HomeMy WebLinkAbout5821RESOLUTION NO. 5821
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
RIVER, DUWAMISH RIVER AND CENTRAL PUGET
SOUNDS WATERSHEDS WITHIN THE GEOGRAPHIC
PLANNING AREA OF WATER RESOURCE INVENTORY
AREA 9
WHEREAS, Chapter 39.34 RCW 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 Auburn 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), 4118 (December 4, 2006) and 5159 (August 3, 2015); and
WHEREAS, the current WRIA 9 ILA expires on December 31, 2025; and
WHEREAS, at its meeting on May 8, 2025, the WRIA 9 Watershed Ecosystem
Forum (WEF) unanimously approved a final WRIA 9 ILA for 2026-2035 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 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
Resolution No. 5821
June 16, 2025
Page 1 of 3
Rev. 2024
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 floodplains of the Green River, Duwamish River, and Central Puget
Sound Watersheds through collectively providing for planning, funding and
implementation of various activities and projects therein; and
WHEREAS, the cost -share of the City's participation in WRIA 9 is identified in the
2026-2035 interlocal agreement attached hereto with a 2026 cost -share of $34,389.00 of
which $29,000 has been previously appropriated by the City Council in its approval of the
City of Auburn 2025-2026 Biennial Budget; and
WHEREAS, the future costs for the City's participation for the years 2027-2035 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, RESOLVES as follows: .
Section 1. The Mayor is 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 Attachment "A" and the Mayor is further authorized
to negotiate the amounts of future year contributions on behalf of the City during the term
of the ILA.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this Resolution.
Resolution No. 5821
June 16, 2025
Page 2 of 3
Rev. 2024
Section 3.
signatures.
This Resolution will take effect and be in full force on passage and
Dated and Signed: June 16, 2025
ATTEST:
Shawn Campbell, MMC, City Clerk
Resolution No. 5821
June 16, 2025
Page 3 of 3
CITY OF AUBURN
NANCY 9AAYOR
APPROVED AS TO FORM:
Whalen, City Attorney
Rev. 2024
Resolution No. 5821 - Attachment 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 Agreement that are located in King County or Pierce
County, lying wholly or partially within or having a major interest in the Green River, Duwamish River, and
Central Puget Sound Watersheds and within the planning and management area of Watershed Resource
Inventory Area 9, which includes portions of WRIA 8, 10, and 15, ("WRIA 9") all political subdivisions of the
State of Washington (individually, for those signing this agreement, "Party,', and collectively "Parties");
WHEREAS, the planning and management area of WRIA 9 includes all of the area recognized by
the State of Washington as WRIA 9 and portions of WRIA 8, 10, and 15;
WHEREAS, the Parties share interests in and responsibility for addressing long-term watershed
planning and conservation of the aquatic ecosystems and floodplains of the Green River, Duwamish River,
and Central Puget Sound Watersheds and wish to collectively provide for planning, funding and
implementation of various activities and projects therein; and
WHEREAS, the parties recognize their participation in this Agreement demonstrates their
commitment to proactively working to address the ESA listing of Puget Sound Chinook salmon; and
WHEREAS, the Parties have participated in an Interlocal Agreement for the years 2001-2005 to
develop "Making Our Watershed Fit for a King" as approved in 2005 and updated in 2021 ("Salmon Habitat
Plan"), contributed to the federally -approved Puget Sound Salmon Recovery Plan, and desire to continue
providing efficient participation in the implementation of such plans; and
WHEREAS, the Parties took formal action in 2005/2006 and 2021/2022 to ratify the Salmon
Habitat Plan and Salmon Habitat Plan Update, and
WHEREAS, the Parties have participated in an Interlocal Agreement for the years 2001-2005,
2007-2015, and 2016-2025 in implementing the Salmon Habitat Plan; and
WHEREAS, the Parties have demonstrated in the Salmon Habitat Plan that watershed ecosystem
services are worth billions of dollars of value to local people in terms of stormwater management, pollution
treatment, recreational value, and other expensive and difficult to replace services; and
WHEREAS, the Parties seek information on watershed conditions and salmon conservation and
recovery needs to inform local decision -making bodies regarding actions in response to listings under the
Endangered Species Act ("ESA"); and
WHEREAS, the Parties have prioritized and contributed resources and funds for implementing
projects and programs to protect and restore habitat; and
