Snohomish County & City of Mountlake Terrace Intergovernmental Services Agreement for Lake Management & Water QualityNo. 7-0[q (0Z1
(City Clerk Use Only)
CONTRACT ROUTING FORM
Z Originator: Rob English Routed by: Megan Luttrell
0 Department/Division: Engineering - Public Works Date: 06/21/2019
I P
a
Name of Consultant/Contractor: Snohomish County & City of Mountlake Terrace
uvi CONTRACT TITLE:
o Intergovernmental Services Agreement for Lake Mgmt & Water Quality
Type of Contract: (GR) Grants W] (1) Intergovernmental Agreement (L) Lease Agreement
Z I (S) Purchase of Services (W) Public Works (0) Other
w
Z Bid/RFP Number:
V Effective Date: Completion Date: 12/31/2024
0 Has the original City contract boilerplate language been modified? 0Yes. No
If yes, specify which sections have been modified:
p Description Please have all three signed and return to me for further processing. - Megan
s
V of Service
Total Amount of Contract: $ 2,968.50
Budget # 422.000.72 . 594.31 J65.41 Amount:
J '
Budget # , Amount:
w -- I
0
Q Budget # i Amount:
Z Are there sufficient funds in the current budget to cover this contract? %Z; Yes O No
ILL
Remarks:
I
Authorization Level: Council
w
Q [�1. Project Manager 6. City Council Approval
2. Risk Management/Budget Date (if applicable) O6/18/2019
Z 3. City Attorney 0 7. Mayor _
N J/ 1 4. Consultant/Contractor ❑✓ 8. City Clerk
I [� 5. Other
INTERGOVERNMENTAL SERVICES AGREEMENT
FOR LAKE MANAGEMENT AND WATER QUALITY SERVICES
This AGREEMENT FOR LAKE MANAGEMENT AND WATER QUALITY SERVICES
(this "Agreement") is made and entered into as of this day of , 2019 (the
"Execution Date"), by and between the CITY OF EDMONDS, a Washington municipal
corporation, the CITY OF MOUNTLAKE TERRACE, a Washington municipal corporation,
(together the "Cities"), and SNOHOMISH COUNTY, a political subdivision of the State of
Washington (the "County").
RECITALS
A. Lake Ballinger lies within the boundaries of the City of Edmonds and the City of
Mountlake Terrace.
B. Lake Ballinger is an important water resource for both the City of Edmonds and the
City of Mountlake Terrace which provides opportunities for swimming, boating, fishing and aesthetic
enjoyment.
C. The Cities and the County recognize the importance of performing certain water
quality monitoring services at Lake Ballinger.
D. The Cities do not have the staff or resources to monitor water quality at Lake Ballinger.
E. The Cities desire to retain the services of the County to perform certain water quality
monitoring at Lake Ballinger and the County has the staff and resources to perform said services, all
under the terms and conditions described in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the respective agreements set forth below and for
other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Cities and the County agree as follows:
1. TERM
The term of this Agreement (the "Term") shall commence upon execution (the "Commencement
Date"), and shall expire on December 31, 2024 (the "Expiration Date"); provided, however, that both
the Cities' and the County's obligations after December 31, 2019, are contingent upon local legislative
appropriation of the necessary funds for this specific purpose in accordance with applicable law.
2. CATEGORIES OF SERVICES PERFORMED BY COUNTY AND RIGHT OF ENTRY
During the Term of this Agreement, the County shall perform for the Cities the following services
(collectively, the "Services"): (i) lake monitoring services, as more fully described in Section 3 below
(the "Lake Monitoring Services"); and (ii) any additional services related to water quality or quantity
issues that may be mutually agreed upon in writing by the Cities and the County pursuant to Section 4
below (the "Additional Services"). The Services shall be performed in a good and professional
manner, consistent with accepted industry standards and in accordance with both the substantive and
procedural requirements specified in this Agreement.
AGREEMENT FOR LAKE MANAGEMENT pg. 1
AND WATER QUALITY SERVICES
The Cities shall provide the County with reasonable access to any location where Services are to
be provided. If the Cities are unable to provide such access, the County shall have no obligation to
perform any Services under this Agreement unless and until the Cities provide reasonable access.
