HomeMy WebLinkAboutWRIA 9RESOLUTION NO. 4 1 1$
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT AMONG THE PARTICIPATING
JURISDICTIONS WITHIN THE GREEN/DUWAMISH
AND CENTRAL PUGET SOUND WATERSHED
RESOURCE INVENTORY AREA (WRIA 9)
WHEREAS, RCW 39.34 authorizes cities and counties to enter into
interlocal agreements, as necessary, to work together on issues requiring joint
action of the parties; and
WHEREAS, since the year 2001, the City of Auburn has been entering
into Interlocal Agreements (ILA) or extensions thereto for participation in WRIA 9
for the purposes described therein; and
WHEREAS, the City of Auburn wishes to continue participating with its
neighboring jurisdictions on matters beneficial to the Green River, Duwamish
River, and Central Puget Sound Watersheds, particularly within the geographic
planning area of Water Resource Inventory Area 9(which includes portions of
Water Resource Inventory Areas 8, 10, and 15); and
WHEREAS, the City Council sees the value of providing for longer term
agreements to address such matters, and the benefits to the Water Resource
Inventory Area of an agreement extending for up to nine (9) years.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor is hereby authorized to execute a new ILA
between the City and the other participating jurisdictions within the WRIA 9
Resolution No. 4118
November 28, 2006
Page 1 of 2
(Green/Duwamish and Central Puget Sound basins) in a form in substantial
compliance with the agreement attached hereto, marked as Exhibit "A" hereto;
and the mayor is further authorized to negotiate the amounts of future year
contributions on behalf of the City of Auburn during the term of the Agreement.
Section 2. That the Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
PASSED this ~ day of ~ttAJ2006.
CITY OF AUBURN
~
PETER B. LEWIS
MAYOR
ATTEST:
r
Danielle E. Daskam,
City Clerk
Resolution No. 4118
November 28, 2006
Page 2 of 2
APPROVED AS TO FORM:
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
TNIS 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 partialiy 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, (uWRIA 9"), ail political subdivisions af 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 responsibility for addressing {ong-term
watershed pianning and conservation of the aquatic ecosystems of the Green River, Duwamish
River, and Central Puget Sound Watersheds and wish to collectively provide for planning, funding
and implementation of various activities and projects therein; and
WHEREAS, the Parties have participated in an lnterlocal Agreement for the years 2001-
2005 to develop "Making Our Watershed Fit for a King" ("Salmon Habitat Plan"), contributed to
the Puget Sound Salmon Recovery Plan, and desire to continue providing efficient participation in
the implementation of such pians; 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, poliutian 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
WHEREAS, the Parties wish to monitor and evaluate implementatian 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
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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 Lead Entity Advisory
Group 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 in participating on the P.uget Sound
Partnership to develop recommendations to restore the Puget Sound to health and sustain that
health by 2020; and
WHEREAS, the Parties recognize that identification of watershed issues, and
implementation of salmon conservation and recovery actions may be carried out more efficiently if
done cooperatively than if carried out separately and independently; and
WHEREAS, individual 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 Sound;
NOW, THEREFORE, the 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 GOVERNMEN'TS: 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 WATERSHED FORUM: The WR/A 9 Watershed Forum created herein is the .
governing body responsible for implementing this Agreement. The WRIA 9 Watershed
Forum is comprised of designated representatives of eligible governments who have
authorized the execution of and become Parties to this Agreement.
1.3 WRIA 9 STEERING COMMITTEE; The WRIA 9 Steer/ng Committee referred to herein
is the cooperative body comprised of 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.
1,4 GREENIDUWAMISH AND CENTRAL PUGET SOUND WATERSHED WATER
RESOURCE INVENTORY AREA 9 SALMON HABITAT PLAN: The Green/Duwamish
and Centra! Puget Sound Watershed Wafer Resource /nventory Area 9 Salmon
Habitat Plan is the pfan developed by the WRIA 9 Steering Committee and ratified by
all of the parties to an interlocal agreement for its development. The Salmon Habitat
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Plan recommends actions that should be taken from 2006 through 2015 (ten years) to •
protect and restore salmon habitat, using an ecosystem approach, in the
Green/Duwamish and Central Puget Sound Watersheds. This Salmon Habltat Plan
may be amended from time to time according to the procedure in Section 6 herein and
approved amendments shall be considered integrai parts of the Salmon Habitaf Plan.
Efforts under the Saimon Habitat Plan are intended to compiement habitat improvements
in other parts of Puget Sound and hatchery and harvest actions to recover Puget Sound
Chinook salmon and bull trout. The Salmon Habitat Plan constitutes a chapter of the
Puget Sound Salmon Recovery Plan.
1.5 MANAGEMENT COMMITTEE: Management Committee as referred to herein consists
of seven (7) elected officials or their designees. The seven elected officials of the
Management Committee are chosen by the WRIA 9 Watershed Forum, according to the
voting procedures in Section 5 herein, charged with certain oversight and administrative
duties on the WRIA 9 Watershed Forum's behalf.
1.6 SERVICE PROVIDER: Service Provlder, as used herein, means that agency,
government, consultant, or other entity which supplies staffing or other resources to and
for the WR/A 9 Watershed Forum, 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 who performs
all accounting services for the WR/A 9 Watershed Forum, as it may require, in
accordance with the requirements of Chapter 39.34 RCW.
1.8 STAKEHOLDERS: Sfakeho/ders refers to those public and private entities within WRIA
9 who reflect the diverse interests integral to implementing the Salmon Habitat Plan,
which 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, surface and groundwater
quality, water quantity, and habitat.
2.3 To provide a mechanism and governance and funding structures for jointly implementing
the Salmon Habltat Plan.
2.4 To develop and take actions on key issues during the implementation of the Safmon
Habltat Plan.
2.5 To provide a mechanism for cooperative review and implementation of recommended
policies and regulations needed for response to listings under the Endangered Species
Act.
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2,6 To provide a venue for the ongoing participation of citizens and other stakeholders in
saimon recovery and other watershed efforts and to ensure continued public outreach
efforts to educate and garner support for current and future watershed and Endangered
Species Act listed species response efforts by local governments and in accordance with
the Salmon Habitat Plan.
2.7 To provide a mechanism for securing technical assistance and any available funding from
federai, state, and other sources to implement the Salmon Habitat Plan.
2.8 To provide a mechanism for implementing other habitat, surface and groundwater quality,
water quantity 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
Watershed Forum.
2.9 To annually recommend projects for grant funding by the King Conservation District
through the King ConseNation DistricYs Forum grant program distribution.
2.10 To annually recommend projects for implementation of planning, engineering, permitting
and construction tasks for the Green/Duwamish Ecosystem Restoration Projects in
partnership with the U,S. Army Corps of Engineers.
