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HomeMy WebLinkAbout07-035 - WRIA 9 Forum & King County - Provision of Salmon Habitat Plan Implementation Sevices Memorandum of Understanding Between WRIA 9 Forum and King County Department of Natural Resources and Parks for Provision of Salmon Habitat Plan Implementation Services January 23, 2007 WRIA 9 Forum Approved Scope of Work and Staffing for 2007 on May 24, 2006 WRIA 9 Forum Approved WRIA 9 Interlocal Agreement for 2007 -2015 on May 24, 2006 This memorandum of understanding (MOU) sets out the services to be furnished by the King County Department of Natural Resources and Parks, hereinafter referred to as the "Service Provider" or "KCDNRP," to the Water Resources Inventory Area (WRIA) 9 Forum, pursuant to an interlocal agreement under which participating municipalities in WRIA 9 have agreed to work together from 2007 through 2015 The services include an attached scope of work and staffing for 2007, dispute resolution procedures, and billing and payment procedures. 1 Scope of Work for the 2007 Interlocal Agreement The Service Provider will provide in 2007 services consistent with the scope of work described in Attachment A and staffing as described in Attachment B The 2007 scope of work and staffing were approved by the WRIA 9 Forum on May 24, 2006 Also on May 24, 2006, the WRIA 9 Forum agreed to an Interlocal agreement for the period 2007 through 2015 2. Revisions to the Scope of Work The WRIA 9 Steering and Management Committees, or the Service Provider, may present recommendations for changes or revisions to the scope of work during the course of the year Changes to the scope of work need to be approved by the WRIA 9 Forum, pursuant to the terms of the interlocal agreement, and will not increase the total budget for the year without approval by the WRIA 9 Forum according to the terms of the Interlocal agreement. The budget for 2007 may not be increased beyond what was agreed to in the interlocal agreement without identification of separate state, federal, or grant revenues to fund the change 3 Description of Staff and Nature of Employment Staff provided under this MOU shall be as described in Attachment B, as approved by the WRIA 9 Forum on May 24, 2006 Staff are employees of the Service Provider and all matters concerning payroll, benefits, safety, leave, or other incidents of employment are the responsibility of the Service Provider Memorandum of Understanding Between WRIA 9 Forum and King County DNRP 1/23/07 Page 1 4 Responsibilities of the Watershed Coordinator The Watershed Coordinator shall. a. Be responsible for the supervision of all Service Provider staff provided under the interlocal agreement in their performance of services under this MOU, b Be the primary point of contact between the Service Provider and the WRIA 9 Forum, its members, and its Management Committee, c. Work with the ATRIA 9 Management Committee, WRIA 9 Forum chair, or designee to schedule, plan, prepare materials for, and otherwise staff meetings of the WRIA 9 Forum, to be held within the watershed area, d. Work with the WRIA 9 Steering Committee, Steering Committee co- chairs, and other committees that may be authorized by the ATRIA 9 Forum, to schedule, plan, prepare materials for, and otherwise staff meetings of the WRIA 9 Steering Commmttee; e Report to the ATRIA 9 Management Committee, as directed by the ATRIA 9 Forum, f Coordinate with jurisdictions and others contributing technical work in support of Salmon Habitat Plan implementation, and g. Perform other duties as described in Attachments A and B 5. Dispute Resolution Procedures The Watershed Coordinator shall be responsible for mediating or otherwise resolving any issues or problems that apse between the WRIA 9 Forum or its participating municipalities or Steering Committee and staff provided under the interlocal agreement. If a dispute is not resolved, the Watershed Coordinator and one or more members of the Management Committee of the ATRIA 9 Forum should apply to the KCDNRP Water and Land Resources Division Manager for assistance or relief. Memorandum of Understanding Between WRIA 9 Forum and King County DNRP 1/23/07 Page 2 6. Billing and Payment Procedures The following protocols for billing and payment shall be followed. a. Participating municipalities shall notify the Service Provider, as fiscal agent for the WRIA 9 Forum, of the amounts approved by their legislative bodies by December 1 of the preceding year or as soon as possible thereafter; b Should some municipalities fail to approve their assessments and insufficient revenues be available to fulfill the approved scope of work, then the Service Provider shall consult with the Steering Committee and the Management Committee of the VIM 9 Forum as soon as practicable, for the purpose of recommending adjustments necessary