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HomeMy WebLinkAbout13-034-STM-007 Interlocal Agreement 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 Municipal Separate Storm Sewer System (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 District to perform work on a reimbursable basis to assist City of Anacortes with the completion of 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. NOW THEREFORE, THIS AGREEMENT (herein the "Agreement") is made and entered into by and between Skagit Conservation District, a Washington special purpose district and quasi- municipal corporation ("District") and City of Anacortes, (the "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 in accordance with Section 4 herein for 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 the National Pollution Discharge Elimination System Phase II (NPDES II) permit under Section S5.C.1 and Section S5.C.2. This work is in addition to a previous agreement between the City and the District for similar services, which successfully completed several initial tasks associated with NPDES II permit compliance, including stormwater pond maintenance, stormwater education in schools, and coordination of the Stream Team volunteer program. Skagit Conservation District ILA for NPDES II Page 1 of 8 2. RESPONSIBILITIES: 2.1.1. The City shall: 2.1.2. 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. 2.1.3. Reimburse the District for the work as identified in Exhibit A (Scope of Work and Schedule), in accordance with the terms of this Agreement. 2.1.4. 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. 2.2. The District shall: 2.2.1. Provide the work, services, and deliverables as described in Exhibit A (Scope of Work and Schedule), in accordance with the terms of this Agreement. 2.2.2. 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. 2.2.3. Be responsible and liable for all costs and expenses associated with all work involved in the education and outreach plan not reimbursed under this Agreement unless this Agreement is subsequently amended as provided for in Section 9. of this Agreement. 3. TERM OF AGREEMENT: 3.1. The term of this Agreement shall be effective upon the date of mutual execution through December 30, 2016, unless sooner terminated pursuant to the terms herein. 3.2. By mutual agreement of both parties this Agreement may be extended for an additional year, through December 29, 2017, unless sooner terminated pursuant to the terms herein. 4. MANNER OF PAYMENT: 4.1. The District shall submit invoice(s) in a timely manner and include with each invoice a report documenting each task and the 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 parties agree that the maximum funding to be provided by the City to the District pursuant to this Agreement from the mutual execution date through December 30, 2016 shall be no more than Seventeen Thousand, Three Hundred Fifty Dollars ($17,350) Skagit Conservation Distnct ILA for NPDES II Page 2 of 8 from the execution of this agreement until December 30, 2016. 4.4. In the event this Agreement is extended by the mutual agreement of both parties for an additional year, the parties agree that the maximum funding to be provided by the City to the District pursuant to this Agreement shall be no more than Thirteen Thousand Dollars ($13,000) for the extension of the Agreement until December 29, 2017. 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 Stormwater Coordinator for the City of Anacortes Public Works Department. 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 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. Skagit Conservation District ILA for NPDES II Page 3 of 8 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. SKAGIT CONSERVATION DISTRICT By:ci 4 b /( Paul Blau, Chair Date: f 1211/l � Address: Skagit Conservation District 2021 E. College Way, Suite 203 Mount Vernon, WA 98273 Telephone Number: (360) 482-4313 FAX Number: (360) 424-6172 CITY OF ANACORTES By: Laurie Gere, Mayor Date: /ok •U (S Address: City of Anacortes PO Box 547, Anacortes, WA 98221 DATED this E.31-h day of 1._\-'12:e4Tible4 , 2015. Skagit Conservation District ILA for NPDES II Page 4 of 8 "Exhibit A" Scope of Work and Schedule Public Education, Outreach, Participation and Involvement Project for National Pollution Discharge Elimination System (NPDES) Phase II Compliance 1.1 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 Program (SWMP), and developing a volunteer workforce to help implement this plan. Task 1.1 Host Two Private Stormwater Facility Maintenance Workshops The District 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: a. The District, with City assistance, shall develop and deliver one partial day or evening workshops. The workshop shall occur before June 30, 2016. b. If by mutual agreement of both parties this Agreement is extended for one additional year a second workshop shall be conducted. The second workshop shall occur before June 1, 2017. 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. Estimated Costs • Initial Agreement= $1,650 • Option annual extension = $1,650 Task 1.2—Watershed Masters Volunteer Training Program This volunteer training program will be conducted on an annual basis and shall consist of 40 hours of training and will focus on: providing presentations/training to the Watershed Masters (WSM) on City 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 Best Management Practices (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. Skagit Conservation District ILA for NPDES II Page 5 of 8 Required Tasks and Deliverables: The District shall organize and present one Watershed Master's Program annually beginning in 2016. The District 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. Estimated Costs • Initial Agreement= $4,300 • Option annual extension = $2,150 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 (QA/QC) plan and lab plan for the Stream Team program have been approved by the Washington Department of Ecology. Water quality conditions monitored 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 the City and recruit citizen participation. 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 District shall conduct an annual 3-session training event beginning in 2015. • 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. • Streams located within the City of Anacortes Phase II NPDES Permit area include: Skagit Conservation District ILA for NPDES II Page 6 of 8 • Ace of Hearts • Clyde • Happy Valley Estimated Costs • Initial Agreement= $6,600 • Option annual extension = $4,400 2.1 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. Reauired Tasks and Deliverables: The District shall organize and present one Backyard Conservation Stewardship Course Program annually beginning in 2016. The District 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 2016. • 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. Skagit Conservation District ILA for NPDES II Page 7 of 8 Estimated Costs • Initial Agreement= $2,150 • Option annual extension = $2,150 Task 2.2—Workshops for Local Contractors and Businesses The District will organize and implement two public workshops focusing on topics that include green roofs, pervious pavement, rain gardens, bio-infiltration, pervious pavement, and pervious concrete. The target audience for these workshops will be local contractors and businesses. Reauired Tasks and Deliverables: The District will organize and implement two public workshops focusing on education and outreach to local contractors and businesses on a variety of Low Impact Development (LID) techniques. The District, with City assistance, shall develop and deliver one partial day or evening workshops each year during the life of the agreement. The first workshop shall occur before June 30, 2016. The second workshop shall occur before June 1, 2017. 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. Estimated Costs • Initial Agreement= $1,650 • Option annual extension = $1,650 Task 2.3—Miscellaneous Assist City of Anacortes with other related programs or tasks on an as needed basis upon mutual agreement between City of Anacortes and SCD. Reauired Tasks and Deliverables: • To be determined as agreed to between the parties. Estimated Costs • Initial Agreement = $2,300 • Option annual extension = $2,300 Skagit Conservation District ILA for NPDES II Page 8 of 8