077-22 - Kitsap County - ContractKC-292-22
INTERLOCAL AGREEMENT
BETWEEN KITSAP COUNTY AND
THE CITY OF PORT ORCHARD
FOR THE WEST SOUND STORMWATER OUTREACH GROUP
PREAMBLE
This Interlocal Agreement (hereafter "AGREEMENT") is by and 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 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.2 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 the 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 $10,223 per year, totaling of $30,669 for the years 2023 through
2025 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, Kimberly Pleger, Stormwater
Education & Outreach Coordinator, 614 Division Street, MS-26A, Port Orchard,
Washington 98366 shall represent COUNTY in all matters pertaining to the
services rendered under this AGREEMENT. All requirements of the CITY
pertaining to the services and materials to be rendered under this AGREEMENT
shall be coordinated through the COUNTY representative.
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 315t 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.
H. Responsibilities of the Parties: It is mutually understood that CITY will provide
COUNTY with the following:
Up to $30,669 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 January 1, 2023, and shall
remain in effect through December 31, 2025.
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.
DATED this day of 2022 DATED this � day of V1�7e.. , 2022
CITY OF PORT ORCHARD BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
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Rob Putaansuu, Mayor Edward E. Wolfe, Chair
ATTEST:
Charlotte Garrido, Commissioner
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Dana Daniels, Clerk of the Board
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EXHIBITA:
WEST SOUND STORMWATER OUTREACH GROUP
Scope of Work & Budget for 2023-2025
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.2, 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.
6. Identify opportunities for future collaboration on any new education and outreach requirements in
the future NPDES Phase II Municipal Stormwater Permit (expected to be issued in 2024).
Objectives & Tasks:
Obiective 1 Develop and adhere to an annual work plan for each year of this interlocal agreement.
1 Washington State Department of Ecology, Western Washington Phase II Municipal Stormwater
Permit (2019) p.14.
Task 1.1 Jointly develop a work plan for each year by January 31 of 2023, 2024 and 2025.
Objective 2 Build on existing successful efforts of the ongoing Pet Waste in Public Places campaign
(aka Mutt Mitt program) behavior change program (required under S5.C.1.a.ii and
S5.C.1.c of the 2013 Permit). Maintain elevated awareness levels and environmentally
positive behavior trends for the one target audience and behavior selected (pet
owners/proper disposal of pet waste in public areas).
Task 2.1 Review available evaluation data from other local programs as available 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 Mutt Mitt program, including a strategy for continued
awareness and behavior adoption for the current Permit term using adaptive
management as necessary, promoting maintenance of the Mutt Mitt Program and
supporting growth where indicated.
Objective 3 Using social marketing practices and methods, implement the Natural Yard Care
campaign with built in evaluation protocols for one target audience and behavior (DIY
homeowners with kids or pets/using safer yard care products).
Task 3.1 Continue to implement the campaign strategy across the WSSOG boundaries 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.
Task 3.2 Assess the effectiveness of the campaign at proper intervals, documenting progress, and
changing the campaign strategy as necessary to achieve desired outcomes.
Task 3.3 No later than March 31, 2024, evaluate and report on:
o The changes in understanding and adoption of targeted behaviors resulting from the
implementation of the strategy; and
o Any planned or recommended changes to the campaign in order to be more effective;
describe the strategies and process to achieve the results
o Use the results of the evaluation to continue to direct effective methods and
implementation of the ongoing behavior change program.
Task 3.4 Continue the program at an appropriate level once measurements indicate increased
adoption of the behavior in the target audience.
Objective 4 Collaborate on joint outreach and/or educational materials for the new business
inspection ordinance and program (S5.C.6) to help cost saving and increase efficiency.
Task 4.1 Seek opportunities to collaborate on joint outreach components such as print materials or
other outreach tools.
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 and 2 shows the annual budget for years 2023 through 2025. 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 and 2.
The annual Outreach Base Programs budget of $88,438 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, 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 2021. To meet the needs of jurisdictions who
utilize biennial budget cycles, year 2023 and years 2024-2025 were calculated on separate charts.
Table 1. Annual budget for all program elements - 2023.
Jurisdiction
Population
Est. 2021
(OFM)
Relative
Population
staff
Time
Budget
Base Programs Budget
PSSH &
Programs BPB Total
mutt Mitt
Suppi.
Programs
Budget
Annual
Cost per
Jurisdiction
Unincorp. KC
180,840
58.33%
$32,781
$44,413
$44,413
$0
$77,194
Bremerton
43,970
14.18%
$7,971
$10,799
$2,500
$13,299
$0
$21,269
Bainbridge
Island
24,930
8.04%
$4,519
$6,123
$2,500
$8,623
$0
$13,142
Port Angeles
20,120
6.49%
$3,647
$4,941
$1,750
$6,691
$2,200'
$12,538
Port Orchard
15,960
5.15%
$2,893
$3,920
$2,550
$6,470
$8602
$10,223
Poulsbo
12,000
3.87%
$2,175
$2,947
$2,500
$5,447
$2,7503
$10,372
Gig Harbor
12,200
3.94%
$2,212
$2,996
1 $500
$3,496
$0
$5,708
TOTAL
310,020
100.00%
$56,198
$76,138
$12,300
$88,438
$5,810
$150,446
PSSH & Mutt Mitt column represents a budget guideline for these two items per jurisdiction,
Includes funding for 3 months of cinema ads in Port Angeles.
Includes funding for 4 elementary school classroom lessons at $215 each in Port Orchard.
Includes funding for 6 elementary school classroom lessons at $275 each, and cinema ads in Poulsbo.
Table 2. Annual budget for all program elements - 2024 & 2025.
Jurisdiction
Population
Est. 2021
(OFM)
180,840
Relative
Population
Staff
Time
Budget
Base Programs Budget
PSSH & BPB Total
Programs Mutt Mitt
Suppl.
Programs
Budget
Annual
Cost per
Jurisdiction
Unincorp. KC
58.33%
$32,781
$44,413
$44,413
$0
$77,194
Bremerton
43,970
14.18%
$7,971
$10,799
$2,500
$13,299
$0
$21,269
Bainbridge
Island
24,930
8.04%
$4,519
$6,123
$2,500
1 $8,623
$0
$13,142
Port Angeles
20,120
6.49%
$3,647
$4,941
$1,750
$6,691
$2,200'
$12,538
Port Orchard
15,960
5.15%
$2,893
$3,920
$2,550
$6,470
$8602
$10,223
Poulsbo
12,000
3.87%
$2,175
$2,947
$2,500
$5,447
$2,7503
$10,372
Gig, Harbor
12,200
3.94%
$2,212
$2,996
$500
$3,496
$0
$5,708
TOTAL
310,020
100.00%
$56,198
$76,138
$12,300
$88,438
$5,810
$150,446
PSSH & Mutt Mitt column represents a budget guideline for these two items per jurisdiction.
Includes funding for 3 months of cinema ads in Port Angeles.
Includes funding for 4 elementary school classroom lessons at $215 each in Port Orchard.
Includes funding for 6 elementary school classroom lessons at $275 each, and cinema ads in Poulsbo.