HomeMy WebLinkAboutReg 2015-07-06 Item 5D - Interlocal Agreement - Green River, Duwamish, and Central Puget Sound WatershedsCOUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
07/06/15
Prepared by
LH
Mayor's review
Council review
/4
ORMATION
ITEM No.
5D
STAFF SPONSOR: DENNIS ROBERTSON
ORIGINAL AGENDA DATE: 07/06/15
AGENDA ITEM TITLE Interlocal Agreement for Green River, Duwamish River, and Central Puget Sound
Watersheds of Water Resource Inventory Area 9 (WRIA 9)
CATEGORY ❑ Discussion
Mtg Date
Motion
Date 7/6/15
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
►1
Mtg
❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&'R ❑ Police ❑ PW
SPONSOR Council
SPONSOR'S Authorize Mayor to sign Interlocal Agreeement for Green River, Duwamish River, and
SUMMARY Central Puget Sound Watersheds of Water Resource Inventory Area 9 (WRIA 9)
REVIEWED BY
❑ COW Mtg.
❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte
Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
COMMTT"I'EE CHAIR: ROBERTSON
■ Utilities
DATE: 6/23/15
RECOMMENDATIONS:
SPONSOR /ADMIN.
COMMITTEE
Council member Robertson
Unanimous approval; forward to July 6, 2015 Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$N /A $N /A $N /A
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
7/06/15
MTG. DATE
ATTACHMENTS
7/06/15
Informational Memo dated June 19, 2015
Memo from Doug Osterman, WRIA 9 Watershed Coordinator dated May 28, 2015
Draft Interlocal Agreement
WRIA 9 Watershed Planning Capital Improvement Program Page
Minutes from the June 23, 2015 Utilities Committee Meeting
5-
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City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Utilities Committee
FROM: Laurel Humphrey, Council Analyst
DATE: June 19, 2015
SUBJECT: Interlocal Agreement for Green River, Duwamish River, and Central Puget
Sound Watersheds of Water Resource Inventory Area 9 (WRIA 9)
ISSUE
The current WRIA 9 Interlocal Agreement expires on December 31, 2015.
BACKGROUND
Since 2001, jurisdictions with a major interest in the Green River, Duwamish River, and Central
Puget Sound Watersheds within Water Resource Inventory Area 9 (WRIA 9) have participated
in an ILA that provides a structure for collectively protecting and restoring the ecological health
of these rivers and watersheds. Councilmember Robertson represents Tukwila on the WRIA 9
Watershed Ecosystem Forum in the capacity of 2015 Chair. He also serves on that body's
Management Committee.
DISCUSSION
On April 20, 2015, WRIA 9 Watershed Coordinator Doug Osterman provided the City Council
with an update on salmon recovery progress and an overview of WRIA 9 as context for
forthcoming review of the updated ILA for 2016 -2025.
The proposed ILA was unanimously approved by the WRIA 9 Watershed Ecosystem Forum
(WEF) at its May 14, 2015 meeting. The agreement provides a mechanism for the joint funding,
development, review, and approval of the WRIA 9 Salmon Habitat Plan, Making our Watershed
Fit for a King. This plan lists projects, programs and policies for meeting the requirements of the
Federal Endangered Species Act and for recovery of the threatened Green River Chinook
salmon population.
Algona, Auburn, Black Diamond, Burien, Covington, Des Moines, Enumclaw, Federal Way,
Kent, Maple Valley, Normandy Park, Renton, SeaTac, Seattle, Tacoma, Tukwila, and King
County are the parties to this ILA. Continued partnership among these entities is crucial to
continue the important work of salmon habitat planning.
FINANCIAL IMPACT
A copy of the proposed budget for 2016 is attached, reflecting that Tukwila's share is calculated
at $12,448.
RECOMMENDATION
The Committee is asked to consider this agreement and forward it to the July 13, 2015
Committee of the Whole.
Attachment: Memo from Doug Osterman, WRIA 9 Coordinator, dated May 28, 2015
Draft ILA
Z:\Laurel\WRIA9memo.docx
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MEMORANDUM
May 28, 2015
TO: WRIA 9 Watershed Ecosystem Forum
FR: Doug Osterman, WRIA 9 Watershed Coordinator
RE: Transmittal of the WRIA 9 Interlocal Agreement (ILA) for City and County Approvals —
Watershed-focused salmon habitat planning and implementation in the Green /Duwamish
and Central Puget Sound Watershed (WRIA 9)
At its meeting on May 14, the WRIA 9 Watershed Ecosystem Forum (WEF) unanimously approved a final
WRIA 9 ILA for 2016 – 2025 for consideration of each WRIA 9 city and county. The current WRIA 9 ILA
expires on December 31, 2015. I have visited the City and County Councils over the past several months
to announce that the current WRIA 9 ILA expires soon, and that cities and the county would be asked to
approve an ILA for WRIA 9 for an additional 10 years.
Beginning in 2001, 17 local governments in WRIA 9 entered into the current WRIA 9 ILA regarding
Chinook salmon habitat planning and establishing a forum of local governments as the responsible
entity responsible for executing the ILA. This agreement has provided a mechanism and governance
structure for the joint funding, development, review, and approval of the WRIA 9 Salmon Habitat Plan,
Making Our Watershed Fit for a King (Salmon Habitat Plan). The Salmon Habitat Plan is the blueprint
for meeting the requirements of the federal Endangered Species Act and recovering the Threatened
Green River Chinook salmon population.
