HomeMy WebLinkAbout21-008-STM-001 Interlocal Agreement DocuSign Envelope ID:0E2D4F33-3BF7-48CD-B5ED-0095677F3C1A
INTERLOCAL COOPERATIVE AGREEMENT#21-008-STM-001
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, the City of Anacortes, hereinafter referred to as "CITY", and the Skagit Conservation
District, hereinafter referred to as "DISTRICT", would achieve mutual benefit from an agreement
which would allow the DISTRICT to perform work on a reimbursable basis to assist CITY 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 the DISTRICT, a Washington special purpose district and quasi-municipal corporation, and
CITY, a Washington municipal corporation, 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.
2. RESPONSIBILITIES:
2.1. The CITY shall:
2.1.1. 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.
2.1.2. Reimburse the DISTRICT for the work as identified in Exhibit A (Scope of Work and
Schedule), in accordance with the terms of this Agreement.
2.1.3. 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.
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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 from January 1, 2021 through December 31, 2021, unless
sooner terminated pursuant to the terms herein.
4. MANNER OF PAYMENT:
4.1. The DISTRICT shall submit invoice(s) MONTHLY for quantities delivered during the invoice
period 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 shall be on a time and materials basis not-to-exceed Nineteen
Thousand Two Hundred and Seventy-Two Dollars ($19,272.00) for the term of this
agreement. The estimated costs per task are detailed in Exhibit A.
5. NO PARTNERSHIP OR JOINT VENTURE: No partnership and/or joint venture exist between the
Parties, and no partnership and/or joint venture is created by and between the Parties by virtue of this
Agreement. No agent, employee, contractor, subcontractor, consultant, volunteer, and/or other
representative of the parties shall be deemed an agent, employee, contractor, subcontractor,
consultant, volunteer, or other representative of the other Party.
6. 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.
6.1. The CITY's representative shall be the Public Works Director. The Public Works Director has
designated the Stormwater Program Manager as his designee.
6.2. DISTRICT's representative shall be the District Manager.
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7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. DEFAULT: Failure of the parties to comply with the terms of this Agreement shall constitute
default.
14. 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.
15. 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.
16. COUNTERPARTS: This Agreement may be executed in any number of counterparts, and each
such counterpart hereof shall be deemed to be an original instrument, but all such counterparts
together shall constitute but one agreement.
17. 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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DocuSign Envelope ID:0E2D4F33-3BF7-48CD-B5ED-0095677F3C1A
SKAGIT CONSERVATION DISTRICT CITY OF ANACORTES
By: Rc,at& UO Swt, By: (,a vt. tlet-
Dean Wesen Laurie Gere
Chair Mayor
Date: 1/4/2021 Date 1/4/2021
Address: Skagit Conservation District City of Anacortes
2021 E. College Way, Suite 203 904 6th Street
Mount Vernon, WA 98273 Anacortes, WA 98221
TN: (360) 482-4313 (360) 293-1966
FAX: (360) 424-6172 (360) 293-1938
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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 County's
Comprehensive Stormwater Management Plan (CSMP), and developing a volunteer
workforce to help implement this plan.
Task 1.1 Host Private Stormwater Facility Maintenance Workshop
The SCD will organize and implement two partial day or evening 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 workshop shall occur before August 31, 2021. The workshop shall
include:
A. An overview of the key components of identifying private stormwater maintenance
and a field trip to visit several private facility examples.
B. An assessment of the attendees behavior change as a result of the workshop.
Estimated Cost: $1,500.00
Task 1.2 —Watershed Masters Volunteer Training Program
This volunteer training program will target residents of all major drainage basins within
the lower Skagit, including Gages Slough on an annual basis. This program consists 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
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.
A. Perform recruitment of interested community residents to participate in the annual
Watershed Masters Volunteer Training Program.
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B. Document participation and volunteer activities conducted by the Watershed
Masters volunteers.
C. Coordinate and track volunteer hours contributed by participants.
D. Include program evaluation forms that will be completed by the participants to
determine behavior changes implemented.
E. Participants will report BMPs implemented at home based on education learned
during training.
Estimated Cost: $1,955.00
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. Water quality
parameters sampled 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 jurisdictions to determine stream priority.
C. Promote program in partnership with local jurisdictions and recruit citizen
participation.
D. Coordinate volunteer activities; maintain volunteer records and data sheets and
coordinate volunteer recognition events.
