HomeMy WebLinkAboutKing County Flood Control Zone DistrictINTERLOCAL COOPERATION AGREEMENT BETWEEN THE HING
COUNTY FLOOD CONTROL ZONE DISTRICT
AND THE CITY OF AUBURN FOR
OPPORTUNITY FUND PROJECTS
THIS INTERLOCAL COOPERATION AGREEMENT is entered into between
the CITY OF AUBURN, a municipal corporation of the State of Washington ("City"),
and the KING COLTNTY FLOOD CONTROL ZONE DISTRICT, a quasi municipal
corporation of the State of Washington ("District") ("Parties" or when singular "Party"),
and shall be effective upon execution by the Municipality and the District.
Article I. Recitals.
In April 2007, the King County Council, as authorized by chapter 86.15 RCW,
created the District as a quasi-municipal corporation. The King County Council members
ex officio constitute the Board of Supervisors of the District, the governing body of the
District.
In Resolution FCZD 2008-15.2, the Board of Supervisors approved the District's
2009 budget and annual work program, and allocated 10 percent of the District's annual
property tax revenues for a sub-regional opportunity fund to be used by King County
municipalities . The Board of Supervisors further determined that eligibility of projects
for opportunity funds be based on consistency with chapter 86.15 RCW; provided that
expenditures under RCW 86.15.035 and RCW 39.34.190 for salmonid habitat protection
be linked to the construction of a flood or stormwater project. The Board of Supervisors
also allocated the opportunity funds to a municipality based on that municipality's
proportional contribution to the overall King County assessed valuation, as collected.
-1-
2.1.2. Pursuant to the criteria in RCW 86.15.035 and RCW 39.34.190, as
modified by Resolution FCZD 2008-15.2, District funds may be expended for
cooperative watershed management actions, including watershed management
partnerships and other intergovernmental agreements, for the purposes of water supply,
water quality, and water resource and habitat protection and management, provided that
Opportunity Funds expended for salmon habitat protection shall be linked to the
construction of a flood or stormwater project, and provided further that all such funds
shall be used for the implementation of watershed management plans, including but not
limited to the following:
a. Watershed plans developed under chapter 90.82 RCW;
b. Salmon recovery plans developed under chapter 77.85 RCW;
c. Watershed management elements of comprehensive land use plans
developed under the growth management act, chapter 36.70A RCW;
d. Watershed management elements of shoreline master programs developed
under the shoreline management act, chapter 90.58 RCW;
e. Nonpoint pollution action plans developed under the Puget Sound water
quality management planning authorities of chapter 90.71 RCW and
chapter 400-12 WAC;
f. Other comprehensive management plans addressing watershed health at a
WRIA level or sub-WRIA basin drainage level;
g. Coordinated water system plans under chapter 70.116 RCW and similar
regional plans for water supply; and
h. Any combination of the foregoing plans in an integrated watershed
management plan.
The authority to use funds for implementation of these plans is broadly construed to
include:
1. Coordination and oversight of watershed management plan
implementation, including funding a watershed management partnership for
this purpose;
2. Technical support, monitoring, and data collection and analysis;
3. Design, development, construction, and operation of projects included in
the plan; and
4. Conducting activities and programs included as elements in the plan.
-3-
upon mutual agreement of the Parties expressed in writing. Sections 4.2, 5.2, 5.3, 5.4, 5.5,
6.3, 6.4 and 6.5 and Article VII shall survive any termination of this Agreement.
Article IV. Conditions of Agreement.
4.1 Project Descriptions. The initial approved Projects are described in
Attachment A, which is incorporated by reference. Subsequent approved Projects shall be
described in new Attachments to this Agreement that are approved through the amendment
process of Section 72.2, which Attachments shall be incorporated by reference into this
Agreement.
4.2 Use of Funds. The City shall use Opportunity Funds distributed pursuant to
this Agreement only for expenses related to the Projects.
Article V. Responsibilities of City.
5.1 Project Application and Description. The City may submit an application
for distribution of Opportunity Funds within a period of time designated by the Service
Provider and on a form approved by the Service Provider. As part of the application to
receive Opportunity Funds, the City shall submit to the Service Provider the following
information for each proposed Project:
5.1.1. Name of proposed project or activity;
5.1.2. Description of the flooding, stormwater, or watershed management
problem to be addressed (one to two paragraphs);
5.1.3. Description of how the proposed project or activity will address the
problem (one to two paragraphs);
5.1.4. Type of project or activity (e.g., feasibility study, design,
construction, acquisition, programmatic activities, etc.);
-5-
5.3. Projects Seeking Opportunity Funds Beyond Current Appropriation Year.
The City may request distribution of Opportunity Funds beyond the appropriation year for
the District's budget and annual work program, provided that District approval of such
distribution of Opportunity Funds shall not be construed as nor constitute a District
obligation or commitment to appropriate Opportunity Funds for the Project beyond the
approved appropriation year. The District shall have no obligation to provide Opportunity
Funds beyond the appropriation year for the District's budget and annual work program,
provided that the District shall distribute to the City after such appropriation year any
Opportunity Funds that were allocated to the City in such appropriation year and in previous
years and that have not been distributed to the City.
5.4 Reporting.
5.4.1. Until the Project is completed or all Opportunity Funds for a Project
have been spent, the City shall provide semi-annually to the Service Provider brief written
reports describing the progress on and status of the Project and any other relevant
information that the Service Provider may request to determine compliance with this
Agreement.
5.4.2. Upon completion of a Project, or upon expenditure of all of the
Opportunity Funds for the Project, whichever occurs first, the City shall submit a final
report to the Service Provider within 90 days of such completion ar expenditure. The final
report shall contain a summary of all Project expenditures, copies of invoices if requested
by the Service Provider, a description of the Project status and accomplishments, and other
relevant information requested by the Service Provider to verify compliance with this
Agreement. The final report also shall contain a certification that all Opportunity Funds
-7-
Article VI. Responsibilities of District.