As documented in the WRIA 9 Implementation Progress Report (March 2015), the success of the
regional planning and implementation construct established by the WRIA 9 ILA is evident in the $137
million in capital funding obtained to implement the Salmon Habitat Plan. From the beaches of Vashon
and Maury Islands to the headwaters of the Green River high in the Cascade Mountains, the 10 -year
achievements of WRIA 9 are exemplary—made possible by the consistent, focused, and undaunted
leadership of the cities and the county in which the water of WRIA 9 flows.
A lot of hard work lies ahead. The need for the partnership among the cities and the county
continues. The Salmon Habitat Plan has many more high priority capital projects and programs that
need to implemented to recover the threatened salmon and trout species to population goals, from
setting back levees and sound floodplain management to increasing the habitat for fish in the Duwamish
estuary and the shores of Puget Sound. As WRIA 9 has demonstrated through its leadership,
investments in ecosystem health to benefit fish also yields significant benefits for people, including in
the dollar value of associated ecological services such as clean water, flood protection, and recreational
opportunities.
To continue the partnership, a new ILA for 2016 – 2025 is offered for your consideration. The WEF
recommends and urges each city and King County approve it by July 31, 2015 to enable smooth
transition from the current ILA by the end of this year. The attached WEF- recommended ILA has been
reviewed and informed by several ILA Parties over the course of its development, including by the WRIA
9 Management Committee and WEF, and the King County Prosecuting Attorney provided legal review.
56
The ILA includes an individual signature page for each jurisdiction and the 2016 WRIA 9 cost share table
(Exhibit A). Once your city has approved the ILA, please print out and sign your signature page, and
return it to me at the address below.
Please contact me with questions. I'm looking forward to continuing serving the WRIA 9 cities and the
county in Making Our Watershed Fit for a King.
Doug Osterman, AICP
Watershed Coordinator
Green /Duwamish & Central Puget Sound Watershed (WRIA 9)
201 South Jackson Street, Suite 600
Seattle, WA 98104 -3855
Doug.Osterman@kingcounty.gov
New! 206 - 477 -4793
Making Our Watershed Fit for a King
57
58
INTERLOCAL AGREEMENT
For the Green River, Duwamish River, and Central Puget Sound Watersheds
within the geographic planning area of Water Resource Inventory Area 9 (which
includes portions of Water Resource Inventory Areas 8, 10, and 15)
PREAMBLE
THIS AGREEMENT ( "Agreement ") is entered into pursuant to Chapter 39.34 RCW by
and among the eligible county and city governments signing this Agreement that are located in
King County or Pierce County, lying wholly or partially within or having a major interest in the
Green River, Duwamish River, and Central Puget Sound Watersheds and within the planning and
management area of Watershed Resource Inventory Area 9, which includes portions of WRIA 8,
10, and 15, ( "WRIA 9 ") all political subdivisions of the State of Washington (individually, for those
signing this agreement, "Party ", and collectively "Parties ");
WHEREAS, the planning and management area of WRIA 9 includes all of the area
recognized by the State of Washington as WRIA 9 and portions of WRIA 8, 10, and 15;
WHEREAS, the Parties share interests„,in and respons bil for addressing long -term
Ate
watershed planning and conservation of the at latic ecosystems and floodplains of the Green
River, Duwamish River, and Central Puget Sound Watersheds and wish to collectively provide for
planning, funding and implementation of vari,ousactivitiies ' nd projects therein; and
Nik
WHEREAS, the Parties have participated in and I nterlocal Agreement for the years 2001 -
2005 to develop "Making Our Watershed Fit`„f._pr a King" as approved in 2005 and since amended
( "Salmon Habitat Plan) ,,contributed'to the federally- approved Puget Sound Salmon Recovery
Plan, and desire to continue 'providing efficient participation in the implementation of such plans;
and
WHERE S, the Pastes tobk formal action in 2005 and 2006 to ratify the Salmon Habitat
Plan, and
WHEREAS, the Parties have participated in an extension of the 2001 -2005 Interlocal
Agreement and an Interlocal Agreement for the years 2007 -2015 in implementing the Salmon
Habitat Plan; and
WHEREAS, the Parties have demonstrated in the Salmon Habitat Plan that watershed
ecosystem services are worth billions of dollars of value to local people in terms of stormwater
management, pollution treatment, recreational value, and other expensive and difficult to replace
services; and
WHEREAS, the Parties seek information on watershed conditions and salmon
conservation and recovery needs to inform local decision- making bodies regarding actions in
response to listings under the Endangered Species Act ( "ESA "); and
WHEREAS, the Parties have prioritized and contributed resources and funds for
implementing projects and programs to protect and restore habitat; and
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WHEREAS, the Parties wish to monitor and evaluate implementation of the Salmon
Habitat Plan through adaptive management; and
WHEREAS, the Parties wish to continue to use adaptive management for identifying,
coordinating and implementing basin plans and water quality, flood hazard reduction, water
quantity, and habitat projects in the watersheds; and
WHEREAS, the Parties have a strong interest in participating on the Puget Sound
Salmon Recovery Council because of the contributions of the Green River, Duwamish River, and
Central Puget Sound Watersheds to the overall health of Puget Sound; and
WHEREAS, the Parties have a strong interest in participating on the Washington Salmon
Coalition and other groups associated with the Salmon Recovery Funding Board to collectively
seek funding to implement the Salmon Habitat Plan; and
WHEREAS, the Parties have a strong interest to implerr'ent the Puget Sound Partnership
Action Agenda to restore the Puget Sound to health and sustain that health by 2020; and
WHEREAS, the Parties have a strong interestw In participating on the Puget Sound
Salmon Recovery Council and other entities assoc ted with Pug f
a Sound salmon recovery and
• <Fa Ivs
Puget Sound South Central Action Area Caucus ;Group to"rcollectively seek funding to implement
the Salmon Habitat Plan; and
WHEREAS, the Parties have a49-on interestto achieve multiple benefits by integrating
salmon recovery planning and actions; and,,
WHEREAS, the Parties trecogn hat identification of watershed issues, and
implementation of salmon conservation and recovery actions may be carried out more efficiently if
done cooperatively than if carried oa; separately and independently; and
WHEREAS,,,,ipdayidual Parties are taking separate and independent actions to improve
the health of the:.,Green River, Duwamish River, and the Central Puget Sound Watersheds and
the overall health of Puget Soti {yid
NOW, THEIEFOREtiie Parties hereto do mutually covenant and agree as follows:
MUTUAL CONVENANTS AND AGREEMENTS
1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the meaning
provided for below:
1.1 ELIGIBLE COUNTY AND CITY GOVERNMENTS: The local governments eligible for
participation in this Agreement as parties are King County, and the Cities of Algona,
Auburn, Black Diamond, Burien, Covington, Des Moines, Enumclaw, Federal Way, Kent,
Maple Valley, Normandy Park, Renton, SeaTac, Seattle, Tacoma, Tukwila, and any
newly incorporated city that lies fully or partially within the boundaries of WRIA 9.
