Snohomish Conservation District joint servicesINTERLOCAL AGREEMENT
BETWEEN
CITY OF EDMONDS
AND
SNOHOMISH CONSERVATION DISTRICT
January 1, 2011 — December 31, 2015
This Interlocal Agreement (hereinafter "Agreement") is entered into by and between
the City of Edmonds (hereinafter "City"), a political subdivision of the State of Washington,
and the Snohomish Conservation District (hereinafter "District"), a Washington municipal
corporation established pursuant to Chapter 89.08 RCW.
WHEREAS, the District was established pursuant to Chapter 89.08 RCW to
undertake a variety of activities relating to the conservation, management, and sustainability
of natural resources; and
WHEREAS, the District and City are authorized pursuant to the Interlocal
Cooperation Act, Chapter 39.34 RCW, to enter into agreements with one another for joint or
cooperative action; and
WHEREAS, for over 60 years the District has assisted landowners and local
govenmzents as they face resource management challenges relating to water quality and other
natural resource issues; and
WHEREAS, increasing demands for resource management programs, resulting from
more stringent regulations, urban development pressures, and public interest and awareness,
has put a strain on both District and City financial resources; and
WHEREAS, the District has outlined long tern goals and objectives in its Long
Range Plan; and
WHEREAS, the City shares responsibility for conserving and managing the City's
natural resources; and
INTERLOCAL AGREEMENT BETWEEN
CITY OF EDMONDS, WASHINGTON,
AND SNOHOMISH CONSERVATION DISTRICT
January 1, 2011 - December 31, 2015
Page 1 of 7
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WHEREAS, the District and City support and concur in the need to continually refine
and coordinate their long and short term goals, objectives, and programs for managing and
conserving the City's natural resources; and
WHEREAS, the revenue from special assessments imposed by Snohomish County
(County) pursuant to RCW 89.08.400 will allow the District to work in partnership with the
City to obtain grant finding and support the County and the City in addressing requirements
of the National Pollutarif Discharge Elimination System (NPDES), Endangered Species Act
(ESA) listing of salmon species, and other natural resource protection requirements and
needs;
NOW, THEREFORE, the District and City mutually agree as follows:
I. PURPOSE
A. The recitals set forth above are incorporated herein by this reference.
B. The purpose of this Agreement is to establish and define the terms and conditions
for the cooperative efforts to be undertaken by the City and the District to promote, facilitate,
and undertake certain conservation programs and activities.
C. This Agreement shall be implemented through an annual scope of work as provided
in Articles IV and V.
II. DURATION OF AGREEMENT
A. This Agreement shall commence January 1, 2011, and terminate December 31,
2015, unless otherwise modified or terminated in accordance with the terms of this
Agreement.
B. The activities described in Appendix 1, scope and budget, negotiated by January 1
of each year, shall be eligible for funding under this Agreement.
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Funds for the resource management and conservation programs provided for in this
Agreement shall be from the City. The District and City shall endeavor to seek and obtain,
whenever possible, grants and other external ffiuiding sources to support the projects included
in the programs.
INTERLOCAL AGREEMENT BETWEEN
CITY OF EDMONDS, WASHINGTON,
AND SNOHOMISH CONSERVATION DISTRICT
January 1, 2011 -December 31, 2015
Page 2 of 7
IV. RESPONSIBILITIES OF THE DISTRICT
A. Scope of Work
This Agreement shall be implemented through a scope of work. The City and District
shall negotiate a scope of work and budget for each year of this Agreement, which scope of
work and budget will coordinate and describe the conservation programs and activities to be
undertaken using Rinds from the City. The first annual scope of work and budget is set out in
Appendix 1-2010, attached hereto and incorporated herein by this reference, which shall take
effect on January 1, 2011. Subsequent annual scope of work and budget will be attached to
this Agreement labeled as Appendix 1-2011 (or subsequent year).
B. Future Scope of Work
On or before January 1 of each year, the District will submit to the City, through the
Public Works Director, a proposed annual scope of work and budget that describes the
District's conservation programs and activities proposed to be. undertaken by the District with
funds obtained fiorn the City in the succeeding year. The scope of work will be coorduiated
with City conservation programs and activities. The District shall actively involve
constituents and partners in the development of proposed scope of work.
C. Program Reporting
On or before January 3lof each year, the District shall prepare and submit to the City,
through the Public Works Director, an annual report which shall summarize the work
performed and expenditures incurred during the preceding year for Ruiding provided by the
City and evaluate the performance and results of the work performed. The reports shall also
include, but not be limited to, the following:
1. A description of work performed during the period and progress made to date.
2. A description of any adverse conditions that affected the program objectives and/or
time schedules, and actions taken to resolve there.
V. RESPONSIBILITIES OF THE CITY
A. Cooperation with the District
INTERLOCAL AGREEMENT BETWEEN
CITY OF EDMONDS, WASHINGTON,
AND SNOHOMISH CONSERVATION DISTRICT
January 1, 2011 - December 31, 2015
Page 3 of 7
The City shall assist the District in a timely manner in the preparation, review, and
modification of the scope of work, including accommodation of sensitive District timelines
and assistance in identifying and malting plan modifications that are reasonably consistent
with the mission and goals of the District.
B. Payment of Billing Requests
The City shall provide quick payment of billing requests submitted by the District for
work activities and expenditures identified by the agreed to scope of work and budget.
VI. ENTIRETY OF AGREEMENT
This Agreement constitutes the entire agreement between the City and the District and
supersedes all proposals, oral and written, and all other communication between the parties in
relation to the subj ect matter of this Agreement. No other agreement exists between the City
and the District with regards to the instant subject matter except as expressly set forth in this
instruunent. Except as otherwise provided herein, no modification of this Agreement shall be
effective until reduced to writing and executed by both parties.