6.1 Upon timely submission of a Project application by the City, the Service
Provider will review the application, provide reasonable and appropriate feedback, and
consider including the Project as an element of the District's annual budget and work
program.
6.2 If the Board of Supervisors approves the Project application by including the
Project in the District's annual budget and work program, or an amendment thereto, the
Service Provider shall attach a copy of the Project application as approved to this
Agreement and it shall become a part hereof.
6.3 The District, through the Service Provider, shall distribute Opportunity
Funds, up to the remaining amount of the City's total Opportunity Fund allocation, after
City expenditure of funds for a Project as set forth in the approved schedule for the
Project, provided that upon request of the City, the District shall pay up to 10 percent of
the total Opportunity Funds allocated for a Project upon approval of an attachment to this
Agreement. The Service Provider shall pay the Opportunity Funds after confirming that
the expenditures have been made consistent with the Project approval and schedule.
6.4 The District assumes no obligation for future support of Projects meeting the
Eligibility Criteria except as expressly set forth in this Agreement.
6.5 The District shall have no obligation to provide Opportunity Funds beyond
the appropriation year for the District's budget and annual work program, provided that the
District shall distribute to the City after such appropriation year any Opportunity Funds that
were allocated to the City in such appropriation year and in previous years and that have not
been distributed to the City.
-9-
72 Amendment.
7.2.1. This Agreement may be modified by written instrument approved by
the City Council and the District Board of Supervisors and signed by the Parties.
72.2. This Agreement also may be modified by additional attachment for
Projects subsequently approved by the Board of Supervisors. After approval of a Project in
the District's annual budget and work program, or amendment thereto, the Project
application as approved shall become an attachment to this Agreement and shall constitute
an amendment to this Agreement without further action by either Party.
7.3 Contract Waiver. No waiver by either Party of any term or condition of this
Agreement sha11 be deemed or construed to be a waiver of any other term ar condition, nor
shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach
whether of the same or different provision of this Agreement. No waiver shall be effective
unless made in writing.
7.4 No Third Party Rights. Nothing in this Agreement shall be construed to
create any rights in or duties to any third party, nor any liability to or standard of care with
reference to any third party.
7.5. Entirety. This Agreement is the complete expression of the terms hereto and
any oral representations or understandings not incorporated are excluded. This Agreement
merges and supersedes all prior negotiations, representations and agreements between the
parties relating to the projects and constitutes the entire agreement between the parties. The
parties recognize that time is of the essence in the performance of the provisions of this
Agreement.
-11-
ATTACHMENT A
_ L'a
KING COUNTY King County Water Land Resource Division pLOODTCONTRC7T River and Floodplain Management KingCounty
- Sub-Regional Opportunity Fund Project Application
A lication Due Date: December 8, 2008
Jurisdiction: City of Auburn
1) Do you wish to forego the receipt of your Opportunity Fund allocation this year, allowing it to accrue for a
future ear? ❑ Yes E No
2) Would you prefer to apply your Opportunity Funds toward an existing project on the DistricYs 6-year CIP?
❑ Yes Z No If Yes, lease provide the name of the roject:
It,..,,, ca;H vAc tn Aither /11 nr ahnvP vnu rln nnt need to r,omnlete the remainder of this form.
3) Proposed project or activity name Mill Creek Culvert Replacement at Peasley Canyon Road in the City of Auburn
and location:
4) Description of the flooding, stormwater, or linked watershed management problem that this project or
activity will address (1500 character maximum):
This project is replacing a couple culverts on Mill Creek which drains into the Green River which makes this a stomwater control
project. The culvert that needs replacing is at least 30 years old and has many signs of failure. There is potholing on Peasley Canyon
Road above culvert and water flowing through the soil headwalt of the culvert when the culvert is plugged for cleaning. When the
culvert was TVed the camera could not make it afl the way through because of a sag in the culvert and it was half or more filled with
sediment. There are many issues with the existing culvert. Mill Creek drains a large basin on the west hill of the City of Auburn and has
significant flows when it crosses under Peasley Canyon Road, a principal arterial. Our project would be to replace the existing culvert
to im rove flow efficienc , fish assa e, and roadwa securit .
5) Description of how the proposed activity will address the problem outlined in number 2(1500 character
maximum):
Our proposed project includes replacing the culverts, one main 48"+ CMP and a secondary 30" CMP bypass, under Peasley
Canyon Road with one enlarged culvert will increase flow efficiency for Mill Creek, improve fish passage, and make maintaining the
area much easier. Through sediment transport and ease of maintenance we also plan to make sure that the culvert does not fill with
sediment to the oint it is at toda .
❑ Feasibility Study
~ Project Design
~ Project
❑ Property Acquisition
6) Type of
Construction
Activity:
❑ Pro rammatic - identif :
❑ Other - identify:
7) Describe how the proposed project or activity satisfies the eligibility criteria for at least one of the three
categories listed in Section III of the attached document (1500 character maximum):
The proposed project is a stormwater control improvement that will enlarge the existing stormwater system after being constructed.
As described above the project will be replacing the existing, deteriorating culverts under Peasley Canyon Road with a new larger
passage. The proposed project is recommended in the draft version of the 2009 Storm Drainage Comprehensive Plan that will be
resented to De artment of Ecolo for a oval next ear.
8) Identify the management plan (i.e. flood control, stormwater control, or watershed management) within
which implementation of the project or activity is an element or is recommended:
The draft version of the 2009 Storm Drainage Comprehensive Plan for the City of Auburn reccomends that this project be
im lemented ri ht awa .
-13-