1.2 WRIA 9 ILA PARTIES: The Parties to the WRIA 9 Interlocal Agreement are the
Parties who sign this Agreement and are the Parties responsible for implementing this
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Agreement. The Parties to this ILA shall each designate a representative and alternate
representative to the WRIA 9 Watershed Ecosystem Forum.
1.3 WRIA 9 WATERSHED ECOSYSTEM FORUM: The WRIA 9 Watershed Ecosystem
Forum referred to herein is the cooperative body comprised of the designated
representatives of the WRIA 9 ILA Parties and a balance of Stakeholder
representatives and any other persons who are deemed by the Parties to this Agreement
to be appropriate members for the implementation of the Salmon Habitat Plan. The
WRIA 9 Watershed Ecosystem Forum shall be an advisory body responsible for
making recommendations for implementing the Salmon Habitat Plan including
substantive plan amendments recommended as a result of adaptive management or
other changed conditions.
1.4 GREEN /DUWAMISH AND CENTRAL PUGET SOUND WATERSHED WATER
RESOURCE INVENTORY AREA 9 SALMON HABITAT PLAN: The Green /Duwamish
and Central Puget Sound Watershed Water `Resoulce Inventory Area 9 Salmon
Habitat Plan (2005 Salmon Habitat Plan or Salmon Habitat Plan) is the plan
developed by the WRIA 9 Watershed .Ecosystem Forum` 'and ratified by all of the
parties to an interlocal agreement for its development and implementation. The Salmon
Habitat Plan recommends actioAs).,that should be taken to protect and restore salmon
habitat, using an ecosystem appropch, in thenGreen /Duwamish and Central Puget Sound
Watersheds. The Salmon,Habitat Plan may be amended from time to time according to
the procedure in Sletion -67,1hereiriind approved amendments shall be considered
integral parts of the Salmon► °Habitat Plan. Efforts under the Salmon Habitat Plan are
intended to:,rcomplement habitat improvements in other parts of Puget Sound and
hatcher and harvest
y actions to recover Puget Sound Chinook salmon, steelhead, and
bull trout and when`kimplemented achieve multiple ecosystem benefits. The Salmon
Habitat Plan constitutes a chapter of the Puget Sound Salmon Recovery Plan.
1.5 MANAGEMENT, COMMITTEE: The Management Committee as referred to herein
consists of seven (7) elected officials or their designees. The seven officials of the
Management Committee are chosen by the WRIA 9 ILA Parties, according to the
voting procedures in Section 5 herein, charged with certain oversight and administrative
duties on the WRIA 9 ILA Parties' behalf.
1.6 SERVICE PROVIDER: The Service Provider, as used herein, means that agency,
government, consultant, or other entity which supplies staffing or other resources to and
for the WRIA 9 ILA Parties, in exchange for payment. The Service Provider may be a
Party to this Agreement.
1.7 FISCAL AGENT: The Fiscal Agent refers to that agency or government which performs
all accounting services for the WRIA 9 ILA Parties as it may require, in accordance with
the requirements of Chapter 39.34 RCW.
ILA WRIA9 2016- 2025_05- 14- 2015.docx Page 3
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1.8 STAKEHOLDERS: Stakeholders refers to those public and private entities within WRIA
9 who reflect the diverse interests integral to implementing the Salmon Habitat Plan,
and may include but is not limited to environmental and business interests.
2. PURPOSES. The purposes of this Agreement include the following:
2.1 To provide a mechanism to protect and restore the ecological health of the
Green /Duwamish Rivers and Central Puget Sound Watersheds.
2.2 To provide a mechanism, through an annually agreed upon work plan, for implementing
and .coordinating local efforts to address issues with watershed -wide or basin
implications, including but not limited to flood hazard reduction, floodplain management,
surface and groundwater quality, water quantity, and habitat.
2.3 To provide information for WRIA 9 ILA Parties to inform land use planning, regulations,
environmental programs, education, and enforcement opapplicable codes.
