Interlocal Agreement with Snohomish County for Natural Yard CareINTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND
THE CITY OF EDMONDS FOR
NATURAL YARD CARE
From Execution to December 31, 2019
This Interlocal Agreement Between Snohomish County and the City of Edmonds for
Natural Yard Care (this "Agreement"), is made and entered into on this _ j 9 --day of�!
2018, by and between Snohomish County, a political subdivision of the State
of Washington (the "County"), and the City of Edmonds, a Washington municipal corporation (the
"City").
RECITALS
A. Snohomish County is a Permittee under the Phase I Municipal Stormwater 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. The City of Edmonds 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 City to
engage in public outreach and educational activities related to water pollution prevention strategies
and practices.
E. The City and the County were parties to a 2014-2015 Natural Yard Care Public
Outreach and Evaluation Program Interlocal Agreement which had as its objective to (i) improve
water quality within the region by educating the public regarding best management practices for
residential yard care (the "Educational Program"), and (ii) measure the understanding and adoption
of the targeted behaviors and evaluate the effectiveness of the respective Educational Program in
achieving desired behavior changes (the "Effectiveness Assessment").
F. The objectives of the 2018-2019 Natural Yard Care Program are to (i) improve water
quality within the region by educating the public regarding best management practices for
residential yard care, (ii) use the 2014-2015 Effectiveness Assessment recommendations to
implement an Enhanced Education Program that directs education and outreach resources most
effectively, and (iii) evaluate program enhancements and to measure the enhancements' ability to
achieve desired behavior change over the medium term.
INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND pg. I
CITY OF EDMONDS FOR NATURAL YARD CARE
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 County and the City agree as follows:
1. REQUIREMENTS OF INTERLOCAL COOPERATION ACT
A. This Agreement is authorized by and entered into pursuant to the Interlocal
Cooperation Act, chapter 39.34 RCW. The purpose and intent of this Agreement is for
the County and the City to work together efficiently and effectively to accomplish the
Project.
B. The parties agree that no separate legal or administrative entities are necessary to carry
out this Agreement.
C. Except as expressly provided to the contrary in this Agreement, any real or personal
property used or acquired by either party in connection with the performance of this
Agreement will remain the sole property of such party, and the other party shall have
no interest therein.
D. 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:
Count 's Initial Administrator: Cit 's Initial Administrator:
Gregg Farris, SWM Director Dave Earling, Mayor of Edmonds
Snohomish County Dept. of Public Works City of Edmonds
3000 Rockefeller Ave, M/S 607 121 Fifth Avenue North
Everett, WA 98201 Edmonds, WA 98020
e .farris f snoco.or r dave.earlinae edmondswaJy
Either party may change its Administrator at any time by delivering written notice of
such party's new Administrator to the other party.
2. DURATION OF AGREEMENT
A. The tern of this Agreement shall commence upon execution and extend until
December 31, 2019 (the "Term").
B. As provided by RCW 39.34.040, this Agreement shall not take effect unless and until
it has (i) been duly executed by both parties, and (ii) either filed with the County
Auditor or posted on the County's Interlocal Agreements website. Notwithstanding
the effective date of this Agreement, all activities described in Appendix A to this
rNTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND pg. 2
CITY OF EDMONDS FOR NATURAL YARD CARE
Agreement that are performed before agreement execution, shall be eligible for funding
under this Agreement.
C. Notwithstanding anything to the contrary contained elsewhere in this Agreement,
however, each party's obligations after December 31, 20I8, 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. COUNTY RESPONSIBILITIES
A. The County shall serve as the lead agency for the project for purposes of completion of
Scope of Work specified in Appendix A.
B. The County shall invoice the City $2,500 for services specified in Appendix A. The
County shall include with the invoice, documentation of all costs for labor, materials
and equipment associated with the work specified in Appendix A.
C. The County services provided under this Agreement shall be of good quality, consistent
with appropriate industry standards.
D. The County may, in its sole discretion, hire one or more contractors/consultants and/or
sub-contractors/sub-consultants to perform some or all of the services.
4. CITY RESPONSIBILITIES
A. The City shall make its personnel available to the County at reasonable times and upon
reasonable advance notice for purposes of facilitating the County's performance of the
services. The City personnel commitment and County's performance are specified in
Appendix A.
B. The City shall contribute $2,500 towards the cost of the project.
C. The City shall make payment on the invoice submitted by the County within thirty (30)
days following receipt by the City of said invoice.
5. HOLD HARMLESS
A. The County shall indemnify, defend and hold the City harmless from and against all
liabilities, suits, losses, costs, damages, claims, expenses, penalties or charges,
including, without limitation, reasonable attorneys' fees and disbursements, that the
City may incur or pay out by reason of: (i) any accidents, damages or injuries to persons
or property occurring in, on, about or around the City's Project Area due to or arising
out of the County's performance of services pursuant to this Agreement, but only to
the extent such accidents, damages or injuries are due to any negligent or wrongful act
or omission of the County; or (ii) any breach or Default (as such term is defined in
Section 8.A below) by the County under this Agreement.
INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND pg. 3
CITY OF EDMONDS FOR NATURAL YARD CARE
B. The City shall indemnify, defend and hold the County harmless from and against all
liabilities, suits, losses, costs, damages, claims, expenses, penalties or charges,
including, without limitation, reasonable attorneys' fees and disbursements, that the
County may incur or pay out by reason of. (i) any accidents, damages or injuries to
persons or property occurring in, on or around the City's Project Area during the term
of this Agreement, but only to the extent the same are caused by any negligent or
wrongful act of the City; or (ii) any breach or Default (as such term is defined in Section
&A below) of the City under this Agreement.
C. The provisions of this Section 5 shall survive the expiration or earlier termination of
this Agreement.
6. INSURANCE
Each party shall maintain its own insurance and/or self-insurance for its liabilities from
damage to property and/or injuries to persons arising out of its activities associated with
this Agreement as it deems reasonably appropriate and prudent. The maintenance, or lack
thereof, of insurance and/or self-insurance shall not limit the liability of the indemnifying
party to the indemnified party(s).
7. COMPLIANCE WITH LAWS
In the performance of its obligations under this Agreement, each party shall comply with
all applicable federal, state, and local laws, rules and regulations.
S. RIGHTS AND REMEDIES
A. If either the County or the City fails to perform any act or obligation required to be
performed by it hereunder, the other party 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.
B. In the event of a party's Default under this Agreement, then after giving notice and an
opportunity to cure pursuant to Section &A above, the non -Defaulting party shall have
the right to exercise any or all rights and remedies available to it in law or equity.
INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND pg. d
CITY OF EDMONDS FOR NATURAL YARD CARE
9. TERMINATION
A. Either party may terminate this Agreement upon thirty (30) days' prior written
notification to the other party. If this Agreement is so terminated, the parties shall be
liable only for performance rendered or costs incurred in accordance with the terms of
this Agreement prior to the effective date of termination.
B. In the event funding from state, federal, or other sources is withdrawn, reduced, or
limited in any way after the effective date of this Agreement and prior to normal
completion, either party may, without advance notice and without liability for damages,
terminate this Agreement by providing written notice to the other party. The
termination shall be effective on the date specified in the termination notice. The
obligation of the City to make final payment for work completed prior to termination,
as well as the costs of any and all non -cancelable obligations, shall survive the
termination of this Agreement.
10. NOTICES
All notices required to be given by any party to the other party under this Agreement shall
be in writing and shall be delivered either in person, by United States mail, or by electronic
mail (email) to the applicable Administrator or the Administrator's designee. Notice
delivered in person shall be deemed given when accepted by the recipient. Notice by
United States mail shall be deemed given as of the date the same is deposited in the United
States mail, postage prepaid, and addressed to the Administrator, or their designee, at the
addresses set forth in Section LD of this Agreement. Notice delivered by email shall be
deemed given as of the date and time received by the recipient.
11. ENTIRETY OF AGREEMENT
This Agreement constitutes the entire agreement between the parties 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 parties 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.
12. AGREEMENT ALTERATIONS AND AMENDMENTS
This Agreement may be altered or amended by mutual agreement of both parties. Such
alterations or amendments shall not be binding unless they are in writing and signed by
personnel authorized to bind each of the parties.
INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND pg. S
CITY OF EDMONDS FOR NATURAL YARD CARE
13. 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.
14. 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
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.
15. 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.
16. 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.
17. NO 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.
18. 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.
INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND pg. 6
CITY OF EDMONDS FOR NATURAL YARD CARE
19. 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.
20. NO THIRD PARTY BENEFICIARIES
This Agreement and each and every provision hereof are for the sole benefit of the City
and the County. No other persons or parties shall be deemed to have any rights in, under
or to this Agreement.
21. 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.
22. MISCELLANEOUS
A. No obligation in this Agreement shall limit the City in fulfilling its responsibilities
otherwise defined by law.
B. No obligation in this Agreement shall limit the County in fulfilling its responsibilities
otherwise defined by law.
IN WITNESS WHEREOF, the County and the City have executed this Agreement as
of the date first above written.
