HomeMy WebLinkAbout5159 RESOLUTION NO. 5 1 5 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
TO EXECUTE AN INTERLOCAL AGREEMENT (ILA)
AMONG THE PAF2TICIPATIIVG JURISDICTIONS WITHIN
THE GREEN RIVER, DUWAMISH RIVER AND CENTRAL
PUGET SOUNDS WATERSHEDS WITHIN THE
GEOGRAPHIC PLANNING AREA OF WATER 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 parties;
and
WHEREAS, since 2000, the City of Aubum has been entering into interlocal
agreements or amendments or extensions thereto for participation in WRIA 9 for the
purposes described therein, more specifically authorized through the approvals of
Resolution Nos. 3276 (November 6, 2000), 3376 (August 6, 2001), 3921 (October 17,
2005) and 4118 (December 4, 2006); and
WHEREAS, the current WRIA 9 ILA expires on December 31, 2015; and
WHEREAS, at its meeting on May 14, 2015, the WRIA 9 Watershed Ecosystem
Forum (WEF) unanimously approved a final WRIA 9 ILA for 2016-2025 for
consideration by each WRIA 9 city and county; and
WHEREAS, the City of Auburn wishes to continue participating with neighboring
jurisdictions on matters beneficial to 4he 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
Resolution No 5159
July 20, 2015
Page 1 of 3
WHEREAS, through its continued participation in the ILA attached hereto, the
City of Auburn will address shared interests in and responsibilities with neighboring
jurisdictions pertaining to long-term watershed planning and conservation of the aquatic
ecosystems and flo.odplains of the Green River, Duwamish River, and Central Puget
Sound Watersheds through collectively providing for planning, funding and
implementa4ion of various activities and projects therein; and
WHEREAS, the cost-share of the City's participation in WRIA 9 is identified in the
2016-2025 interlocal agreement attached hereto with a 2016 cost-share of $22,686.00
that has been previously appropriated by the City Council in its approval of the City of
Auburn 2015-2016 Biennial Budget; and
WHEREAS, future costs for the City's participation for the years 2017-2025 will
be addressed through the City Council's future approval of biennial City budgets.
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 interlocal
agreement (ILA) between the City and the other participating jurisdictions within the
WRIA 9 (Green/Duwamish and Central Puget Sound basin) in a form in substantial
compliance with the agreement attached hereto as Exhibit "A" and the Mayor is further
authorized to negotiate the amounts of future year contributions on behalf of 4he City
during the term of the ILA.
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
-------------------------
Ftesolution No. 5159
July 20, 2015
Page 2 of 3
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this 3�day of , 2015.
CITY OF AUBURN
ANCY US, AYOR
ATTEST:
� �A1Q.�('9LJ
Da ielle E. Daskam, City Clerk
APPROVED AS TO FORM:
niel B. . ' , City Attorney
---------------------------
Resolution No. 5159
July 20, 2015
Page 3 of 3
Exhibit A
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 Agreemerit that are located in
King County or Pierce County, lying wRolly or partially within or h_aving a major interest in ;he
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 N)RIA 8,
10, and 15, ("WRIA 9") all political subdivisions of the State of Washington (individually, for those
signing this agreement, "Party', antl 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 responsibiliry for addressing long-term
watershed planning and conservation of the aquatic ecosystems and floodplains of the Green
River, Duwamish Ri4er, and Central Puget Sountl Wate�slieds and wish to collectiJely provide for
planning, funding and implementation of various activities and projects therein; and
WHEREAS;the PaRies have participated in an Inferlocal Agreement for the years 2001-
2005 to develop "Making Our Watershed Fit for a King" as approved in 2005 and since amended
("Salinon Habitat Plan"), contributed ro the federally-approved Puget Sound Salmon Recovery
Plan, and desire to continue proyiding effcient participation in the implementation of such plans;
and
WHEREAS, the Parties took formal action in 2005 and 2006 to ratify the Sa/mon Habitat
Plan, and
WHEREAS, the Par[ies have participated in an eztension of the 2001-2005 Interlocal
Agreement and an Interlocal Agreement for the years 2007-2015 in implementing the Salmon
Habitat Plan; and
WHEREAS, th:e 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 prograins to protect and restore habitat; and
ILA_WRIA9_2016-2025_OS-14-2015.docx Page l
WHEREAS, the Parties wish to monitor and e4aluate implementa6on of the Salmon