WHEREAS, the Parties wish to monitor and evaluate implementation of the Salmon Habitat Plan
through adaptive management; and
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WHEREAS, the Parties wish to continue to use adaptive management for identifying, coordinating
and implementing basin plans and water quality, flood hazard reduction, water quantity, and habitat projects
in the watersheds; and
WHEREAS, -the Parties have a strong interest in participating on the Puget Sound Salmon
Recovery Council because of the contributions of the Green River, Duwamish River, and Central Puget
Sound Watersheds to the overall health of Puget Sound; and
WHEREAS, the Parties have a strong interest in participating on the Washington Salmon Coalition
and other groups associated with the Salmon Recovery Funding Board to collectively seek funding to
implement the Salmon Habitat Plan; and
WHEREAS, the Parties have a strong interest to implement the Puget Sound Partnership Action
Agenda to restore the Puget Sound; and
WHEREAS, the Parties have 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 integrating 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
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 GOVERNMENTS: The entities eligible for participation in this Agreement as
parties are state, local, and tribal governments, state and local agencies, and special
purpose districts within WRIA 9 including: 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 other
interested public agencies and tribes that lie fully or partially within the boundaries of WRIA
9.
1.2 WRIA 9 ILA PARTIES: The Parties to the WRIA 9 Interlocal Agreement ("Party' or
"Parties") are the Parties who sign this Agreement and are the Parties responsible for
implementing this Agreement. The Parties to this ILA shall each designate a representative
and alternate representative to the WRIA 9 Watershed Ecosystem Forum.
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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 Parties and a balance of Stakeholders. The WRIA 9 Watershed
Ecosystem Forum shall be an advisory body responsible for making recommendations
for implementing the Salmon Habitat Plan including substantive plan amendments
recommended as a result of adaptive management or other changed conditions.
1.4 GREEN/DUWAMISH AND CENTRAL PUGET SOUND WATERSHED WATER
RESOURCE INVENTORY AREA 9 SALMON HABITAT PLAN: The Green/Duwamish
and Central Puget Sound Watershed Water Resource Inventory Area 9 Salmon
Habitat Plan (Salmon Habitat Plan) is the plan developed by the WRIA 9 Watershed
Ecosystem Forum and ratified by all Parties for its development and implementation. The
Salmon Habitat Plan recommends actions that should be 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 the 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 Salmon
Habitat Plan constitutes a chapter of the Puget Sound Salmon Recovery Plan.
1.5 MANAGEMENT COMMITTEE: The Management Committee as referred to herein
consists of seven (7) elected officials or their designees. The seven officials of the
Management Committee are chosen by the Parties, according to the voting procedures
in Section 5 herein, charged with certain oversight and administrative duties on the Parties'
behalf.
1.6 SERVICE PROVIDER: The Service Provider, as used herein, means that agency,
government, consultant, or other entity which supplies staffing or other resources to and
for the Parties, in exchange for payment. The Service Provider may be a Party to this
Agreement.
1.7 FISCAL AGENT: The Fiscal Agent refers to that agency or government which performs
all accounting services for the WRIA 9 ILA Parties as it may require, in accordance with
the requirements of Chapter 39.34 RCW.
1.8 STAKEHOLDERS: Stakeholders refers to those public and private entities within WRIA
9 who reflect the diverse interests integral to implementing the Salmon Habitat Plan, and
may include but is not limited to environmental and business interests.
2. PURPOSES. The purposes of this Agreement include the following:
2.1 To provide a funding mechanism and governance structure for jointly implementing and
adaptively managing the Salmon Habitat Plan.
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2.2 To serve as the salmon recovery "Lead Entity" as designated by state law (Chapter 77.85
RCW) for WRIA 9, The Lead Entity is responsible for developing a salmon recovery
strategy, working with project sponsors to develop projects, convening local stakeholders
to annually recommend WRIA 9 salmon habitat restoration and protection projects for
funding by the State of Washington Salmon Recovery Funding Board, and representing
WRIA 9 in the Puget Sound region and state wide salmon recovery forums.
