Snohomish County Interlocal Agreement for 2014-16 Natural Yard Care Public Outreach and Evaluation ProgramINTERLOCAL AGREEMENT FOR NATURAL YARD CARE PUBLIC OUTREACH
AND EVALUATION PROGRAM
This INTERLOCAL AGREEMENT FOR NATURAL YARD CARE PUBLIC
OUTREACH AND FeVALUATION PROGRAM (this "Agreement") is made and entered
into as of this Id day of , 2014, by and among
SNOHOMISH COUNTY, a pdYical subdivision of the State of Washington ("Snohomish
County"), the CITY OF ARLINGTON, a Washington municipal corporation ("Arlington"),
the CITY OF MARYSVILLE, a Washington municipal corporation ("Marysville"), the
CITY OF GRANITE FALLS, a Washington municipal corporation ("Granite Falls"), the
CITY OF MOUNTLAKE TERRACE, a Washington municipal corporation ("Mountlake
Terrace"), the CITY OF EVERE TT, a Washington municipal corporation ("Everett"), the
CITY OF MILL CREEK, a Washington municipal corporation ("Mill Creek"), the CITY OF
BOTHELL, a Washington municipal corporation ("Bothell"), the CITY OF MONROE, a
Washington municipal corporation ("Monroe"), the CITY OF SNOHOMISH, a
Washington municipal corporation ("Snohomish"), the CITY OF MUKILTEO, a
Washington municipal corporation ("Mukilteo"), the CITY OF EDMONDS, a Washington
municipal corporation ("Edmonds"), the CITY OF LYNNWOOD, a Washington municipal
corporation ("Lymiwood"), the CITY OF BRIER, a Washington municipal corporation
("Brier"), the CITY OF OLYMPIA, a Washington municipal corporation ("Olympia"% the
CITY OF TUMWATER, a Washington municipal corporation ("Tumwater"), and
THURSTON COUNTY, a political subdivision of the State of Washington ("Thurston
County," and, together with Arlington, Marysville, Granite Falls, Mountlake Terrace,
Everett, Mill Creek, Bothell, Monroe, Snohomish, Mukilteo, Edmonds, Lyrmwood, Brier,
Olympia and Tumwater, the "Participating Entities").
RECITALS
A. Snohomish County is a Perrnittee under the Phase I Municipal Stornnwater
Permit (the "Phase I Permit") issued by the Washington State Department of Ecology
("Ecology") pursuant to the National Pollutant Discharge Elimination System ("NPDES")
permitting program established under the federal Clean Water Act, 33 U.S.C. § 1251 et seq.
(the "CWA"), and Washington's Water Pollution Control Law, chapter 90.48 RCW (the
"WPCL").
B. Each of the Participating Entities is a Permittee under the Phase II Western
Washington Municipal Stormwater Permit (the "Phase II Permit") issued by Ecology
pursuant to the NPDES permitting program established under the CWA and the WPCL.
C. In this Agreement, the Phase I Permit and the Phase II Permit are together
referred to as the "NPDES Permits."
D. Among other things, the NPDES Permits require Snohomish County and the
Participating Entities to engage in public outreach and educational activities related to water
pollution prevention strategies and practices. N R!
INTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. I
PUBLIC OUTREACH AND EVALUATION PROGRAM 03/05 014.
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E. Snohomish County and Ecology have entered into that certain "2013-15
Biennial Municipal Stormwater Grants of Regional or Statewide Significance Funding
Agreement Between the State of Washington Department of Ecology and Snohomish
County", having an effective date of October 31, 2013, and an Ecology Grant Number of
G1400481 (the "Grant Document"). A true and correct copy of the Grant Document is
attached to this Agreement as Exhibit A.
F. Pursuant to the Grant Document, Ecology will provide Snohomish County
with grant funds in the amount of Two Hundred Fifty -Six Thousand Three -Hundred and
No/100 Dollars ($256,300.00) (the "Grant Funds") to enable Snohomish County and the
Participating Entities to implement certain public outreach and educational programs
regarding natural yard care best management practices, as more fully described in the Grant
Document (the "Natural Yard Care Public Outreach and Evaluation Program").
G. The objectives of the Natural Yard Care Public Outreach and Evaluation
Program are (i) to improve water quality within the region by educating the public regarding
best management practices for residential yard care (the "Educational Programs"), and (ii) to
measure the understanding and adoption of the targeted behaviors and evaluate the
effectiveness of the parties' respective Educational Programs in achieving desired behavior
changes (the "Effectiveness Assessment").
H. As more fully described in the Grant Document and in Section 4 of this
Agreement, Snohomish County and one group of the Participating Entities shall implement
one style of Educational Program (the "Classroom Lecture Educational Program" described
in Task 3 of the Grant Document), while a different group of the Participating Entities shall
implement a different style of Educational Program (the "Backyard Demonstration
Educational Program" described in Task 4 of the Grant Document).
I. As described in Task 2 of the Grant Document, Snohomish County shall
engage an evaluation consultant to perform an Effectiveness Assessment comparing the
efficacy of the two different styles of Educational Program. The parties anticipate that the
Effectiveness Assessment will involve four distinct phases, as more fully described in
Section 5 below. Phase 1 and Phase 2 of the Effectiveness Assessment will be performed
prior to, during and/or immediately at the conclusion of the Educational Programs. Phase 3
and Phase 4 of the Effectiveness Assessment will be performed approximately six (6) to eight
(8) months after the Educational Programs have concluded. Upon completion of the
Effectiveness Assessment, the data and final report shall be provided to all parties.
