur before June 30, 2013. The
second workshop shall occur before June 1, 2015. The workshops shall include:
1) An overview of the key components of identifying private stormwater
maintenance and a field trip to visit several private facility examples.
2) An assessment of the attendees behavior change as a result of the workshop.
Annual Cost: $1,500
• Plus 10% Administration fee = $1,650
Task 1.2—Watershed Masters Volunteer Training Program
This volunteer training program will target residents of all major drainage basins
within the City. This program consists of 40 hours of training and will focus on:
providing presentations/training to the Watershed Masters (WSM) on City
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stormwater program priorities through classroom and fieldtrip activities. Topics
covered include, but are not limited to: watershed history and geology, water
quality, stream ecology, salmon, wetlands and soils, agricultural and forestry BMPs,
stormwater runoff and activities that landowners can do to reduce stormwater water
quality impacts, and low impact development practices. Content of coursework will
be coordinated with City staff to meet the needs of City stormwater program.
Participants will return 40 hours of volunteer service and make a commitment to
reduce stormwater runoff impacts in their own backyards.
Required Tasks and Deliverables:
The District shall organize and present one Watershed Masters Program annually
beginning in 2011. The SCD shall:
1. Perform recruitment of interested community residents to participate in the annual
Watershed Masters Volunteer Training Program.
2. Document participation and volunteer activities conducted by the Watershed
Masters volunteers.
3. Coordinate and track volunteer hours contributed by participants.
4. Include program evaluation forms that will be completed by the participants to
determine behavior changes implemented.
5. Participants will report BMPs implemented at home based on education learned
during training.
Annual Cost: $1,500
• Plus 10% Administration fee = $1,650
Task 1.3 —Volunteer Water Quality Monitoring Program (Skagit Stream Team)
The primary purposes of the program are: to inspire stewardship in regards to water
quality by educating citizens about land use, stormwater runoff, and nonpoint
source pollution and involving them in the process of water quality data gathering;
to develop and implement a routing sampling program that can be used to assess
water quality trends, characterize the existing water quality of priority freshwater
drainages, and to determine how water quality conditions compare to State
Standards; and to document improvements in water quality as a result of the
implementation of BMPs. A Quality Assurance/Quality Control (QAIQC) plan and
lab plan for the Stream Team program have been approved by the Washington
Department of Ecology. Water quality conditions samples by volunteers currently
include: fecal coliform bacteria, dissolved oxygen, water temperature, turbidity, and
total depth.
A. Coordinate with the City to determine priority areas for monitoring.
B. Coordinate with the City to determine stream priority.
C. Promote program in partnership with local jurisdictions and recruit citizen
participation.
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D. Coordinate volunteer activities; maintain volunteer records and data sheets and
coordinate volunteer recognition events.
Required Task and Deliverables:
• Annual recruitment of volunteers to participate in the Stream Team program will be
conducted. Recruitment efforts will target local residents age 18 and up,
Watershed Masters, and Environmental Tech students attending Skagit Valley
College.
• The SCD shall conduct an annual 3-session training event beginning in 2011.
• Each year, four to six teams of volunteers (2-3 volunteers on each team) will make
a commitment to collect water quality data at 4-5 assigned stations on a monthly
basis for one year (each station will be monitored twice a month). Stations will be
located in consultation with City staff.
• Volunteer hours contributed by participants will be tracked on a yearly basis and
submitted with 4th quarter reports.
• An annual report will be submitted to the City on or before January 15 of each
year.
Annual Cost: $4,000
• Plus 10% Administration fee = $4,400
Task 1.4— Storm Drain Labeling
Storm drain labeling involves labeling storm drains with messages warning citizens
not to dump pollutants in the streams. Based on previous experience, the District
recommends the use of permanent marking methods, such as ceramic tiles, plastic
markers, or metal markers (rather than painting with stencils). Permanent storm
drain markers are more cost effective in the long term, more durable and aesthetic,
and are environmentally friendly. Volunteer groups, such as the Watershed
Masters, Skagit Stream Team, Skagit Valley College students, and Boy Scouts/Girl
Scouts can be trained to install the labels.
Required Tasks and Deliverables:
The District shall organize and lead a minimum of two partial day Storm Drain Labeling
events within City's NPDES Permit area. The SCD shall:
• Work with the City to determine appropriate and priority locations for labeling.
• Recruit/train volunteers, such as the Watershed Masters, Skagit Stream Team,
Skagit Valley College students, and local Boy Scout/Girl Scouts to begin installing
markers by Fall 2011 —training/recruitment will be ongoing.