to the approved work program to meet the revenues anticipated, c. The Service Provider as fiscal agent will provide participating municipalities with three invoices, each representing one -third (1/3) of the total of their respective portions of the approved annual budget. The first trimester will end April 30 and the first invoice will be sent approximately May 15 The second trimester will end August 31 and the second invoice will be sent approximately September 15 The third trimester will end December 31 and the final invoice will be sent approximately March 15 of the following year Invoices will be considered past due if not paid within 45 days of invoice date. The Service Provider will disclose past due invoices or accounts at any time to the WRIA 9 Forum or its Management Committee. Participating municipalities may make a single payment for their respective portion of the approved budget at the start of the year or upon receipt of their first invoice; d. By March 15 of the following year, the Service Provider as fiscal agent will provide participating municipalities itemized invoices reconciling the total annual expenditures for the previous year consistent with the approved budget with payments received from participating municipalities during the year, and providing credit where applicable; and e Participating municipalities wishing to inspect and review records maintained in connection with costs, billing, and payments for services provided under the interlocal agreement should contact the manager of the Finance and Administration Section of the Water and Land Resources Division of KCDNRP, who will make the records available in a timely manner at the offices of KCDNRP Memorandum of Understanding Between WRIA 9 Forum and King County DNRP 1/23/07 Page 3 7 Technical Data Release Each jurisdiction will control its technical data and may specify protocols for release of that data. Signed. For King County Department For WRIA 9 Forum. of Natural Resources and Parks L I V N V� Pam Bissonnette, Director Steven Mullet, Mayor of Tukwila, Chair Date: ��g /O Date Memorandum of Understanding Between WRIA 9 Forum and King County DNRP 1/23/07 Page 4 ATTACHMENT A WRIA 9 Scope of Work Proposed for the 2007 ILA Forum and Steerina Committee Coordination Schedule and staff WRIA 9 Forum and WRIA 9 Steering Committee meetings at key decision points in implementing and monitoring of the Salmon Habitat Plan and prepare the scope of work and budget for work to be cost shared after 2007, Participate in and coordinate with State and Puget Sound regional efforts, such as the Lead Entity Advisory Group the Puget Sound Nearshore Partnership, and regional or sub regional efforts, Schedule and staff WRIA 9 Management Committee meetings to oversee the 2007 scope of work, Provide information to jurisdictions, and Coordinate with city and county staff and elected officials WRIA 9 Plan Monitorina and Adaptive Manaaement Work with the WRIA 9 Steering Committee, including any subcommittees, to facilitate the implementation and monitoring of the WRIA 9 Salmon Habitat Plan, and Develop and implement adaptive management, and participate in regional or sub regional planning, implementation, monitoring, and financing efforts Capital Facilitv Coordination Coordinate cross jurisdictional implementation of projects identified as WRIA priorities (e g projects funded by the watershed allocation of King Conservation District funds, State Salmon Recovery Funding Board, and other funds); Help establish partnerships and seek funding for high priority capital projects, Develop and manage the long -term WRIA -wide capital facility plan and 3 -year habitat work schedule, Support the Steering Committee in developing, prioritizing, and presenting project recommendations to the State Salmon Recovery Funding Board for funding, and Coordinate regional aspects of the Green /Duwamish Ecosystem Restoration Project and the Puget Sound Nearshore Ecosystem Restoration Project. Public Outreach Coordinate a public outreach and involvement and marketing /communications strategy for the WRIA 9 plan implementation process Services include Create interpretive materials to help engage the public in the Habitat Plan implementation and monitoring process, Organize field trips and other informational opportunities for the Steering Committee, Forum and state and federal elected officials, Update and maintain the WRIA 9 website, and Coordinate with jurisdictions to implement education and stewardship programs recommended in the Habitat Plan Program Manaqement and Administration Conduct general administration work in support of ILA implementation Includes scope of work development and monitoring, budget development and tracking, regular reporting, billing, personnel, and supervision Short written progress reports will accompany the trimester