Loading...
HomeMy WebLinkAbout5644 CMNH- wri AGENDA BILL 7D CITY OF BREMERTON CITY COUNCIL SUBJECT: Interlocal Agreement with Study Session Date: October 12, 2016 Kitsap County to continue participation in COUNCIL MEETING Date: October 19, 2016 the West Sound Stormwater Outreach Department: PW & U Group Presenter: Kathleen Cahall Phone: (360)473-2315 SUMMARY: Kitsap County and West Sound cities have been working through an Interlocal agreement since 2008 to jointly develop, implement, and fund Municipal Stormwater Permit-required outreach. In 2012, the group assumed the name West Sound Stormwater Outreach Group (WSSOG), to represent the regional scope and to align with other similar groups across Puget Sound. The goals of the WSSOG are to pool funds to: 1. Work cooperatively to help meet the requirements for compliance with the Municipal Stormwater Permit for education designed to reduce or eliminate behaviors and practices that cause or contribute to adverse stormwater impacts. 2. Save costs by sharing expertise, expenses, and staff time for efficiency and to 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. This interlocal agreement authorizes the City of Bremerton to continue as a member of the WSSOG. ATTACHMENTS: Interlocal Agreement with Kitsap County for the West Sound Stormwater Outreach Group FISCAL IMPACTS (Include Budgeted Amount): An amount not to exceed $18,171 per year will be allocated from the City of Bremerton Stormwater Utility to Kitsap County Surface and Stormwater Management to implement and coordinate the WSSOG program for three years from 2017 through 2019. STUDY SESSION AGENDA: ❑D No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Interlocal Agreement with Kitsap County for Bremerton to continue participation in the West Sound Stormwater Outreach Group; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: [J Approve H Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 KC-376-16 INTERLOCAL AGREEMENT OP KIT AP COUNTY ANDW/V4/ BETWEEN S OU THE CITY OF BREMERTON 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 Bremerton (hereafter "CITY") whose principal offices are located at 345 5th Street, Suite 600, Bremerton, Washington 98337. 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$18,171 per year, $54,513 total for the years 2017 through 2019 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, 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. Kathleen Cahall, Water Resources Manager, 3027 Olympus Drive, Bremerton, Washington 98310, 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 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 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 $54,513 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. 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, 2019. 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 � -ay oft 2016 DATED this 1a_ day of-b, 2016 CITY OF BREMERTON BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON dor-A_.AALI NOT PRESENT Patty Lent, :,1:� Edward E. Wolfe, Chair ATTEST: /4/ 2� Char otte Garrido, Commissioner r-dY1-14"'City Clerk Robert Gelder, Commissioner OOW14'/ OPT* E'O •ss Approved as to Form: ATTEST: ms '�'' =C m •It(oatuif *.. 41/0111 City Attorney Dana Daniels, Clerk of the Bo ,qP•Cbl\ KC-376-16 EXHIBIT A: WEST SOUND STORMWATER OUTREACH GROUP Scope of Work & Budget for 2017-2019 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 reduce or eliminate behaviors and practices that cause or contribute to adverse stormwater impacts and encourage the public to participate in stewardship activities."' 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. S. Gain enhanced access to federal, state, and other financial and technical support through coordination among Permittees with adjoining or shared geographic areas. Objectives& Tasks: Objective 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 2017, 2018, and 2019. Objective 2 Build on existing successful efforts by maintaining elevated awareness levels and environmentally positive behavior trends for one audience and behavior selected during the previous Permit term. 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. ■ Implement the updated Education & Outreach Plan for Pet Waste in Backyards, including a strategy for sustained awareness for the current Permit term, using adaptive management as necessary. Washington State Department of Ecology, Western Washington Phase II Municipal Stormwater Permit (2013) p.16. • 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. Objective 3 Select one new behavior and target audience. Review and prioritize the list of NPDES Permit audiences and practices to be addressed by a behavior change campaign. Revise as necessary based on emerging issues, opportunities, and evaluation results. Task 3.1 Assess practices that are most likely contributing to adverse stormwater impacts based on regional reports, studies, and knowledge of local pollution problems. Consider the scope of the problems as identified by reports, water quality data, and inspection/investigation results. Task 3.2 Evaluate behaviors targeted for social marketing campaigns using factors such as: • Attitude and behavior survey data, such as the Puget Sound Partnership's General Opinion Survey and