HomeMy WebLinkAboutITEM VIII-B-3
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AUBURN
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Resolution No. 4118 - WRIA 9 Interlocal Aqreement November 29, 2006
Department: I Attachments: Budget Impact:
Legal Resolution No. 4118
Administrative Recommendation:
City Council adopt Resolution No. 4118.
Background Summary:
Since the year 2001, the City of Auburn has been entering into Interlocal Agreements (ILA) or extensions
thereto for participation in Watershed Resource Inventory Area (WRIA 9). The City of Auburn wishes to
continue participating with its neighboring jurisdictions on matters beneficial to the Green River,
Duwamish River and Central puget Sound Watersheds, particularly within the geographic planning area
of WRIA 9.
Resolution No. 4118 authorizes the Mayor to execute an ILA among the participating jurisdictions within
the Green/Duwamish and Central Puget Sound Watershed Resource Inventory Area for a term
extending up to nine years.
A1.3,04.11
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
D Arts Commission COUNCIL COMMITTEES: o Building o M&O
D Airport o Finance o Cemetery o Mayor
o Hearing Examiner o Municipal Servo o Finance o Parks
o Human Services o Planning & CD o Fire o Planning
o Park Board OPublic Works o Legal o Police
o Planning Comm. o Other o Public Works D Human Resources
o Information Services
Action:
Committee Approval: DYes DNa
Council Approval: DYes DNa Call for Public Hearing _/_/-
Referred to Until _/_/-
Tabled Until _/_/-
Councilmember: Cerino I Staff: Heid
Meeting Date: December 4, 2006 I Item Number: VIII.B.3
AUBURN * MORE THAN YOU IMAGINED
RESOLUTION NO.4 1 1 8
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT AMONG THE PARTICIPATING
JURISDICTIONS WITHIN THE GREEN/DUWAMISH
AND CENTRAL PUGET SOUND WATERSHED
RESOURCE INVENTORY AREA (WRIA 9)
WHEREAS, RCW 39.34 authorizes cities and counties to enter into
interlocal agreements, as necessary, to work together on issues requiring joint
action of the parties; and
WHEREAS, since the year 2001, the City of Auburn has been entering
into Interlocal Agreements (ILA) or extensions thereto for participation in WRIA 9
for the purposes described therein; and
WHEREAS, the City of Auburn wishes to continue participating with its
neighboring jurisdictions on matters beneficial to the Green River, Duwamish
River, and Central Puget Sound Watersheds, particularly within the geographic
planning area of Water Resource Inventory Area 9 (which includes portions of
Water Resource Inventory Areas 8, 10, and 15); and
WHEREAS, the City Council sees the value of providing for longer term
agreements to address such matters, and the benefits to the Water Resource
Inventory Area of an agreement extending for up to nine (9) years.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor is hereby authorized to execute a new ILA
between the City and the other participating jurisdictions within the WRIA 9
Resolution No. 4118
November 28, 2006
Page 1 of 2
(Green/Duwamish and Central Puget Sound basins) in a form in substantial
compliance with the agreement attached hereto, marked as Exhibit "A" hereto;
and the mayor is further authorized to negotiate the amounts of future year
contributions on behalf of the City of Auburn during the term of the Agreement.
Section 2. That the Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
PASSED this
day of
,2006.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Resolution No. 4118
November 28, 2006
Page 2 of 2
._i_.._._....._
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 g") 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 of the Green River, Duwamish
River, and Central puget Sound Watersheds and wish to collectively provide for planning, funding
and implementation of various activities and projects therein; and
WHEREAS, the Parties have participated in an Interlocal Agreement for the years 2001-
2005 to develop "Making Our Watershed Fit for a King" ("Salmon Habitat Plan"), contributed to
the Puget Sound Salmon Recovery Plan, and desire to continue providing efficient participation in
the implementation of such plans; and
WHEREAS, the Parties have demonstrated in the Salmon Habitat Plan that watershed
ecosystem services are worth billions of dollars of value to 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
WHEREAS, the Parties wish to continue to use adaptive management for identifying,
coordinating and implementing basin plans and water quality, flood hazard reduction, water
quantity, and habitat projects in the watersheds; and
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WHEREAS, the Parties have a strong interest in participating on the PUget Sound
Salmon Recovery Council because of the contributions of the Green River, Duwamish River, and
Central Puget Sound Watersheds to the overall health of Puget Sound; and
WHEREAS, the Parties have a strong interest in participating on the Lead Entity Advisory
Group and other groups associated with. the Salmon Recovery Funding Board to collectively seek
funding to implement the Salmon Habitat Plan; and
WHEREAS, the Parties have a strong interest in participating on the puget Sound
Partnership to develop recommendations to restore the Puget Sound to health and sustain that
health by 2020; and
WHEREAS, the Parties recognize that identification of watershed issues, and
implementation of salmon conservation and recovery actions may be carried out more efficiently if
done cooperatively than if carried out separately and independently; and
WHEREAS, individual Parties are taking separate and independent actions to improve
the health of the Green River, Duwamish River, and the Central puget Sound Watersheds and
the overall health of puget Sound;
NOW, THEREFORE, the Parties hereto do mutually covenant and agree as follows:
MUTUAL CONVENANTS AND AGREEMENTS
1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the meaning
provided for below:
1.1 ELIGIBLE COUNTY AND CITY GOVERNMENTS: The local governments eligible for
participation in this Agreement as parties are King County, and the Cities of Algona,
Auburn, Black Diamond, Burien, Covington, Des Moines, Enumclaw, Federa,1 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 g.