Habitat Plan th�ough adaptiJe 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 th_e 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 Watereheds to the overall health of Puget Sound; and
WHEREAS, the Parties ha4e a strong interest in participating on the Washington Salmon
Coalition anii other groups associated with the Salmon Recovery Funding Board ro collectively
seek funding to implement the Salmon Habitat Plan; and
WHEREAS, the Parties have a strong interest to implement the Puget Sound Partnership
Action Agenda to restore the Puget Sound to health and sustain that health by 2020; and
WHEREAS, the Parties haye a strong interest in participating on the Puget Sound
Salmon Recovery Council and other entities associated with Puget Sound salmon recovery and
Puget Sound South Central Action Area Caucus Group to collectively seek funding to implement
the Salmon Habitat Plan; and
WHEREAS, the Parties have a strong interest to achieve multiple benefits by integ�ating
salmon recovery planning and actions; 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 camed out separately and intlependently;and
VIIHEREAS, 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 ag�ee as follows:
MUTUAL CONVENANTS AND AGREEMENTS
1. DEFINITIONS. Fo�puryoses of this Agreement, the following terms shall have the meaning
provided for below:
1.1 ELIGIBLE COUNTY AND CITY GOVERNMENTS: The local govemments eligible for
participation in this Agreement as parties are King Counry, and the Cities of Algona,
Auburn, Black Diamond, Burien, Coving[on, 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 lnterlocal Agreement are the
Parties who sign this Agreement and are the Parties responsible for implemenGng this
ILA_WRIA9_2016-2025_OS-14-2015.docx Page 2
Agreement. The Parties to this ILA shall each desigriate a representative and altemate
representative ro the WRIA 9 Wafershed 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 Stekeholder
representatives and any other persons who are deemed by the Parties ro 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 implementlng tfie Salmon Habitai 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 Resource Inventory Area 9 Salmon
Ha6itat Plan (2005 Salmon Habitat Plan or Salmon Habitat Plan) is the plan
deyeloped tiy the WRIA 9 Watershed Ecosystem Forum and ralified by all of the
parties to an interlocal agreement for its development and implementation. The Salmon
Habitat Plan recommends actions that should b'e taken to protect and restore salmon
habitat, using an ecosystem approach, in the Green/Duwamish and Central Puget Sound
Watersheds. The Salmon Habitat Plan may be amended from time to time according to
tFie procedure in Section 6 herein and approved amendments shall be considered
integral parts of the Salmon Habitat Plan. Efforts under the Salmon Habitat Plan are
intended to complement habitat improvements in other parts of Puget Sound and
hatchery and harvest actions to recover Puget Sound Chinook salmon, steelhead, and
bull trout, and when implemented achieve multiple ecosystem benefits. The Sa/mon
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 offcials of the
Management Committee are chosen by the WRIA 9 ILA Paities, accoriling to the
voting procedures in Section 5 herein, cHarged with certain oversight and administretive
duties on the WR1A 91LA Parties'behalf.
1.6 SERVICE PROVIDER: The Service Provider, as used herein, means that agency,
government, consultant, or other entity which supplies staffng or other resources ro and
for the WRIA 9 ILA Parties, in ezchange for payment. The Service Provider may be a
Party to this Agreement.
1.7 FISCAL AGENT: The Fiscal Agent refers to that agency or govemment 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_OS-14-2015.docx Page 3
1.8 STAKEHOLDERS: Stakeholders refers to those public and private entities within WRIA
9 who reflect the diveYse interests integrel 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 bLt not limited to flood haiard 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 of applicable 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 issues during the implementation of the Salmon
Habitat Plan.
2.6 To provide a mechanism for cooperetive review and implementation of recommended
policies and regulations needed for response to listings under the Endangered Species
Act.
2.7 To provide a venue for the ongoing participation of citizens and other stakeholders in
salmon recovery and other watershed efforts and to ensure continued public outreach
effoAs 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.
