INTERLOCAL AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN KITSAP PUBLIC HEALTH DISTRICT AND THE KITSAP CONSERVATION DISTRICT I. PREAMBLE This Interlocal Agreement (hereinafter "AGREEMENT") is by and between Kitsap Public Health District (hereafter "PUBLIC HEALTH DISTRICT") whose principal offices are located at Norm Dicks Government Center, 345 6th Street - Suite 300,Bremerton, WA 98337-1866 and the Kitsap Conservation District (hereafter " DISTRICT") whose principal offices are located at 10332 Central Valley Rd, Poulsbo, WA 98370 II. RECITALS Recitals: 1. The Pierce County Public Works and Utilities Water Programs Division (hereafter "Pierce County") is an agency of county government formed pursuant to RCW Chapters 36.89, for the purpose of providing storm drainage and surface water management design, planning, construction, operation and maintenance (SWM). Pierce County has entered into an agreement with the DISTRICT to provide certain services as part of the SWM program; and 2. The DISTRICT is an entity of state government organized under Chapters 89.08 RCW. The District is agreeable to provide the services required by Pierce County; and 3. The PUBLIC HEALTH DISTRICT has the authority and expertise necessary to provide services for the DISTRICT outlined in Exhibit "A" Scope of Work.; and 4. The funds are to be used to support efforts that will reduce potential sources of pollution within the Burley Lagoon Watershed, in Kitsap County, Washington. NOW, THEREFORE, it is mutually agreed between the contracting parties that the DISTRICT hereby engages the PUBLIC HEALTH DISTRICT to act in support of this project as outlined in the Scope of Work, marked as Exhibit "A", attached hereto and incorporated by reference herein. The Interlocal Cooperation Act, R.C.W. 39.34, further authorizes the parties hereto to enter into this AGREEMENT. III. AGREEMENT 1. Purpose and Period of Performance The purpose of this AGREEMENT is to set forth how the PUBLIC HEALTH DISTRICT will assist the DISTRICT with agricultural pollution identification and correction activities in the Burley Lagoon watershed. Specific tasks are presented in Exhibit A, Scope of Work. The period of performance of this agreement shall commence on January 1, 2015, and be completed on December 15, 2015, unless terminated or modified as provided herein.
2. Scope of Work Services performed under this agreement are outlined in Exhibit A, Scope of Work. 3. PUBLIC HEALTH DISTRICT Representative Stuart Whitford Kitsap Public Health District Norm Dicks Government Center 345 6th Street Suite 300 Bremerton, WA 98337-1866 stuart.whitford(s)kitsappublichealth.org 4. DISTRICT Representative Joy Garitone, District Coordinator Kitsap Conservation District Mailing: P.O. Box 2472, Silverdale, WA 98383 Office Location: 10332 Central Valley Rd., Poulsbo, WA 98370 360-337-7171 Extension #13 iovs-garitone(5)conservewa.net 5. Reimbursement As shown in Exhibit A, the PUBLIC HEALTH DISTRICT'S total billing to the DISTRICT shall not exceed $10,000. The PUBLIC HEALTH DISTRICT will submit monthly invoices within 15 days of the end of each month for the preceding month's completed work. Invoices will itemize the tasks and work performed. The PUBLIC HEALTH DISTRICT shall maintain adequate records to support billings under this agreement. The DISTRICT shall reimburse the PUBLIC HEALTH DISTRICT invoices for actual eligible incurred costs with 30 days of receipt from the DISTRICT. Invoices not approved by the DISTRICT will be returned to the PUBLIC HEALTH DISTRICT. 6. Documentation of Costs and Maintenance Records The PUBLIC HEALTH DISTRICT shall maintain all books, documents, receipts, invoices and records including payroll records necessary to sufficiently and property reflect the expenditure of grant funds. The accounting records must provide of a separate recording and reporting of all receipts and expenditures related to this AGREEMENT. Financial records pertaining to matters authorized by this AGREEMENT are subject to inspection and audit by the representatives of the DISTRICT or PIERCE COUNTY or the State Auditor upon request. Financial records shall be preserved and made available to DISTRICT, PIERCE COUNTY or the Department of Ecology, or their agents for a period of (3) three years after the end of this AGREEMENT or, in the event of an audit; records shall be kept until the audit is completely resolved. 2
