HomeMy WebLinkAboutILA - Water & Stormwater Public Education Program 2023-2028MEMORANDUM OF AGREEMENT - Page 1
MEMORANDUM OF AGREEMENT BETWEEN CITIES OF
KENNEWICK, PASCO, RICHLAND, WEST RICHLAND AND FRANKLIN
CONSERVATION DISTRICT FOR PUBLIC EDUCATION PROGRAM SERVICES
THIS MEMORANDUM OF AGREEMENT (MOA) is made and entered into this ____ date of
____________, 2023 by and between the cities of Kennewick, Pasco, Richland, and West
Richland, Washington municipal corporations (hereinafter “Cities”) and the Franklin Conservation
District, a governmental subdivision of the state of Washington (hereinafter “District”).
I. RECITALS
WHEREAS, the Cities have public education and outreach responsibilities and conditions per both
Water Right Permit S4-309676 and the Eastern Washington Phase II NPDES Municipal
Stormwater Permit; and
WHEREAS, the District currently provides water conservation and stormwater education
programs to the school districts and general public; and
WHEREAS, since 2010, the District has provided public education and outreach activities to
support the Cities; and
WHEREAS, the Cities and the District are public agencies as defined in RCW 39.34.020(1), who
wish to enter into a Memorandum of Agreement; and
WHEREAS, the Cities desire to enter into a new memorandum of agreement with the District to
continue to support the Cities through public education and outreach activities for the Cities area.
NOW THEREFORE, in consideration of the conditions, covenants and agreements contained
herein, the parties agree as follows:
II. TERMS
1. PURPOSE. The purpose of this Agreement is to identify the roles and responsibilities of the
Cities and the District related to water conservation public education and outreach as required
by Water Right Permit S4-309676 and the Eastern Washington Phase II NPDES Municipal
Stormwater Permit
2. DUTIES. The District will offer the Drain Rangers stormwater curriculum (Grades 3-8) and
the Jr. Drain Rangers water conservation curriculum (Grades K-2) to classrooms in the Cities
to help fulfill the Cities’ shared Water Right requirements and Eastern Washington Phase II
NPDES Municipal Stormwater Permit requirements. All lessons are aligned with Next
Generation Science Standards and Common Core Standards in English/Language Arts.
3. DELIVERABLES. The District shall provide the following deliverables:
Drain Rangers Stormwater curriculum will be offered to teachers (Grades 3-8) in 3-hour
teacher workshop format. Four (4) no-cost workshops will be held each year, and the
DocuSign Envelope ID: 85FF760B-A382-4ED6-AAE1-CF5E8DF3D683
15th
August
MEMORANDUM OF AGREEMENT - Page 2
District will provide free clock hours, curriculum binders and dinner to participating
teachers.
The District will teach additional Drain Ranger lessons in participating teachers’
classrooms.
The District will offer ice cream party supplies to teachers who measure the performance
of the curriculum.
The District will offer Jr. Drain Ranger lessons to all K-2 classrooms in the Cities’ area,
with an estimate of 3,500 students being taught.
Water conservation and stormwater pollution materials will be provided for each Drain
Rangers and Jr. Drain Rangers lesson (shower timers/bookmarks).
Each of the Cities will be recognized as Drain Rangers and Jr. Drain Rangers sponsors on
all printed materials handed out to teachers, students and the public.
District will provide an annual report summarizing the number of teachers, students and
schools and lessons taught.
District will coordinate and staff a booth at the regional Home & Garden Show held at the
TRAC in Pasco each February, and the River Fest outreach event in Kennewick each
October.
Separate from the above base activities, the District will also purchase and distribute
educational materials and supplies for the booths.
4. COMPENSATION TO THE DISTRICT. The District will semi-annually bill the Cities
through the City of Kennewick in June and December of each year during the term of this
Agreement. The annual lump sum base activities amount due the District for the first year (July
1, 2023-June 30, 2024) will be $51,688.81 based on the detailed budget in attached Exhibit
A-2023). For each year thereafter during the term of this Agreement, the District will bill a
fixed 5% annual increase to this initial lump sum amount. The District will also semi-annually
bill the actual costs for educational materials and supplies purchased for the Home & Garden
Show and River Fest, which are estimated to be $10,000.00 per year. This estimate will also
increase at a fixed 5% annual increase per year.