J. The Grant Funds shall be used to design and implement the Educational
Programs, as well as to fund Phase 1 and Phase 2 of the Effectiveness Assessment. While no
matching funds are required by the Grant Document, Snohomish County and the
Participating Entities are required by the Grant Document to fund 100% of Phase 3 and
Phase 4 of the Effectiveness Assessment (the "Post -Grant Contributions"). Phase 3 and
Phase 4 of the Effectiveness Assessment shall be paid for by Snohomish County and the
Participating Entities, according to their respective shares of said cost, as more fully
described in Section 5.3(b) below.
INTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 2
PUBLIC -OUTREACH AND EVALUATION PROGRAM 03/03/2014.
K. Olympia is participating in this Agreement under different financial terms
than are the other Participating Entities. While Olympia will use monies from the Grant
Funds to fund a specific portion of its Educational Program, Olympia will fund the majority
of its Educational Program as well as its Post -Grant Contribution with grant funds Olympia
has obtained separately from Ecology pursuant to the National Estuary Program, Grant
Agreement Number G1400448, having an effective date of December 16, 2013 (the "NEP
Grant").
L. Snohomish County and the Participating Entities now desire to enter into this
Agreement to implement and achieve the objectives of the Natural Yard Care Public
Outreach and Evaluation Program, and thereby fulfill a part of their respective obligations
under the NPDES Permits, all as more fully described by, and pursuant to the terms and
conditions contained 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, Snohomish County and the Participating Entities agree as follows:
1. REQUIREMENTS OF INTERLOCAL COOPERATION ACT
1.1 Purpose of Agreement
This Agreement is authorized by and entered into pursuant to the Interlocal
Cooperation Act, chapter 39.34 RCW, which allows local governments to cooperate with one
another to make more efficient and effective use of their resources. The purpose and intent
of this Agreement is for the parties to use the Grant Funds, Olympia's NEP Grant funds, and
the Post -Grant Contributions to implement and achieve the objectives of the Natural Yard
Care Public Outreach and Evaluation Program, and thereby fulfill a part of their respective
obligations under the NPDES Permits. The parties agree that no separate legal or
administrative entities are necessary to carry out this Agreement. Except as expressly
provided to the contrary in this Agreement, any real or personal property used or acquired by
any party in connection with the performance of this Agreement will remain the sole property
of such party, and none of the other parties shall have any interest therein.
1.2 Administrators
Each party to this Agreement shall designate an individual (an "Administrator"),
which may be designated by title or position, to oversee and administer such party's
participation in this Agreement. The parties' initial Administrators shall be the following
individuals:
INTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 3
PUBLIC OUTREACH AND EVALUATION PROGRAM 03/05/2014.
Snohomish County's Initial
Administrator:
ATTN: Suzi Wong Swint
Snohomish County
Department of Public Works
Surface Water Management Div.
3000 Rockefeller Avenue M/S 607
Everett, Washington 98201
Telephone: (425) 388-6476
Email: swswint@snoco.org
Ma sville's Initial Administrator:
ATTN: Kari Chennault
City of Marysville
80 Columbia Avenue
Marysville, WA 98270
Telephone: (360) 363-8277
Email: kchennault@marysvillewa.gov
Mountlake Terrace's Initial
Administrator:
ATTN: Mike Shaw
City of Mountlake Terrace
6100 219th Street SW, Suite 200
Mountlake Terrace, WA 98043
Telephone: (425) 670-8264
Email: mshaw@ci.mlt.wa.us
Mill Creek's Initial Administrator:
ATTN: Marci Chew
City of Mill Creek
15728 Main Street
Mill Creek, WA 98012
Telephone: (425) 921-5709
Email: marci@cityofmillcreek.com
Arlington's Initial Administrator:
ATTN: Bill Blake
City of Arlington
238 N Olympic Ave
Arlington, WA 98223
Telephone: (360) 403-3440
Email: bblake@arlingtonwa.gov
Granite Falls's Initial Administrator:
ATTN: Brent Kirk
City of Granite Falls
206 S Granite Avenue
PO Box 1440
Granite Falls, WA 98252
Telephone: (360) 691-6441
Email: brent.kirk@ci.granite-falls.wa.us
Everett's Initial Administrator:
ATTN: Apryl Hynes
City of Everett
3200 Cedar St
Everett, WA 98201
Telephone: (425) 257-8992
Email: ahynes@ci.everett.wa.us
Bothell's Initial Administrator:
ATTN: Janet Geer
City of Bothell
9654 NE 182nd St
Bothell, WA 98011
Telephone: (425) 486-3256 x 4416
Email: janet.geer@ci.bothell.wa.us
INTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 4
PUBLIC OUTREACH AND EVALUATION PROGRAM 03/05/2014.