VII. MAINTENANCE OF RECORDS
The District shall maintain all books, documents, receipts, invoices, and records,
including payroll records, necessary to sufficiently and properly reflect the expenditures
associated with this Agreement. The accounting records shall provide for a separate
recording and reporting of all receipts and expenditures. Financial records pertaining to
matters authorized by this Agreement are subject to inspection and audit by representatives of
City or the State Auditor upon request.
VIH. AMENDMENTS AND MODIFICATIONS OF PROGRAM EXPENDITURES
A. Changes in Approved Projects or Program Activities
The City, through the Public Works Director, must approve the removal of projects of
program activities or adding new ones for scope of work.
B. Delays
Spending for some projects or program activities may be delayed because of extended
thnefiarnes for obtaining supporting grant funds, holdups in the permit review/approval
processes, or other unforeseen circumstances. Variations in the scope of work or budget for
these reasons shall be documented between the District and the City
INTERLOCAL AGREEMENT BETWEEN
CITY OF EDMONDS, WASHINGTON,
AND SNOHOMISH CONSERVATION DISTRICT
January 1, 2011 - December 31, 2015
Page 4of7
DC. PROPERTY
Title to property purchased by the District in carrying out the scope of work shall vest
in the District.
X. GENERAL PROVISIONS
A. Notice
Except as set forth elsewhere- in this Agreement, notice for purposes of this Agreement,
except service of process, shall be given by the District to the City by delivery to the Public
Works Director, 121 5t" Avenue North; Edmonds, WA 98020. Notice to the District for
purposes of this Agreement, except service of process, shall be given to the Chair of the
Board of Supervisors of the District and to the District Manager, 528 — 91st Ave. NE. Lake
Stevens, WA 98258.
B. Compliance with Laws
The District and the City shall comply with all federal, state, and local laws, statutes,
ordinances, rules and regulations applicable to the performance of this Agreement. The
District and the City agree to comply with all the provisions of the Americans with
Disabilities Act and all regulations interpreting or enforcing such act.
C. Indemnification
The District agrees to protect, defend and hold harnless the City, its elected and
appointed officials, employees and agents, from and against all claims, demands and causes
of action of any kind or character, including any cost of defense and attorney's fees, arising
out of any negligent actions, errors or omissions of the District, its officials, employees and
agents in performing this Agreement except for those arising out of the sole negligence of the
City.
The City agrees to protect, defend and hold harmless the District, its elected and
appointed officials, employees and agents, from and against all claims, demands and causes
of action of any kind or character, including any cost of defense and attorney's fees, arising
out of any negligent actions, errors or omissions of the City, its officials, employees and
agents in performing this Agreement except for those arising out of the sole negligence of the
District.
INTERLOCAL AGREEMENT BETWEEN
CITY OF EDMONDS, WASHINGTON,
AND SNOHOMISH CONSERVATION DISTRICT
January 1, 2011 - December 31, 2015
Page 5 of 7
The parties specifically promises to indemnify the other party against claims or suits
brought under Title 51 RCW by its agent, employees, representatives or subcontractors and
waives any immunity that each may have under that title with respect to, but only to, the other
party and this indemnification provision.
D. Non -assign vent
The District shall not subcontract, assign or delegate any of the rights, duties or
obligations covered by this Agreement without prior express written consent by the City.
E. hidependent Contractor
The District will perform the services under this Agreement as an independent
contractor and not as an agent, employee, or servant of the City. The parties agree that the
District is not entitled to any benefits or rights enjoyed by employees of the City. The
District specifically has the right to direct and control the District's own activities in
implementing the scope of work in accordance with the terms of this Agreement. The City
shall only have the right to ensure performance.
F. Ilnterlocal Cooperation Act
The parties agree that no separate legal or administrative entities are necessary in order
to cagy out this Agreement. If determined by a court to be necessary for purposes of the
hlterlocal Cooperation Act, Ch. 39.34 RCW, an administrator or joint board responsible for
'administering the Agreement will be established by mutual agreement. Any real or personal
property used by either party in connection with this Agreement will be acquired, held, and
disposed of by that party in its discretion, and the other party will have no joint or other
interest herein. No partnership or j oint venture between the parties is created by this
Agreement.
XI. MISCELLANEOUS
A. No obligation in this Agreement shall limit the District or the City in fulfilling its
responsibilities otherwise defined by law.
B. The City shall cause this Agreement to be recorded with the Snohomish County
Auditor or, alternatively, to be listed by subject on a public agency's web site or other
electronically retrievable public source.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
MTERLOCAL AGREEMENT BETWEEN
CITY OF EDMONDS, WASHINGTON,
AND SNOHOMISH CONSERVATION DISTRICT
January 1, 2011 - December 31, 2015
Page 6 of 7
latest date written below.
SNOHOMISH CONSERVATION DISTRICT
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Accepted and exec iced this � day of ae-e 1 , 2010
By: -711J,
Mark Craven, Chair
Snohomish Conservation District
CITY OF EDMONDS
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Accepted and executed this /f day of Vffjd a & , 2010
By: ml'-L
Mayer Mike Coo er
ATTEST/AUTHENTICATED:
andra S. Chase, City Cleric
APPROVFZ10AS TO FORM:
0FFWTTORNEY:
t%-00-5r
W. Scott Snyder
INTERLOCAL AGREEMENT BETWEEN
CITY OF EDMONDS, WASI- fNGTON,
AND SNOHOMISH CONSERVATION DISTRICT
lanuary 1, 2011 - December 31, 2015
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