5. CITIES COST SHARING. The Cities will divide and pay the lump sum base activities
compensation due to the District based on population per the July 1, 2022 US Census Bureau
population estimates. The proportionate share for each city is 34.64% for Kennewick, 32.42%
for Pasco, 25.67% for Richland, and 7.27% for West Richland. The estimated $10,000 in
annual educational materials and supplies will be divided equally among the Cities. The City
of Kennewick will invoice the other Cities based on the above proportions. Each of the Cities
will pay Kennewick within thirty (30) days of receipt of an invoice from Kennewick. The City
of Kennewick shall be responsible for full payment to the District.
6. TERM. The term of this Agreement is for five (5) years from July 1, 2023 through June 30,
2028 unless otherwise extended in writing by agreement of all parties.
7. ADMINISTRATION. This Agreement shall be administered by the City of Kennewick.
Modifications to this Agreement may be done by written consensus of the Cities’ respective
Public Works Directors and the District. All reimbursement to the District shall be
administered through the City of Kennewick.
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8. TERMINATION. This Agreement may be terminated by thirty (30) days written notice from
the party desiring to terminate the Agreement with the other parties.
9. NO SEPARATE LEGAL ENTITY. By this Agreement, the parties do not intend to form a
separate legal entity to conduct the cooperative undertaking or to own any real property.
10. VENUE, APPLICABLE LAW AND PERSONAL JURISDICTION. In the event that either
Party deems it necessary to initiate a legal action to enforce any right or obligation under this
Agreement, the Parties agree that any such action shall be initiated in the Superior Court of the
State of Washington situated in Benton County. The Parties agree that all questions shall be
resolved by application of Washington law, and that the Parties to such action shall have the
right of appeal from such decision of the Superior Court in accordance with the laws of the
State of Washington. Consultant hereby consents to the personal jurisdiction of the Superior
Court of the State of Washington situated in Benton County.
11. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the Parties hereto
and supersedes all previous understandings and agreements, written and oral, with respect to
this transaction. Neither Party shall be liable to the other for any representations made by any
person regarding the terms of this Agreement, except to the extent that the same are expressed
in this Agreement.
12. AUTHORITY TO EXECUTE. Each person executing this Agreement on behalf of another
person, corporation, partnership, company, or other organization or entity represents and
warrants that he or she is fully authorized to so execute and deliver this Agreement on behalf
of the entity or party for which he or she is signing. The Parties hereby warrant to each other
that each has full power and authority to enter into this Agreement and to undertake the actions
contemplated herein, and that this Agreement is enforceable in accordance with its terms.
13. COUNTERPART ORIGINALS. Execution of this Agreement and any amendment or other
document related to this Agreement may be by electronic signature and in any number of
counterpart originals, each of which shall be deemed to constitute an original agreement, and
all of which shall constitute one whole agreement.
14. FILING OF AGREEMENT. This Agreement shall be posted on at least one party’s website as
provided in RCW 39.34.040. Any party may choose to record this Agreement at its own
expense, but recordation is not required.
[Signature page to follow]
DocuSign Envelope ID: 85FF760B-A382-4ED6-AAE1-CF5E8DF3D683
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IN WITNESS WHEREOF the parties have executed this Agreement as of the day and year first
above written.
CITY OF KENNEWICK CITY OF PASCO
_____________________________ ________________________________
Marie E. Mosley, City Manager Adam R. Lincoln, City Manager
Attest: Attest:
_____________________________ ________________________________
Terri L. Wright, City Clerk Debra Barham, City Clerk
Approved as to Form: Approved as to Form:
_____________________________ ________________________________
Lisa Beaton, Kennewick City Attorney Eric Ferguson, Pasco City Attorney
CITY OF RICHLAND CITY OF WEST RICHLAND
_____________________________ ________________________________
Jon Amundson, City Manager Brent Gerry, Mayor
Attest: Attest:
_____________________________ ________________________________
Jennifer Rogers, City Clerk Stephanie Haug, City Clerk
Approved as to Form: Approved as to Form:
_____________________________ ________________________________
Heather Kintzley, Richland City Attorney Jessica Foltz, West Richland City Attorney
FRANKLIN CONSERVATION DISTRICT
_____________________________
Mark Nielson, District Manager
DocuSign Envelope ID: 85FF760B-A382-4ED6-AAE1-CF5E8DF3D683
Exhibit A – 2023 Water Conservation/Stormwater Education
Drain Rangers & Jr. Drain Rangers
Quad-Cities (Kennewick, Richland, Pasco, West Richland)
Eastern WA Phase II Stormwater Permit R equirements
Contacts:
City of Kennewick Franklin Conservation District
Martin Nelson Kara Kaelber
P.O. Box 1724 E Superior St.