Monroe's Initial Administrator
ATTN: Vince Bertrand
City of Monroe
806 W Main St
Monroe, WA 98272
Telephone: (360) 863-4552
Email: vbertrand@monroewa.gov
Mukilteo's Initial Administrator:
ATTN: Challis Stringer
City of Mukilteo
11930 Cyrus Way
Mukilteo, WA 98275
Telephone: (425) 263-8081
Email: challis.stringer@ci.mukilteo.wa.us
Lynnwood's Initial Administrator:
ATTN: Leah Grassl
City of Lynnwood
19100 44th Ave W
PO Box 5008
Lynnwood, WA 98046
Telephone: (425) 670-5217
Email: lgrassl@ci.lynnwood.wa.us
Olyrnpia's Initial Administrator:
ATTN: Patricia Pyle
City of Olympia
924 7th Ave SE, Suite A
PO Box 1967
Telephone: (360) 570-5841
Email: ppyle@ci.olympia.wa.us
Snohomish's Initial Administrator:
ATTN: Max Selin
City of Snohomish
116 Union Avenue
Snohomish, WA 98290
Telephone: (360) 568-3115 x 196
Email: selin@ci.snohomish.wa.us
Edmonds's Initial Administrator:
ATTN: Mike Cawrse
City of Edmonds
121 5th Ave N
Edmonds, WA 98020
Telephone: (425) 771-0220 x1322
Email: michael.cawrse@edmondswa.gov
Brier's Initial Administrator:
ATTN: Nicole Gaudette
City of Brier
2901 228th St SW
Brier, WA 98036
Telephone: (425) 775-5440
Email: ngaudette@ci.brier.wa.us
Tumwater's Initial Administrator:
ATTN: Debbie Smith
City of Tumwater
555 Israel Rd SW
Tumwater, WA 98501
Telephone: (360) 754-4140
Email: dmsmith@ci.tumwater.wa.us
INTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 5
PUBLIC OUTREACH AND EVALUATION PROGRAM 03/05/2014.
Thurston CoWgy_'s Initial Administrator:
ATTN: Chris Maun
Thurston County
929 Lakeridge Dr SW
Bldg. 4 — Rm. 1
Olympia, WA 98502
Telephone: (360) 754-3355 x 6377
Email: maunc@co.thurston.wa.us
Any party may change its Administrator at any time by delivering written notice of such
__9_ Administrator
_7_ _ .1 �1
party s new Administrator to fne other parties.
1.3 Condition Precedent to Effectiveness
As provided by RCW 39.34.040, this Agreement shall not take effect unless and until
it has been (i) duly executed by Snohomish County and those Participating Entities that elect
to participate in this Agreement pursuant to Section 11 below, and (ii) either filed with the
Snohomish County Auditor or posted on Snohomish County's Interlocal Agreements
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FJOEMETWIDW91
The parties intend that this Agreement shall have retroactive effect. The term of this
Agreement (the "Term"), shall be deemed to have commenced on January 1, 2014 (the
"Commencement Date"), and shall continue through February 29, 2016 (the "Expiration
Date"). Notwithstanding anything to the contrary contained elsewhere in this Agreement,
however, each party's obligations after December 31, 2014, are contingent upon local
legislative appropriation of the necessary funds for this specific purpose in accordance with
each respective entity's charter, codes, and applicable law.
3. COORDINATION OBLIGATIONS OF SNOHOMISH COUNTY
As required by Task 1 of the Grant Document, Snohomish County shall administer,
manage and coordinate all aspects of the Natural Yard Care Public Outreach and Evaluation
Program, including but not limited to performing the following types of activities:
(i) maintaining financial records for the Natural Yard Care Public Outreach and Evaluation
Program; (ii) submitting reimbursement requests to Ecology; (iii) submitting progress reports
to Ecology; (iv) distributing to the Participating Entities their respective shares of
reimbursement funds received from Ecology pursuant to the Grant Document; (v) using
good -faith efforts to establish and maintain open lines of communication with the
Participating Entities regarding the implementation of the Natural Yard Care Public Outreach
and Evaluation Program; and (vi) performing such other project management activities as
may be reasonably necessary or convenient to facilitate the success of the Natural Yard Care
Public Outreach and Evaluation Program and further the goals of the Grant Document.
INTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 6
PUBLIC OUTREACH AND EVALUATION PROGRAM 03/05/2014.
4. EDUCATIONAL PROGRAMS
4.1 General Provisions
Substantially in accordance with Tasks 3 and 4 of the Grant Document, Snohomish
County and the Participating Entities shall develop and implement their respective
Educational Programs, as described more fully in Sections 4.2 and 4.3 below. The parties
may, but need not, elect to collaborate and/or coordinate regarding various elements of their
respective Educational Programs. In order to be eligible for receipt of Grant Funds under this
Agreement, the Educational Programs shall, at a minimum, involve the work described in
Tasks 3 and 4 of the Grant Document, as applicable. As a part of the Educational Programs,
Olympia intends to create certain instructional videos that demonstrate the yard care BMPs at
issue (the "Instructional Videos"). Olympia shall make the Instructional Videos available for
use by all of the parties to this Agreement. The parties intend that the Instructional Videos
will be posted online where members of the public shall have free access to same. Olympia
shall be reimbursed from the Grant Funds for all eligible costs and expenses in connection
with creating the Instructional Videos, up to a maximum amount of Three Thousand Two
Hundred and No/100 Dollars ($3,200.00). Reimbursement from the Grant Funds shall be
handled pursuant to the procedures described in Section 4.4 below.
4.2 Task 3 - Classroom Lecture Educational Program
Snohomish County, Arlington, Marysville, Granite Falls, Everett, Mill Creek,
Bothell, Monroe, Snohomish, Mukilteo, Edmonds, Lynnwood, Brier and Mountlake Terrace
(together, the "Classroom Lecture Entities") shall develop and implement as their
Educational Programs the Classroom Lecture Educational Program described as Task 3 of
the Grant Document. The Classroom Lecture Entities shall collectively invite approximately
fifty-one thousand four hundred thirty (51,430) total households to participate in the
Classroom Lecture Educational Program. The distribution of the invitations among the
Classroom Lecture Entities shall be as described on Exhibit B to this Agreement. However,
if any one or more of the Classroom Lecture Entities listed on Exhibit B elects not to
participate in this Agreement pursuant to Section 11 below, then the number of household
invitations allocated to that jurisdiction by Exhibit B shall instead be allocated to
unincorporated Snohomish County.