2.11 To provide a framework for cooperating and coordinating among the Parties on issues
relating to WRIA 9 to meet the requirement of a commitmsnt 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. 2.12 To provide a mechanism to approve and support, through resources, funding from grant
sources or other means, implementation of restoration and protection projects and
programs.
2.13 To provide a mechanism for on-going monitoring and evaluation of the Salmon Habitat
P/an implementation through adaptive management as defined in the Plan.
It is not the purpose or intent of this Agreement fo create, supplant, preempt or supersede the
authority or role of any jurisdiction, governmental entity or water quality policy bodies including
the Regional Water Quality Committee.
3. EFFECTIVE pATE AND TERM. This Agreement shall become effective upon its execution by at
least five (5) of the,elipible local aovernmgnts within WRIA 9 representinQ at least seventv
percent (70%) of the affected population within the aeoqraphic area of WRIA 9gs authorized bv
the legislative ody of each local aovemment, and further provided that after such siqnatures this
Ayreement has been filed by Kinq Countv in accordance with the terms of RCW 39.34 040 and
.200. Once effective, this Agreement shall remain in effect for an initial term of nine (9) years;
provided, however, that this Agreement may be extended for such additional terms as the Parties
may agree to in writing with such extension being effective upon its execution by at least five (5)
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of the eligible local governments within WRIA 9 representing at least seventy percent (70%) of
the affected population within the geographic area of WRIA 9, as authorized by the legislative
body of each Iocai government, 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 ttiose Parties executing the extension.
4. ORGANIZATION AND MEMBERSHIP OF THE WRIA 9 WATERSHED FORUM. The Parties to
this Agreement hereby establish a WRIA 9 Watershed Forum to serve as the formai governance
structure for carrying out the purposes of this Agreement. The WRIA 9 Watershed Forum is a
voluntary association of the county and city governments located whoily or partially within the
management area of or having a major interest in WRIA 9 who choose to be Parties to this
Agreement.
4.1 Each Party to this Agreement shall appoint one (1) elected official to serve as its primary
representative, and one (1) alternate representative to seNe on the WRIA 9 Watershed
Forum. The alternate representative may be a different elected official or senior staff
person.
4.2 Upon the effective execution of this Agreement end the appointment of representatives to
the WRIA 9 Watershed Forum, the WRIA 9 Watershed Forum shall meet and choose
from among its members, according to the 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 Watershed Forum. Representatives of
the Fisca/ Agent and Service Provider may serve as non-voting ex officio members of
the Management Commiitee. The Management Committee shall act as the executive
subcommittee of the WRIA 9 Watershed Forum, responsible for oversight and
evaluation of any Service Provlders or consuitants, administration of the budget and
work plan, and for providing recommendations on administrative matters to the WRIA 9
Watershed Forum for action, consistent with other subsections of this section. The
WRIA 9 Watershed Forum 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
Wafershed Forum by the Service Provider, which shall be King County Department of
Natural Resources and Parks, unless selected otherwise by the WRIA 9 Watershed
Forum. The Management Committee shall prepare a Memorandum of Understanding to
be signed by a representative of the Servlce Provider, and a representative of the WRIA
9 Watershed Forum, which shall set out the expectations for services so provided.
Services should inciude, without limitation, identification of and job descriptions for
dedicated staff in increments no smaller than 0.5 Full Time Equivalent, description of any
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supervisory role retained by the Servlce Provider over any staff performing services
under this Agreement, and a method of regular consultation between the Service
Provider and the Management Committee concerning the performance of seNices
hereunder.
4.3.1 A subset of the Parties to this Agreement may purchase and cost share services
from the Servlce Provider in addition to the annual cost-shared services agreed
to by ali 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 a representative of
the WR/A 9 Wafershed Forum, which shall set out the expectations for the
additional seNices so provided to the subset of Parties to this Agreement.
4.4 The WR/A 9 Watershed Forum, 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 by
the WRIA 9 Watershed Forum when more current data become availabie. Tacoma's
cost share will be determined on an annual basis by the Parties and wifl 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.
4.4.2 The WR/A 9 Watershed Forum shall incorporate the negotiated additional cost
share and incorporate the services in its annual budget and work plan.
4.5 The WRIA 9 Watershed Forum shall oversee and administer the expenditure of
budgeted funds and shail allocate the utilization of resources contributed by each Party or
obtained from other sources in accordance with the approved annual work program.
4.6 The WR/A 9 Watershed Forum shall review and evaluate the duties to be assigned to
the Management Committee hereunder and the performance of the Fisca! Agent and
Service Provider to this Agreement, and shall provide for whatever actions are
necessary to ensure that quality services are efficiently, effectively and responsibly
delivered in the performance of the purposes of this Agreement. The pertormance of the
Service Provrder shall be assessed every three years.
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4.7 The WRIA 9 Watershed Forum may contract with similar watershed forum governing
bodies such as the Puget Sound Shared Saimon Strategy and 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 applicabie state law, including without limitation a nonprofit corporation or general
partnership, to accept private gifts, grants or financiai contributions, or for any other iawful
purpose consistent with the purposes provided for herein.
4.8 7he WRIA 9 Watershed Forum 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 Watershed Forum shall make d.ecisions, 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
agreement of inembers 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 WRIA 9 Watershed Forum, the WRIA 9 Watershed Forum shall take
action on a dual-majority basis, as follows: .
52.1 Each Party, through its appointed representative, may cast its weighted vote in
connection with a proposed WRIA 9 Watershed Forum 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 to be deemed, approved, valid and
binding, an affirmative vote must be cast by both a majority of the Parties to this
Agreement and by a majority of the weighted votes of the Parties to this
Agreement. A vote of abstention shall be recorded as a"no" vote.
6. IMPLEMENTATION OF THE SALMON HABITAT PLAN. The Salmon Habitat Plan shall be
implemented consistent with the following:
6.1 The WRIA 9 Steering Committee, which shall be appointed by the WRIA 9 Watershed
Forum, shall be an advisory body responsible for making recommendations for
implementing the Salmon Habitat Plan to the WRIA 9 Watershed Forum, including
substantive plan amendments recommended as a result of adaptive management. The
WRIA 9 Steering Committee shall provide information to the WRIA 9 Watershed
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Forum rsgarding progress in achieving the goals and objectives of the Salmon Habltat
Plan. Recommendations of the WRIA 9 Steering Commi#ee are to be consistent with
the purposes of this Agreement. The WRIA 9 Watershed Forum may authorize
additional advisory bodies to the WRIA 9 Steering Committee, such as an adaptive
management work group.
6.2 The WRIA 9 Wafershed Forum shall act to approve or remand any substantive changes
to the Salmon Habitat P/an based upon recommendations by the WR/A 9 Steering
Committee 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 Steering Commlttee for further consideration and amendment and thereafter returned
to the WRIA 9 Watershed Forum for decision.