3. LAKE MONITORING SERVICES
3.1. Lake Water Quality Monitoring
The County, through the assistance of trained citizen volunteers, will perform basic water quality
monitoring of Lake Ballinger two times per month from May through October of each contract year
per volunteer availability. Basic monitoring will be conducted in the deepest portion of the lake and
will consist of measurements of water clarity (Secchi depth) and near -surface water temperature, as
well as observations of water color and algae abundance.
Water column profiles for temperature and dissolved oxygen will also be taken as a part of basic
monitoring per availability of a dissolved oxygen/temperature meter (meter). If the Cities provide a
meter, the profiles will be included every year as part of basic monitoring. The County will provide
basic maintenance of a Cities -provided meter, but will not be responsible for repairs. If the Cities do
not provide a meter, then Lake Ballinger volunteers will be provided with a County meter at least every
third year. The County will be responsible for all maintenance and repairs of County -provided
instruments.
The County will also provide more detailed monitoring of Lake Ballinger from June through
September of each contract year including in months when a volunteer is not available. The detailed
monitoring will be conducted in the deepest portion of the lake and will include water samples for
laboratory analysis. Water samples will be taken from the epilimnion (1 meter depth) and will be
analyzed for total phosphorus, chlorophyll a, and total persulfate nitrogen. Samples will also be taken
from a hypolimnetic depth (1 meter from the lake bottom) and will be analyzed for total phosphorus.
All monitoring will be conducted in accordance with the "Quality Assurance Monitoring Plan for
the Snohomish County Lake Management Program" as updated. Citizen volunteers will be trained by
the County in proper monitoring techniques and will be supervised by County staff. Water samples
will be analyzed by a Washington State Department of Ecology -accredited laboratory. The laboratory
results are sent to the County in electronic format. The cost for all such services shall be as set forth in
Section 5 below.
3.2. Reporting of Water Quality Data
All data collected from Lake Ballinger will be summarized annually in two written reports that
will be made available to the Cities and the general public. The first is a water quality report card, a
short summary for the public of lake health. The second report is a more detailed report with a summary
of all data collected through the monitoring program. The reports for a given calendar year shall be
delivered to the Cities on or before March 15 after the close of the calendar year at issue. The reports
will also be made available on Snohomish County's website unless otherwise directed by the Cities.
The raw water quality data shall be available on the County's online water quality database following
completion of quality assurance checks. Copies of the raw data shall also be provided to the Cities upon
request.
If requested by the Cities, County staff will also provide a single annual public presentation on
the condition of water quality in Lake Ballinger. The County will also provide comments on
documents, reports, or grant proposals related to lake water quality that may be developed by the Cities
for the management of Lake Ballinger.
AGREEMENT FOR LAKE MANAGEMENT pg. 2
AND WATER QUALITY SERVICES
3.3. Technical Assistance
County staff will be available to respond to questions from the public and the Cities about the
water quality conditions in Lake Ballinger via email or phone. The County will also provide plant
identification services as requested. The County will refer all other inquiries, including those regarding
lake management actions, to the Cities.
4. ADDITIONAL SERVICES
4.1. Desire for Additional Services
The County and the Cities anticipate that, during the Term of this Agreement, the Cities may
desire for the County to provide additional water quality monitoring or related services (the "Additional
Services") to the Cities, and the County may be willing to provide some or all of such Additional
Services. By way of example, and not by way of limitation, the parties anticipate Additional Services
could involve any one or more of the following: (i) sampling one or more water quality monitoring
sites for additional or different water quality parameters at Lake Ballinger and/or its tributaries; (ii)
monitoring of blooms of potentially toxic algae; (iii) commencement of other activities as requested or
as mutually agreed that enhance the Cities' water quality program.
4.2. Request for Additional Services
Subject to the total cost limitation described in Section 5.4 below, at any time and from time to
time during the Term of this Agreement, the Cities may request that the County perform one or more
Additional Services. The Cities may request that such Additional Services be performed a specific
number of times, or on an ongoing basis, for a single calendar year, or for multiple calendar years. The
County may, but need not, agree to perform some or all of the requested Additional Services under
terms and conditions acceptable to both parties. Any agreement to add Additional Services must be
memorialized in writing and signed by the City Manager of Mountlake Terrace, the Mayor of Edmonds
and the County's Director (as those terms are defined in Section 4.3 below).