1.2 WRIA 9 WATERSHED FORUM: The WRIA 9 Watershed Forum created herein is the.
governing body responsible for implementing this Agreement. The WRIA 9 Watershed
Forum is comprised of designated representatives of eligible governments who have
authorized the execution of and become Parties to this Agreement.
1.3 WRIA 9 STEERING COMMITTEE: The WRIA 9 Steering Committee referred to herein
is the cooperative body comprised of a balance of stakeholder representatives and any
other persons who are deemed by the Parties to this Agreement to be appropriate
members for the implementation of the Salmon Habitat Plan.
1.4 GREEN/DUWAMISH AND CENTRAL PUGET SOUND WATERSHED WATER
RESOURCE INVENTORY AREA 9 SALMON HABITAT PLAN: The Green/Duwam/sh
and Central puget Sound Watershed Water Resource Inventory Area 9 Salmon
Habitat Plan is the plan developed by the WRIA 9 Steering Committee and ratified by
all of the parties to an interlocal agreement for its development. The Salmon Habitat
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Plan recommends actions that should be taken from 2006 through 2015 (ten years) to
protect and restore salmon habitat, using an ecosystem approach, in the
Green/Duwamish and Central Puget Sound Watersheds. This Salmon 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 and bull trout. The Salmon Habitat Plan constitutes a chapter of the
puget Sound Salmon Recovery Plan.
1.5 MANAGEMENT COMMITTEE: Management Committee as referred to herein consists
of seven (7) elected officials or their designees. The seven elected officials of the
Management Committee are chosen by the WRIA g Watershed Forum, according to the
voting procedures in Section 5 herein, charged with certain oversight and administrative
duties on the WRIA 9 Watershed Forum's behalf.
1.6 SERVICE PROVIDER: Service Provider, as used herein, means that agency,
government, consultant, or other entity which supplies staffing or other resources to and
for the WRIA 9 Watershed Forum, in exchange for payment. The Service Provider
may be a Party to this Agreement.
1.7 FISCAL AGENT: The Fiscal Agent refers to that agency or government who performs
all accounting services for the WRIA 9 Watershed Forum, 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
g who reflect the diverse interests integral to implementing the Salmon Habitat Plan,
which may include but is not limited to environmental and business interests.
2. PURPOSES. The purposes of this Agreement include the following:
2.1 To provide a mechanism to protect and restore the ecological health of the
Green/Duwamish Rivers and Central Puget Sound Watersheds.
2.2 To provide a mechanism, through an annually agreed upon work plan, for implementing
and coordinating local efforts to address issues with watershed-wide or basin
implications, including but not limited to flood hazard reduction, surface and groundwater
quality, water quantity, and habitat
2.3 To provide a mechanism and governance and funding structures for jointly implementing
the Salmon Habitat Plan.
2.4 To develop and take actions on key issues during the implementation of the Salmon
Habitat Plan.
2.5 To provide a mechanism for cooperative review and implementation of recommended
policies and regulations needed for response to listings under the Endangered Species
Act.
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2.6 To provide a venue for the ongoing participation of citizens and other stakeholders in
salmon recovery and other watershed efforts and to ensure continued public outreach
efforts to educate and garner support for current and future watershed and Endangered
Species Act listed species response efforts by local governments and in accordance with
the Salmon Habitat Plan.