2.8 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 beneft habitat, surface anC
groundwa[er quality, water quantity, Floodplain management, and flood hazard reduction
projects with other local, regional, tribal, state, federal and non-proft funds as may be
contributed to or secured by the WRIA 9 /LA Parties and Watershed Ecosystem
Forum.
2.10 To annually recommend WRIA 9 administretive support, projects, and progrems for
funding by the King Counry Flood Control District through the DistricYs Coope�ative
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_2016-2025_OS-14-2015.docx Page 4
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 Par[y 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 mech:anism for on-going monitonng and adaptive management of the
Salmon Habitat Plan as defined in the Plan and agreed to by the WRIA 9 ILA PaRies
and Wafershed Ecosystem Forum.
It is not the purpose or intent of this Agreement to create, supplant, preempt or supersede the
auth_ority or role of any jurisdiction, governmental entity or water quality policy bodies including
the Regional Water Quality Committee.
3. EFFECTIVE DATE AND TERM. This Agreement shall become effective upon its execution by at
least five (5) 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
[he legislative body of each local govemment, and further provided tliat after such signatures this
Agreement has been filed by King Counry 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 ten (10) years;
provided, howeyer, that this Agreement may tie extended for such additional terms as the Parties
may agree to in writing with such extension_being effective upon its ezecution 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, as authorized by the legislative
body of each local government, and fuRher provided that after such signatures this Agreement
has been filed by King County in acco�dance 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 Forwn. The alternate representative may be a different
elected offcial or senior staff pe�son. Tacoma's representatiJe shall be the Tacoma
Water Supenntendent or designee, which designee shall be a senior staff position.
4.2 Upon the effective execufion 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_OS-14-2015.docx Page 5
provisions of Section 5 herein, seven (7) officials or their designees, to serve as a
Management Committee to oJersee and direct the scope of work, funds, and personnel
- - .._
agreed to and contributed under this Agreement, in accordance wi[h 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 offcio 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 prbviding recommendations on
administrative matters to the WR/A 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 lwo years following its initial appointments..
4.3 The seryices cost-shared untler this agreement sFiall be provided to the WRIA 9 ILA
Parties and the Watershed Ecosystem Forum by the Service Provider, which shall
be King County Department of Natural Resources and Parks, unless selected otherwise
by the WRIA 91LA Parties. The.Management Committee shall prepare a Memorandum
of Understanding to be signed by a representative of the SerJice ProJider, and tRe
Chair of the WRIA 9 Management CommiKee:, and this Memorandum of Understanding
shall set out the expectations for services so provided. Services should include, without
limitation, identification of and job descriptions for dedicated staff, description of any
supervisory role retained by the Service ProJider over any staff performing services
under this Agreement, and a metfiod of regular consultation between tFie Secvice
Provider and the Management Committee conceming the performance of services
hereunder.
4.3.1 A subse[of the Parties to this Agreement may purchase aniJ 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 Undefstanding to
be signed by a representative of the Ser4ice Provider, and the Chair of tlie
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 buiiget that provides for the level of funding and total resource oblig8tions of the
Parties for the following calendar year. Such obligations are to be allocated on a
proportional basis based on the averege 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 fortnula and accompanying data sFiall be updated every third year by the
ILA_WRIA9_2016-2025_OS-14-2015.docx Page 6
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 wouid 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 ro Section 5 herein shall
correspond to Tacoma's cost share for each year relatiJe to the cost shares contributed
by the other Parties.
4.4.1 The level of funding, rotal resou�ce obligations, and allocation of obligations for
those members of the Parties that agree to cost share additional services
pursuant ro Subsection 4.3.1 herein shall be negotia[ed and deterrnined tiy those
Parties purchasing the additional services.
4.5 The WRIA 9 ILA Parties shall incorporate [he negotiated additional cost share and
incorporate the services in the annual budget and work plan. The WRIA 9 ILA Parties
shall oversee and administer the expenditure of budgeted funds and shall allocate the
utiliza[ion of resources contributed by each Party or obtained from other sources in
accordance with the approved annual work prog�am.
4.6 The WRIA 9 ILA PaRies shall reyiew 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 provide for whatever actions are
necessary to ensure that quality services are e�ciently, effectively and responsibly
delivered in the performance of[he purposes of this Agreement. The performance of the
Service Provider shall tie assessed every year.