THE COUNTY:
Snohomish County, a political subdivision
of the State of Washington
BY-- —!f1 Y,—
Name:
Title: T>e-exrts n A-=
Approved as to Form:
#—
Deputy Prosecuting Attorney
THE CITY:
City of monds, a Washington municipal
corpora o
By
W-WIMWI
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AppiegtheCityAttornev---dlla�
orm:
Approved as to Insurance COUNCIL USE ONLY
Approved: __! ,U A'b
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INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND
CITY OF EDMONDS FOR NATURAL YARD CARE
pg. 7
APPENDIX A
SCOPE OF WORK
Natural Yard Care: Enhanced Outreach and Evaluation Program
The purpose of this Scope of Work is to partner with the City of Edmonds to conduct a Natural
Yard program that implements the recommended enhancements from the 2014-2015 Effectiveness
Assessment (the "Enhanced Education Program"), evaluates the enhancements and measures their
ability to effect behavior change over the medium term. The Enhanced Education Program will
include both classroom workshops and an outdoor demonstration event.
Program enhancements recommended in the 2014-2015 Effectiveness Assessment are designed to
provide hands-on, interactive learning to help increase participants' ability and confidence to apply
information that they learn. These include:
+ Hands-on, visual and interactive activities and displays. These will intend to engage
participants through applied and visual learning. The activity and/or display will focus on
a key desirable best practice related to each of the evening's topics covered during three
evening series. The best practices will focus on a simple -to -implement and inexpensive
practice proven to benefit garden health, lower maintenance, and protect water quality.
• Yard care outdoor demonstration event intended to promote adoption of best practices by
providing hands-on learning in an outdoor environment.
The target audience for this program is the same as that of the 2014-2015 program: residents of
single-family parcels less than an acre in size. The total of Edmonds' portion of invited households
to the workshop series will be at least 254. At lease these same 254 households will be invited to
the outdoor demonstration event.
Building on the 2014-2015 Effectiveness Assessment which showed statistically high adoption of
best practices over the medium -term, the 2018-2019 evaluation will focus on evaluating the
effectiveness of new elements (enhancements) and on measuring the ability of the program
enhancements to effect behavior change over the medium term, approximately 6- tol2-months
following the program.
Task 1— Series of Interactive Classroom Workshops
Objective: The County will provide project coordination to ensure effective communication and
logistical planning with all interested parties including the City, all participating cities,
WSU Snohomish County Extension Master Gardeners, workshop presenters, venues,
and evaluation consultants.
INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND pg, 8
CITY OF EDMONDS FOR NATURAL YARD CARE
Two series of interactive classroom workshops will be held: Fall 2018 and Spring 2019.
Each series will include topical workshops over three evenings. Edmonds households
will be invited to the Fall 2018 series scheduled to take place at Rosehill Community
Center in Mukilteo.
The County shall act as the project manager to: coordinate scheduling, assure quality
control, complete the required task in a timely manner by meeting all required
deadlines, procure presenters, conduct all marketing to residents, handle attendee
registration, and coordinate attendee evaluations. The County will oversee procurement
of venues for both workshop series.
The County will hold quarterly meetings with the City, submit quarterly progress, and
maintain project records.
The City will participate in planning meetings, provide at least one staff per evening
lecture, and assist with generation of mailing lists.
Deliverables: Progress reports
Task 2: — Yard Care - Outdoor Demonstration Event
Objective: The County will provide project coordination to ensure effective communication and
logistical planning with all interested parties including the City, all participating cities,
WSU Snohomish County Extension Master Gardeners, presenters and vendors, venue,
and evaluation consultants.
One Outdoor Garden Demonstration Event will be held in Spring 2019
The County shall act as the project manager to: coordinate scheduling, assure quality
control, complete the required task in a timely manner by meeting all required
deadlines, procure presenters and vendors, procure products as -needed, create and
distribute marketing to residents, handle attendee registration, and coordinate attendee
evaluations. The County will oversee procurement of the Rosehill Community Center,
or other appropriate venue, for the Spring 2019 Outdoor Demonstration Event.
The County will include planning during its quarterly meetings with the City, submit
quarterly progress reports, and maintain project records.
The City will participate in planning meetings, provide at least two staff for the Outdoor
Demonstration Event, and assist with distribution of marketing flyers.
Deliverables: Progress reports
INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND pg. 9
CITY OF EDMONDS FOR NATURAL YARD CARE
Task 3: — Evaluation
Objective: The evaluation intends to 1) discover which program enhancements that attendees value
most and gather the feedback they offer for future program consideration, and 2)
measure behavior change over the medium term of program enhancements to the 2014-
2015 program.
The County will provide project coordination to ensure effective communication and
logistical planning with all interested parties including the City, all participating cities,
and evaluation consultants.
The County shall act as the project manager to contract and coordinate with the
evaluation consultant, and to coordinate evaluation components, communications and
reporting.
The County will hold meetings at least quarterly with the City, submit quarterly
progress reports, and maintain project records.
Deliverables: Progress reports
INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND pg. to
CITY OF EDMONDS FOR NATURAL YARD CARE