4.3. Authority to Request and Approve Additional Services
Subject to the total cost limitation described in Section 5.4 below, the City Manager of
Mountlake Terrace and the Mayor of Edmonds shall have the authority to request, authorize and
memorialize Additional Services on behalf of that City without the need to obtain additional approvals
from the City Council of Edmonds or the Mayor of Mountlake Terrace. Subject to the total cost
limitation described in Section 5.4 below, the Director of the County's Department of Public Works
(the "County's Director") shall have the authority to agree to perform and memorialize Additional
Services on behalf of the County without the need to obtain additional approvals from the County
Executive.
5. COMPENSATION
5.1. Cost of Lake Monitoring Services in 2019
The Cities shall pay the County $5,937 in 2019 for the cost of Lake Monitoring Services. The
City of Edmonds shall pay 50% of the costs ($2968.50 in 2019). The City of Mountlake Terrace shall
pay 50% of the costs ($2968.50 in 2019).
AGREEMENT FOR LAKE MANAGEMENT pg. 3
AND WATER QUALITY SERVICES
5.2. Cost of Additional Services
Unless specifically otherwise provided herein, the County shall be compensated for all
Additional Services on a time and materials basis. The County's time shall be calculated based on the
base hourly rate of each of the individual County Personnel (as that term is defined in Section 6 below)
performing the Services. The actual reasonable cost of benefits shall be added to the base hourly rate
of all County Personnel. The time billed to the Cities shall consist only of personnel time that is actually
spent and is reasonably required to perform the Services. The Cities shall reimburse the County for all
reasonable costs actually incurred by the County in connection with performing the Services, including,
but not limited to, laboratory fees. The Cities shall reimburse the County for the reasonable costs of
materials and/or equipment the County uses in connection with performing any one or more of the
Additional Services. Reimbursement for additional services will be split between the cities at the
percentages shown in Section 5.1 of this Agreement.
5.3. Cost of Services in Following Years
Beginning in 2019, on or before October 1 st of each year, the County shall provide the Cities
with a written estimate for the total cost of performing the Services for the following calendar year.
Both Cities must provide written acceptance of the cost estimate to the County on or before November
1st of the year that the County's cost estimate is provided. This Agreement shall terminate on
December 31 st of the year that the County's cost estimate is provided to the Cities if either: (1) one or
both of the Cities do not provide written acceptance of the County's cost estimate as required in this
Section; or (2) one or both of the Cities rejects the County's cost estimate.
5.4. Total Services Not to Exceed $50,000 Maximum Cost
Notwithstanding anything to the contrary contained elsewhere in this Agreement, the total
cumulative cost of all Services performed by the County under this Agreement shall not exceed Fifty
Thousand Dollars ($50,000.00) (the "Maximum Cost"). Accordingly, if any proposal to add one or
more Additional Services to this Agreement would cause the total cost of Services to exceed the
Maximum Cost, the Cities shall not submit a request for such Additional Services to the County. Should
the County receive a request for Additional Services that would cause the total cost of all Services to
exceed the Maximum Cost, the County shall reject said request.
5.5. Invoicing and Payment
The County shall submit one invoice to each of the Cities by October 1 st of each year itemizing
the cost of providing the Lake Monitoring Services for the current calendar year. The County shall also
submit one or more invoices each year to the Cities for any Additional Services agreed to by the County
and the Cities. Invoices for Additional Services shall describe in reasonable detail the cost of time and
materials spent by the County on Additional Services during the period at issue. The Cities shall pay
each invoice within thirty (30) days of receiving same. Invoices shall be sent to the following addresses:
City of Edmonds
Attn: Patrick Johnson
121 5`s Avenue N
Edmonds, WA 98020
City of Mountlake Terrace
Attn: Laura Reed
6100 219t° Street SW, Suite 200
Mountlake Terrace, WA 98043
AGREEMENT FOR LAKE MANAGEMENT
AND WATER QUALITY SERVICES
pg. 4
6. INDEPENDENT CONTRACTOR
All work performed by the County pursuant to this Agreement shall be performed by the
County as an independent contractor and not as an agent or employee of the Cities. The County shall
finnish, employ, and have exclusive control of all persons (including, but not limited to volunteers) to
be engaged in performing the County's obligations under this Agreement (collectively, the "County
Personnel") and shall prescribe and control the means and methods of performing such obligations by
providing adequate and proper supervision. The County Personnel shall for all purposes be solely the
employees, agents or volunteers of the County and shall not be deemed to be employees or agents of
the Cities for any purpose whatsoever. With respect to the County Personnel, the County shall be solely
responsible for compliance with all rules, laws, and regulations relating to employment of labor, hours
of labor, working conditions, payment of wages and payment of taxes, such as employment, Social
Security, and other payroll taxes including applicable contributions from the County Personnel when
required by law.