2.4 To provide a mechanism and governance and funding structures for jointly implementing
the Salmon Habitat Plan.
2.5 To develop and take actions on key issue s, during the implementation of the Salmon
Habitat Plan.
2.6 To provide a mechanism for cooperative =reviow and implementation of recommended
policies and regulations needed''forr,.esponsetolistings under the Endangered Species
Act.
2.7 To provide a venue for the ongoing participation of citizens and other stakeholders in
salmon recovery and,zother watershed efforts and to ensure continued public outreach
efforts to educate -and gamer support for current and future watershed and Endangered
Species Act, listed species response efforts by local governments and in accordance with
the Salmon HabitatPlan
2.8 To provide a mechanism for securing technical assistance and any available funding from
federal, state, and other sources to implement the Salmon Habitat Plan.
2.9 To provide a mechanism for implementing other multiple benefit habitat, surface and
groundwater quality, water quantity, floodplain management, and flood hazard reduction
projects with other local, regional, tribal, state, federal and non - profit funds as may be
contributed to or secured by the WRIA 9 ILA Parties and Watershed Ecosystem
Forum.
2.10 To annually recommend WRIA 9 administrative support, projects, and programs for
funding by the King County Flood Control District through the District's Cooperative
Watershed Management grant program.
2.11 To annually recommend projects for implementation of planning, engineering, permitting
and construction tasks for the Green /Duwamish Ecosystem Restoration Project in
partnership with the U.S. Army Corps of Engineers.
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2.12 To provide a framework for cooperating and coordinating among the Parties on issues
relating to WRIA 9 to meet the requirement of a commitment by any Party to participate in
WRIA 9 planning and implementation, to prepare or implement a basin plan, or to
respond to any state or federal law which may require these actions as a condition of any
funding, permitting or other program of state or federal agencies. Participation is at the
discretion of such Party to this Agreement.
2.13 To provide a mechanism to approve and support, through resources and funding from
grant sources or other means, implementation of restoration and protection projects and
programs.
2.14 To provide a mechanism for on -going monitoring and adaptive management of the
Salmon Habitat Plan as defined in the Plan and agreed to by the WRIA 9 ILA Parties
and Watershed Ecosystem Forum.
It is not the purpose or intent of this Agreement to create.; supplant, preempt or supersede the
authority or role of any jurisdiction, governmental entity °or waterquality policy bodies including
the Regional Water Quality Committee.
3. EFFECTIVE DATE AND TERM. This Agreemen fishall become effective upon its execution by at
least five (5) of the eligible local governments 'i VW n WRIA 9 representing at least seventy
percent (70 %) of the affected population4Witthm the geographic area of WRIA 9, as authorized by
the legislative body of each local government Wt;fufrther�iprovided that after such signatures this
Agreement has been filed by King Countyki"n� accordance with the terms of RCW 39.34.040 and
.200. Once effective, this Agrreementt shall remain in effect for an initial term of ten (10) years;
provided, however, that thisrAgreerraer t4Tay,be extended for such additional terms as the Parties
may agree to in writin,gxwith such extension being effective upon its execution by at least five (5)
of the eligible local governments within WRIA 9 representing at least seventy percent (70%) of
the affected population withirthe geographic area of WRIA 9, as authorized by the legislative
body of each localkgovernment, and further provided that after such signatures this Agreement
has been filed by King''County in accordance with the terms of RCW 39.34.040 and .200. Such
extension shall bind only those Parties executing the extension.
4. ORGANIZATION AND MEMBERSHIP. The Parties to this Agreement serve as the formal
governance structure for carrying out the purposes of this Agreement.
4.1 Each Party to this Agreement except Tacoma shall appoint one (1) elected official to
serve as its primary representative, and one (1) alternate representative to serve on the
WRIA 9 Watershed Ecosystem Forum. The alternate representative may be a different
elected official or senior staff person. Tacoma's representative shall be the Tacoma
Water Superintendent or designee, which designee shall be a senior staff position.
4.2 Upon the effective execution of this Agreement and the appointment of representatives to
the WRIA 9 Watershed Ecosystem Forum, the appointed representatives of the WRIA
9 ILA Parties shall meet and choose from among its members, according to the
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63
provisions of Section 5 herein, seven (7) officials or their designees, to serve as a
Management Committee to oversee and direct the scope of work, funds, and personnel
agreed to and contributed under this Agreement, in accordance with the adopted annual
budget and work program and such other directions as may be provided by the WRIA 9
ILA Parties. Representatives of the Fiscal Agent and Service Provider may serve as
non - voting ex officio members of the Management Committee. The Management
Committee shall act as the executive subcommittee of the WRIA 9 ILA Parties,
responsible for oversight and evaluation of any Service Providers or consultants,
administration of the budget and work plan, and for providing recommendations on
administrative matters to the WRIA 9 ILA Parties for action, consistent with other
subsections of this section. The appointed representatives of the WRIA 9 ILA Parties
shall consider new appointments or reappointments :,to the Management Committee
every two years following its initial appointments.
4.3 The services cost - shared under this agreement shall` be provided to the WRIA 9 ILA
Parties and.the Watershed Ecosystem�fr*um by the "S� mice Provider, which shall
be King County Department of Naturaln;Rsources „and Parks; unless selected otherwise
by the WRIA 9 ILA Parties. The Mana n.ei4 Committee shall prepare a Memorandum
g <��� P P
of Understanding to be signedk by a representative of the Service Provider, and the
Chair of the WRIA 9 Management Com�itte�., 'and this Memorandum of Understanding
shall set out the expectations for services so provided. Services should include, without
limitation, identificat {on of and job descriptions for dedicated staff, description of any
supervisory role retained by the Service Provider over any staff performing services
under this Agreement' 'and a method of regular consultation between the Service
Provider:and the < tManagement Committee concerning the performance of services
hereunder.