Kennewick, WA 99336 Pasco, WA 99301
T. 509-585-4301 T. 509-416-0440 x 107
Proposed Work:
The Franklin Conservation District (FCD) will offer Drain Rangers and Jr. Drain Rangers water conservation
and stormwater runoff prevention lessons in classrooms in Kennewick, Richland, Pasco and West Richland
to help fulfill the Quad-Cities’ shared water right as well as the Cities Phase II Municipal Stormwater Permit
Requirements. All lessons are aligned with Next Generation Science Standards. The FCD will also assist in
outreach events designed to reach the general public in educating them about stormwater runoff pollution
prevention. Lesson and event materials and handouts will be available in English and Spanish.
Deliverables:
• Drain Rangers stormwater runoff pollution prevention curriculum will be offered to teachers grades 3-5
in a teacher workshop format either in-person or virtually. A minimum of three workshops will be
offered each year. Workshops will be offered at no cost to the teachers and will offer free clock hours.
FCD staff will strive to educate a minimum of 60 teachers each year.
• Drain Ranger lessons will be taught by FCD education staff in classrooms at the request of teachers who
have participated in the Drain Ranger workshops. FCD staff will strive to reach a minimum of 500
students each year with Drain Ranger lessons.
• Jr. Drain Rangers lessons will be offered to all teachers grades K-2 within the Quad-Cities area. FCD staff
will strive to meet the goal of educating 3,500 students each year with this program.
• Water conservation and stormwater runoff pollution prevention materials will be handed out to all
teachers, students, and the general public during all lessons and outreach events.
• The Cities of Kennewick, Richland, Pasco and West Richland will be recognized as Drain Ranger and Jr.
Drain Ranger sponsors on all printed materials handed out to teachers, students and the general public.
• The Cities of Kennewick, Richland, Pasco and West Richland will receive a full report no later than
December 31st and June 30th each year listing each school lessons were taught in as well as the number
of students, teachers and lessons taught.
• The FCD will coordinate and staff an educational booth at the Regional Home and Garden show in
February and RiverFest held at Columbia Park in October. Stormwater runoff pollution prevention
materials (dog waste bag holders) will be distributed to the general pubic and will be provided by the
Quad-Cities.
Cost:
The Franklin Conservation District will be paid bi-annually upon receipt of invoice in December and June.
(See detailed budget page 2).
Timeline:
Program work will begin July 1, 2023, and will conclude June 30, 2024, or unless otherwise terminated or
extended in writing by amendment of agreement by all parties.
DocuSign Envelope ID: 85FF760B-A382-4ED6-AAE1-CF5E8DF3D683
July 2023-June 2024
Quad-Cities Drain Ranger & Jr. Drain Ranger Budget
Salaries
Education Director (.1 FTE)
$11,163.36
Education Staff (.6 FTE)
$34,344.96
FCD Bookkeeper (3 hrs/mo)
$1,427.04
$46,935.36
Travel
Education Director $131.00
Education Staff $884.25
$1,015.25
Workshops
Binders $150.00
Print Cost $523.20
$673.20
Special Events
Home & Garden Show $825.00
Riverfest $25.00
$850.00
Classroom Supplies
Jr. DR supplies (magnets) $1,930.00
Print for lessons $135.00
Zoom $150.00
$2,215.00
PROGRAM TOTAL COST $51,688.81
Kennewick .3464 $17,905.00
Pasco .3242 $16,757.51
Richland .2567 $13,268.52
West Richland .0727 $ 3,757.78
Water Conservation/Stormwater Education Budget
DocuSign Envelope ID: 85FF760B-A382-4ED6-AAE1-CF5E8DF3D683