7. TERMINATION FOR CONVENIENCE
This Agreement may be terminated by any party for any reason or for no reason, by giving
thirty (30) days advance written notice of termination to the other parties. Any termination notice
delivered pursuant to this Section 7 shall specify the date on which the Agreement will terminate. If
this Agreement is terminated pursuant to this Section 7, the County shall continue performing Services
through the date of termination. The Cities shall compensate the County for all Services performed by
the County through the date of termination on a pro -rated basis. The Cities' obligation to make such
final payment to the County shall survive the termination of this Agreement.
8. COMPLIANCE WITH LAWS
The Cities and the County shall at all times exercise their rights and perform their respective
obligations under this Agreement in full compliance with all applicable laws, ordinances, rules and
regulations of any public authority having jurisdiction.
9. INDEMNIFICATION
Each party to this Agreement shall indemnify, defend and hold every other party and its elected
officials, agents, employees and contractors harmless from and against any and all costs, liabilities,
suits, losses, damages, claims, expenses, penalties or charges, including, without limitation, reasonable
attorneys' fees and disbursements, that the other parties may incur or pay out by reason of. (i) any
accidents, damages or injuries to persons or property occurring during the Term of this Agreement, but
only to the extent the same are caused by any negligent or wrongful act of the indemnifying party; or
(ii) any breach or Default (as such term is defined in Section 10 below) of the indemnifying party under
this Agreement. The provisions of this Section 9 shall survive the expiration or earlier termination of
this Agreement.
10. DEFAULT AND REMEDIES
If any party to this Agreement fails to perform any act or obligation required to be performed
by it hereunder, the party or parties to whom such performance was due shall deliver written notice of
such failure to the non -performing party. The non -performing party shall have thirty (30) days after its
receipt of such notice in which to correct its failure to perform the act or obligation at issue, after which
time it shall be in default ("Default") under this Agreement; provided, however, that if the non-
performance is of a type that could not reasonably be cured within said thirty (30) day period, then the
non -performing party shall not be in Default if it commences cure within said thirty (30) day period
AGREEMENT FOR LAKE MANAGEMENT pg. 5
AND WATER QUALITY SERVICES
and thereafter diligently pursues cure to completion. In the event of a party's Default under this
Agreement, then after giving notice and an opportunity to cure, the party or parties to whom the
performance was due shall have the right to exercise any or all rights and remedies available to it at law
or in equity.
11. PUBLIC DISCLOSURE LAWS
The Cities and the County each acknowledge, agree and understand that the other parties are
public agencies subject to certain disclosure laws, including, but not limited to Washington's Public
Records Act, chapter 42.56 RCW. Each party understands that records related to this Agreement and
the County's performance of Services under this Agreement may be subject to disclosure pursuant to
the Public Records Act or other similar law. Neither the Cities nor the County anticipates that the
performance of any party's obligations under this Agreement will involve any confidential or
proprietary information.