While each of the Classroom Lecture Entities shall invite households from within its
respective jurisdictional boundaries to participate in the Classroom Lecture Educational
Program, the Classroom Lecture Entities intend for Snohomish County to perform the
principal work of designing and implementing the Classroom Lecture Educational Program.
Snohomish County shall be responsible for designing the curriculum, creating educational
materials, renting space, and incurring any and all other external costs and expenses
associated with developing and presenting the Classroom Lecture Educational Program to the
participating households. Snohomish County shall be reimbursed from the Grant Funds for
all eligible costs Snohomish County incurs in connection with the Classroom Lecture
Educational Program, up to a maximum reimbursement amount of Ninety Thousand and
No/100 Dollars ($90,000.00). The other Classroom Lecture Entities agree to reasonably
INTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 7
PUBLIC OUTREACH AND EVALUATION PROGRAM 03/05/2014.
cooperate and coordinate with Snohomish County in creating and implementing the
Classroom Lecture Educational Program, which cooperation may include the contribution of
minor amounts of in -kind resources such as staff time. Such in -kind resources shall not be
eligible for reimbursement, but shall instead be borne by the contributing entit(y/ies).
4.3 Task 4 - Backyard Demonstration Educational Program
Olympia, Tumwater and Thurston County (together, the "Backyard Demonstration
Entities") shall develop and implement as their Educational Programs the Backyard
Demonstration Educational Program described as Task 4 of the Grant Document. The
Backyard Demonstration Educational Program shall be presented to approximately Three
Hundred Ninety -Five ('195) households. The distribution of households among the Backyard
Demonstration Entities shall be as described on Exhibit C to this Agreement.
The Backyard Demonstration Entities shall divide the work of developing, creating
and presenting the Backyard Demonstration Educational Program among themselves as they
see fit. Except for the costs of creating the Instructional Videos described in Section 4.1
above, Olympia shall bear all of its own costs incurred in connection with the Backyard
Demonstration Educational Program, using funds from its NEP Grant. Tumwater shall be
relmhurSed from the Grant Funds fi-r all eligible nno4o 'h 1v'ater incurs m connecbon vv-
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the Backyard Demonstration Educational Program, up to a maximum reimbursement amount
of Eighteen Thousand Six Hundred Seventy -Eight and No/l00 Dollars ($18,678.00).
Thurston County shall be reimbursed from the Grant Funds for all eligible costs Thurston
County incurs in connection with the Backyard Demonstration Educational Program, up to a
maximum reimbursement amount of Fifty -Two Thousand Nine Hundred Twenty -Two and
No/100 Dollars ($52,922.00). Reimbursement from the Grant Funds shall be handled
pursuant to the procedures described in Section 4.4 below.
4.4 Reimbursement Procedures
Snohomish County shall be responsible for requesting from Ecology reimbursement
from the Grant Funds of all eligible costs associated with the Educational Programs. Each
party to this Agreement shall keep accurate records of the reimbursable costs it incurs (if
any) in developing and implementing its Educational Program. At least quarterly, but no
more frequently than monthly, during the Term, each of the Participating Entities shall
submit to Snohomish County a request for reimbursement for the reasonable costs it has
actually incurred in connection with its Educational Program during the preceding quarter or
calendar month, as applicable. Each such request shall be in a format acceptable to Ecology
and shall include adequate documentation of the expenses listed, as may be required by
Ecology and the Grant Document. Should Snohomish County request additional information
regarding any of the expenses listed, the Participating Entity shall promptly provide same.
Snohomish County shall submit requests for reimbursement to Ecology as and when
provided in the Grant Document. Once Snohomish County has received Grant Funds from
Ecology, Snohomish County shall promptly disburse same to the appropriate parties.
INTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 8
PUBLIC OUTREACH AND EVALUATION PROGRAM 03/05/2014.
5. EFFECTIVENESS ASSESSMENT
5.1 Performance of Effectiveness Assessment
Substantially in accordance with Task 2 of the Grant Document, Snohomish County
shall, by separate agreement, engage a qualified consultant (the "Consultant") to perform the
Effectiveness Assessment. As stated in Recital I, the parties anticipate there will be four
distinct phases of the Effectiveness Assessment. Phase 1 of the Effectiveness Assessment
shall occur prior to the Educational Programs and may involve gathering baseline data from
relevant reference groups and/or pre -workshop data from the persons who will participate in
the Educational Programs. Phase 2 of the Effectiveness Assessment will occur
contemporaneously with and/or immediately upon the conclusion of the Educational
Programs and may involve gathering data from the participants in the Educational Programs.
Phase 3 of the Effectiveness Assessment will occur approximately six (6) months after the
conclusion of the Educational Programs and may involve gathering baseline data from
relevant reference groups and/or post -workshop data from the persons who participated in the
Educational Programs. Phase 4 of the Effectiveness Assessment will occur as soon as all
relevant data has been collected and may involve performing empirical and/or statistical
analysis of said data and creating the final report. Each party to this Agreement agrees to
cooperate with the Consultant to provide all information and data reasonably requested by
the Consultant in connection with all phases of the Effectiveness Assessment. The parties
anticipate the Consultant will deliver the final Effectiveness Assessment to Snohomish
County within eight (8) months after the last Educational Program has concluded. Promptly
after receiving the Effectiveness Assessment, Snohomish County shall provide copies of
same to each of the Participating Entities.