47 THe Parties ro the WRIA 9 Interlocal Agreement may contrect with similar watershed
forum governing bodies such as the Puget Sound Partnership or any otherentities 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 IimitaGon a nonprofit corporation or general partnership, to accept
private gifts, grants or financial contritiutions, or for any other lawful purpose consistent
with the purposes pro4ided for herein.
4.8 The WRlA 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 Paities 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
ILA_WRIA9_2016-2025_OS-14-2015.docic Page 7
agreement of inembers cannot be reached then [he Parties to this agreemen[may reach
consensus by a majonry recommendation with a minoriry report. Any Party who does not
accept.a majoriry 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 detertnined by the percentage of the annual contribution
made 6y 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 affirtnative vote must be cast by both a majority of the Parties to tliis
Agreement and 6y a majority of tHe weighted Ootes of the Parties to this
Agreement.
6. IMPLEMENTATION and ADAPTIVE MANAGEMENT OF THE SALMON HABITAT PLAN. The
Salmon Habitat Plan shall be implemented consistent with the following:
6.1 The WR1A 9 Watershed Ecosystem Forum shall provide information to the WRIA 9/LA
Parties regarding progress in achieving the goals and objectives of the Salmon Habi[at
Plan. Recommendations of the WRIA 9 Watershed Ecosystem Forum are to be
consistent with the purposes of this Agreement. The WRIA 9 ILA Parties may authorize
additional advisory bodies to the WRIA 9 Watershed Ecosystem Forum such as a
technical committee and adaptive management work group, The Watershed Ecosystem
Forum shall develop and approve operating and voting procedures for its deliberations,
but such procedures do not affect the voting provisions contained in this Agreement for
lhe WRIA 9 ILA Parties.
6.2 TFie WRIA 91LA Pa{ties shall act to approve or remand any substantiye 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, accoriiing
to the 4oting procedures of Section 5 herein. In the event that the Salmon Habitat Plan
changes are not so approved, the recommended changes shall be retumed to the WRlA
9 Watershed Ecosystem Forum for fuRher consideration and amendment and
thereaker returned to the WRIA 9 ILA Parties for decision.
6:3 The WRIA 9 ILA Parties shall dete�mine 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_OS-14-2015.docic Page 8
oriiinance of the local governmenYs legislative body, by at least five Parties representing
at least seventy percent(70%) of the Sotal population within the geogrephic planning and
management area of WRIA 9.
6.4 Upon remand for consideration of any portion or all of th:e changes to the Salmon
Ha6itat 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 Ecosysfem Forum
for recommendation or amendments thereto.
6.5 The Parties agree that any changes to the Salmon Habitat Plan shall not be fonvarded
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 its individual obligations hereunder as
established in the annual budget adopted by the WRIA 9 ILA Parties under this
Agreement, including all such obiigations related to the WRIA 9 ILA Parties and WRIA 9
Watershed Ecosystein Forum 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 will be necessary
from time to Gme in order ro carty out tHese obligations.
7.2 The maximum funding responsibilities imposed upon the paRies during each year of[his
Agreement shall not exceed the amounts that are established annually pursuant to
Section 4.4 herein.
7.3 No later than September 1 of each year of this Agreement, the WRIA 911A Parties shall
adopt a budget, including its overhead and administrafive costs, for the following calendar
year. The budget shall propose the level of funding and other (e.g., staffing)
responsibilities of the individual paRies for the following calendar year and shall propose
the levels of funding and resources to be allocated to specific prioritized planning and
implementafion actiyities 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 ro 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 lo 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 administretion and operation.
ILA_WRIA9_2016-2025_OS-14-2015.docx Page 9
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 othenvise goveming decisions of the WRIA 9 /LA PaRies shall not apply to this section.