12. NOTICES
Each notice, demand, request, consent, approval, disapproval, designation or other
communication that is permitted or required to be given by one party to another party under this
Agreement shall be in writing and shall be given or made or communicated by: (i) United States
registered or certified mail, postage prepaid, return receipt requested; (ii) any nationally recognized
overnight carrier or express mail service (such as FedEx or DHL) that provides receipts to indicate
delivery; (iii) by personal delivery; or (iv) by facsimile (with proof of successful transmission); (v) or
by email (with a request for and receipt of proof of successful transmission). All such communications
shall be addressed to the appropriate Administrator of this Agreement (or their designee) as follows:
To the City of Edmonds:
ATTN: Patrick Johnson
121 5`s Avenue N
Edmonds, WA 98020
Telephone: 425-771-0220 x1322
Email: pat johnsonnedmondswa. og_v
To the County:
ATTN: Surface Water Management
Director or Designee
Snohomish County
Department of Public Works
3000 Rockefeller Avenue M/S 607
Everett, Washington 98201
Telephone: (425) 388-6454
Facsimile: (425) 388-6455
Email: Gremflarris(@snoco.org
To the City of Mountlake Terrace:
ATTN: Laura Reed
6100 219'h Street SW, Suite 200
Mountlake Terrace, WA 98043
Telephone: 425-744-6226
Email: lreed(a�ci. mlt. wa .0 s
All notices shall be deemed given on the day each such notice is personally delivered,
transmitted by facsimile (with evidence of receipt), or delivered by overnight courier service, or on
the third business day following the day such notice is mailed if mailed in accordance with this
Section.
AGREEMENT FOR LAKE MANAGEMENT pg. 6
AND WATER QUALITY SERVICES
13. MISCELLANEOUS
13.1. Entire Agreement
This Agreement constitutes the entire agreement between the parties regarding the subject
matter hereof, and supersedes any and all prior oral or written agreements between the parties regarding
the subject matter contained herein. This Agreement may not be modified or amended in any manner
except by a written document signed by the party against whom such modification is sought to be
enforced.
13.2. Interpretation
This Agreement shall be governed by and enforced in accordance with the laws of the State of
Washington. This Agreement and each of the terms and provisions of it are deemed to have been
explicitly negotiated by the parties, and the language in all parts of this Agreement shall, in all cases,
be construed according to its fair meaning and not strictly for or against the parties hereto. The captions
and headings in this Agreement are used only for convenience and are not intended to affect the
interpretation of the provisions of this Agreement. This Agreement shall be construed so that wherever
applicable the use of the singular number shall include the plural number, and vice versa, and the use
of any gender shall be applicable to all genders.
13.3. Severability
If any provision of this Agreement or the application thereof to any person or circumstance
shall, for any reason and to any extent, be found invalid or unenforceable, the remainder of this
Agreement and the application of that provision to other persons or circumstances shall not be affected
thereby, but shall instead continue in full force and effect, to the extent permitted by law.
13.4. No Waiver
A party's forbearance or delay in exercising any right or remedy with respect to a Default by
another party under this Agreement shall not constitute a waiver of the Default at issue. Nor shall a
waiver by a party of any particular Default constitute a waiver of any other Default or any similar future
Default.
13.5. Assignment
This Agreement shall not be assigned, either in whole or in part, by the parties hereto. Any
attempt to assign this Agreement in violation of the preceding sentence shall be null and void and shall
constitute a Default under this Agreement.
13.6. Warranty of Authority
Each of the signatories hereto warrants and represents that he or she is competent and
authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign this
Agreement.
13.7. No Joint Venture
Nothing contained in this Agreement shall be construed as creating any type or manner of
partnership, joint venture or other joint enterprise between the parties.
AGREEMENT FOR LAKE MANAGEMENT pg. 7
AND WATER QUALITY SERVICES
13.8. No Third Party Beneficiaries
This Agreement is made and entered into for the sole benefit of the Cities and the County. No
third party shall be deemed to have any rights under this Agreement; there are no third party
beneficiaries to this Agreement.
13.9. Execution in Counterparts
This Agreement may be executed in two or more counterparts, each of which shall constitute
an original and all of which shall constitute one and the same agreement.
IN WITNESS WHEREOF, the Cities and the County have executed this Agreement as of the
date first above written.
CITY OF EDMONDS:
City of Edmonds, a Washington municipal
J
Name* OdQ!C.. L04w—V%�
T' es
Ap to Form:
flice of the City Attorney
A the ca
asse , City Clerk
SNOHOMISH COUNT
Snohomish County, a political subdivision of
the State of Washington
By
Name:
Title:
Approved as to Form:
Deputy Prosecuting Attorney
CITY OF MOUNTLAKE TERRACE:
City of Mountlake Terrace, a Washington
municipal corporation
By__________
Name:
Title: .
Approved as to Form:
City Attorney
AGREEMENT FOR LAKE MANAGEMENT pg. 8
AND WATER QUALITY SERVICES