5.2 Funding for Phase 1 and Phase 2 of the Effectiveness Assessment
The Consultant shall bill Snohomish County directly for performing Phase 1 and
Phase 2 of the Effectiveness Assessment, pursuant to Snohomish County's separate
agreement with the Consultant. Snohomish County shall pay the Consultant's invoices as
and when the same become due and owing. Snohomish County shall be reimbursed from the
Grant Funds for all eligible costs Snohomish County incurs in connection with Phase I and
Phase 2 of the Effectiveness Assessment, up to the maximum amount allowed by the Grant
Document. Should any party incur costs other than the Consultant fees in connection with
Phase 1 and Phase 2 of the Effectiveness Assessment, such party shall bear said costs itself.
5.3 Funding For Phase 3 and Phase 4 of the Effectiveness Assessment
No Grant Funds are available to fund any portion of the costs of Phase 3 or Phase 4 of
the Effectiveness Assessment. Instead, all costs of Phase 3 and Phase 4 of the Effectiveness
Assessment shall be paid for by Snohomish County and the Participating Entities according
to their respective shares of said costs, as described in this Section 5.3. The Consultant shall
bill Snohomish County directly for performing Phase 3 and Phase 4 of the Effectiveness
Assessment, pursuant to Snohomish County's separate agreement with the Consultant.
Snohomish County shall pay the Consultant's invoices as and when the same become due
INTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 9
PUBLIC OUTREACH AND EVALUATION PROGRAM 03/05/2014.
and owing. With respect to each invoice from the Consultant, Snohomish County shall
determine the share of the Consultant's invoice that is allocable to each Participating Entity
pursuant to the methodology described in sub -sections (a) and (b) below. Snohomish County
shall invoice each Participating Entity for the appropriate amount, which invoice shall
include adequate documentation of the expenses incurred. Within sixty (60) days of
receiving an invoice from Snohomish County pursuant to this Section 5.3, each Participating
Entity shall remit to Snohomish County the amount requested. Should any party incur costs
other than the Consultant fees in connection with Phase 3 and Phase 4 of the Effectiveness
Assessment, such party shall bear said costs itself.
(a) Amounts Allocable to Classroom Lecture Entities
The Classroom Lecture Entities shall be collectively responsible for forty-six and
twenty-two hundredths percent (46.22%) of the total costs of the Phase 3 and Phase 4 of the
Effectiveness Assessment, subject to a maximum total aggregated amount of Fifty Thousand
Twenty -Five and No/100 Dollars ($50,025.00). Each of the Classroom Lecture Entities shall
be responsible for its own proportionate share of such costs. Each party's proportionate
share shall be determined by multiplying the total costs at issue by a fraction, the numerator
of which is the number of households within that party's jurisdictional borders that were
ii'►vILCU Lo paiucipaU. iil uiF, �_,ia�Woom Lecture Educational Program, and the denominator of
which is equal to the total number of households invited to participate in the Classroom
Lecture Educational Program. For ease of reference, a chart showing each jurisdiction's
proportionate share and the maximum cost that could be allocated to each of the individual
Classroom Lecture Entities is set forth in Exhibit B to this Agreement.
(b) Amounts Allocable to Backyard Demonstration Entities
The Backyard Demonstration Entities shall be collectively responsible for fifty-three
and seventy-eight hundredths percent (53.78%) of the total costs of the Phase 3 and Phase 4
of the Effectiveness Assessment, subject to a maximum total aggregated amount of Fifty -
Eight Thousand Two Hundred and No/100 Dollars ($58,200.00). As among the Backyard
Demonstration Entities, the costs of Phase 3 and Phase 4 of the Effectiveness Assessment
shall be divided as described in this Section 5.3(b). Because Olympia's participation in this
Agreement is being funded by Olympia's NEP Grant, Olympia has agreed to bear seventy-
two and seventeen hundredths percent (72.17%) of the costs attributable to the Backyard
Demonstration Entities. The remaining twenty-seven and eighty-three hundredths percent
(27.83%) of the Phase 3 and Phase 4 Effectiveness Assessment costs that are allocable to the
Backyard Demonstration Entities shall be divided among the remaining Backyard
Demonstration Entities in the following proportions: (i) Tumwater shall be responsible for
seven and twenty-six hundredths percent (7.26%) of such costs; and (ii) Thurston County
shall be responsible for twenty and fifty-seven hundredths percent (20.57%) of such costs.
For ease of reference, a chart showing the Backyard Demonstration Entities respective shares
and maximum costs for the Phase 3 and Phase 4 Effectiveness Assessment is set forth in
Exhibit C to this Agreement.
INTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 10
PUBLIC OUTREACH AND EVALUATION PROGRAM 03/05/2014.
6. COVENANT TO COOPERATE
Snohomish County and each of the Participating Entities hereby covenants to the
other parties to this Agreement that it shall use good -faith efforts to cooperate with the other
parties in implementing the intent and furthering the goals of this Agreement.
7. COMPLIANCE WITH LAWS
The County and the Participating Entities 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.
8. INDEMNIFICATION
Each party to this Agreement shall indemnify, defend and hold every other party and
its 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 9.1 below) of the indemnifying party under this Agreement. The provisions of this
Section 8 shall survive the expiration or earlier termination of this Agreement.
9. DEFAULT AND REMEDIES
9.1 Default
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 and thereafter
diligently pursues cure to completion.
9.2 Remedies; Attorneys' Fees
In the event of a party's Default under this Agreement, then after giving notice and an
opportunity to cure pursuant to Section 9.1 above, 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. In any action between any of the parties hereto seeking the
enforcement of any of the terms or provisions of this Agreement, the prevailing party or
parties in such action shall be awarded, in addition to damages, injunctive or other relief,
their reasonable costs and expenses, including, without limitation, reasonable attorneys' fees.
INTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 11
PUBLIC OUTREACH AND EVALUATION PROGRAM 03/05/2014.