2.3 To annually recommend WRIA 9 administrative support, projects, and programs for funding
by the King County Flood Control District through the District's Cooperative Watershed
Management grant program.
2.4 To provide information for Parties to inform land use planning, regulations, environmental
programs, education, and enforcement of applicable codes.
2.5 To develop and articulate WRIA-based positions on policies, legislation, and project
proposals that may impact implementation of the Salmon Habitat Plan.
2.6 To provide a mechanism for cooperative 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 community members and other
stakeholders to ensure continued public outreach efforts to educate and garner support for
current and future watershed and Endangered Species Act response efforts .
2.8 To provide a mechanism for securing technical assistance and any available funding from
federal, state, and other sources to implement the Salmon Habitat Plan.
2.9 To provide a mechanism for implementing other multiple benefit habitat, stormwater,
surface and groundwater quality, water quantity, floodplain management, and flood hazard
reduction projects with other local, regional, tribal, state, federal and non-profit funds as
may be contributed to or secured by the Parties and/or Watershed Ecosystem Forum.
2.10 To periodically 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.
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 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.
It is not the purpose or intent of this Agreement to create, supplant, preempt or supersede the
authority or role of any jurisdiction, governmental entity or water quality policy bodies including the
Regional Water Quality Committee.
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3. EFFECTIVE DATE AND TERM. This Agreement shall become effective upon its execution by at
least five (5) of the Eligible Governments 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 Party, 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. Once effective, this Agreement
shall remain in effect for an initial term of ten (10) 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) of the Eligible Governments
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 further provided
that after such signatures this Agreement has been filed by King County in accordance with the
terms of RCW 39.34.040 and .200. Such extension shall bind only those Parties executing the
extension.
4. ORGANIZATION AND MEMBERSHIP. The Parties serve as the formal governance structure for
carrying out the purposes of this Agreement.
4.1 Each Party except Tacoma shall appoint one (1) elected official to serve as its primary
representative, and one (1) alternate representative to serve on the WRIA 9 Watershed
Ecosystem Forum. The alternate representative may be a different elected official or
senior staff person. Tacoma's representative shall be the Tacoma Water Superintendent
or designee, which designee shall be a senior staff position. Party representatives shall be
responsible for maintaining the Party's status as an active party by attending WRIA 9
Watershed Ecosystem Forum meetings. A Party representative's position will be
considered vacant on the third consecutive absence and shall not be included in calculating
a quorum under Section 5.
4.2 Upon the effective execution of this Agreement and the appointment of representatives to
the WRIA 9 Watershed Ecosystem Forum, the appointed representatives of the Parties
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 Parties. Representatives of the
Fiscal Agent and Service Provider may serve as non -voting ex officio members of the
Management Committee. The Management Committee shall act as the executive
subcommittee of the Parties, responsible for oversight and evaluation of any Service
Providers or consultants, administration of the budget and work plan, and for providing
recommendations on administrative matters to the Parties for action, consistent with other
subsections of this section.
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4.3 The services cost -shared under this agreement shall be provided to the 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 Parties,
pursuant to the voting provisions of Section 5. The Management Committee shall prepare
a Memorandum of Understanding to be signed by a representative of the Service
Provider, and the Chair of the Management Committee, 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 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
services hereunder.
4.3.1 A subset of the Parties, at such subset's sole cost, 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, the subset of Parties
requesting additional services pursuant to Section 4.3.1, and the Chair of the
Management Committee, which shall set out the expectations for the additional
services to be provided to the subset of the Parties.
4.4 The Parties by October 1 of each year shall establish and approve an annual budget and
work plan 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, in accordance with the formula set forth in Exhibit A, which formula and
accompanying data shall be updated every third year by the Management Committee.
Individual cost shares may change more frequently than every three years for Parties
involved in an annexation that changes the area, population, and assessed value
calculation of such Party to the extent that the cost shares established by the formula set
forth in Exhibit A would be changed by such annexation. Tacoma's cost share will be
determined on an annual basis by the Management Committee, and will be included in
the annual updates to Exhibit A. The weight accorded Tacoma's vote for weighted voting
pursuant to Section 5 herein shall correspond to Tacoma's cost share for each year relative
to the cost shares contributed by the other Parties.
