073-19 - Kitsap County - ContractKC-516-19
INTERLOCAL AGREEMENT
BETWEEN KITSAP COUNTY AND
THE CITY OF PORT ORCHARD
FOR THE WEST SOUND STORMWATER OUTREACH GROUP
I. PREAMBLE
This Interlocal Agreement (hereafter "AGREEMENT") is by an between Kitsap County
(hereafter "COUNTY") whose principal offices are located at 614 Division Street, Port
Orchard, Washington 98366 and the City of Port Orchard (hereafter "CITY") whose
principal offices are located at 216 Prospect Street, Port Orchard, Washington 98366.
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 II 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 work 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:
III. 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
2. 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 II
Permit.
D. Payment and Funding: CITY will provide COUNTY funds in an amount not to
exceed a total of $9,468 per year, totaling $28,404 for the years 2020 through
2022 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, Stormwater
Monitoring & Outreach Manager, 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.
Zack Holt, Stormwater Program Manager, 216 Prospect Street, Port Orchard,
Washington 98366, 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 31s' 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 NPDES 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 $28,404 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.
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.
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. Assignment: 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.
O. Duration: This AGREEMENT shall commence on the date of execution and shall
remain in effect through December 31, 2022.
P. Recording: Pursuant to RCW 39.34.040, this AGREEMENT shall be filed with the
Kitsap 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 parties on the dates
hereinafter indicated.
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DATED this---,,, day of, 2019
CITY OF PORT ORCHARD
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Rob Putaansuu, Mayor
ATTEST:
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City Cler
Approved as to Form:
C-*A torney
DATED this ZS day of h*&jg10..2019
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
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Edward E. Wolfe, Ch r
4harl e Garrido, Commissioner
Robert Gel er, Com issioner
GO MI�q�S
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ATTEST: �:. c�� O� • . Z
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Dana Daniels, Clerk of the Board
EXHIBITA:
WEST SOUND STORMWATER OUTREACH GROUP
Scope of Work & Budget for 2020-2022
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 NPDES Phase II Municipal
Stormwater Permit Section S5.C.1, Public Education and Outreach, through the implementation of
"education and outreach program[s] designed to:
o Build general awareness about methods to address and reduce impacts from stormwater
runoff;
o Effect behavior change to reduce or eliminate behaviors and practices that cause or
contribute to adverse stormwater impacts;
and, when possible,
o Create stewardship opportunities that encourage community engagement in addressing the
impacts from stormwater runoff."'
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:
Obiective 1 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 2020, 2021, and 2022.
1 Washington State Department of Ecology, Western Washington Phase II Municipal Stormwater
Permit (2019) p.14.
Objective 2 Build on existing successful efforts by maintaining elevated awareness levels and
environmentally positive behavior trends for one target audience and behavior selected
during the previous Permit term (pet owners/proper disposal of pet waste).
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.
■ 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.
■ Encourage home scooping through distribution of the "We Scoop" stickers at
select events. When appropriate, run ads that encourage scooping at home.
Ob'e____ ective 3 Design a social marketing campaign with built-in evaluation protocols for one new
target audience and behavior (DIY homeowners with kids or pets/using safer yard care
products).
Task 3.1 Develop a campaign strategy based on previously performed or locally available and
applicable research that includes an evaluation plan with specific, measurable, and
achievable outcomes. Revise as necessary based on emerging issues, opportunities, and
evaluation results.
Objective 4 Implement the social marketing campaign designed in Objective 3.
Task 4.1 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 4.2 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 4.3 Continue the program at an appropriate level once measurements indicate increased
adoption of the behavior in the target audience.
Objective 5 Use adaptive management to refine programs and direct education and outreach
resources most effectively.
Task 5.1 Take advantage of mutually beneficial outreach opportunities that fall within the NPDES
Permit -required scope of audiences and behaviors, regardless of prioritization ranking.
Task 5.2 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.
Task 5.3 Pursue grants and other funding opportunities as available and appropriate.
Objective 6 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 6.1 Help implement the STORM Strategic Plan and annual Work Plan to achieve results of
use and benefit to the WSSOG.
Task 6.2 Promote capacity building among STORM and WSSOG members to raise the caliber of
collective outreach in the region.