4.3.1 A subset ofhthe Parties to this Agreement may purchase and cost share services
from the, Service Provider in addition to the annual cost - shared services agreed
to by all Parties pursuant to Section 4.3 herein.
4.3.2 The Management Committee shall prepare a Memorandum of Understanding to
be signed by a representative of the Service Provider, and the Chair of the
WRIA 9 Management Committee, which shall set out the expectations for the
additional services to be provided to the subset of the Parties to this Agreement.
4.4 The WRIA 9 ILA Parties by September 1 of each year shall establish and approve an
annual budget that provides for the level of funding and total resource obligations of the
Parties for the following calendar year. Such obligations are to be allocated on a
proportional basis based on the average of the population, assessed valuation and area
attributable to each Party to this Agreement, in accordance with the formula set forth in
Exhibit A, which formula and accompanying data shall be updated every third year by the
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WRIA 9 Management Committee. Individual Party cost shares may change more
frequently than every three years for Parties involved in an annexation. that changes the
area, population, and assessed value calculation of such Party to the extent that the cost
shares established by the formula set forth in Exhibit A would be changed by such
annexation. Tacoma's cost share will be determined on an annual basis by the
Management Committee, and will be included in the annual updates to Exhibit A. The
weight accorded Tacoma's vote for weighted voting pursuant to Section 5 herein shall
correspond to Tacoma's cost share for each year relative to the cost shares contributed
by the other Parties.
4.4.1 The level of funding, total resource obligations, and allocation of obligations for
those members of the Parties that agree to cost share additional services
pursuant to Subsection 4.3.1 herein shall be negotiated and determined by those
Parties purchasing the additional services.
4.5 The WRIA 9 ILA Parties shall incorporate then 'negotiated additional cost share and
incorporate the services in the annual budg and work plat The WRIA 9 ILA Parties
shall oversee and administer the expenfdture ofbudgeted funds and shall allocate the
utilization of resources contributed by eacharty or obtained from other sources in
accordance with the approved annual work progr ,m.
4.6 The WRIA 9 ILA Parties shall review'��ar%d4valuate the duties to be assigned to the
AP
Management Committee 3hereunder „sand the performance of the Fiscal Agent and
is 'Agreerneht, and shall provide for whatever actions are
necessary to ensue that qualityx services are efficiently, effectively and responsibly
y�r
delivered in,th.e perfo)mance of the purposes of this Agreement. The performance of the
Service, Provider shall bewassessed every year
4. k
4.7 The Parses to the WRIA 9 lnterlocal Agreement may contract with similar watershed
forum governing bodies such as the Puget Sound Partnership or any other entities for
any lawful purpose` related to the purposes provided for in this Agreement. The Parties
may choose to create a separate legal or administrative entity under applicable state law,
including without limitation a nonprofit corporation or general partnership, to accept
private gifts, grants or financial contributions, or for any other lawful purpose consistent
with the purposes provided for herein.
4.8 The WRIA 9 ILA Parties shall adopt other rules and procedures that are consistent with
its purposes as stated herein and are necessary for its operation.
5. VOTING. The WRIA 9 ILA Parties shall make decisions, approve scopes of work, budgets,
priorities, and any other actions necessary to carry out the purposes of this Agreement as follows:
5.1 Decisions shall be made using a consensus model as much as possible. Each Party
agrees to use its best efforts and exercise good faith in consensus decision- making.
Consensus may be reached by unanimous agreement of the Parties. If unanimous
Service Provider =kto
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65
agreement of members cannot be reached then the Parties to this agreement may reach
consensus by a majority recommendation with a minority report. Any Party who does not
accept a majority decision may request weighted voting as set forth below.
5.2 In the event consensus cannot be achieved, as determined by rules and procedures
adopted by the Parties to the WRIA 9 Interlocal Agreement , the WRIA 9 ILA Parties
shall take action on a dual- majority basis, as follows:
5.2.1 Each Party, through its appointed representative, may cast its weighted vote in
connection with a proposed WRIA 9 action.
5.2.2 The weighted vote of each Party in relation to the weighted votes of each of the
other Parties shall be determined by the percentage of the annual contribution
made by each Party as set in accordance with Section 4.4 herein in the year in
which the vote is taken.
5.2.3 For any action subject to weighted voting't9 be deemed approved, valid and
binding, an affirmative vote must be cast by bbtho majority of the Parties to this
Agreement and by a majority of „ � weighted -notes of the Parties to this
Agreement.
6. IMPLEMENTATION and ADAPTIVE MANAGEMNT.OF THE SALMON HABITAT PLAN. The
Salmon Habitat Plan shall be implement ;xdmnsistenqith the following:
6.1 The WRIA 9 Watershed Ecosystem Form „shall provide information to the WRIA 9 ILA
Parties regarding progress pin achievmg the goals and objectives of the Salmon Habitat
Plan. Recommendations of the WR/A 9 Watershed Ecosystem Forum are to be
consistent with the gpurposest of this Agreement. The WRIA 9 ILA Parties may authorize
additional advisory bodies to the WRIA 9 Watershed Ecosystem Forum such as a
technicalt' committee „and adaptive management work group. The Watershed Ecosystem
.tAp' M4i Lr-
Forums`laall develop and approve operating and voting procedures for its deliberations,
but such brocedures4lb not affect the voting provisions contained in this Agreement for
the WRIA 9 ILAParties .