billings to the parties Verbal progress reports will be made at WRIA 9 Steering Committee, Forum, and Management Committee meetings Memorandum of Understanding Between WRIA 9 Forum and King County DNRP 1/23/07 Page 5 ATTACHMENT B WRIA 9 Service Provider Staffing for 2007 Current Corresponding. Classification Position(s) in ILA Job Duties Project/Program WRIA/Watershed Coordinates overall WRIA implementation and Manager IV Coordination monitoring effort under the auspices of the WRIA 9 Forum Provides fund raising and lobbying efforts on behalf of the WRIA 9 Forum Works with Steering Committee to develop Salmon Habitat Plan amendments and associated WRIA implementation products including the annual prioritized project list for the State Salmon Recovery Funding Board Works with the WRIA 9 Forum and Steering Committee chairs to set agendas and convene WRIA 9 Forum meetings Develops proposed work program, staffing plan, budget, and schedule of deliverables for Management Committee review Supervises other staff on the WRIA 9 Service Provider Team Serves as primary point of contact on behalf of the Service Provider for WRIA 9 Forum, Management Committee, and Steering Committee Negotiates schedule of work and schedule of deliverables for technical work that contributes to the WRIA implementation and monitoring effort from King County and others Participates on and /or coordinates with regional and state committees regarding salmon recovery and funding Coordinates with WRIA 9 Forum member staff Project/Program Habitat Plan Coordinates watershed -wide monitoring and reporting Manager III Monitoring toward progress in salmon conservation and recovery in WRIA 9 Works with the Steering Committee and in coordination with other management and monitoring programs that extend beyond WRIA 9 Revises the Habitat Plan as recommended by the Watershed Forum Develops, deploys, coordinates, and manages the adaptive management and monitoring program, including the provisions of the Salmon Habitat Plan related to (1) assessment, (2) design, (3) implementation, (4) monitoring, (5) evaluation, and (6) adjustment. Prepares specific reports about key adaptive management and monitoring components Prepares planning documents and oversees plann Memorandum of Understanding Between WRIA 9 Forum and King County DNRP 1/23/07 Page 6 Current Corresponding Classification Position(s) in ILA Job Duties processes in response to adaptive management recommendations (Anticipated major planning needs at this time include development of water quantity and flows plan, determining the specific boundaries of areas of spawning structure in the Upper Watershed and the appurtenant regulations to protect and restore these areas, identifying the specific boundaries of the historical habitat patches for occupancy by Chinook below the dams on the mainstem Green River; developing specific protection mechanisms for Soos and Newaukum Creeks, and developing management blueprints for the Lower Green River and Duwamish transition zone (comparable to the blueprint prepared for the Middle Green) Coordinates implementation and augmentation of smaller basin plans within WRIA 9, such as the Miller and Walker Creeks Basin Plan Coordinates monitoring among agencies Assists with facilitation and support of WRIA 9 Forum, Management Committee, and Steering Committee Project/Program Capital Facility Coordinates cross jurisdictional implementation of Manager III Coordination projects identified as WRIA priorities (e g projects funded by the watershed allocation of King Conservation District funds, State Salmon Recovery Funding Board, and other funds). Helps to establish partnerships and seeks funding for high priority capital projects Develops and manages the long -term WRIA -wide capital facility plan and 3 -year habitat work schedule p Supports the Steering Committee in developing, prioritizing, and presenting project recommendations to the State Salmon Recovery Funding Board for funding Coordinates regional aspects of the Green Duwamish Ecosystem Restoration Project and the Puget Sound Nearshore Ecosystem Restoration Project. Project/Program Public Outreach Coordinates WRIA -level outreach activities Manager III Coordination Manages implementation of the WRIA outreach strategy in concert with outreach efforts by individual jurisdictions and community groups Develops and maintains the WRIA 9 website Provides communication services -among agencies, the public, and funders j Develops media news releases and communication tools Ensures community interests are integrated into all planning, adaptive management, funding, and other WRIA programs and products Coordinates visual communication products Develops and delivers presentations to multiple and diverse audiences Memorandum of Understanding Between WRIA 9 Forum and King County DNRP 1/23/07 Page 7