4.4.1 The level of funding, total resource obligations, and allocation of obligations for
those members of the Parties that agree to cost share additional services pursuant
to Subsection 4.3.1 herein shall be negotiated and determined by those Parties
purchasing the additional services.
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4.5 The Parties shall incorporate the negotiated additional cost share and incorporate the
services in the annual budget and work plan. The Parties 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 Parties 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 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 performance of the Service Provider shall be assessed
every year.
4.7 The Parties may contract with similar watershed forum governing bodies such as the Puget
Sound Partnership or any other entities for any lawful purpose related to the purposes
provided for in this Agreement. The Parties may choose to create a separate legal or
administrative entity under applicable state law, including without limitation a nonprofit
corporation or general partnership, to accept private gifts, grants or financial contributions,
or for any other lawful purpose consistent with the purposes provided for herein.
4.8 The 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 Parties shall make decisions, approve scopes of work, budgets, priorities, and any
other actions necessary to carry out the purposes of this Agreement as follows:
5.1 Decisions shall be made using a consensus model as much as possible. Each Party
agrees to use its best efforts and exercise good faith in consensus decision -making.
Consensus may be reached by unanimous agreement of the Parties. If unanimous
agreement of Parties 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.
5.1.1 No action or binding decision will be taken by the Watershed Ecosystem Forum
without the presence of a quorum of active Parties, as specified in Section 4.1. A
quorum exists if a majority of the active Parties' representatives are present at the
Watershed Ecosystem Forum meeting, provided that positions left inactive on
the Watershed Ecosystem Forum by Parties shall not be included in calculating
the quorum.
5.2 In the event consensus cannot be achieved, as determined by rules and procedures
adopted by the Parties, the 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 Watershed Ecosystem Forum action.
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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 active Parties
and by a majority of the weighted votes of the active Parties.
6. IMPLEMENTATION and ADAPTIVE MANAGEMENT OF THE SALMON HABITAT PLAN. The
Salmon Habitat Plan shall be implemented consistent with the following:
6.1 The Watershed Ecosystem Forum shall provide information to the Parties regarding
progress in achieving the goals and objectives of the Salmon Habitat Plan.
Recommendations of the Watershed Ecosystem Forum are to be consistent with the
purposes of this Agreement. The Parties may authorize additional advisory bodies to the
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 the Parties.
6.2 The Parties shall act to approve or remand any substantive changes to the Salmon
Habitat Plan based upon recommendations by the Watershed Ecosystem Forum within
ninety (90) days of receipt of the proposed changes, according to the voting procedures of
Section 5 herein. In the event that the Salmon Habitat Plan changes are not so approved,
the recommended changes shall be returned to the Watershed Ecosystem Forum for
further consideration and amendment and thereafter returned to the Parties for decision.
6.3 The Parties shall determine when ratification is needed of substantive changes to the
Salmon Habitat Plan. The changes shall be referred to the Parties for ratification prior to
the submission to any regional, state, or federal agency for further action. Ratification
means an affirmative action, evidenced by a resolution, motion, or ordinance of the local
government's legislative body, by at least five Parties representing at least seventy percent
(70%) of the total population within the geographic planning and management area of
WRIA 9.
6.4 Upon remand for consideration of any portion or all of the changes to the Salmon Habitat
Plan by any regional, state or federal agency, the Parties shall undertake a review for
consideration of the remanded changes to the plan. The Parties may include further
referral to the Watershed Ecosystem Forum for recommendation or amendments
thereto.
6.5 The Parties agree that any changes to the Salmon Habitat Plan shall not be forwarded
separately by any Party or Stakeholder to any regional, state or federal agency unless
the changes have been approved and ratified as provided herein.
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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 Parties, including all such obligations
related to the Parties and Watershed Ecosystem 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 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.
7.3 No later than October 1 of each year of this Agreement, the Parties 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., 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 Parties shall be
maintained in a special fund by King County as Fiscal Agent and as ex officio treasurer
on behalf of the Parties pursuant to rules and procedures established and agreed to by
the Parties. Such rules and procedures shall set out billing practices and collection
procedures and any other procedures as may be necessary to provide for its efficient
administration and operation.