• Continue on an ongoing basis the volunteer recruitment to install markers and
inspection of storm drain inlets. The program will be promoted May through
October (best weather for installation).
• Map the location of installed storm drain labels utilizing GPS equipment.
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• A summary report and map of installed storm drain labels shall be provide to the
County on or before January 15 of each year.
Annual Cost: $1,600
• Plus 10%Administration fee - $1,760
2.0 Public Education and Outreach
The District, with City assistance, shall develop and implement activities for addressing
the "Public Education and Outreach" minimum control measure, one of six measures
required to meet the conditions of the NPDES stormwater. permit. The goal of this
minimum control measure is to facilitate greater public awareness of the sensitivity of
local surface waters, their beneficial uses, the detrimental effects of polluted storm
water and illicit discharges, and measures that can be taken to reduce stormwater
pollution.
Task 2.1 — Backyard Conservation Stewardship Short Course Program
This annual 6-week short course will feature tips for native plant landscaping,
environmentally friendly gardening practices, composting, mulching, nutrient
management, pest management, landscaping for wildlife, water conservation tips,
low impact development practices for homeowners, and overall, backyard practices
that will reduce stormwater runoff pollution. The training will be provided by local
experts. Participants will attend 6 evening sessions (once a week) and two
Saturday field excursions. The following topics will be included in the training:
Proper use and disposal of pesticides, herbicides, and fertilizers, and use of non-
toxic alternatives; use of native plants in landscaping, reducing size of lawn,;
preventive car maintenance, including proper disposal of used oil, coolant, and
other toxic materials; use of permeable pavement for driveways and patios; proper
disposal of pet waste and livestock waste and composting.
Required Tasks and Deliverables:
The District shall organize and present one Backyard Conservation Stewardship
Course Program annually beginning in 2012. The SCD shall:
• Organize and conduct the Backyard Conservation Stewardship program in
partnership with local jurisdictions on an annual basis.
• Engage in recruitment of interested residents to participate in the annual Backyard
Conservation Stewardship program.
• Coordinate with, and involve businesses, schools, parks, and other organizations in
establishing backyard stewardship practices that will promote habitat for wildlife and
reduce stormwater runoff.
• Provide one evening or Saturday public workshop promoting backyard conservation
practices annually beginning in 2012.
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• Document participation of class attendees.
• Ensure that program evaluation forms are completed by the participants to
determine class effectiveness. Follow up surveys will be conducted on an annual
basis to determine whether or not class participants have made behavior changes
to reduce stormwater impacts based on what was learned in the program.
Annual Cost: $1,500
• Plus 10% Administration fee $1,650
Task 2.2 — Resource Materials/Education for Local Schools
The District currently maintains a library that_includes numerous text books,
supplemental curricula, and videos on a variety of natural resource topics (including
water quality and stormwater runoff). An enviroscape watershed model is also
available for presentations or available for teachers (or other agency personnel) to
borrow. An information packet, which contains a brief description of all materials
will be compiled and mailed to all elementary schools located in the City of
Anacortes each September, to all elementary school teachers as well as science
and agriculture teachers at the middle school and high school levels, home schools,
and other groups. Information about other District educational programs, such as
Envirothon, 6th Grade Conservation Tour, and the Annual Natural Resource Poster
Contest, and live presentations available by District staff will be included in the
packet.
Required Tasks & Deliverables:
The District shall prepare and send out an annual teacher's packet, provide
classroom presentations, and provide educational resources to teachers. The SCD
shall:
• Incorporate a special section in the annual teacher's packet that will specifically
highlight stormwater and low impact development education materials and
presentations available.
• Provide classroom presentations on stormwater and water resources to local
schools (and other groups) as requested. The enviroscape model and the
"Raindrop Walk" are both useful tools in teaching youth about stormwater and water
quality.
• Distribute 300 teacher's information packets highlighting resources on stormwater
and water quality available through the District office.
• Give a minimum of 10 presentations each year to local schools or other youth
groups on pollution from stormwater.
• Track the number of teachers using the resource library and describe in the annual
summary of activities.
Annual Cost: $1,100
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• Plus 10% Administration fee = $1,265
Task 2.3 — Stormwater Poster Contest for Local Youth
Creating a contest for youth in our community will provide an opportunity to directly
involve them in learning/teaching about stormwater impacts with the added benefit
of generating parent participation and gaining their awareness. The contest will
directly involve local school age youth in designing a poster for stormwater
awareness in the City. A winning entry from each jurisdiction will be selected. The
winning entry(s) may be used on various stormwater educational materials, such as
brochures, fliers, bookmarks, newspaper ads, and more.