6.3 The WRIA 9 Watershed Forum shall determine when ratification is needed of
substantive changes to the Salmon Habitat P/an by the Parties. The changes shaU 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 ordinance of the local governmenYs 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 Salmon Habitat Plan by any
regional, state or federal agency the WRIA 9 Watershed Forum shall undertake a
review for consideration of the remanded portion or plan. The WRIA 9 Watershed
Forum may include further referral to the WRIA 9 Steering Committee 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; BUQGET; FISCAL AGENTLRULES.
7.1 Each Party shall be responsible for meefing only its individual obligations hereunder as
established in the annual budget adopted by the WRIA 9 Watershed Forum under this
Agreement, including all such obligations related to the WRIA 9 Watershed Forum and
WRIA 9 Steering Commlttee funding, technical support and participation in related
planning and implementation of projects, and activities as set forth herein. It is
anticipated that separate actions by the legislative bodies of the Parties wiil be necessary
from time to time in order to carry out these obligations.
7.2 The maximum funding responsibilities imposed upon the parties during each year of this
Agreement shall not exceed the amounts that are established annually pursuant to
Section 4.4 herein.
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7.3 No later than September 1 of each year of this Agreement, the WRIA 9 Watershed
Forum shall adopt a budget, including its overhead and administrative costs, for the
following calendar year. 7he budget shail propose the level of funding and other (e.g.,
staffing) responsibilities of the individual parties for the following calendar year and shall
propose the levels of funding 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 Watershed
Forum shall be maintained in a special fund by King County as Flscal Agent and as ex
officio treasurer on behalf of the WRIA 9 Watershed Forum pursuant to rules and
procedures established and agreed to by the WR/A 9 Watershed Forum. 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.
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 Watershed Forum 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
Watershed Forum. The amount of payment is determined jointly by the existing Parties of the
WR/A 9 Watershed Forum 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 Watershed
Forum 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 Parties. .
9. TERMINATION.
9,1 The obligations of any Party under this Agreement may be terminated by the Party,
through action of its governing body, only upon sixty (60) days' written notice to the other
Parties by not later than November 1 for termination effective January 1 of the following
year, The terminating Party shall remain fully responsible for meeting all of its funding
and other obligations through the end of the calendar year in which such notice is given,
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together with any other costs that may have been incurred on behalf of such terminating
Party up to the effective date of such termination. It is expected that the makeup of the
Parties to this Agreement may change from time to time. Regardiess of any such
changes, the Parties choosing not to exercise the right of termination shall each remain
obligated to only meet their respective shace of the obligations of the WR/A 9 Watershed
Forum as reflected in the annual budget. The shares of any terminating 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.
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
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 ciaim, demand andlor 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 responsible Party to the extent of that Party's
culpability. The provisions of this Section shall survive and continue to be applicable to Parties
exercising the right of termination pursuant to Section 9 herein.
11. NO ASSUMPTION OF L,JABILITY. In no event do the Parties to this Agreement intend to assume
any responsibility, risk or liability of any other Party to this Agreement or otherwise with regard to
any Party's duties, responsibilities or liabilities under the Endangered Species Act, or any other
act, statute, regulation or ordinance of any Iocal municipality or government, the State of
Washington, or the United States.
12. VOLUNTARY AGREEMENT. This Agreement is voluntary and is acknowledged and agreed that
no Party is committing to adopt or implement any actions or recommendations that may be
contained in the Salmon Habitat Plan.
13. NO PRECLUSION OF ACTIVITIES OR PROJECTS. Nothing herein shall preclude any one or
more of the Parties from choosing or agresing to fund or impiement any work, activities or
projects associated with any of the purposes hereunder by separate agreement or action,
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provided that any such decision or agreement shali not impose any funding, participation or other
obligation of any kind on any Party which is not a party to such decision or agreement.
14. NO 7HIRD 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
liabiiity on the part of the WR/A 9 Watershed Forum 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.
17. APPROVAL BY PARTIES' GOVERNING BODIES. The governing bady 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, representafions, 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
gy: By:
Title: Title:
Date: Date:
WRIA 9 ILA 2007-2015 (WRIA 9 Forum recomd., mod. 8-24-06 and 10-2-06; legal review complete) Page 11
Approved as to form: CITY F A
By: By:
~
Title: Title:
Date: Date: DEC - 4 2006
Approved as to form: CITY OF BLACK DiAM4ND
By: By:
Title: Title:
Date: Date:
Approved as to form: CITY OF BURIEN
By: SY:
Title: Title:
Date: Date:
Approved as to form: CITY OF COVING70N
By: BY:
7itle: Title:
Date: Date:
WRIA 9 IlA 2007-2015 (WRIA 9 Forum recomd., mod. 8-24-06 and 10-2-06; legal review complete) Page 12
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Return Addr ss:
20070725000972
- LINDA GROB KCA
PAGE001 OF 028
07/25/2007 '11:39
KING COUNTX,..WA
Please rint or e informahon WASHINGTON STATE RECORDER'S 'Cover Sheet RGW 65.04)
Document Title(s) (or transactions.contained therein): (atl'areas applicable to your documenrmust be filled in) .
3. 4-
' Reference Number(s) of Documents assigned or released:
Additional reference #'s on page o'f document
Grantor s) Last n e, first name; initials)
2. Additional names on page of document.
Grante 3) (Last name first, then first name and initials) 'e ~'n
1. ~ ~l/r/~ , , ~i+~ ~~~~0o K!
2.
Additional names on page 3 of document.
Legal descripNon (abbreviated: i.e. lot, block, plat or section, township, range) .
Additional legal is on page of document.
Assessor's Property Tag ParceUAccount'Number. ❑ Assessor Tax # not yet assigned
The Auditor/Recorder will rely on the information provided on the form. 'The staff will not read the document
to verithe accurac .or com leteness of:the indexin information rovided herein.
- I am requesting an emergency nonstandaxd recording for an additiona.l fee as provided in
RCW 36.18.010. I understand that tlie recording processing requirements may cover up or
otherwise obscure some part of the text of the original document.
,
G~~ Signature of:Requesting Party
,
,
' 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 ancl responsibility for addressing long-term
watershed planning and conservation of the aquafic eco§ystems of the Green River, Duwamish
River, and Central Puget Sound Watersheds and wish to collectively provide for planning, funding and implementation of various activities and projects therein; and
WHEREAS, the Parfies have participated in an Interlocal Agreement for the years 2001-
2005 to develop °Making Our Watershed Fit for a King" ("Salmon Habitat Plan"), contributed to
_ the Puget Sound Salmon Recovery Plan, and desire to continue providing efficient participation'in
the implementation of such plans; and
WHEREAS, the Parties have demonstrated in the Salmon Habitat Plan that watershed
ecosystem services are worth billions of dollars of.value to Iocal people in terms of stormwater
management, pollution treatment, recreational value, and other expensiveancJ difficult to replace
services; and
WHEREAS, the Rarties 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
WHEREAS, the Parties wish to monitor and evaluate implementation of the Salmon
Habifat Plan through adaptive_ management; and
WHEREAS, the Parties wish to continue to use adaptive managemenf for identifying,
coordinating and implementing basin plans and water quality, flood hazard reduction, water
quantity, and habitat projects in the watersheds, and
WRIA 9 ILA 2007-2015 (WRIA 9 Forum recomd., mod. 8-24-06 and 10-2-06; legal review complete) Pige 1
,
~ WHEREAS, the Parties have a strong interest in participating on the Puget Sound .