7. Assignment The PUBLIC HEALTH DISTRICT shall not assign any portion of the services provided within the terms of this AGREEMENT without obtaining prior written approval of DISTRICT and/or PIERCE COUNTY. All terms and conditions of the AGREEMENT shall apply to any approved assignment related to this AGREEMENT. 8. Nondiscrimination PUBLIC HEALTH DISTRICT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, creed, marital status, age, Vietnam era or disabled veteran status, or the presence of any sensory, mental, or physical handicaps which includes persons known to have HIV/AIDS virus. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensations, and selection for training, including apprenticeship. The PUBLIC HEALTH DISTRICT agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the Department of Social and Health Services setting forth the provision of the Equal Opportunity Clause. The PUBLIC HEALTH DISTRICT will, in all solicitations or advertisements for employees placed by or on behalf of the PUBLIC HEALTH DISTRICT, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, creed, marital status, age, Vietnam era or disabled veteran status, or the presence of any sensory, mental, or physical handicap which includes persons known to have HIV/AIDS virus. 9. Compliance with Laws The PUBLIC HEALTH DISTRICT shall comply with all federal, state, and local laws, statues, ordinances, rules, and regulations applicable to the performance of the AGREEMENT and agrees to comply with all the provisions of the Americans with Disabilities Act and all regulations interpreting or enforcing such act. 10. Hold Harmless and Indemnification 10.1 The DISTRICT shall not be liable under any contracts or obligations of the PUBLIC HEALTH DISTRICT, except as otherwise provided pursuant to this Agreement, or for any act or omission of the PUBLIC HEALTH DISTRICT or its officers or agents, and the PUBLIC HEALTH DISTRICT agrees to defend, indemnify, and hold harmless the DISTRICT from any and all losses, damages, costs and expenses (including reasonable attorney's fees) that are caused by or arise out of any omission, fault, negligence or other misconduct by the PUBLIC HEALTH DISTRICT, its employees, independent contractors or volunteers in connection with this agreement. 10.2 The PUBLIC HEALTH DISTRICT shall not be liable under any contracts or obligations of the DISTRICT, except as otherwise provided pursuant to the Agreement, or for any act or omission of the DISTRICT or its officers, employees or agents, and the DISTRICT 3
16. Modification No change, addition or erasure of any portion of this AGREEMENT shall be valid or binding upon either party. There shall be no modification of this AGREEMENT, except in writing, executed with the same formalities as this present instrument. 17. Venue and Choice of Law Any action at law, suit in equity, or other judicial proceeding for the enforcement of this AGREEMENT or any provision thereof shall be instituted only in the court of the State of Washington, COUNTY of Kitsap. It is mutually understood and agreed that this Agreement shall be governed by the laws of the State of Washington, both as to interpretation and performance. 18. Integration Clause This instrument embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligation other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between parties. -7TW Dated this day ^, 2015 Dated this day 2015 KITSAP CONSERVATION DISTRICT Board of Supervisors ATTEST: Dated this day 2015 5
EXHIBIT "A" Scope of Work Task 1 Agricultural Pollution Identification and Correction OBJECTIVE: PUBLIC HEALTH DISTRICT will investigate priority farms in the Key Peninsula-Gig Harbor-Islands Watershed in cooperation with the DISTRICT. Solid waste violations will be corrected pursuant to state and local solid waste regulations. The PUBLIC HEALTH DISTRICT to perform the following subtasks in cooperation with the DISTRICT: 1. Conduct priority farm site visits to confirm the presence of animals and animal wastes. 2. Investigate priority farms to determine whether animal waste is polluting surface waters. 3. Correct animal waste violations voluntarily through referral to Kitsap Conservation District. If this is not possible, correct animal waste violations through Kitsap County Board of Health Ordinance 2010-1 Solid Waste Regulations, Effective July 6, 2010. 4. Prepare and submit quarterly progress reports on January 10, April 10, and July 10, 2015. 5. Prepare and submit final report by October 31, 2015. Assumptions: 1. DISTRICT will cooperate with PUBLIC HEALTH DISTRICT to provide these services. 2. Farm prioritization will be based on Kitsap Conservation District's newest inventory of Burley Lagoon and the prioritization methodology used in that inventory including updates. Task 1 - Agricultural Pollution $10,000 Identification and Correction 6