Required Task and Deliverables:
A. 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.
B. The SCD shall conduct an annual 3-session training event held in Sept. of each
year.
C. Each year, a team 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.
D. Volunteer hours contributed by participants will be tracked on a yearly basis and
submitted with annual report.
E. An annual report will be submitted to the City on or before January 15 of each year.
Estimated Cost: $4,000.00
Task 1.4 - Social Marketing Strategy
SCD will develop a social marketing strategy aimed at reducing fecal coliform bacteria
levels in urban creeks by encouraging collection and proper disposal of dog waste by dog
owners. SCD will work with City and County partners to identify high priority
parks/neighborhoods, identify barriers and opportunities, develop a consistent message
& develop and implement strategies to affect behavior change.
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Required Tasks and Deliverables:
The SCD shall:
A. Develop a social marketing strategy aimed at encouraging local residents to scoop
their dogs' poop and put it in the trash in public areas and on private property.
Estimated Cost: $500.00
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. The SCD shall:
A. Organize and conduct the Backyard Conservation Stewardship program in
partnership with local jurisdictions on an annual basis.
B. Engage in recruitment of interested residents to participate in the annual Backyard
Conservation Stewardship program.
C. 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.
D. Document participation of class attendees.
E. 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.
Estimated Cost: $1955.00
Task 2.2 — Resource Materials/Education for Local Schools
The District currently maintains an enviroscape watershed model that is available for
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presentations or available for teachers (or other agency personnel) to borrow. An
information packet, which contains a brief description of all materials available to
teachers will be compiled and mailed to all elementary schools located throughout Skagit
County (urban and rural areas) each September, to all elementary school teachers as
well as science and agriculture teachers at the middles 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:
A. Incorporate a special section in the annual teacher's packet that will specifically
highlight stormwater and low impact development education materials and
presentations available.
B. Provide classroom presentations on stormwater and water resources to local
schools (and other groups) as requested. The SCD shall work with the City of
Anacortes Stormwater Program Manager to create a new Anacortes specific
curriculum.
C. Distribute 100 teacher's information packets highlighting resources on stormwater
and water quality available through the District office.
D. Give a minimum of 7 presentations each year to local schools or other youth
groups on pollution from stormwater.
Estimated Cost: $1,100.00
Task 2.3 — Miscellaneous
Assist City with other related programs or tasks on an as needed basis upon mutual
agreement between City and SCD, such as providing annual reporting requirements.
Required Tasks and Deliverables:
To be determined as agreed to between the parties.
Estimated Cost: $2,100.00
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:
The District shall develop and mail stormwater related education brochures, fact sheets,
and posters to a variety of target groups. The SCD shall:
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A. 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.
B. Oversee printing and distribution of these materials.
C. Develop educational materials to target mobile businesses, landscapers,
homeowners, and property managers.
Estimated Cost: $1,960.00
Task 2.5 —Workshops for Local Contractors, Businesses & Residents
The SCD will organize and host workshops, trainings and/or tours focusing on topics that
include green roofs, pervious pavement, rain gardens, biofiltration, pervious pavement,
and pervious concrete. The target audience for these workshops will be local
contractors, businesses, or homeowners.
Required Tasks and Deliverables:
The SCD will organize and implement a public workshop and/or tour focusing on
education and outreach to local contractors, businesses, or homeowners on a variety of
Low Impact Development (LID) techniques.
The District, with City assistance, shall develop and host a workshop, training and/or field
tour, which will include:
A. An overview of the benefits and challenges of the different types of LID techniques
and instruction on how to implement LID into their operations.
B. An assessment of the attendees behavior change as a result of the workshop.
Estimated Cost: $1,500.00
Task 2.6 — 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 advertisements to promote
sustainable behavior and stewardship ethics that reduce potential pollution and
stormwater impacts.
Required Tasks and Deliverables:
The District shall:
A. Design and produce a minimum of one media advertisement annually. The media
format may include newspaper, social media, internet, and radio.
B. SCD will coordinate the advertisement with City staff.
Estimated Cost: $950.00
3.0 Administration and Oversight
SCD shall perform administrative duties and program oversight related to the tasks listed in
the agreement. Activities will include:
A. Maintaining clear records and files for all activities conducted under this contract
B. Preparing progress reports, invoices, and other documentation as required under
the contract
Annual Cost (10% of All Tasks): $1,752.00
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