The Parties of the Agreement and any governments seeking to become a Party shall jointly
detertnine the tertns and conditions under which a government may become a new Party. The
tertns and conditions sHall include payment of an amount 6y the new Party to th"e WRIA 9 Fiscal
Agent. The amount of payment is determined jointly by the existing WR/A 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 PaRies 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 Termination can only occur on an annual basis, beginning on January 1 of each calendar
year, and then only if the terminating Party, [hrough action of its goveming body, provides
at least si�cty (60) days' prior written notice of its intent ro terminate. 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, together with any other costs
that may have been incurred on behalf of such terminating Party up ro the effective date
of such termination. It is possible 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 ILA PaRies 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. In the event this Agreement is terminated all unexpended funds sFiall
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 retumed to the contribu[ing Party if such Party can be
identifed, and if the Party cannot b:e 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 govemments, 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
ILA_WRIA9_2016-2025_OS-14-2015.docx Page 10
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 Partys 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 eztend 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 f�om the responsible Party to the extent of that Party's
culpabiliry. The provisions of this Section shall survive and continue to be applicable to Parties
ezercising the righl 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 liability of any other Party to [his 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 local 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 agreeing to fund or implement any work, activities or
projects associated with any of the purposes hereunder by separate agreement or action,
provided that any such decision or agreement shall not impose any funding, participation or other
obiigation of any kind on any Party which is not a party ro 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 fortn 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 clanfied only by the unanimous
consent of the Parties to this Agreement, and requires authorization and approval by each PaRy's
governing body.
16. COUNTERPARTS. This Agreement may be executed in counterparts.
ILA_WRIA9_2016-2025_OS-14-2015.doac Page 11
17. APPROVAL BY PARTIES' GOVERNING BODIES. The goveming 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 terrns of Section 3 herein.
19. ENTIRE AGREEMENT. This Agreement contains [he 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 liere(o haye 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_OS-14-2015.docx Page 12
Approved o CITY OF AUBURN:
By: By:
�e � �
Title: � 1`itle: �I�yO
Date: 0 �,� Date: ��y��°�-�
ILA_WRIA9_2016-2025_OS-14-2D15.docx Page 13
Approved as to form: CITY OF BLACK DIAMOND:
By: By:
Title: Title:
Date: Date:
TLA_WRIA9_2016-2025_OS-14-2015.docx Page 14
Approved as to form: CITY OF BURIEN:
By: By
Title: Title:
Date: Date:
ILA UIRIA9_2016-2025_OS-14-2015.docx Page 15
Approved as to form: CITY OF COVINGTON:
By: ey:
Title: Title:
Date: Date:
ILA_WRIA9_2016-2025_OS-14-2015.docx Page 16
Approved as to form: CITY OF DES MOINES:
ey: By:
Title: Title:.
Date: Date:
ILA_WRIA9_2016-2025_OS-14-2015.docx Page 17
I
Approved as to form: CITY OF ENUMCLAW:
By: By:
Title: Title:
Date: Date:
ILA_WRIA9_2016-2025_OS-14-2015.docx Page 18
Approved as to form: CITY OF FEDERAL WAY:
By: Bv�
TiUe: Title:
Date: Date:
ILA_WRIA9_2016-2025_OS-14-2015.docx Page 19
Approved as to form: CITY OF KENT:
By: By:
Title: Title:
Date: Date:
ILA_WRIA9_2016-2025_OS-14-2015.docx Page 20
Approved as to form: KING COUNTY:
By: By:
Title: Title:
Date: Date:
ILA_WRIA9_2016-2025_OS-14-2015.docx Page 21
Approved as to form: CITY OF MAPLE VALLEY:
By: By:
Title: Title:
Date: Date:
ILA_WRIA9_2016-2025_OS-14-2015.docx Page 22
Approved as to form: CITY OF NORMANDY PARK:
By: By:
Title: Title:
Date: Date:
ILA_WRIA9_2016-2025_OS-14-2015.docx Page 23
Approved as to form: CITY OF RENTON:
By: By:
Title: Title:
Date: Date:
ILA_WRIA9_2016-2025_OS-14-2015.docx Page 24
Approved as to form: CITY OF SEATAC:
By: Bv�
Title: Title:
Date: Date:
ILA_WRIA9_2016-2025_OS-14-2015.docx Page 25
Approved as to form: CITY OF SEATTLE:
ey. By:
Title: Title:
Date: Date:
ILA_WRIA9_2016-2025_OS-14-2015.docx Page 26
Approved as to form: CITY OF TACOMA:
gy. ey:
Title: Title:
Date: Date:
ILA_WRIA9_2016-2025_OS-14-2015.docx Page 27
Approved as to form: CITY OF TUKW ILA:
By: BY�
Title: Title:
Date: Date:
I
ILA_WRIA9_2016-2025_OS-14-2015.docx Page 28
Exhibit A
WRIA Based Cost Share: WRIA 9
Regional Watershed Funding
For 2016 Total: $424;320
Note: Beginning with the 2017 cost_shares,junsdictional area, population, and assessed value are to be recalculated every three years or if there is a
significant annexation per the WRIA 9 intedocal'agreement for 2016-2025.