Salmon Recovery Council because of the contributions of the Gceen River, DuwamishRiver, and ` Central. Puget Sound Watersheds to the overall health of Puget Sound; and
WHEREAS, the Parties have a strong interest in participating on the Lead Entity Advisory
Group and other. groups associated with the Salmon Recovery Funding Board to collectively seek
fuhding to implement the Salmon Habitat Plan; and
WHEREAS, the Parties have a strong interest in participating on the Puget Sound
Partnership to develop recommendations to. restore the Puget Sound to health and sustain that
health by 2020; and
WHEREAS, the Parties recognize that identification of watershed issues, and
implementation of salmon conservation and recovery actions may be carried out more effciently if ,
done cooperatively than if carried out separately and independently; and
WHEREAS, individual 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 Sound;
NOW, THEREFORE, the 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 mean'ing
provided for below:
1.1 ELIGIBLE COUNTY AND CITY GOVERNMENTS: The local govemments 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, Kenf;
Maple Valley, Normandy Park, Renton, SeaTac, Seattle, Tacoma, Tukwila, and any
newly incorporated city that lies fully or partially within the boundaries of W RIA 9:
1.2 WRIA 9 WATERSHED FORUM: The WR/A 9 Watershed Forum created herein is the
governing body responsible for implementing this Agreement. The WR/A 9 Watershed
Forum is comprised of designated representatives of eligible govemments who have
authorized the execution of and become Parties to this Agreement.
1.3 WRIA 9 STEERING COMMITTEE: The WR/A 9 Steering Committee refened to herein .
is the cooperative body comprised of 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.
1.4 GREEN/DUWAMISH AND CENTRAL PUGET SOUND WATERSHED WATER
RESOURCE INVENTORY AREA 9 SALMON HABITAT PLAN: The Green/Duwamish
. and Central Puget Sound Wafershed Water Resaurce Inventory Area 9 Sa/mon
Habitat Plan is the plan developed by the WR/A 9 Steering Committee and ratfied by
all of the parties to an interlocal agreement for its development. The Sa/mon Habitet
WRIA 9 ILA 2007-2015 (WRIA 9 Forum recomd., mod. 8-24-06 and 10-2-06; legal review complete) Page 2
Plan recommends actions that should be taken from 2006 through 2015 (ten years) to
protect and restore saimon ha6itat, using an ecosystem approach, in the
Green/Duwamish and Central Puget Sound Watersheds. This Salmon Habitat Plan
: may be amended from :time to time according to fhe procedure in Section 6 herein and'
approved amendments shall" be considered integral parts of the Salmon Habitat Plan.
Efforts under the Salmon Ha6itat Plan are intended to complement habitat improvements
in other parts of Puget Sound and hatchery and harvest actions to recover Puget Sound
Chinook salmon and bull trout. The Salmon Habitat Plan constitutes a chapter of the
Puget Sound Salmon Recovery Plan.
1.5 MANAGEMENT.COMMITTEE: Management Committee as referred to herein consists
of seven (7) electecJ officials or their designees. The seven elec4ed officials of the
Manegement Committee are chosen by the WRIA 9 Watershed Forum, according to the
voting.procedures` in Section 5 herein, charged with certain oversight and administrative
duties on the WR/A 9 Watershed Forum's behalf:
1.6 SERVICE PROVIDER: ` Service Provider, as used herein, means that agency,
government, consultant, or other entity which supplies staffing or other resources to and
for the WR/A 9 Watershed Focum, 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 who performs
all accounting services for the WR/A 9 Watershed Forum, as it may require, in
accordance with the requirements of Chapter39.34 RCW.
1.8 STAKEHOLDERS: Stakeholders refers to those public and private entities within WRIA
9 who reflect the diverse inferests integral to implementing the Salmon Habitat Plan,
which may include but is not limited to environmental and business interests.
2. PURPOSES. The purposes of fhis 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-wicle or basin
implications, including but not limited to flood hazard reduction, surface and groundwater
quality, water quantity; and habitat.
2.3 To provide a mechanism and governance and funding structures for. jointly implementing
the Salmon Habitaf Plan:
2.4 To develop and take actions on key issues during the implementation of the Salmon
Nabitaf Plan.
2.5 To -provide a mechanism for cooperative review and implementation of recommended
policies and regulations neecied for response fo listings under the Endangered Species
Act.
WRIA 9 ILA 2007-2015 (WRIA 9 Forum recomd., mod. 8-24-06 and 10-2-06; legal review complete) Page 3
2.6 To provide a venue for the ongoing participation of citizens and, other stakeholders in
salmon recovery and other watershed efforts and to ensure continued pubtic outreach
efforts to educate and gamer support.for current and future watershed and Endangered
Species Act.listed species response efforts by local govemments and in accordance with
the Sa/mon Habitat Plan.
2.7 To provide a mechanism for securing technical assistance and any avaifable funding from
federal, state, and other sources to implement the Sa/mon Habitat Plan.
2.8 To provide a mechanism for implementing other habitat, surface and groundwater quality,
water quantity 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 VI/R/A 9
Watershed Forum.
2.9 To annually recommend projects f& grant funding by the King Conservation Distcict ,
through the King Conservation DistricYs Forum grant program distribution. . '
2.10 To annually recommend projects for implementation of planning, engineering, permitting
and construction tasks for the Green/Duwamish Ecosystem Restoration Projects in
partnership with the U.S. Army Corps of Engineers.
2.11 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 implsmentation, 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 ofi such Party to this Agreement.
2.12 To provide a mechanism to approve and support, through resources, funding from grant
sources or other means, implementation of restoration and protection projects and
programs.
2.13 To provide a mechanism for on-going monitoring and evaluation of the. Salmon Habitat
Plan implementation through adaptive management as defined in the Rlan.
It is not the purpose or intent of this Agreement to create, supplant, :preempt or supersede the
authority or role of any jurisdiction, govemmental entity or water quality policy bodies including
the Regional Water Quality Committee.