10. 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). All such communications shall be addressed to the
appropriate Administrator of this Agreement. 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 followinv the day_ such
notice is mailed if mailed in accordance with this Section.
11. PARTIES
The parties anticipate that certain Participating Entities listed in the preamble to this
Agreement may decide not to enter into this Agreement. In anticipation of that potential
eventuality, the parties agree that the parties to this Agreement shall be Snohomish County
and those Participating Entities that execute this Agreement before 5:00 P.M. on August 1,
2014. The failure of any Participating Entity named in the preamble to this Agreement to
execute this Agreement before 5:00 p.m. on August 1, 2014, shall have no effect on the
binding nature of this Agreement as among those parties who do execute this agreement
before 5:00 p.m. on August 1, 2014.
12. MISCELLANEOUS
12.1 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.
12.2 Governing Law and Venue
This Agreement shall be governed by and enforced in accordance with the laws of the
State of Washington. The venue of any action arising out of this Agreement shall be in the
Superior Court of the State of Washington, in and for Snohomish County.
12.3 Interpretation
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 either of
the parties hereto. The captions and headings in this Agreement are used only for
INTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 12
PUBLIC OUTREACH AND EVALUATION PROGRAM 03/05/2014.
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.
12.4 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.
12.5 No Waiver
A party's forbearance or delay in exercising any right or remedy with respect to a
Default by the other party under this Agreement shall not constitute a waiver of the Default at
issue. Nor shall a waiver by either party of any particular Default constitute a waiver of any
other Default or any similar future Default.
12.6 Assignment
This Agreement shall not be assigned, either in whole or in part, by either party
without the express written consent of the other party, which may be granted or withheld in
such party's sole discretion. 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.
12.7 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.
12.8 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.
12.9 Exhibits
The following Exhibits, which are attached to this Agreement, are incorporated herein
and by this reference made a part of this Agreement:
EXHIBIT A - Grant Document
EXHIBIT B Classroom Lecture Educational Program
EXHIBIT C - Backyard Demonstration Educational Program
INTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 13
PUBLIC OUTREACH AND EVALUATION PROGRAM 03/05/2014.
12.10 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.
[The remainder of this page is intentionally left blank.]
INTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 14
PUBLIC OUTREACH AND EVALUATION PROGRAM 03/05/2014.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the
date first above written.
SNOHOMISH COUNTY:
ARLINGTON:
Snohomish County, a political subdivision of The City of Arlington, a Washington
the State of Washington municipal corporation
By o �
Name:
Title:
Approved as to Form:
L2 of
Deputy Prosecuting A orney
MARYSVILLE:
The City of Marysville, a Washington
municipal corporation
By
Name:
Title:
Approved as to Form:
By
Name:
Title:
Approved as to Form:
City Attorney
GRANITE FALLS:
The City of Granite Falls, a Washington
municipal corporation
By
Name:
Title:
Approved as to Form:
City Attorney City Attorney
[Additional signatures on following page.]
COUNCIL USED LY
Approved: I
Docfile: �- —
1NTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 15
PUBLIC OUTREACH AND EVALUATION PROGRAM 03/05/2014.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the
date first above written.
SNOHOMISH COUNTY:
ARLINGTON:
Snohomish County, a political subdivision of The City of Arlington, a Washington
the State of Washington municipal corporation
By By _?111r
Name: Name: NAIZ —
Title: Title: 'iYlN`?CV--
Approved as to Form:
Deputy Prosecuting Attorney
MARYSVILLE:
The City of Marysville, a Washington
municipal corporation
By
Name:
Title:
Approved as to Form:
Approved as to Form:
City ttarn y
GRANITE FALLS:
The City of Granite Falls, a Washington
municipal corporation
By
Name:
Title:
Approved as to Form:
City Attorney City Attorney
[Additional signatures on following page.]
INTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 15
PUBLIC OUTREACH AND EVALUATION PROGRAM 03/05/2014
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the
date first above written.
SNOHOMISH COUNTY:
ARLINGTON:
Snohomish County, a political subdivision of The City of Arlington, a Washington
the State of Washington municipal corporation
By
Name:
Title:
Approved as to Form:
Deputy Prosecuting Attorney
MARYSVILLE:
The City of Marysville, a Washington
municipal corporation
By
Na e: a car
Title: -�, ;
By
Name:
Title:
Approved as to Form:
City Attorney
GRANITE FALLS:
The City of Granite Falls, a Washington
municipal corporation
By
Name:
Title:
Approved as to Form: Approved as to Form:
- O
-Q-wo
City Attorney City Attorney
[Additional signatures on folloi4)ing page.]
INTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 15
PUBLIC OUTREACH AND EVALUATION PROGRAM 03/05/2014.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the
date first above written.
SNOHOMISH COUNTY:
ARLINGTON:
Snohomish County, a political subdivision of The City of Arlington, a Washington
the State of Washington municipal corporation
By
Name:
Title:
Approved as to Form:
Deputy Prosecuting Attorney
MARYSVILLE:
The City of Marysville, a Washington
municipal corporation
By
Name:
Title:
Approved as to Form:
City Attorney
By
Name:
Title:
Approved as to Form:
City Attorney
GRANITE FALLS:
The City of Granite Falls, a Washington
municipal corporation
By -
Title: MC
qpprov,d as o Fo .
City Attorney
[Additional signatures on followingpage.]
INTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 15
PUBLIC OUTREACH AND EVALUATION PROGRAM 05/01/2014
MOUNTLAKE TERRACE:
The City of Mountlake Terrace, a
Washington municipal corporation
J ,
By /. ,
Name: Arlene Fisher
Title: City Manager
Approved as to Form:
City Attorney
MILL CREEK:
The City of Mill Creek, a Washington
municipal corporation
By
Name:
Title:
Approved as to Form:
EVERETT:
The City of Everett, a Washington
municipal corporation
By
Name:
Title:
Approved as to Form:
City Attorney
BOTHELL:
The City of Bothell, a Washington
municipal corporation
By
Name:
Title:
Approved as to Form:
City Attorney City Attorney
[Additional signatures on following page.]
INTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 16
PUBLIC OUTREACH AND EVALUATION PROGRAM 03/05/2014.
MOUNTLAKE TERRACE:
The City of Mountlake Terrace, a
Washington municipal corporation
By
Name:
Title:
EVERETT:
The City of Everett, a Washington
municipal corporation
Approved as to Form: Approved as to Form:
City Attorney City Attorney AMT
City cisrk
MILL CREEK:
The City of Mill Creek, a Washington
municipal corporation
By
Name:
Title:
Approved as to Form:
BOTHELL:
The City of Bothell, a Washington
municipal corporation
By
Name:
Title:
Approved as to Form:
City Attorney City Attorney
[Additional signatures on following page.]
INTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 16
PUBLIC OUTREACH AND EVALUATION PROGRAM 03/05/2014.
MOUNTLAKE TERRACE:
The City of Mountlake Terrace, a
Washington municipal corporation
By
Name:
Title:
Approved as to Form:
City Attorney
MILL CREEK:
The City of Mill Creek, a Washington
municipal corporation
Name: P tj%'vA W . Ntp%L, + ��
Title: m"hCtid It,
Approved as to Form:
City Attorney
EVERETT:
The City of Everett, a Washington
municipal corporation
By
Name:
Title:
Approved as to Form:
City Attorney
BOTHELL:
The City of Bothell, a Washington
municipal corporation
By
Name:
Title:
Approved as to Form:
City Attorney
[Additional signatures on following page.]
1NTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 16
PUBLIC OUTREACH AND EVALUATION PROGRAM 05/01/2014
MOUNTLAKE TERRACE:
The City of Mountlake Terrace, a
Washington municipal corporation
EVERETT:
The City of Everett, a Washington
municipal corporation
By
By
Name:
Name:
Title:
Title:
Approved as to Form: Approved as to Form:
City Attorney City Attorney
MILL CREEK:
The City of Mill Creek, a Washington
municipal corporation
By_
Name:
Title:
Approved as to Form:
City Attorney
BOTHELL:
The City of £
me: Ed
Title: t,,4w►� �/
Approved as to Form:
City Attorney��
[Additional signalures on following page.]
INTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 16
PUBLIC OUTREACH AND EVALUATION PROGRAM 03/05/2014.
MONROE:
The City of Monroe, a Washington
municipal corporation
Name t,►,-
Title: 01_t! .r 4z-'Ter_►r1'7
k
Approved as to Form:
C It y Attorney
MUKILTEO:
The City of Mukilteo, a Washington
municipal corporation
By
Name:
Title:
Approved as to Form:
SNOHOMISH:
The City of Snohomish, a Washington
municipal corporation
By
Name:
Title:
Approved as to Form:
City Attorney
EDMONDS:
The City of Edmonds, a Washington
municipal corporation
By
Name:
Title:
Approved as to Form:
City Attorney City Attorney
[Additional signatures on following page]
INTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 17
PUBLIC OUTREACH AND EVALUATION PROGRAM 05/01/2014
MONROE: SNOHOMISH:
The City of Monroe, a Washington The City of Snohomish, a Washington
municipal corporation municipal corporation
By By
Name: Name:
Title: Title:
Approved as to Form: Approved as to Form:
City Attorney (2ity Attorney
MUKILTEO: EDMONDS:
The City of Mukilteo, a Washington The City of Edmonds, a Washington
municipal corporation municipal corporation
By
Name:
Title:
Approved as to Form:
By
Name:
Title:
Approved as to Form:
City Attorney City Attorney
[Additional signatures on following page.]
INTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 17
PUBLIC OUTREACH AND EVALUATION PROGRAM 03/05/2014.
MONROE:
The City of Monroe, a Washington
municipal corporation
Bv
Name: _
Title:
Approved as to Form;
City Attorney
MUKILTEO:
The City of Mukilteo, a Washington
municipal corporation
By
N e:
Ti ee: m"oK
Approved as to Form:
CitYAttorney
SNOHOMISH:
The City of Snohomish, a Washington
municipal corporation
13y..
Name:
Title:..
Approved as to Form:
City Attorney
EDMONDS:
The City of Edmonds, a Washington
municipal corporation
By
Name:
Title:
Approved as to Form:
City Attorney
[Additional signatures on following page.]
INTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 17
PUBLIC OUTREACH AND EVALUATION PROGRAM 03/05/2014.
MONROE:
The City of Monroe, a Washington
municipal corporation
By
Name:
Title:
Approved as to Form:
City Attorney
MUKILTEO:
The City of Mukilteo, a Washington
municipal corporation
By
Name:
Title:
Approved as to Form:
City Attorney
SNOHOMISH:
The City of Snohomish, a Washington
municipal corporation
By
Name:
Title:
Approved as to Form:
City Attorney
EDMONDS:
The City of Edmonds, a Washington
municip corporation
By
Naive.
Title: Q -A
Approved as to Form:
ttorney
[Additional signatures on following page]
INTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 17
PUBLIC OUTREACH AND EVALUATION PROGRAM 03/05/2014.