Sound Behavior Index results; • Applicability of the issue across the West Sound region; • Availability of existing, effective programs that can be modeled; • Opportunities to collaborate with others involved in stormwater outreach programs; • Degree to which behaviors are single, simple, doable, and measurable; and • Findings from Task 3.1. Objective 4 Design or adopt a social marketing campaign with built-in evaluation protocols for the highest priority behavior from Objective 3. Task 4.1 Conduct formative research, 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 • Utilize focus groups or other survey tools to garner in-depth information on attitudes and practices relative to the behavior, and identify barriers and benefits of the target audience adopting the behavior. Task 4.2 Develop a campaign strategy based on research from Task 4.1 that includes an evaluation plan with specific, measurable, and achievable outcomes. Objective 5 Implement a social marketing campaign for the highest priority behavior. Task 5.1 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 5.2 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 5.3 Continue the program at an appropriate level once measurements indicate increased adoption of the behavior in the target audience. Objective 6 As resources and consensus of the group are available, implement additional campaigns using a phased approach for each prioritized behavior and associated target audience. Task 6.1 Pursue grants and other funding opportunities as available and appropriate. Objective 7 Use adaptive management to refine programs and direct education and outreach resources most effectively. Task 7.1 Take advantage of mutually beneficial outreach opportunities that fall within the NPDES Permit-required scope of audiences and behaviors, regardless of prioritization ranking. Task 7.2 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. Objective 8 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 8.1 Help implement the STORM Strategic Plan and annual Work Plan to achieve results of use and benefit to the WSSOG. Task 8.2 Promote capacity building among STORM and WSSOG members to raise the caliber of collective outreach in the region. Task 8.3 Support development and implementation of the PSSH awareness campaign in conjunction with on the ground local behavior change programs. Objective 9 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 2017 through 2019. The annual Staff Time budget of$50,932 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 $80,371 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 the Mutt Mitt Program, backyard pet waste outreach, reporting hotline promotion, advertising, business outreach, local implementation of the Puget Sound Starts Here campaign, newsletters and literature development, priority behavior change programs, and evaluation/surveys. 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 2016. To meet the needs of jurisdictions who utilize biennial budget cycles, year 2017 and years 2018-19 were calculated on separate charts. Table 1. Annual budget for all program elements-2017. Population Relative Staff Base PSSH & Supplemental Annual Jurisdiction Est 2015 Programs Mutt Mitt Programs Cost per (OFM) Population Time Budget Programs* Budget Jurisdiction Unincorporated KC 171,940 60.1% $30,631 $41,450 $72,081 ~ Bremerton 39,410 13.8% $7,021 $11,151 $1,650 $0 $18,171 Bainbridge Island 23,390 8.2% $4,167 $8,139 $2,500 $0 $12,306 Port Angeles _ 19,140 6.7% $3,410 $6,364 $1,750 $1,7001 $11,474 Port Orchard 13,510 4.7% $2,407 $5,807 $2,550 $8602 $9,074 Poulsbo 9,950 3.5% $1,773 $4,899 $2,500 $2,7503 $9,421 Gig Harbor 8,555 3.0% $1,524 $2,562 $500 $3,9004 $7,986 TOTAL 285,895 100.0% $50,932 $80,371 $11,450 $9,210 $140,513 *This column is included in the total Base Programs Budget, and represents a cap, or 'not to exceed' total for these two items per jurisdiction. ' Includes funding for 3 months of cinema ads in Port Angeles. 2 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 3 weeks of cinema ads in Poulsbo. 4 Includes funding for 3 months of cinema ads in Gig Harbor. Table 2. Annual budget for all program elements-2018&2019. Population Relative Staff Base PSSH & Supplemental Annual Jurisdiction Est 2015 Programs Mutt Mitt Programs Cost per Population Time (OFM) Budget Programs* Budget Jurisdiction Unincorporated KC 171,940 60.1% $30,631 $41,450 $72,081 Bremerton 39,410 13.8% $7,021 $11,151 $1,650 $0 $18,171 Bainbridge Island 23,390 8.2% $4,167 $8,139 $2,500 $2,5001 $14,806 Port Angeles 19,140 6.7% $3,410 $6,364 $1,750 $1,7002 $11,474 Port Orchard 13,510 4.7% $2,407 $5,807 $2,550 $0 $8,214 Poulsbo 9,950 3.5% $1,773 $4,899 $2,500 $2,7503 $9,421 Gig Harbor 8,555 3.0% $1,524 $2,562 $500 $3,9004 $7,986 TOTAL 285,895 100.0% $50,932 $80,371 $11,450 $10,850 $142,153 *This column is included in the total Base Programs Budget, and represents a cap, or 'not to exceed' total for these two items per jurisdiction. 1 Includes funding for 2 months of cinema ads in Bainbridge Island. 2 Includes funding for 3 months of cinema ads in Port Angeles. 3 Includes funding for 6 elementary school classroom lessons at $275 each, and 3 weeks of cinema ads in Poulsbo. 4 Includes funding for 3 months of cinema ads in Gig Harbor.