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. An Eligible Government 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 Parties shall not apply to this section. The Parties and any governments seeking to become
a Party shall jointly determine the terms and conditions under which a government may become a
new Party. The terms and conditions shall include payment of an amount by the new Party to the
WRIA 9 Fiscal Agent. The amount of payment is determined jointly by the existing 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 Parties as of the date the government becomes a new
Party. Any government that becomes a Party pursuant to this section shall thereby assume the
general rights and responsibilities of all other Parties.
9. TERMINATION.
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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, through action of its governing body, provides
at least sixty (60) days' prior written notice of its intent to 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 to 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 meet only their respective
share of the obligations of the Parties 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 shall be
refunded to the Parties pro rata based on each Party's cost share percentage of the total
budgeted funds and any real or personal property acquired to carry out the purposes of
this Agreement shall be returned to the contributing Party if such Party can be identified,
and if the Party cannot be identified, the property shall be disposed of and the proceeds
distributed pro rata as described above for unexpended funds.
10. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by federal law as governing
to tribes and state law as to all other Parties , 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 claim, demand and/or cause of action brought by or on behalf
of any of its employees or agents. For this purpose, each Party, by mutual negotiation, hereby
waives, with respect to the other Parties only, any immunity that would otherwise be available
against such claims under the industrial insurance act provisions of Title 51 RCW. In the event that
either Party incurs any judgment, award, and/or cost arising therefrom, including attorneys' fees,
to enforce the provisions of this Section, all such fees, expenses, and costs shall be recoverable
from the 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 LIABILITY. 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
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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 obligation of any
kind on any Party which is not a party to such decision or agreement.
14. NO THIRD PARTY RIGHTS. Nothing contained in this Agreement is intended to, nor shall it be
construed to, create any rights in any third party, including without limitation the National Oceanic
and Atmospheric Administration - Fisheries, United States Fish and Wildlife Service, any agency
or department of the United States, or the State of Washington, or to form the basis for any liability
on the part of the Parties or any of the Parties, or their officers, elected officials, agents and
employees, to any third party.
15. AMENDMENTS. This Agreement may be amended, altered or clarified only by the unanimous
consent of the Parties to this Agreement, and requires authorization and approval by each Party's
governing body.
16. COUNTERPARTS. This Agreement may be executed in counterparts.
17. APPROVAL BY PARTIES' GOVERNING BODIES. The governing body of each Party must
approve this Agreement before any representative of such Party may sign this Agreement.
18. FILING OF AGREEMENT. This Agreement shall be filed by King County in accordance with the
provisions of RCW 39.34.040 and .200 and with the terms of Section 3 herein.
19. ENTIRE AGREEMENT. This Agreement contains the entire Agreement among the Parties, and
supersedes all prior negotiations, representations, and agreements, oral or otherwise, regarding
the specific terms of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates indicated below:
Approved as to form: CITY OF ALGONA:
By: By:
Title: Title:
Date: Date:
ILA_WRIA9_2026-2034_FINAL.docx Page 11
Approved as to form: CITY OF AUBURN:
By: By:
Title:
6ZR'o�We4j Title: 1" 1 am o
Date: JUN 16 15'
Date: JUN f 6 2025
Approved as to form: CITY OF BLACK 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:
ILA_WRIA9_2026-2034_FINAL.docx Page 12
Approved as to form:
By:
Title:
Date:
Approved as to form:
By:
Title:
Date:
Approved as to form:
By:
Title:
Date:
Approved as to form:
By:
Title:
Date:
CITY OF DES MOINES:
By:
Title:
Date:
CITY ENUMCLAW:
By:
Title:
Date:
CITY OF FEDERAL WAY:
By:
Title:
Date:
CITY OF KENT:
By:
Title:
Date:
ILA_WRIA9_2026-2034_FINAL.docx Page 13
Approved as to form:
KING COUNTY:
By:
By:
Title:
Title:
Date:
Date:
Approved as to form:
CITY OF MAPLE VALLEY:
By:
By:
Title:
Title:
Date:
Date:
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:
ILA_WRIA9_2026-2034_FINAL.docx Page 14
Approved as to form:
By:
Title:
Date:
Approved as to form:
By:
Title:
Date:
Approved as to form:
By:
Title:
Date:
Approved as to form:
By:
Title:
Date:
CITY OF SEATAC:
By:
Title:
Date:
CITY OF SEATTLE:
By:
Title:
Date:
CITY OF TACOMA:
By:
Title:
Date:
CITY OF TUKWILA:
By:
Title:
Date:
ILA_WRIA9_2026-2034_FINAL.docx Page 15
Exhibit A
2025 WRIA Based Cost Share: WRIA 9
Regional Watershed Funding
Watershed Ecosystem Forum Approved August 8, 2024 Total: $606,781
Costs shares, jurisdictional area, population, and assessed value are to be recalculated every three years or if there is a significant annexation per the WRIA 9 inter/oca
agreement for 2026-2035. Cost shares last updated in 2024 using 2023 data.