Task 6.3 Support development and implementation of the PSSH awareness campaign in
conjunction with on the ground local behavior change programs.
Task 6.4 Participate in regional work groups on targeted behaviors (e.g.: Pet Waste, Natural Yard
Care, Mobile Businesses, etc.)
Objective 7 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 2020 through 2022. The annual Staff Time budget of
$56,198 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 $82,599 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 implementation of the Mutt Mitt Program, backyard pet waste outreach,
natural yard care outreach, reporting hotline promotion, advertising, local implementation of the Puget
Sound Starts Here campaign, outreach collateral development and production, other priority behavior
change programs, evaluation/surveys/focus groups/studies, and/or professional services to achieve
any of these activities or tasks. 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 2019. To meet the needs of
jurisdictions who utilize biennial budget cycles, year 2020 and years 2021-22 were calculated on
separate charts.
Table 1. Annual budget for all program elements - 2020.
Jurisdiction
Population
Est. 2019
(OFM)
Relative
Population
Staff
Time
Budget
Base Programs Budget
Suppl.
Programs
Budget
Annual
Cost per
Jurisdiction
Programs
PSSH &
Mutt Mitt
BPB Total
Unincorp. KC
177,930
59.2%
$33,277
$41,626
TBD
$41,626
$0
$74,903
Bremerton
42,080
14.0%
$7,870
$9,845
$2,500
$12,345
$0
$20,214
Bainbridge
Island
24,520
8.2%
$4,586
$5,736
$2,500
$8,236
$0
$12,822
Port Angeles
19,620
6.5%
$3,669
$4,590
$1,750
$6,340
$2,2001
$12,209
Port Orchard
14,390
4.8%
$2,691
$3,367
$2,550
$5,917
$8602
$9,468
Poulsbo
11,180
3.7%
$2,091
$2,616
$1,965
$4,581
$2,7501
$9,421
Gig Harbor
10,770
3.6%
$2,014
$2,520
1 $500
1 $3,020
$3,9004
$8,934
TOTAL
300,490
100.0%
$56,198
$70,299
1 $11,765
1 $82,064
$9,710
$147,971
PSSH & Mutt Mitt column represents a budget guideline for these two items per jurisdiction.
1 Includes funding for 3 months of cinema ads in Port Angeles.
Z Includes funding for 4 elementary school classroom lessons at $215 each in Port Orchard.
3 Includes funding for 6 elementary school classroom lessons at $275 each, and cinema ads in Poulsbo,
4 Includes funding for 3 months of cinema ads in Gig Harbor.
Table 2. Annual budget for all program elements - 2021 & 2022.
Jurisdiction
Population
Est. 2019
(OFM)
Relative Staff
Time
Population Budget
-"Rise Programs Budget
Suppl.
Programs
Budget
Annual
Cost per
Jurisdiction
Programs
PSSH &
Mutt Mitt
BPB Total
Unincorp. KC
177,930
59.2%
$33,277
$41,626
TBD
$41,626
$0
$74,903
Bremerton
42,080
14.0%
$7,870
$9,845
$2,500
$12,345
$0
$20,214
Bainbridge
Island
24,520
8.2%
$4,586
$5,736
$2,500
$8,236
$0
$12,822
Port Angeles
19,620
6.5%
$3,669
$4,590
$1,750
$6,340
$2,2001
$12,209
Port Orchard
14,390
4.8%
$2,691
$3,367
$2,550
$5,917
$8602
$9,468
Poulsbo
11,180
3.7%
$2,091
$2,616
$2,500
$5,116
$2,750'
$9,956
Gig Harbor
10,770
3.6%
1 $2,014
$2,520
$500
$3,020
1 $3'9004
1 $8,934
TOTAL
300,490
100.0%
1 $56,198
$70,299
$12,300
$82,599
1 $9,710
1 $148,506
PSSH & Mutt Mitt column represents a budget guideline for these two items per jurisdiction.
1 Includes funding for 3 months of cinema ads in Port Angeles.
Z Includes funding for 4 elementary school classroom lessons at $215 each in Port Orchard.
3 Includes funding for 6 elementary school classroom lessons at $275 each, and cinema ads in Poulsbo.
4 Includes funding for 3 months of cinema ads in Gig Harbor.