LYNNWOOD:
The City of Lynnwood, a Washington
municipal corporation
By
�) Y�Y)-)- �—
Name: tii ca1 r- yki "1-
Title: ffl�Lr d -
Ap A, -oved as to Form:
City Attoin_ y
OLYMPIA:
The City of Olympia, a Washington
municipal corporation
By
Name:
Title:
Approved as to Form:
City Attorney
BRIER:
The City of Brier, a Washington
municipal corporation
By
Name:
Title:
Approved as to Form:
City Attorney
TUMWATER:
The City of Tumwater, a Washington
municipal corporation
By
Name:
Title:
Approved as to Form:
City Attorney
[Additional signatures on following page.]
INTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 18
PUBLIC OUTREACH AND EVALUATION PROGRAM 05/01/2014
LYNNWOOD:
The City of Lynnwood, a Washington
municipal corporation
By
Name:
Title:
Approved as to Form:
City Attorney
OLYMPIA:
The City of Olympia, a Washington
municipal corporation
13y
Name:
Title:
Approved as to Form:
City Attorney
BRIER:
The City of Brier, a Washington
municipal grporation
By-A�`
Name:
Title:
Appr as t tSrm:
City Attorney
r'.
TUMWATER:
The City of Tumwater, a Washington
municipal corporation
By
Name:
Title:
Approved as to Form:
City Attorney
[Additional signatures on following page.]
INTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 18
PUBLIC OUTREACH AND EVALUATION PROGRAM 03/05/2014.
LYNNWOOD:
The City of Lynnwood, a Washington
municipal corporation
By
Name:
Title:
Approved as to Form:
City Attorney
OL•YMPIA:
The City of Olympia, a Washington
municipal corporation
L
B
e - Oo,,-b
Title; vn (-
Approved as to Form:
City Attorney
Cig6q�)
BRIER:
The City of Brier, a Washington
municipal corporation
By
Name:
Title:
Approved as to Form:
City Attorney
TUMW ATER:
The City of Tumwater, a Washington
municipal corporation
By
Name:
Title:
Approved as to Form:
City Attorney
[Additional signatures on following page.]
INTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 18
PUBLIC OUTREACH AND EVALUATION PROGRAM 05/01/2014
LYNNWOOD:
The City of Lynnwood, a Washington
municipal corporation
By
Name:
Title:
Approved as to Form:
BRIER:
The City of Brier, a Washington
municipal corporation
By
Name:
Title:
Approved as to Form:
City Attorney
City Attorney
OLYMPIA:
TUMWATER:
The City of Olympia, a Washington
The City of Tumwater, a Washington
municipal corporation
municipal corporation
By
Name:
Name: P C r c k ry)E j
Title:
Title: m o
Approved as to Form:
Approved as to Form:
I
'� �A
City Attorney
pity Attor ey
[Additional signatures onfollowingpage.]
INTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 18
PUBLIC OUTREACH AND EVALUATION PROGRAM 03/12/2014
i
Interlocal Agreement for ly ural Lawn Care Public Outreach and Evaluation Program, is made and
entered into as of this ^ cf day of 4 % 1 2014 by and among Snohomish
County, a political subdivision of the State of Washin ton and Thurston County, a political subdivision of
the State of Washington.
APPROVED AS TO FORM:
Jon Tunheim
PROaECU-MG ATTORNEY
By:
Scott ClaN Direct
Dept. of Resource
EXHIBIT A
Grant Document
[See Attached.]
INTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 20
PUBLIC OUTREACH AND EVALUATION PROGRAM 03/05/2014.
MEMORANDUM
Date: July 17, 2014
To: City Clerk
From: Megan Luttrell
Subject: Interlocal Agreement for Natural Yard Care Public Outreach and Evaluation
Program
Hello!
I have attached a fully executed original of an Interlocal Agreement for assignment of a contract
number and for your files. If you could assign a project number and forward that to me I would
appreciate it.
• Snohomish County — ILA for Natural Yard Care Public Outreach and Evaluation Program
Please let me know if you have any questions.
Thank you!
City of Edmonds
Public Works Department
Engineering Division
EXHIBIT C
Backyard Demonstration Educational Program
Number of Participants at Workshops & Maximum 2015 Contributions
. .......................... .............
Number of
Percentage of
Maximum
Participants
Total
Phase 3 & 4
Contributions
Effectiveness
for Backyard
Assessment
Demonstration
Contribution
Entity
Ed Program
City of Tumwater 30
7.26%
$4,226.09
Thurston County 85
20.57%
$11,973.91
Total participating households (not
including Olympia) 115
Total maximum contribution to
Phase 3 & 4 Effectiveness Assessment
from Backyard Demonstration Entities
other than Olympia 27.831% $16,200
City of Olympia 280 72.17% $42,000
Total maximum contribution to
Phase 3 & 4 Effectiveness Assessment
from Backyard Demonstration Entities $58,200
INTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 23
PUBLIC OUTREACH AND EVALUATION PROGRAM 03/05/2014.
MEMORANDUM
Date: March 19, 2014
To: City Clerk
From: Megan Luttrell
Subject: Interlocal Agreement for Natural Yard Care Public Outreach and Evaluation
Program for Mayor's Signature
Hello!
I have attached three copies of an Interlocal Agreement for Natural Yard Care Public Outreach
and Evaluation Program for Mayor's signature. Sharon has reviewed the ILA and approves as to
form. Council approved the ILA for Mayor's signature at the March 18th Council Meeting.
Please return all three agreements to me so that I can forward them to the county for further
processing. I will forward you copy once I receive the fully executed ILA.
Please let me know if you have any questions.
Thank you!
City of Edmonds
Public Works Department
Engineering Division