Snohomish Conservation District Interlocal Agreement for Joint Cooperative ServicesNo.
(City Clerk Use Only)
CONTRACT ROUTING FORM
Z Originator: Rob English Routed by: Megan Luttrell
O; Department/Division: Engineering - Public Works Date: 01/08/2015
IL
Name of Consultant/Contractor: Snohomish Conservation District
wW CONTRACT TITLE:
ILA between Edmonds & SCD for Joint or Cooperative Services
Type of Contract: (GR) Grants
FV(] (1) Intergovernmental Agreement
Z
❑ (S) Purchase of Services
(W) Public Works
W
11'-
Z
Bid/RFP Number:
VEffective
Date:
Completion Date:
0Has
the original City contract boilerplate language been
modified? OYes No
V
If yes, specify which sections have been modified:
pDescription
C)
of Services:
Total Amount of Contract:
Budget # Amount:
Budget # Amount:
W
0
Q Budget # Amount:
V
ZAre there sufficient funds in the current budget to cover this contract? Yes ®No
Z I Remarks
Authorization Level: Council
W
D1. Project Manager
E'- 2. Risk Management/Budget
Z J 3. City Attorney
0 4. Consultant/Contractor
V J 5.Other
✓❑ 6. City Council Approval
Date (if applicable)
7. Mayor
8. City Clerk
(L) Lease Agreement
(0) Other
12/01 /2015
INTERLOCAL AGREEMENT
BETWEEN
CITY OF EDMONDS
AND
SNOHOMISH CONSERVATION DISTRICT
FOR JOINT OR COOPERATIVE SERVICES
January 1, 2016 through December 31, 2020
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 of Edmonds 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, the District's boundaries include all of the City of Edmonds; and
WHEREAS, for over 70 years the District has assisted landowners and local
governments 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 of Edmonds financial resources; and
WHEREAS, the District has outlined long term goals and objectives in its Long -
Range Plan; and
INTERLOCAL AGREEMENT BETWEEN
CITY OF EDMONDS, WASHINGTON,
AND SNOHOMISH CONSERVATION DISTRICT
January 1, 2016 - December 31, 2020
Pagel of 8
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WHEREAS, the City of Edmonds shares responsibility for conserving and
managing the City of Edmonds's natural resources; and
WHEREAS, the District and City of Edmonds 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 of Edmonds'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 of Edmonds to obtain grant funding and support the County and
the City of Edmonds in addressing requirements of the National Pollutant 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 of Edmonds 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 of Edmonds 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 VI and VII.
II. DURATION OF AGREEMENT
A. This Agreement shall commence on the date of January 1, 2016 and terminate
December 31, 2020, unless otherwise modified or terminated in accordance with the
terms of this Agreement.
B. The activities described in the yearly Appendices that are performed after the
execution date of this Agreement, shall be eligible for funding under this Agreement.
1NTERLOCAL AGREEMENT BETWEEN
CITY OF EDMONDS, WASHINGTON,
AND SNOHOMISH CONSERVATION DISTRICT
January 1, 2016 - December 31, 2020
Page 2of8
III. FUNDING
Funds for the resource management and conservation programs provided for in this
Agreement shall be defined within the annual Scope of Work and Budget negotiated
between the City of Edmonds and the District.
IV. RESPONSIBILITIES OF THE DISTRICT
A. Scope of Work
This Agreement shall be implemented through a scope of work. The City of
Edmonds and the 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 funds from the City of
Edmonds and the District. The first annual scope of work and budget is set out in
Appendix 1-2016, attached hereto and incorporated herein by this reference, which shall
take effect on the date of execution of this Agreement. Subsequent annual scope of work
and budget will be attached to this Agreement labeled as Appendix 1-2017 (or
subsequent year).
B. Future Scope of Work
On or before December 1 of each year, the District will submit to the City of
Edmonds, 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 from the City of Edmonds in the succeeding year. The scope of work will be
coordinated with City of Edmonds conservation programs and activities. The District
shall actively involve constituents and partners in the development of the proposed scope
of work.
C. Program Reporting
With each quarterly invoice, the District shall prepare and submit to the City of
Edmonds a quarterly report which shall summarize the work performed and expenditures
incurred during the preceding months for funding provided by the City of Edmonds and
evaluate the performance and results of the work performed. The reports shall also
include, but not be limited to, the following:
INTERLOCAL AGREEMENT BETWEEN
CITY OF EDMONDS, WASHINGTON,
AND SNOHOMISH CONSERVATION DISTRICT
January 1, 2016 - December 31, 2020
Page 3 of 8
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 them.
V. RESPONSIBILITIES OF THE CITY OF EDMONDS
A. Cooperation with the District
The City of Edmonds shall assist the District in a timely manner in the preparation,
review, modification, and implementation of the scope of work, including
accommodation of sensitive District timelines and assistance in identifying and making
plan modifications that are reasonably consistent with the mission and goals of the
District.
B. Payment of Billing Requests
The City of Edmonds shall provide payment within 30 days of an approved billing
request 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 of Edmonds and
the District and supersedes all proposals, oral and written, and all other communication
between the parties in relation to the subject matter of this Agreement. No other
agreement exists between the City of Edmonds and the District with regards to the instant
subject matter except as expressly set forth in this instrument. 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
1NTERLOCAL AGREEMENT BETWEEN
CITY OF EDMONDS, WASHINGTON,
AND SNOHOMISH CONSERVATION DISTRICT
January 1, 2016 - December 31, 2020
Page 4 of 8
matters authorized by this Agreement are subject to inspection and audit by
representatives of the City of Edmonds or the State Auditor upon request.
