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In Resolution FCZD 2009 -01.1, the Board of Supervisors included the projects <br />and activities described in Attachment A to this Agreement in an amendment to the <br />District's annual budget and work program for the year 2009. <br />The Board of Supervisors desires to have the City implement its approved <br />opportunity fund projects and activities for the years 2008 and 2009, as well as the <br />projects and activities that are approved for the City in subsequent District annual budgets <br />and work programs. The City desires to implement such projects and activities, and to <br />receive opportunity funds to finance in whole or in part such projects and activities. <br />The City and the District are authorized to enter into this Agreement pursuant to <br />Chapter 39.34 RCW (the Interlocal Cooperation Act), and agree as follows: <br />Article II. Definitions. <br />2.1 Eligibility Criteria. The term "Eligibility Criteria" means one of the two <br />following criteria that Projects shall meet to qualify for Opportunity Funds: <br />2.1.1. Under RCW 86.15.110, Opportunity Funds may be expended for <br />either flood control improvements or stormwater control improvements that are extended, <br />enlarged, acquired or constructed, provided that the City has developed a comprehensive <br />plan of development for flood control or for stormwater control, respectively, and the <br />improvement contributes to the objectives of the plan. For flood control improvements, <br />such plan shall be submitted to and approved by the Department of Ecology. In addition, <br />for newly constructed improvements, the City shall develop preliminary engineering <br />studies and plans, and such plans and studies shall be filed with the District's engineer. <br />For all projects, the City shall provide cost estimates and underlying data and shall <br />describe the benefit provided by the improvement. <br />-2- <br />