3. EFFECTNE DATE AND TERM. This Agreement shall become 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 within the geographic area of WRIA 9, asauthorized by
the legislative body of each local govemment, and further provided that after such signatures fhis
Agreement has been filed by King County in accordance with the terms of RCW 39.34.040 and
: :200. Once effective, this Agreement shall remain in effect for an initial term of nine,(9) years;
provided, howevec, that this Agreement may be extended for such additional terms as the Parties
may agree to in writing with such extension being effective upon its execution by at least five (5)
WRIA 9 ILA 2007-2015 (WRIA 9 Forum recomd., mod. 8-24-06 and 10-2-06; legal review complete) Page 4
of. the eligible local govemments within WRIA 9 representing at least seventy percent (70%) of
the affected population within the-geographic area of WRIA 9, as authorized by the legislative
body of each local govemment, 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 shalt bind only those Parties executing the extension. .
4. ORGANIZATION AND MEMBERSHIP OF THE WRIA 9 WATERSHED FORUM. The Parties to
this Agreement hereby establish a'WR/A 9 Watershed Forum to serve as the formal govemance
'structure for carrying out the.purposes of this Agreement.' The WRIA 9 Watershed Forum is a
voluntary association of the county and city govemments located wholly oc partially within the
management area of or having a major interest in WRIA 9 who choose to be Parties to this
Agreement.
4.1 Each Party to this Agreement shall appoint one (1) elected official to serve as its primary
representative, and one (1) altemate representative to serve on the WRIA 9 Watershed
Forum. The altemate representative may be a different elected official or senior staff
person.
4.2 Upon the efFective execution of this Agreement and the appointment of representatives to
the WRIA 9 Watershed For[►m, the WRIA 9 Watershed Forum shall meet and choose
from among its members, according to the provisions of Section 5 herein, seven (7)
' ofricials 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 Watershed Forum. Representatives of
the Fiscal Agent and Service Provider may serve as non-voting ex officio members of
the Management Committee. The Management Commiftee shall act as the executive
subcommittee of - the WRIA 9 Watershed Forum, 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
Watershed Forum for action, consistent with other subsections of this section. The
WRIA 9 Watershed Forum shall consider new appointments or reappointments to the
Management Committee every two years following its initial appointments.
4.3 The services cost-sha-red under this agreement shall be provided to the WRIA 9
Watershed Forum by the-Service Providec, which shall be King Counfy Department of
Natural Resources and Parks, unless seleetecl ofherwise by the WRIA 9 Watershed
Forum. The ManagementCommittee shall prepare a Memorandum of Understanding fo
be signed by a representative of the Service Provider, and a representative of the WRIA
9 Watershed Forum, which shall set out the expectations for services so provided.
Services should inclucie, without limitation, identification of and job descriptions for
dedicated staff in increments no smaller than 0.5, Full Time Equivalent, description of any
WRIA'9 ILA 2007=2015 (WRIA 9 Forum recomd., mod. 8-24-06 and 10-2-06; legal review complete) Page•5
supervisory role retained by the Service Provider over any staff perfoRning services
under this Agreement, and a method of regular consultation between the Service
Provider and the Managemenf. Committee conceming the performance of services
hereunder. ,
4.3.1 A subset of the 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 a representative of
the WRIA 9 Watershed Forum, which shall set out the. expectations for ttie additional services so provided to the subset of Parties to this Agreement.
4.4 The WRIA 9 Wafershed Forum; by September 1 of each year, shall. establisfi andapprove an annual budget that provides for the level of funding and total resource
obligations of the Parties for the following calendar year. Such o6ligations are to be
allocated on a proportional basis based on the average of the population, assessed
valuation-and area attributable to eacti Party to this Agreement, in accordance wi4h the
: formula set forth in Exhibit A, which formula and accompanying data shall be updated by
the WRIA 9 Watershed Forum when more current data become available. Tacoma's
cost share will be determined on an annual basis by the Parties and will be'included in .
the annual updates to Exhibit A. The weight accorded Tacoma's vote for weighted voting
pursuanfi 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 fo'r
those members of the Parties: that agree to cost share addifional senrices
pursuant to Subsection 4.3.1 herein shall be negotiated and determined by those
Parties purchasing the additional services.
4.4.2 The WRIA 9 Wafershed Forum shall incorporate the negotiated additional cost
share and incorporate the services in its annual budget and work plan.
4.5 The WRIA 9 Watershed Forum shall oversee and administer the expenditure 'of •
,
budgeted funds and shall allocate the utilization of resources contributed by each'Party or.
obtained from other sources in accordance with the approved annual work program:
4:6 The WRIA 9 Watershed Forum shall review and evaluate, the duties to be assigned to
the Management Committee hereunder. and the performance of the Fiscal Agent and .
Service Provider to this Agreement, and shall proyide for whatever, actions are
necessary to ensure that quality services are efficiently, effectively and responsibly
delivered in the performance of the purposes of this Agreement. The performance of the
Service Provider shall be assessed every three years.
WRIA 9 ILA 2007-2015 (WRIA 9 Forum recomd., mod. 8-24-06 and 10-2-06; legal review complete) Page 6
4.7 The Y!/R/A 9 Watershed Forum may contract with similar watershed fonam goveming
bodies such as the`Puget $ound Shared Salmon Strategy and 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 foc any other lawful
purpose consistent with the purposes provided for herein.
4.8 The WRIA 9 Watershed Forum 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 Watershed Forum shall make decisions, approve scopes of work,
budgets, priorities, and any otfier: 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 ,
agreement ofinembers cannot be reached then the Parties to this.agreement may reach
consensus by a majority recommendation with a minorityreport. Any Party who does not
accept a majority decision may request weightecl voting as set forth below.
5.2 In the event consensus cannot be achieved; as determined by rules and procedures
adopted by the WRIA 9.Watershed Forum, the WRIA 9 Watershed Forum shall take
action on a dual-majority basis, as follows: -
5.2.1 Each Rarty, through its appointed representative, may cast its weighted vote in
connection`.with a proposed WRIA 9 Watershed Forum action.
5.2.2 The weighted vote of each Party in relation to the weighted votes of each of the
other Parfies 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 faken.
5.2.3 For any action. subjecf to weighted voting to, be deemed approved, valid and
binding, an affirmative vote must be cast by both a majority of the Parties to this
Agreement and by a majority of the. weighted votes. of the Parties to this
Agreement. A vote of abstention shall b,e recorded as a°no" vote.
6. IMPLEMENTATION OF THE SALMON HABITAT PLAN. .The Salmon Habitat P/an shall be
implemented consistent with the following:
6.1 The WRIA 9 Steering Commit#ee, which shall be appointed by the WRIA 9 Watershed
Forum, shall be an;, adyisory body responsible for making recommendations for
implementing the Salmon Habitet Plan to the WRIA 9 Watershed Forum, including
substantive plan amendments recommended as a result of adaptive management; The
WRIA 9 Steering Committee shall provide infoRnation to the WRIA 9 Watershed
WRIA 9 ILA 2007-2015 (WRIA 9 Forum recomd., mod. 8-24-06 and 10-2-06; legal review complete) . Page 7
Forum regarding progress in achieving the goals and objectives of the Salmon Habitat
Plan. Recommendations of the WR/A 9 Steering Committee are to be consistent with
,
the purposes of this Agreement. The WRIA 9 Watershed Forum may authorize
additional advisory bodies to the WRIA 9 Steering .Commrtfee, such as an adaptive
management work group.