6.2 The WRIA 9 ILA Parties shall act to approve or remand any substantive changes to the
Salmon Habitat Plan based upon recommendations by the WRIA 9 Watershed
Ecosystem Forum within ninety (90) days of receipt of the proposed changes, according
to the voting procedures of Section 5 herein. In the event that the Salmon Habitat Plan
changes are not so approved, the recommended changes shall be returned to the WRIA
9 Watershed Ecosystem Forum for further consideration and amendment and
thereafter returned to the WRIA 9 ILA Parties for decision.
6.3 The WRIA 9 ILA Parties shall determine when ratification is needed of substantive
changes to the Salmon Habitat Plan. The changes shall be referred to the Parties for
ratification prior to the submission to any regional, state, or federal agency for further
action. Ratification means an affirmative action, evidenced by a resolution, motion, or
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ordinance of the local government's legislative body, by at least five Parties representing
at least seventy percent (70 %) of the total population within the geographic planning and
management area of WRIA 9.
6.4 Upon remand for consideration of any portion or all of the changes to the Salmon
Habitat Plan by any regional, state or federal agency, the WRIA 9 ILA Parties shall
undertake a review for consideration of the remanded changes to the plan. The WRIA 9
ILA Parties may include further referral to the WRIA 9 Watershed Ecosystem Forum
for recommendation or amendments thereto.
6.5 The Parties agree that any changes to the Salmon Habitat Plan shall not be forwarded
separately by any Party to any regional, state or federal agency unless the changes have
been approved and ratified as provided herein.
7. OBLIGATIONS OF PARTIES; BUDGET; FISCAL AGENT; RULES.
7.1 Each Party shall be responsible for meeting only jts pdividual obligations hereunder as
established in the annual budget adopted by:kthe •WRIA 9 ILA Parties under this
Agreement, including all such obligations related to the WRIA 9 ILA Parties and WRIA 9
Watershed Ecosystem Forum funding; 'technical support and participation in related
planning and implementation of projects; sand activities as set forth herein. It is
anticipated that separate actionsSby;the legislat�ue bodies of the Parties will be necessary
from time to time in order to carry oVut thesobligatons.
7.2 The maximum funding respponsibilitiesaimposed upon the parties during each year of this
Agreement shall not ''exceezti the amounts that are established annually pursuant to
Section 4.4 rt
7.3 No later than Septeml er;1 of each year of this Agreement, the WRIA 9 ILA Parties shall
41..
adopt a,bUdget including 7ts1overhead and administrative costs, for the following calendar
year 'Vie, shall propose the level of funding and other (e.g., staffing)
�zS ^.. �f
responsibilities of the individual parties for the following calendar year and shall propose
the levels of fundmg and resources to be allocated to specific prioritized planning and
implementation activities within WRIA 9. The Parties shall thereafter take whatever
separate legislative or other actions as may be necessary to address such individual
responsibilities under the proposed budget, and shall have done so no later than
December 1 of each year. Parties may elect to secure grant funding to meet their
individual obligations.
7.4 Funds collected from the Parties or other sources on behalf of the WRIA 9 ILA Parties
shall be maintained in a special fund by King County as Fiscal Agent and as ex officio
treasurer on behalf of the WRIA 9 ILA Parties pursuant to rules and procedures
established and agreed to by the WRIA 9 ILA Parties. Such rules and procedures shall
set out billing practices and collection procedures and any other procedures as may be
necessary to provide for its efficient administration and operation.
ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 9
67
7.5 Any Party to this Agreement may inspect and review all records maintained in connection
with such fund at any reasonable time.
8. LATECOMERS. A county or city government in King County lying wholly or partially within the
management area of or with a major interest in WRIA•9 which has not become a Party to this
Agreement within twelve (12) months of the effective date of this Agreement may become a Party
by obtaining written consent of all the Parties to the Agreement. The provisions of Section 5
herein otherwise governing decisions of the WRIA 9 ILA Parties shall not apply to this section.
The Parties of the Agreement and any governments seeking to become a Party shall jointly
determine the terms and conditions under which a government may become a new Party. The
terms and conditions shall include payment of an amount by the new Party to the WRIA 9 Fiscal
Agent. The amount of payment is determined jointly by the existing WRIA 9 ILA Parties and the
new Party. The payment of the new Party is to be a fair and':;proportionate share of all costs
associated with activities undertaken by the WRIA 9 ILA Parties as of the date the government
becomes a new Party. Any government that becomes a Party., pursuant to this section shall
thereby assume the general rights and responsibilities of all other Part es.
9. TERMINATION.
9.1 Termination can only occur on an annual'bas.is` beginning on January 1 of each calendar
year and then only if the terminating Party, through action of its governing body, provides
at least sixty (60) days' prior writ ten notice:of its infent to terminate. The terminating Party
shall remain fully responsible for rrieetin'g all of its funding and other obligations through
the end of the calendar year In whichbsuch notice is given, together with any other costs
t
that may have been; .incurredcon,behalfof such terminating Party up to the effective date
"possible that the makeup of the Parties to this Agreement may
of such termination.
change from time-1031
exercise :the right of termination shall each remain obligated to only meet their respective
share of theobligations of the WRIA 9 ILA Parties as reflected in the annual budget.