2.7 To provide a mechanism for securing technical assistance and any available funding from
federal, state, and other sources to implement the Salmon Habitat Plan.
2.8 To provide a mechanism for implementing other habitat, surface and groundwater quality,
water quantity and flood hazard reduction projects with other local, regional, tribal, state,
federal and non-profit funds as may be contributed to or secured by the WRIA 9
Watershed Forum.
2.9 To annually recommend projects for grant funding by the King Conservation District
through the King Conservation District's Forum grant program distribution.
2.10 To annually recommend projects for implementation of planning, engineering, permitting
and construction tasks for the Green/Duwamish Ecosystem Restoration Projects in
partnership with the U.S. Army Corps of Engineers.
2.11 To provide a framework for cooperating and coordinating among the Parties on issues
relating to WRIA 9 to meet the requirement ofa commitment by any Party to participate in
WRIA 9 planning and implementation, to prepare or implement a basin plan, or to
respond to any state or federal law which may require these actions as a condition of any
funding, permitting or other program of state or federal agencies. Participation is at the
discretion of such Party to this Agreement.
2.12 To provide a mechanism to approve and support, through resources, funding from grant
sources or other means, implementation of restoration and protection projects and
programs.
2.13 To provide a mechanism for on-going monitoring and evaluation of the Salmon Habitat
Plan implementation through adaptive management as defined in the Plan.
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.
3. EFFECTIVE DATE AND TERM. This Agreement shall become effective UPon its execution bvat
least five (5) of thEl eliqible local aovernments within WRIA g representina at least seventy
percent (70%) of the affected pOPulation within the aeoaraphic area of WRIA 9. as authorized by
the leaislative bodv of each local government. and further provided that after such sianatures this
Agreement has been filed bv Kina County in accordance with the terms of RCW 39.34.040 and
.200. . Once effective, this Agreement shall remain in effect for an initial term of nine (9) years;
provided, however, that this Agreement may be extended for such additional terms as the Parties
may agree to in writing with such extension being effective upon its execution by at least five (5)
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of the eligible local governments within WRIA 9 representing at least seventy percent (70%) of
the affected population within the geographic area of WRIA 9, as authorized by the legislative
body of each local govemment, and further provided that after such signatures this Agreement
has been filed by King County in accordance with the terms of RCW 39.34.040 and .200. Such
extension shall bind only those Parties executing the extension.
4. ORGANIZATION AND MEMBERSHIP OF THE WRIA 9 WATERSHED FORUM. The Parties to
this Agreement hereby establish a WRIA 9 Watershed Forum to serve as the formal governance
structure for carrying out the purposes of this Agreement. The WRIA 9 Watershed Forum is a
voluntary association of the county and city governments located wholly or partially within the
management area of or having a major interest in WRIA 9 who choose to be Parties to this
Agreement.
4.1 Each Party to this Agreement shalf appoint one (1) elected official to serve as its primary
representative, and one (1) alternate representative to serve on the WRIA 9 Watershed
Forum. The alternate representative may be a different elected official or senior staff
person.
4.2 Upon the effective execution of this Agreement and the appointment of representatives to
the WRIA 9 Watershed Forum, the WRIA 9 Watershed Forum shall meet and choose
from among its members, according to the provisions of Section 5 herein, seven (7)
officials or their designees, to serve as a Management Committee to oversee and direct
the scope of work, funds, and personnel agreed to and contributed under this Agreement,
in accordance with the adopted annual budget and work program and such other
directions as may be provided by the WRIA 9 Watershed Forum. Representatives of
the Fiscal Agent and Service Provider may serve as non-voting ex officio members of
the Management Committee. The Management Committee shall act as the executive
subcommittee of the WRIA 9 Watershed Forum, responsible for oversight and
evaluation of any Service Providers or consultants, administration of the budget and
work plan, and for providing recommendations on administrative matters to the WRIA 9
Watershed Forum for action, consistent with other subsections of this section. The
WRIA 9 Watershed Forum shall consider new appointments or reappointments to the
Management Committee every two years following its initial appointments.
4.3 The services cost-shared under this agreement shall be provided to the WRfA 9
Watershed Forum by the Service Provider, which shall be King County Department of
Natural Resources and Parks, unless selected otherwise by the WRIA 9 Watershed
Forum. The Management Committee shall prepare a Memorandum of Understanding to
be signed by a representative of the Service ProvIder, and a representative of the WRIA
9 Watershed Forum, which shall set out the expectations for services so provided.
Services should include, without limitation, identification of and job descriptions for
dedicated staff in increments no smaller than 0.5 Full Time Equivalent, description of any
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supervisory role retained by the 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 to this Agreement may purchase and cost share services
from the Service Provider in addition to the annual cost-shared services agreed
to by all Parties pursuant to Section 4.3 herein.