Watershed Ecos stem Forum•Approved May 14, 2015
Assessed CostS are Amount
;Population Adjusted Value (AV) Adjusted (Average of Pop, AV,
WRIA'9 Jurisdiction Po °/, Po °/, Ad'usted AV Area% Acres Area ' WRIA 9 Jurisdiction
1 Algona' 0,23% 1,543 0.19°h $197,378,600 0.16% 363.06 0.19% $784 1 Algona
2 Auburn' 6:06% 40,956 5.06% $5,318,451,800 5.67"/0 12,55028 5.59% �$22;686 2 Auburn
3 Black Diamond 0.61% 4,120 0.57% �$595,345,385 1t95% 4,308.20 7.04% 54;219 3 Black Diamond
4 Burien 6�51% 44,006 5;10% $5,356,038,587 2:86% 6,340.17 4.82% $19,554 4 Bunen
5 Covington 2:54% 17,190 1.86% $1,954,508,239 1.70% 3,773.03 2.04�0 -
$8;252 3 Covington
6 Des Moines 4.30% 29,090 2.66% $2,792,105,100 1.78% 3,951.55 2.91% $11;817 6 Des'Moines
7 Enumclaw' i 0.65% 4,366 0:55%� $573,979,500 0.62% 1,380.31 0.61% $2,453 7 Enumclaw
8 Federal Way' 9.01% 60,918 5:06% 55,316,134,126 3.63% 8,048.27 5.90% $23,925 8 Federal Way
9 Kent' 16:35% 110,605 12.06% $12,671,122,513 9:84% 21,781.73 12.75�a $51,698 9 Kent
10 Kin9 County' 15.04% 101,701 10.66% $11,206,469,402 53.44% 118,333.97 26.38% $106,972 10 King.County
11 Maple Valley` � 1.67% 11,299 1.77% $1,863,263,500 1!37% �3,034.15 1�.60% $6',507 11 Maple Valley
12 Normandy Park 0.95% 6,435 1.23% $1,289,320,500 0.72°h 1,59321 0.97% 53;977 12 Nortnandy Park
13 Renton• 4.47% 30,221 4:09°/a $4,299,847,610 2:75% 6,096.59 3.77% $15,291 13 Renton
14 SeaTac: 3:-78% 25,530 2i78% $2,918,228,100 1i85% 4,092.51 2.80°/a �$11,354 14�SeaTac
15 Seattle' 25.18% 170,297 42.49% $44,654,964,773 9.00% 19,919.60 25.55% $103,624 15 Seattle
16 Tukwile 2.66% 18,000 3.90% $4,096,959,014 2.65% 5,867.21 3.07% �$12;448 16 Tukwile
100.0% 676,277 100.0% $105,104,116,749 100.0% 221,433.83 100.0% $405;500 $UBTOTAL
+Tacoma �$18;820
5424,320 TOTAL
NOTES:'Cos�shares reflecl 2009 annexalions-of North Highline�to Burien"and Kent NE to KenL No annexations or incorporations have�occurred since these:two major
annexations.
DATA SOURCES:
•2007 Puget�Sound Regional Council population estimatesby census lract.
•2009 Kinq County Assessors data. Assessed value o(parcels owned by PoA of Seattle Aviation Division is exduded;from the:analysis.
•Adjusted Acres exclutles ihe�Upper Green River subwatershed from King�County's area and exdudes Port of�Seaple,Avialion 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 +°/a assessed value+%area divided�by 3=Cost Share)
W RIA9-ILA-cost-shares2016.�dsx