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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- 54 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 55 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 ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 1 59 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 ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 2 60 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 61 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. ILA_WRIA9_2016- 202505- 14- 2015.docx Page 4 62 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 ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 5 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 ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 6 64 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 ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 7 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 ILA WRIA9 2016 - 2025_05- 14- 2015.docx Page 8 66 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 87 N gt a) 40 a a) U O m -Q 0 a) m a a) CO (I) CO C,) (0 0 Cu o NO (0 N • crj O O 4 N 88 C 0 r o N 7 -i a) LX LX E c> m C w>... Co ' >. (a o C ca > 0 �a a «) E 5 C (T O U m V N O co Q C O. a) .0 - E a) E +� H �.'� O .O U • 5 U) O 'D C 0) 0- C (o (o - 0) C a6 7 O a) C a) N O a) 0 a 0 O Q Q Co [o 0 o LU (L Y Y Z f CO CO H f- r N M 'Et LO CO N 00 0) O r N M 'Cr L() (0 ... y7 +Tacoma $18,820 Cost -Share Amount (Average of Pop, AV, Area)* V CO 0) 'Et N ti CO U) CO N N- N V- V' 00 0 00 CO r U) LO U) N 0) I 0 r 0) (0 N C O I� (D N U) (NI CO rt 0) CO 0) (n O N CO (D V CO fn. N O O r N co r CD CO M U) .— M N U) N to EA r EA N U) O EA EA E!-) EA 0 6- 0 (A 69 EA. EA. 69 EA Eli 0 0 0 0 0 0 0 0 o 0 0 o 2 0 O U) O co N O O) CO 00) ~ M CO 0 00)) ti CO 0 . N. 0 O U) r - N N 0 U) r N r O M N N M 0 Adjusted Area % Acres co 00 O N- co U) r N- CO N U) r 0) - 03r co O N N r 0 U) CO N N O) r N U) U;)= (0 N 0 M (6 00 O M r 0 00 r Or) ri c') (0 N 1i4N (.,� CO U) 0 'r N- U) co V 00 co co O) 0):ij0) -CD M co U) co co N- (T M O co O U):f0 O 0). W. 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U) T CO C m a) E O T3 a) 'D X a) U) C 0 U) .> 0 C 0 CO a) (o a) U) O 0 . 0- L .0 U) C C O O U) > U as Q • 'E) • ° :- a) U) 2 a) �a C > O -o •-• (1) 0 >. a) C U) a) C t O 0. CO U) a) a) 0_ 0 a C O U) O C O C a) a) (o Q) U) O 0 o_ U) a) U) N 'D C as (o a) CO U) C C 0 U D) 0 m t as U) a) U) U) a) O. Cl) a) L O g) m U, a ' Q C7 o 7 O- N O -0 U) 0 m 0) C C `0 C (o C o (n Cl) (4 0) a) a) a) IY U) C �Q o� C a) N U) o 7 CO N O O 0 t a) m Q O vOj - � CO • N- 0) O O U o Q N N Q .� 0 0) C C C 0 U .D U) L 0 (a a) 0 0) (0 C a) a) 0 (0 0_) (0 C � L moc NI^ yU a) II V! (0 • >+ Ca o a) N .D 7 > (Z O (o 0. ▪ 0 O + co C • Ta > 0) N U) c (a (0 a) u ▪ o O + C0 C O (a (Z V) O • a- o U °� W RIA9 -I LA- cost- shares2016.xlsx