059-08 - Resolution - Contract with Kitsap County for National Pollutant Discharge Elimination System PermitRESOLUTION NO. 059-08
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, ATHORIZING THE MAYOR TO ENTER INTO
AN INTERLOCAL AGREEMENT WITH KITSAP COUNTY,
WASHINGTON FOR PUBLIC EDUCATION AND OUTREACH
COMPLIANCE OF THE NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM PERMIT
WHEREAS, the City desires to enter into the Interlocal Agreement with the County to
aid in the compliance with the National Pollutant Discharge Elimination System (NPDES) Permit;
and
WHEREAS, the City would work as part of a collaborative and thus would have access
to additional resources; now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY
RESOLVES AS FOLLOWS:
THAT: The City Council agrees to enter into an Interlocal
Agreement between the City of Port Orchard and Kitsap County
for Public Education and Outreach Compliance of the National
Pollutant Discharge Elimination System Permit to terminate on
February 15, 2012.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this 9th day of December ZOOS.
Lary
INTERLOCAL AGREEMENT
BETWEEN KITSAP COUNTY AND
THE CITY OF PORT ORCHARD
KC 458-08
C002-09
TO FORM THE KITSAP PENINSULA CLEAN RUNOFF COLLABORATIVE
I. PREAMBLE
This lnterlocal Agreement (hereafter "AGREEMENT") is by and between Kitsap County
(hereafter "COUNTY") whose principal offices are located at 614 Division Street, Port
Orchard, WA, 98366 and the City of Port Orchard (hereafter "CITY") whose principal
offices are located at 216 Prospect St., Port Orchard, WA 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, 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 by February 16,
2009; 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, Kitsap Peninsula 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, United States Naval bases therein, and the cities of Port
Orchard, Poulsbo, Bremerton, and Gig Harbor desire to form the Kitsap Peninsula
Clean Runoff Collaborative to coordinate joint development and implementation of
stormwater education and outreach programs.
NOW THEREFORE, the parties mutually agree as follows:
I
Ill. 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. lnterlocal Agreement
2. Exhibit A: Kitsap Peninsula Clean Runoff Collaborative 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 $24,592 for the years 2009, 2010, and 2011. 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 hereon, and hereby referred to and made a part hereof by
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: Jayna Ericson, SSWM Outreach and
Education Coordinator, 614 Division Street MS 26-A, Port Orchard WA 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.
Andrea Archer, Assistant City Engineer, 216 Prospect Street, Port Orchard, WA 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 (1 0) working days.
G Reporting: By January 31st 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
2
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 $24,592 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.
I. 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.
J. 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.
The scope of work performed under this AGREEMENT is part of a collaborative
program with other local jurisdictions (Gig Harbor, Poulsbo, Bremerton, Kitsap County,
Port Orchard, and the United States Navy). The work product (reports, surveys,
educational materials, etc.) will be shared and used by all participating local
jurisdictions. The COUNTY and CITY agree that all data materials, reports,
memoranda, and any other documents developed under this Agreement whether
finished or not shall be the property of all participants of the project and may be utilized
as any participant sees fit. CITY agrees that if it uses products prepared by COUNTY
for purposes other than those intended in this Agreement, it does so at its sole risk and
it agrees to hold COUNTY harmless therefore.
3
K. Assignment: COUNTY may assign or subcontract any portion of the services
provided within the terms of this 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.
0. Duration: This AGREEMENT shall commence on the date of execution, and
shall remain in effect through February 15, 2012.
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.
4
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 this 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 this9:_ day of Dfrg~t)JS
CITY OF PORT ORCHARD
Lary
ATTEST
Approved as to form:
5
DATED this;((~day of JMJ.~ilffft
KITSAP COUNTY
BOARD OF COMMISSIONERS
:~ ~:>.5/.-/ '.3ftDwiJ1 Comrntsslof1e/"
ATTEST
ffipvG 1-Jb !d:.o.
OP L ROBERTSON
Clerk of the Board
Approved as to form:
Kitsap County Prosecutor's Office
EXHIBIT A:
KITSAP PENINSULA CLEAN RUNOFF COLLABORATIVE
Scope of Work and Budget
A. GOALS, OBJECTIVES, AND TASKS
Goals:
1. Design and implement stormwater education and outreach programs to achieve
measurable reductions in behaviors that cause or contribute to adverse
stormwater impacts.
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. Benefit citizens of the Kitsap Peninsula by providing consistent outreach and
messaging.
4. Gain enhanced access to federal, state, and other financial and technical support
through coordination among Permittees with adjoining or shared geographic
areas.
5. Obtain compliance with NPDES Phase II Municipal Stormwater Permit
requirements for Section S5.C.1, Public Education and Outreach.
The Kitsap Peninsula Clean Runoff Collaborative is committed to achieving the
following objectives by February 16, 2009:
Objective 1 Identify target audiences and characterize associated behavior and
demographic trends.
Task 1.1 Contract consultant services to design and conduct a survey for the
general public that:
• Can be used to characterize current behaviors and associated
demographic trends;
• Will serve as a baseline against which behavior change can be
measured;
• Is in a format that can be repeated;
• Produces data of statistical quality that is useful to all participating
jurisdictions; and
• Can determine the extent to which Kitsap Peninsula audiences can be
generalized to those of the eastern Puget Sound metropolitan area, as
well as within urban vs. rural areas of the Kitsap Peninsula.