6.2 The WRIA 9 Watershed Foreim shall act, to approve or remand any substantive changes
to the Salmon Habitat Plan based upon recommendations by the WRIA 9 Steering
Committee 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 Ha_bitat Plan
changes are not so approved, the recommended changes shall be retumed to the WRlA
- 9 Steering Committee for further consideration and amendment and thereafter retumed
to the WRIA 9 Watershed Forum for decision.
6.3 The WRIA 9; Watershed Forum shall determine when ratification is needed of
substantive changes to the Salmon Habitat Plan by the Parties. 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 ordinance of the. local govemmenYs legislative body, by at least
five Parties representing at least seventy percent (70%) of the total population witfiin fhe
- geographic planning and management area ofiWRIA 9. -
6.4 Upon remand for consideration of any portion or all of the Salmon Habitat P/an by any
regional, state or federal agency the WR/A 9 Watershed Forum shall undertake a
review for consideration of the remanded porfion or plan. The Vt/R/A 9 Wafers6ed
• Forum may indude further referral to the WRIA 9 Steering Committee for
recommendation oramendments thereto.
- 6.5 The Parties agree that any changes to the Salmon Habitat P/an shall not be forwarded
separately by any Party to any regional, state or federal agency untess 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 its individual obligations hereunder as
established in the annual budget adopted by the WR/A.9 Watershed Forum under this
Agreement, including all such obligations related to the WRIA 9 Watershed Forum and
WRIA 9 Steering Committee funding, technicat support and participation in related
planning and implementation of projects, and activities as set forth herein. It is
anticipated that separate actions by the legislative bodies of the Parties will be necessary
, from time to time in order to carry out these obligations.
• 7.2 The maximum funding responsibilities imposed upon the parties duringeach year of this
Agreement shall not exceed the amounts that are established annually pursuant to
Section 4.4 herein.
WRIA 9 ILA 2007-2015 (WRIA 9 Forum recomd., mod. 8-24-06 and 10-2-06; legal review complete) Page.$
7.3 No lafer than September 1 of each year of this Agreement, the WR/A 9 Watershed
Forum shall adopt a budget,, including its overhead and administrative costs, for the
following calendar year. The budget shall propose the,level of funding and other (e.g., '
' staffng) responsibilities of the individual parties for the*following calendar year and shall
propose the levels of funding and resources to be allocated to specific prioritized planning
and iinplementation activities within WRIA 9. The Farties shall thereaftertake 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 Watershed
Forum shall be maintained in a special fund by King County as Fiscal Agent and as ex
officio.treasurer on behalf of the WR/A 9 Wafershed Forum pursuant to rules and
procedures established and agreed to by the WR/A 9 Watershed Forum. 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.
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 govemment 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 Rarty 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 goveming decisions of the WRIA 9 Watershed Forum shall not apply to this
section. The Parties of the Agreemenf and any govemments seeking to become a Party shall
jointly determine the terms and conditions under which a govemment may become a new Party.
The terms and conditions shall include payment of an amount by the new Party to the WRIA 9
Watershed Forum. The amount of payment is determined jointly by the existing.Parties of the
WRIA 9 VI/atershed Forum and the new Party. The payment of the new Party is to be a fair end
proportionate share of all costs associated with activities undertaken by the WR/A 9 Watershed
Forum as of the date the government becomes a new Party. Any govemrrient that becomes a
Party pursuant to this section shall thereby assume the general rights and responsibilities of all
other Parties.
9. TERMINATION.
9.1 The obligations of any Party _ under this Agreement may be terminated by the Party,
through action of its goveming body, only. upon sixty (60) days' written notice to the other
Parties by not later than November 1 for termination effective January 1 of the following
year., The terminating Party shall remain fully responsible for meeting all of its funding
and other obligations through the end of the calendar year in which such notice is given,
WRIA 9 ILA 2007-2015 (WRIA 9 Forum rernmd., mod. 8-24-06 and 10-2-06; legal review complete) Page 9
together with any other costs that may have been incurred on behalf ofi such terminating
` Party up to the effective date of such termination. It is expected that the makeup of the
Parties to this Agreement may change from time to time. Regardless of any such
changes, the Parties choosing not to exercise the right of termination shall each remain
obligated to only meet their respective share of the obligations of the WRIA 9 Watershed
Forum as reflected in the annual budget. The shares of any ferminating Party shall not .
be the obligatiorr 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.
10. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by state law as to city
and countygovemments, and federal law as governing to tribes, and for the limited purposes set
forth .in #his Agreement, each Party shall protect, defend, hold harmless and indemnify the other
•
Parties, their officers, elected officials, agents and employees, while actin9 within the scope of .
their employmenfi 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 c.laim, 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 attomeys' fees, to enforce the provisions of this Section, all, such fees,
expenses, and costs shall be recoverable from the responsible Party to the extent of that. Party's
culpability. The provisions of this Section shall survive and continue to be applicable to Rarties -
exercising the right of termination pursuant to Section 9 herein. 11. NO ASSUMPTION OF LIABILITY. In no event do the Parties to this Agreement intend to assume
any responsibility, risk or lia6ility of any other Party to this Agreement or othenrvise with regard to '
any Party's duties, responsibilities or liabilities under the Endangered Species Act, or any other
act, statute, regulation or ordinance of any local municipalityor government, the State of
Washington, or the United States.
12. VOLUNTARY AGREEMENT. This Agreement is voluntary and is acknowledged and agreed that `
no Party is committing to adopt or implement any actions or recommendations that. may be
contained in the Salmon Habitat Plan. ,
13. NO PRECLUSION OF ACTIVITIES OR PROJECTS. Nothing herein shall preclude any one or
more ofi the Parties from choosing or agreeing to fund or implement any work, activities or
projects associated with any of the purposes hereunder by separate . agreement or action,
WRIA 9 ILA 2007-2015 (WRIA 9 Forum recomd., mod. 8-24-06 and 10-2-06; legal review rnmplete) Page 10
liability on the part of the WRIA 9 Wafershed Forum or any of the Parties, or their officers, .
etected officials, agents and employees, to anythird party.
15. AMENDMENTS. This Agreement may, be amended, altered or clarified only by the unanimous
consent of the Parties to ttiis Agreement, and requires authorization and approval by each Party's
, goveming body. ~
16. COUNTERPARTS. This Agreement` may be executeci in counterparts.
17. APPROVAL BY PARTIES' GOVERNING BODIES. The goveming body of each Party must
approve this Agreement 6efore any representative of such Party may sign this Agreement.