VIII. AMENDMENTS AND MODIFICATIONS OF PROGRAM
EXPENDITURES
A. Changes in Approved Projects or Program Activities
The City of Edmonds, through the mayor or mayor's designee, must approve the
removal, modification, or addition of work identified in the annual scope of work.
B. Delays
Spending for some projects or program activities may be delayed because of
extended timeframes 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
of Edmonds.
IX. 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 of
Edmonds by delivery to the Public Works Director, 121 5ch Ave. N, 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 — 915t Ave. NE. Lake Stevens, WA 98258.
INTERLOCAL AGREEMENT BETWEEN
CITY OF EDMONDS, WASHINGTON,
AND SNOHOMISH CONSERVATION DISTRICT
January 1, 2016 - December 31, 2020
Page 5 of 8
B. Compliance with Laws
The District and the City of Edmonds 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 of Edmonds agree to comply with all the
provisions of the Americans with Disabilities Act and all regulations interpreting or
enforcing such acts.
C. Indemnification
The District and the City of Edmonds agree to protect, defend and hold harmless
each other, 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 actions, errors or omissions of the other
party, its officials, employees and agents in performing this Agreement except for those
arising out of the sole negligence of the other party.
D. Non -assignment
The District shall not subcontract, assign or delegate any of the rights, duties or
obligations covered by this Agreement without prior express written approval by the City
of Edmonds.
E. Independent 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 of Edmonds. The parties
agree that the District is not entitled to any benefits or rights enjoyed by employees of the
City of Edmonds. 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 of Edmonds shall only have the right to ensure performance.
F. Interlocal Cooperation Act
The parties agree that no separate legal or administrative entities are necessary in
order to carry out this Agreement. If determined by a court to be necessary for purposes
of the Interlocal Cooperation Act, Ch. 39.34 RCW, an administrator or joint board
responsible for administering the Agreement will be established by mutual agreement.
INTERLOCAL AGREEMENT BETWEEN
CITY OF EDMONDS, WASHINGTON,
AND SNOHOMISH CONSERVATION DISTRICT
January 1, 2016 - December 31, 2020
Page 6 of 8
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 joint venture between the parties
is created by this Agreement.
XI. TERMINATION
A. The City of Edmonds reserves the right to terminate or suspend this Agreement
at any time, with or without cause, upon seven (7) days prior written notice.
B. In the event this Agreement is terminated or suspended, the District shall be
entitled to payment for all services performed and reimbursable expenses incurred to the
date of termination.
C. This Agreement may be canceled immediately if the District is unable to perform
the services called for by this Agreement.
D. The District reserves the right to terminate this Agreement with not less than
fourteen (14) days written notice, or in the event that outstanding services are not paid
within thirty (30) days.
E. These provisions shall not prevent the City of Edmonds from seeking any legal
remedies it may otherwise have for the violation or nonperformance of any provisions of
this Agreement.
XII. MISCELLANEOUS
A. No obligation in this Agreement shall limit the District or the City of Edmonds
in fulfilling its responsibilities otherwise defined by law.
B. The City of Edmonds shall cause this Agreement to be recorded with the
Snohomish County Auditor.
INTERLOCAL AGREEMENT BETWEEN
CITY OF EDMONDS, WASHINGTON,
AND SNOHOMISH CONSERVATION DISTRICT
January 1, 2016 - December 31, 2020
Page 7 of 8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
latest date written below.
SNOHOMISH CONSERVATION DISTRICT
Accepted and exepxted this day of L 11,2015
By. - fY a
Mark Craven, Chair
Snohomish Conservation District
City of Edmonds
ceptE a exe utert( 1 day of 28e^'
By: [c
Davi O. Ear ing, Mayor n�
ATTEST/AUTHENTICATE:
By:
Scott ey, City Clerk
APP VED AS TO FORM:
Office of the City Attorney
INTERLOCAL AGREEMENT BETWEEN
CITY OF EDMONDS, WASHINGTON,
AND SNOHOMISH CONSERVATION DISTRICT
January 1, 2016 - December 31, 2020
Page 8 of 8
Appendix 1- 2016
Task Description Estimated Cost SCD City's Cost
Contributions
. ........ ..... - -.. _.... ... ..... ._..._-..
Project Administration: Assist with reporting, billing, and
Administration $474 $119 $356
general project management.
Youth Ed Provide stormwater education classes to Edmonds School $500
District, with SCD or SWM paying 25%, Edmonds 75%.
$500
Final designs 6 rain gardens with homeowner participation -
including engineered designs, plant palettes and
$8,000
maintenance plans (with WSU Extension).
Rain Garden
EarthCorp Crew installation (*not including: excavation for
Cluster
all (hand dig some), disposal of excavated soil, overflow
$11,000
$5,375
$16,125
connection, planting).
Coordinate a community planting event and rain garden tour
$2,500
(with WSU Extension).
Overhead
15% charged on top of staff time
$3,371
$3,371
Event Costs
Promotional material, refreshments, mist. materials
$1,500
$375
$1,125
Bioretention soil, mulch, riprap, piping
$2,476
$619
$1,857
Rain Garden
Materials (for 6
zone 1 plants
$1,000
$250
$750
rain gardens)
Interpretive signs for 6 rain gardens
$2,400
$600
$1,800
Travel
Mileage for planning and coordination meetings and
$378
$95
$284
workshops
„ Total Estimated Costs
$33,599
$7,432
$26,167