Task 1.2 Identify appropriate baseline behavior assessment tools and/or gather
existing data on specific sectors within the general public (businesses,
Permittee employees, etc.) for whom standard telephone survey
techniques may not be effective.
6
Objective 2 Identify and prioritize practices to be addressed by behavior-change
campaigns.
Task 2.1 List behaviors that are most likely contributing to adverse stormwater
impacts based on knowledge of local pollution problems. Consider
behaviors relevant to each target audience.
Task 2.2 Prioritize behaviors and associated target audiences to be addressed by
social marketing campaigns using factors including but not limited to:
• Baseline behavior survey results;
• Scope of problem as identified by water quality data and inspection/
investigation results;
• Presence/absence of existing local programs that address the behavior
and effectiveness of those programs;
• Literature search of relevant articles and reports for programs
applicable to the target audience; and
• Degree to which identified behaviors are single, simple, doable, and
measurable.
Objective 3 Commence the design of a social marketing campaign with built-in
evaluation protocols for the highest priority behavior.
Task 3.1 Conduct formative researches on the highest priority behavior, which may
include:
• Reviewing other program designs, management approaches, and
evaluation strategies;
• Adopting a campaign approach that has been thoroughly evaluated
and proven successful in a similar community; and/or
• Using focus groups or other survey tools to garner in-depth information
on attitudes and practices relative to the behavior, identify barriers and
benefits of the target audience adopting the behavior, and get ideas for
potential campaign strategies.
Task 3.2 Develop a campaign strategy based on barrier/benefit research that
includes an evaluation plan with specific, measurable, and achievable
outcomes.
The Kitsap Peninsula Clean Runoff Collaborative is committed to achieving the
following objectives by February 15, 2012:
Objective 4 Implement social marketing campaign for the highest priority behavior.
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.
7
Task 4.3 Continue the program at an appropriate level once measurements indicate
increased adoption of the behavior in the target audience.
Objective 5 Implement additional campaigns using a phased approach for each
prioritized behavior and associated target audience.
Objective 6 Use adaptive management to refine programs and direct education and
outreach resources most effectively.
Objective 7 Track and maintain records of education and outreach activities.
Objective 8 Pursue grants and other funding opportunities as available and
appropriate.
Objective 9 Enhance public awareness of and access to information resources.
Task 9.1 Brand the Collaborative with a name, slogan, and logo that the public can
relate to.
Task 9.2 Create an independent website that serves as a stormwater education
clearinghouse for residents and businesses.
Objective 10 Strengthen existing partnerships.
Task 10.1 Coordinate messages and activities with other entities involved in
stormwater education and outreach programs (Regional STORM
Program; West Sound Watersheds Council; Puget Sound Partnership
ECO Network; KEEP)
Task 10.2 Seek opportunities to optimize partnerships with non-permitted entities
including but not limited to the Kitsap County Health District, Kitsap
Conservation District, Washington SeaGrant, WSU Extension, Chambers
of Commerce, Local Source Control Specialists, professional associations,
and non-profit environmental organizations
B. BUDGET
Table 1 shows maximum annual budget for years 2009, 2010, and 2011 by program
element. Elements in blue indicate program costs that will be shared among
jurisdictions based on relative population sizes. The post survey element in year four
will be paid for individually, with Kitsap County contributing a maximum of $20,000;
Bremerton contributing a maximum of $10,000; and the Navy, Port Orchard, Poulsbo,
and Gig Harbor each contributing a maximum of $5,000. Table 2 shows the total
maximum annual budget by jurisdiction, representing both shared and individual costs.
The Collaborative will make every effort to minimize actual costs by selecting
8
competitive bids for professional services, and by pursuing grants and other funding
sources as available and appropriate.
Table 1. Maximum budget for all program elements
Year 1
Program Element 2009
Outreach & Education
Coordinator (1 FTE) 81,070
Website 2,000
Campaign development and
implementation 97,000
Shared Elements Subtotal' 180,070
Pre/Post Survey'
Unincorporated KC = $20K
Bremerton= $1 OK
Jurisdictions <1 0,000 = $5K ea 0
TOTAL 180,070
Costs shared based on relative population s1ze
2 Individual jurisdiction costs
Year 2
2010
85,118
2,200
112,000
199,318
0
199,318
Table 2. Maximum program budget per jurisdiction
Year 1 Year2
Jurisdiction 2009 2010
Kitsap County (71.6% 128,918 142,698
Bremerton (15.1%) 27,156 30,059
Navl' (3.8% 6,789 7,515
Port Orchard (3.5% 6,332 7,009
Poulsbo (3.2%) 5,733 6,346
Gig Harbor (2.9%) 5,142 5,691
TOTAL 180,070 199,318
.
9
Year3 Program
2011 Total
89,369 255,557
2,400 6,600
86,000 295,000
177,769 557,157
50,000 50,000
227,769 607,157
Year 3 Program
2011 Total
147,270 418,886
36,809 94,02~
11 ,703 26,007
11 ,251 24,592
10,660 22,739
10,076 20,909
227,769 607,157