18. FILING OF AGREEMENT. This Agreement shall be filed 6y 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 Agreemenf among the Parties, and
supersedes aIP prior negotiations, representations, and agreements, oral or othenivise, 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 ALG A
By: ~ By: ' .
Title: ~ UkA Title: mw0e-
I-A
Date: °k' 00 Date: 1\- 417 OLD
Approved as to form: CITY OF AUBURN
By: By:
Title: Title:
Date: Date:
Page11
;
ApProved as to form: . CITY F A
B}I • ' By;
i
Title`. Title:
. .---T . , . .
Date: oate: DEC - 4 2006 -
: , ,
Approved as to form: CITY OF BLACK DIAMOND
By: By:
Tit1e: ; Title: :
Date: . Date: _
I
: Ap
Proved as to form: CITY OF BURIEN , . - . ;
By: By:
Title: Title:
' Date: Date: . ,
Approved as to form: CITY OF COVINGTON By: By: .
Title: Title: _
Date:
Date:
WRIA 9 ILA 2007-2015 (WRIA 9 Forum recomd., mod. 8-24-06 and 10-2-06; legal review complete) Page 12-
Approved as to form: CITY OF AUBURN
By: - By:
Title: Title:
Date: . Date:
Approved as to form: CITY OF BLA K DIAMOND
By: BY: ~
Title: Title:
Date: Date:
Approved as to form: CITY OF BURIEN
By: BY: _
Title: Title:
Date: Date:
Approved as to form: CITY OF COVINGTON
By: BY:
Title: Title:
Date: Date:
WRIA 9 ILA 2007-2015 (WRIA 9 Forum reeomd:, mod. 8-24-06 and 10-2-06; legal review complete) . Page 12
Approved as to form: CITY OF AUBURN „
By: By:
Title: Title: `
Date: Date:
Approved as to form: CITY OF BLACK DIAMOND
By: By:
Title: Title:
Date` Date:
Approved as to form: CITY OF BURIEN
By: z By: Title: Title: f I vlu►,a -4 Adw (ti 5W•0 ier-c4r
Date: ~U' 9~06 Date: I O.'C~ ~~O
Approved as to form: CITY OF COVINGTON .
By: By:
Title: Title:
Date: Date: '
WRIA 9ILA 2007-2015 (WRIA 9 Forum recomd., mod. 8-24-06 and 10-2-06; legal review complete) Page.12
Approved as to form: CITY OF AUBURN
,
By: ` . . By: Title: Title: .
Date: Date:
Approved as to form: CITY OF BLACK DIAMOND
By: By:
Title: TiUe:
Date: Date:
Approved as to form: CITY OF BURIEN
, By: By:
TiUe: Title:
Date: Date:
Approved as to form: CITY OF COV, INGTON
'gy. gy;
Tide: A-ss -t . c^ 114+o~ ~ ey Title: i? ~ ~ 1q~~L(e1~"
.J
Date: t k Olo - Date:
WRIA 9 ILA 2007-2015 (WRIk-9 Forum reoDmd., mod. 8-24-06 and 10-2-06; legal review complete) - Page 12
Approved as to form: CITY OF DES MOINES
By: By: "
Title: 4,4 A Title: ~
Date: Date: ! /
Approved as to form: CITY OF ENUMCLAW
By: By:
Title: Title:
Date: Date:
Approved as to form: CITY OF FEDERAL WAY
By: sy:
Title: Title:
Date: Date:
Approved as to form: CITY OF KENT
By: By:
Title: Title: Date: Date:
WRIA 9 ILA 2007-2015 (WRIA 9 Forum recomd., mod. 8-24-06 and 10-2-06; legal review complete) Page 13
Approved ast_o form: CITY OF DES MOWES ,
By: By: -
Title: Titie:
Date: Date:
Approved as to form: • CITY OF ENUMCLAW
/
. By: Bv:
Title: Title:
Date: Date:
Approved as to form: CITY OF FEDERAL WAY
By: BY:
Title: Title: .
Date: . Date:
Approved as to form: CITY OF KENT
By: BY:
Title: Title:
Date: Date:
WRIA 9 ILA 2007-2015 (WRIA. 9 Forum recomd., mod. 8-24-06 and 10-2-06; legal review complete) Page 13
Approved as to form: CITY OF DES MOINES
By: By:
Titie: Title:
Date: Date:
Approved as to form: CITY OF ENUNICLAW
By: By: _
Title: Title:
Date: Date:
Approved as to form: CITY OF FEDERAL WAY
By; F-me By:
t~ATR: A ft. R-~Cr~ SoN , ; .
Title; ~ITt A-M12NE`I Title: ~••u , '
pafe: ) 2 I l2l O lo Date'_ ! ~
Approved as to form: CITY OF KENT
By: By:
Title: Title: : Date: Date:
WRIA 9 ILA 2007-2015 (WRIA 9 Forum recomd., mod. 8-24-06 and 10-2-06; legal review complete) Page 13
Approved as to form: CITY OF DES MOINES
By: BY:
Title: Title:
Date: - - Date:
Approved as to form: CITY OF ENUMCLAW
By: BY:
. Title: Title:
Dafe: Date:
- ApprovecJ as fo form: CITY OF FEDERAL WAY
By: BY:
Title' TiUe:
Date: Date:
ApproVed as to form: CITY OF KENT
By: BY: _
,
Title: Title:
Dafe: vGl, i Date: ~ Jo r~
WRIA 9:ILA 2007-2015 (WRIA 9 Fonim remmd., mod. 8-24-06 and 10-2-06; legal review complebe) Page 13
Approved as to`form: KING COUNTY
By: BY: ~
Title: Title:
Date: A~ f Date: fl
Approved as to form: CITY OF MAPLE VALLEY
By:, BY:
Title: Title:
Date: Dafe:
APproved as to form: CITY OF NORMANDY PARK By: By:
Title: - Title:
Date: Date: ,
- Approved as to form: CITY OF RENTON By: By: . .
, Title: Title:
Date: Date:
, .
WRIA 9 ILA 2007-2015 (WRIA 9 Forum recomd., mod. 8-24-06 and 10-2-06; legal review complete) Page 14
Approved as to form: KING COUNTY
By: By:
Title: Title:
Dafe: Date:
ApproVed as to form: CITY OF MAPLE VALLEY
By: By:
Title: Title: C~7v ~'laaa~~l
Date: Date: 3Z o• D~ -
Approved as to form: CITY OF NORMANDY PARK
By: BY: Title: Title:
Date: Date:
Approved as to form: _ CITY OF RENTON
. By: BY:
Title: Title: Date: Date:
WRIA 9 ILA 2007-2015 (WRIA 9 Forum recomd., mod. 8-24-06 and 10-2-06;: legal review complete) Page 14
481 Approved as to form: KING COUNTY
482
483 By: BY:
484
' 485 Title: Title:
486 487 Date:, Date:
488
489
490 Approved as to form: CITY OF MAPLE VALLEY
491
492. By:. BY:
493 .