The shares orany,77,ternninating Party shall not be the obligation of any of the Parties not
choosing to exercise the right of termination.
9.2 This Agreement may be terminated in its entirety at any time by the written agreement of
all of the Parties. In the event this Agreement is terminated all unexpended funds shall
be refunded to the Parties pro rata based on each Party's cost share percentage of the
total budgeted funds and any real or personal property acquired to carry out the purposes
of this Agreement shall be returned to the contributing Party if such Party can be
identified, and if the Party cannot be identified, the property shall be disposed of and the
proceeds distributed pro rata as described above for unexpended funds.
10. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by state law as to city
and county governments, and federal law as governing to tribes, and for the limited purposes set
forth in this Agreement, each Party shall protect, defend, hold harmless and indemnify the other
egardless of any such changes, the Parties choosing not to
ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 10
68
Parties, their officers, elected officials, agents and employees, while acting within the scope of
their employment as such, from and against any and all claims (including demands, suits,
penalties, liabilities, damages, costs, expenses, or losses of any kind or nature whatsoever)
arising out of or in any way resulting from such Party's own negligent acts or omissions related to
such Party's participation and obligations under this Agreement. Each Party to this Agreement
agrees that its obligations under this subsection extend to any claim, demand and /or cause of
action brought by or on behalf of any of its employees or agents. For this purpose, each Party, by
mutual negotiation, hereby waives, with respect to the other Parties only, any immunity that would
otherwise be available against such claims under the industrial insurance act provisions of Title
51 RCW. In the event that either Party incurs any judgment, award, and /or cost arising
therefrom, including attorneys' fees, to enforce the provisions of this Section, all such fees,
expenses, and costs shall be recoverable from the responsibleParty to the extent of that Party's
culpability. The provisions of this Section shall survive ancij,continue to be applicable to Parties
exercising the right of termination pursuant to Section 9 -Herein:
11. NO ASSUMPTION OF LIABILITY. In no event do t is"A
uheAparties to ttgreement intend to assume
any responsibility, risk or liability of any other Party to thisAgreement or otherwise with regard to
any Party's duties, responsibilities or liabilities under th'e Endangered Species Act, or any other
act, statute, regulation or ordinance ofeapx local municipality or government, the State of
Washington, or the United States.
12. VOLUNTARY AGREEMENT. TllisyAgreerri*nt is voluntary and is acknowledged and agreed that
no Party is committing to adopt or`mplement any actions or recommendations that may be
contained in the Salmon Habitat
13. NO PRECLUSION OFD - ACTIVITIES OR PROJECTS. Nothing herein shall preclude any one or
more of the Parties from xc`hoosingor agreeing to fund or implement any work, activities or
projects associated with anij-of the purposes hereunder by separate agreement or action,
provided that any §'00 decision or agreement shall not impose any funding, participation or other
obligation of any kind or% any Party which is not a party to such decision or agreement.
14. NO THIRD PARTY RIGHTS. Nothing contained in this Agreement is intended to, nor shall it be
construed to, create any rights in any third party, including without limitation the National Oceanic
and Atmospheric Administration - Fisheries, United States Fish and Wildlife Service, any agency
or department of the United States, or the State of Washington, or to form the basis for any
liability on the part of the WRIA 9 ILA Parties or any of the Parties, or their officers, elected
officials, agents and employees, to any third party.
15. AMENDMENTS. This Agreement may be amended, altered or clarified only by the unanimous
consent of the Parties to this Agreement, and requires authorization and approval by each Party's
governing body.
16. COUNTERPARTS. This Agreement may be executed in counterparts.
ILA_WRIA9_2016- 202505- 14- 2015.docx Page 11
69
17. APPROVAL BY PARTIES' GOVERNING BODIES. The governing body of each Party must
approve this Agreement before any representative of such Party may sign this Agreement.
18. FILING OF AGREEMENT. This Agreement shall be filed by King County in accordance with the
provisions of RCW 39.34.040 and .200 and with the terms of Section 3 herein.