Required Tasks and Deliverables:
The District shall organize and hold one Stormwater Poster Contest on or before
June 30, 2013. The SCD shall:
• Coordinate with local jurisdictions to design the logistics for hosting a logo, theme,
and/or poster contest for local youth specifically focusing on stormwater pollution
prevention that students can participate in at home or at school.
• Promote the contest theme and rules to all schools (could be promoted with the
annual teachers packets discussed above and during classroom presentations).
After mailing information, follow up with phone calls to interested
teachers/classrooms.
• Provide classroom presentations,to promote the contest and to provide background
education about stormwater issues will be conducted as requested.
• Coordinate with participants, collect and maintain all entries.
• Coordinate with local jurisdictions to arrange judging.
• Coordinate recognition event for winner(s).
• Incorporate winners posters in stormwater education information posted to the
City's website.
Annual Cost: $1,696
• Plus 10% Administration fee = $1,865.6
Task 2.4 — Stormwater Educational Brochures and Fact Sheets
The District will develop a series of educational brochures and/or fact sheets for the
general Public and specific audiences (homeowners, businesses, landscapers,
property managers, engineers, developers, contractors, land use planners, etc) on
various topics that could range from landscaping, low impact development,
recycling, disposing of motor oil and other hazardous materials, water conservation,
pet waste management, etc. Where the demographics are applicable, the
information may also be printed in Spanish.
Required Tasks and Deliverables:
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The District shall develop and mail stormwater related education brochures, fact
sheets, and posters to a variety of target groups. The SCD shall:
• Coordinate with the City and local citizen groups to choose stormwater education
topics that will be used to generate a series of brochures and/or fact sheets.
• Oversee printing and distribution of these materials.
• A minimum of 4 educational brochures/fliers will be developed & distributed.
• Develop educational materials to target mobile businesses, landscapers,
homeowners, and property managers.
• Complete and distribute two educational fliers or brochures on or before June 30,
2013.
• Complete and distribute two educational posters on or before June 15, 2015.
Annual Cost: $1,960
• Plus 10% Administration fee = $2,156
Task 2.5 —Workshops for Local Contractors and Businesses
This management measure involves educating the general public on the water
quality impacts of the outdoor washing of automobiles and how to avoid allowing
polluted runoff to enter the storm drain system. Outdoor car washing has the
potential to result in high loads of nutrients, metals and hydrocarbons during dry
weather conditions in many watersheds, as the detergent-rich water used to wash
the grime off our cars flows down the street and into the storm drain. Commercial
car wash facilities often recycle their water or are required to treat their wash water
discharge prior to release to the sanitary sewer system, so most stormwater
impacts from car washing are from residents, businesses and charity car wash
fundraisers that discharge polluted wash water to the storm drain system.
Required Tasks and Deliverables:
The SCD will organize and implement two public workshops focusing on
Stormwater The target audience for this group will be local contractors and
businesses. These workshops will focus on educating the audience on green roofs,
pervious pavement and raingardens/bioswales.
The District, with City assistance, shall develop and deliver two partial day or
evening workshops. The first workshop shall occur before June 30, 2013. The
second workshop shall occur before June 1, 2015. The workshops shall include:
1) An overview of the benefits and challenges of the different types of LID
techniques and instruction on how to implement LID into their operations.
2) An assessment of the attendees behavior change as a result of the workshop.
Annual Cost: $1,500
• Plus 10% Administration fee = $1,650
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Task 2.6 — PSSH Community Event Display Board
The District will coordinate with all of the Skagit County Municipal NPDES Phase Il
permittees to design and produce a community event display board. The display
board will emphasize the Puget Sound Starts Here (PSSH) logo and materials and
be displayed at various community events throughout Skagit County.
Required Tasks and Deliverables:
The District shall:
• Design and produce a professionally made display board of high quality materials
that is easily stored and transported.
• Store the display board and track the use of the display board by permittees
participating in the interlocal agreement.
Annual Cost: $1,656
Plus 10% Administration fee = $1,821.6
Task 2.7 — Produce Media Advertisements
The District will coordinate with all of the Skagit County Municipal NPDES Phase II
permittees to design and produce a variety of media adverstisements to promote
the permitees stormwater pollution hotline numbers.
Required Tasks and Deliverables:
The District shall:
• Design and produce one media advertisement annually. The media format may
include newspaper, social media, Internet, and radio.
• SCD will coordinate the advertisement with the City's NPDES Coordinator.
Annual Cost: $950
Plus 10% Administration fee = $1,045
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