494 Title: Title:
.
495
496 Date: Date: ,
497
498
499 Approved as to form` CITY OF NORMANDY PARK „
500
501 By:, AOAA El ~rJIAA BY:
502
503 Title' Title:
504 '
505 Dafe: Z0 0Date:
506
507
50$ Approved as to rorm: CITY OF RENTON
509 530 By: BY:
511
512 Title: Title: ,
513 ^
514 Date: Date:
515
516
WRIA 9 ILA 2007-2015 (WRIA 9 Forum recomd., mod. 8-24-06 and 10-2-06; legal review complete) Page 14-
Approved as to form: KING COUNTY
By: gy: .
Tifle: Title: :
Date' Date:
Approved as to form: CITY OF MAFLE VALLEY
By: gY:
Title: Title:
Date: - Date:
Approved as to form: CITY OF NORMANDY PARK
By: gY:
Title: Title:
Date: Date:
Approved as t . CITY OF RENTON
. By: By:
Title: City Attorney Title: ~M yor
Date: a00(o Date: ~a2-~9 aoo6
actesc:
. Bounie I. Walton, City CleTlc. •
WRIA 9 ILA 2007-2015 (WRIA 9 Forum recomd., mod. 8-24-06 and 10-2-06; legal review complete) Page 14
_ U ,
Approved as.to form: CITY OF SEATAC
By: BY:
,
Titie:YI Title: Craig R. Ward, City Manager
/
Date: Date:. ~
Approved as to form: CITY OF SEATTLE dlaw
By: . BY:
.
Title: Title: _ •
~ Date: Date:
,
Approved as to form: CITY OF TACOMA
.
By. BY
Title: Title: - ' .
Date: Date:
Approved as to form: CITY OF TUKWILA
By: BY=
Title: Title: _
Date: Date: ,
i WRIA 9 ILA 2007-2015 (WRIA 9 Forum recomd., mod. 8-24-06 and 10-2-06; legal review complete) Page 15
517 Approved as to form: CITY OF SEATAC
518 519 By: By:
520 -
521 Title: Title:
522
523 Date: Date:
524 ,
525
526 Approved as to form: CITY OF SEATTLE
527
528 By: By:
529
530 Title: , Title~~~
531
532 Date: - Date: l0
533
534
535 Approved as to form: CITY OF TACOMA
536 537 By: By:
538
539 _ Titie: Title:
540 .
541 Date: Date:
5_42
54`3
544 Approyed as to form: CITY OF TUKINILA
545
546 -By: BY:
547.
548 Title: Title:
549
550 Date: Date:
' WRIA 9 ILA 2007-2015 (WRIA 9 Forum recomd., mod. 8-24-06 and 10-2-06; legal.review complete) Page 15
Approved as to fonn: CITY OF TACOMA
~
By: ~ By:
Title: Ass~ Title: l14matictotc
Date: 1~-~• Date: 0 i AAS o7
Approved as`to form: CITY OF TUKWILA
By: By: ,
Title: Title: . Date: Date:
WRIA 9 ILA 2007-2015 Page 20
IN. WITNESS WHEREOF the parties have executed this Agreement as of
the day and.year first above written..
.
CITY OF TACOMA
See previous. paqe
Eric Anderson; City Manager
Countersigned: -
Steven A. arcotte, Director
Finance Department
~ ` -
Mark Crisson, Director .
Tacoma Public Utilities
-
, John irner, Wafer Superintendent
Attest: -
`4~ t - 02.o3 .-O' . .
Doris Sorum, City %Clerk
Deb6ie Dahlsfrom, Risk Manager :
Approved as to form`and legality:
See previous page:
Anne Spangler, Assistant City Affomey oRIGI~AL
Approved as toform: GITY OF SEATAC
By: BY= ,
Title: Title:
Date: Date: _ Approved as to form: CITY OF SEATTLE
By: BY:
Title: Title:
Date: Date: •
Approved as toform: CITY OF TACOMA '
By: BY`
Title: Title: `
Date: Date: .
Approved as to form: CITY OF TUKVVILA
,
By: B
v:
Title: G:1-~ Title: .
Date:. Z- j 3- 07 Date: S O
WRIA 9 ILA 2007-2015 (WRIA 9 Forum recomd., mod. 8-24-06 and 30-2-06; legal review complete) Page 15
Exhibif A Recommended by the WRIA 9 Watershed IForum 5-24-06
Regional INatershed ,Funding
:20071IVF?IA 9 Cost Shates .
Municipal
, Cost
WRIA 09 Population (Pop) Assessed Value (AV) Area Share WRIA 09
KinQ Co. Portion Kina Co. Portion
1 Algona 0.3% 0.1 % 0.1 % 0.2%. $663 1 Algona
2. i4uburn. 5.9% 3.9% 3.8% 4:5% $16,698 2 Aubum
3 Black Diamond 1.1% 0.6% 1,9% 1.2% $4,354 3 Black Diamond
- 4.Burien 4.0% 4.4% 2.1 % 3:5% $12,907 4 Burien
5 Covington 2.5% 1.7% $7,251 5 Covington
6 Des Moines 4.4% 2.6%. 1:9% 3:0% $10;931 6 Des Moines
7` Enumclaw 1.6% 0:6% 0.6% 0.9%, $3;337 7 Enumclaw
8 Federal Way 6':8% 4:5% 3:2% 4.9% $17,851 8 Federal Way
9: Kent 13.0% 10.1 % 8.0% 10.4% $38,155 9 Kent
10 King County 26,4% 14.1 % 58.9% 33.1 % $121,938 10 King County
11 IVlaple Valley 2.6% 1.5% 1.2% 1.8% $6,478 11 Maple Valley
12 Normandy Park 1.8% 1.2% 0:7% 1.2% $4,552 12 Normandy Park
13 Renton 2.9% 2.9% 1.8% 2.5% $9,336 13 Renton
14 SeaTac 4.4% 5.5% 2.9% 4.3% $15,692 14 Sea-Tac
15 Seattle 19.3% 43.6% 8.6% 23:8% $87,720 15 Seattle
16 Tukwila 3:1% 2.7% 2.6% 2.8% $10,232 16 Tukwila
Sub-Total' [ $368, 058 King Co. Sub-Tota1
' 100:0% $368,058 SUBTOTAL
+ Tacoma 16 980
$385,038 TOTAL
NOl'E: King County land area excludes the Upper Green River basin.
Revision November 20, 2006
WRIA91LACost Allocation2007datedl1-20-06