19. ENTIRE AGREEMENT. This Agreement contains the entire Agreement among the Parties, and
supersedes all prior negotiations, representations, and agreements, oral or otherwise, regarding
the specific terms of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates indicated below:
Approved as to form: CITY OF ALGONA:
By: By:
Title: Title:
Date: Date:
ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 12
70
Approved as to form:
By:
Title:
Date:
CITY OF AUBURN:
By:
Title:
Date:
ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 13
71
Approved as to form: CITY OF BLACK DIAMOND:
By: By:
Title: Title:
Date: Date:
ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 14
72
Approved as to form:
By:
Title:
Date:
CITY OF BURIEN:
By:
Title:
Date:
ILA WRIA9 2016 - 2025_05- 14- 2015.docx Page 15
73
Approved as to form: CITY OF COVINGTON:
By: By:
Title: Title:
Date: Date:
ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 16
74
Approved as to form: CITY OF DES MOINES:
By: By:
Title: Title:
Date: Date:
ILA_ WRIA9_2016 - 202505- 14- 2015.docx Page 17
•
75
Approved as to form: CITY OF ENUMCLAW:
By: By:
Title: Title:
Date: Date:
ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 18
76
Approved as to form: CITY OF FEDERAL WAY:
By: By:
Title: Title:
Date: Date:
ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 19
77
Approved as to form: CITY OF KENT:
By: By:
Title: Title:
Date: Date:
ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 20
78
Approved as to form:
By:
Title:
Date:
KING COUNTY:
By:
Title:
Date:
ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 21
79
Approved as to form: CITY OF MAPLE VALLEY:
By: By:
Title: Title:
Date: Date:
ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 22
80
Approved as to form: CITY OF NORMANDY PARK:
By: By:
Title: Title:
Date: Date:
ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 23
81
Approved as to form: CITY OF RENTON:
By: By:
Title: Title:
Date: Date:
ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 24
82
Approved as to form:
By:
Title:
Date:
CITY OF SEATAC:
By:
Title:
Date:
ILA WRIA9 2016- 2025_05- 14- 2015.docx Page 25
83
Approved as to form: CITY OF SEATTLE:
By: By:
Title: Title:
Date: Date:
ILA WRIA9 2016 - 2025_05- 14- 2015.docx Page 26
84
Approved as to form:
By:
Title:
Date:
CITY OF TACOMA:
By:
Title:
Date:
ILA WRIA9 2016- 2025_05- 14- 2015.docx Page 27
85
Approved as to form: CITY OF TUKWILA:
By: By:
Title: • Title:
Date: Date:
ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 28
86
Exhibit A
WRIA Based Cost Share: WRIA 9
Regional Watershed Funding
For 2016
Note: Beginning with the 2017 cost shares, jurisdictional area, population, and assessed value are to be recalculated every three years or if there is a
significant annexation per the WRIA 9 interlocal agreement for 2016 -2025.
Total: $424,320
Watershed Ecosystem
WRIA 9 Jurisdiction
rorum Approveu may
Population Adjusted
(Pop) % Pop
1•, AV IJ
Assessed
Value (AV)
%
Adjusted AV
Area % „<
Adjusted
'rAcres
Cost -Share Amount
(Average of Pop, AV,
Area)*
WRIA 9 Jurisdiction
1 Algona*
2 Auburn*
3 Black Diamond
4 Burien
5 Covington
6 Des Moines
7 Enumclaw*
8 Federal Way*
9 Kent*
King County*
11 Maple Valley*
12 Normandy Park
13 Renton*
14 SeaTac
15 Seattle*
16 Tukwila
°
0.23 /0
6.06%
0.61%
6.51%
2.54%
4.30%
0.65%
9.01%
16.35%
15.04%
1.67%
0.95%
4.47%
3.78%
25.18%
2.66%
100.0%
1,543
40,956
4,120
44,006
17,190
29,090
4,366
60,918
110,605
101,701
11,299
6,435
30,221
25,530
170,297
18,000
676,277
0.19%
5.06%
0.57%
5.10%
1.86%
2.66%
0.55%
5.06%
12.06%
10.66%
1.77%
1.23%
4.09 %,
„,.<2:-`78%.,4
'if 42 49%
` 3.90 %j
t&n
'100.0%
$197,378,600
$5,318,451,800
$595,345,385
$5,356,038,587
$1,954,508,239
$2,792 105;100
$573 979,500
$5,316,134,A 26
$12x671 122,513
. -:J' ,2s„
a N111,206,469,402.
N u;
$1 863,263,50q
"' =t ; ,;$1,289,320;500
($4 299,847,610
$2 918,228,100
° , $44'654,964,773
$4,096,959,014
A4105,104,116,749
° ¢
0.16 Jo''
5.67%
X1.95% ,
�q` o
'' ,2.86/0
1g.:0%
1 7 8%
Rt 9.,62% °fir
y3':63%
9.84%
53.44%
t 1.37%
0.72%
2.75%
1.85%
9.00%
2.65%
100.0%
-? .
363.06
12;550.28
4,308:20
6,340.17
3,773.03
3,951.55
1,380.31
8,048.27
21,781.73
118,333.97
3,034.15
1,593.21
6,096.59
4,092.51
19,919.60
5,867.21
221,433.83
0.19%
5.59%
1.04%
°
4.82/0
/0
2.04%
2.91%
0.61%
5.90%
12.75%
26.38%
1.60%
0.97%
3.77%
2.80%
25.55%
3.07%
100.0%
$784
$22,686
$4,219
$19,554
$8,252
$11,817
$2,453
$23,925
$51,698
$106,972
$6,507
$3,917
$15,291
$11,354
$103,624
$12,448
$405,500
1 Algona
9
2 Auburn
3 Black Diamond
4 Burien
5 Covington
6 Des Moines
7 Enumclaw
8 Federal Way
9 Kent
10 King County
9 ty
11 Maple Valley
12 Normandy Park
13 Renton
14 SeaTac
15 Seattle
16 Tukwila
SUBTOTAL
sit °r• ,,t
+Tacoma
$18,820
TOTAL
NOTES: Cost shares reflect 2009 annexations of North Highline to Burien and Kent NE to Kent. No annexations or incorporations have occurred since these two mayor
annexations.
DATA SOURCES:
• 2007 Puget Sound Regional Council population estimates by census tract.
• 2009 King County Assessors data. Assessed value of parcels owned by Port of Seattle Aviation Division is excluded from the analysis.
• Adjusted Acres excludes the Upper Green River subwatershed from King County's area and excludes Port of Seattle Aviation Division properties (airport and residential buyouts)
from Burien, Des Moines, and SeaTac shares.
* Cost share amount is an averaging of the population, assessed value, and area percentage of each jurisdiction within WRIA 9
(% population + % assessed value + % area divided by 3 = Cost Share)
W R IA9 -I lA- cost -sha res2016. xlsx
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