WRIA 9 Jurisdiction
Population
Pop %
Adjusted
Pop
Assessed
Value (AV)
%
Adjusted AV
Area %
Adjusted
Acres
Cost Share*
(2023 Data)
WRIA 9 Juri
1 Algona*
0.17%
1,372
0.23%
$590,936,599.00
0.16%
363
0.19% $1,079
1 Algona
2 Auburn*
6.80%
56,079
5.24%
$13,623,563,442.00
5.74%
12,710
5.93% $34,389
2 Auburn
3 Black Diamond
0.83%
6,880
0.83%
$2,159,906,081.00
2.08%
4,609
1.25% $7,246
3 Black Dian
4 Burien
6.37%
52,560
4.28%
$11,113,591,561.00
2.84%
6,292
4.50% $26,092
4 Burien
5 Covington
2.62%
21,600
1.75%
$4,558,408,175.00
1.75%
3,870
2.04% $11,837
5 Covington
6 Des Moines
4.03%
33,260
2.55%
$6,615,094,232.00
1.78%
3,949
2.79% $16,172
6 Des Moine
7 Enumclaw*
0.76%
6,253
0.58%
$1,510,785,781.00
0.91%
2,014
0.75% $4,350
7 Enumclaw
8 Federal Way*
8.56%
70,596
4.32%
$11,229,759,643.00
3.63%
8,049
5.50% $31,942
8 Federal W
9 Kent*
16.87%
139,100
12.88%
$33,463,962,407.00
9.74%
21,569
13.16% $76,361
9 Kent
10 King County*
11.17%
92,164
8.54%
$22,189,710,471.00
52.75%
116,854
24.15% $140,160
10 King Coun
11 Maple Valley*
2.94%
24,228
2.09%
$5,443,488,799.00
1.51 %
3,354
2.18% $12,662
11 Maple Vall
12 Normandy Park
0.83%
6,840
1.01%
$2,612,824,298.00
0.72%
1,596
0.85% $4,942
12 Normandy
13 Renton*
4.49%
36,996
4.21%
$10,936,234,975.00
2.77%
6,131
3.82% $22,170
13 Renton
14 SeaTac
3.85%
31,740
2.53%
$6,563,915,515.00
1.84%
4,071
2.74% $15,884
14 SeaTac
15 Seattle*
26.96%
222,335
45.22%
$117,510,460,706.00
9.00%
19,935
27.06% $157,008
15 Seattle
16 Tukwila
2.76%
22,763
3.75%
$9,757,681,342.00
2.78%
6,157
3.10% $17,977
16 Tukwila
100.0%
824,768
100.0%
$259,880,324,027
100.0%
221,524.55
100.0% $580,267
SUBTOTAL
+Tacoma $26,514
$606,781 TOTAL
NOTES:
• Population estimates are based on 2023 OFM April 1st Estimates and 2023 OFM Small Area Estimate Program (SAEP) data for census blocks.
• Jurisdictions entirely within a WRIA are assigned the 2023 OFM April 1st Estimate directly.
• Jurisdictions that straddle WRIA boundaries are assigned a percent share of the estimate based on a geographic allocation of census blocks.
• Parcels are allotted to jurisdictions (cities and unincorporated King County) and WRIAs based on the location of the centerpoint of the parcels.
• Assessed value and area (sq. miles) excludes Upper Green River Watershed and Port of Seattle Aviation Division properties
* Cost share amount is an averaging of the population, assessed value, and area percentage of each jurisdiction within WRIA 9