4.3.2 The Management Committee shall prepare a Memorandum of Understanding to
be signed by a representative of the Service Provider, and a representative of
the WRIA 9 Watershed Forum, which shall set out the expectations for the
additional services so provided to the subset of Parties to this Agreement.
4.4 The WRIA 9 Watershed Forum, by September 1 of each year, shall establish and
approve an annual budget that provides for the level of funding and total resource
obligations of the Parties for the following calendar year. Such obligations are to be
allocated on a proportional basis based on the average of the population, assessed
valuation and area attributable to each Party to this Agreement, in accordance with the
formula set forth in Exhibit A, which formula and accompanying data shall be updated by
the WRIA 9 Watershed Forum when more current data become available. Tacoma's
cost share will be determined on an annual basis by the Parties and will be included in
the annual updates to Exhibit A. The weight accorded Tacoma's vote for weighted voting
pursuant to Section 5 herein shall correspond to Tacoma's cost share for each year
relative to the cost shares contributed by the other Parties.
4.4.1 The level of funding, total resource obligations, and allocation of obligations for
those members of the Parties that agree to cost share additional services
pursuant to Subsection 4.3.1 herein shall be negotiated and determined by those
Parties purchasing the additional services.
4.4.2 The WRIA 9 Watershed Forum shall incorporate the negotiated additional cost
share and incorporate the services in its annual budget and work plan.
4.5 The WRIA 9 Watershed Forum shall oversee and administer the expenditure of
budgeted funds and shall allocate the utilization of resources contributed by each Party or
obtained from other sources in accordance with the approved annual work program.
4.6 The WRIA 9 Watershed Forum shall review and evaluate the duties to be assigned to
the Management Committee hereunder and the performance of the Fiscal Agent and
Service Provider to this Agreement, and shall 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 three years.
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4.7 The WRIA 9 Watershed Forum may contract with similar watershed forum governing
bodies such as the puget Sound Shared Salmon Strategy and puget Sound Partnership
or any other entities for any lawful purpose related to the purposes provided for in this
agreement. The Parties may choose to create a separate legal or administrative entity
under applicable state law, including without limitation a nonprofit corporation or general
partnership, to accept private gifts, grants or financial contributions, or for any other lawful
purpose consistent with the purposes provided for herein.
4.8 The WRIA 9 Watershed Forum shall adopt other rules and procedures that are
consistent with its purposes as stated herein and are necessary for its operation.
5. VOTING. The WRIA 9 Watershed Forum shall make decisions, approve scopes of work,
budgets, priorities, and any 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 members cannot be reached then the Parties to this agreement may reach
consensus by a majority recommendation with a minority report. Any Party who does not
accept a majority decision may request weighted voting as set forth below.
5.2 In the event consensus cannot be achieved, as determined by rules and procedures
adopted by the WRIA 9 Watershed Forum, the WRIA 9 Watershed Forum 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 Watershed Forum action.
5.2.2 The weighted vote of each Party in relation to the weighted votes of each of the
other Parties shall be determined by the percentage of the annual contribution
made by each Party as set in accordance with Section 4.4 herein in the year in
which the vote is taken.
5.2.3 For any action subject to weighted voting to be deemed approved, valid and
binding, an affirmative vote must be cast by both a majority of the Parties to this
Agreement and by a majority of the weighted votes of the Parties to this
Agreement. A vote of abstention shall be recorded as a "no" vote.
6. IMPLEMENTATION OF THE SALMON HABITAT PLAN. The Salmon Habitat Plan shall be
implemented consistent with the following:
6.1 The WRIA 9 Steering Committee, which shall be appointed by the WRIA 9 Watershed
Forum, shall be an advisory body responsible for making recommendations for
implementing the Salmon Habitat Plan to the WRIA 9 Watershed Forum, including
substantive plan amendments recommended as a result of adaptive management. The
WRIA 9 SteerIng Committee shall provide information to the WRIA 9 Watershed
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Forum regarding progress in achieving the goals and objectives of the Salmon Habitat
Plan. Recommendations of the WRIA 9 Steering Committee are to be consistent with
the purposes of this Agreement. The WRIA 9 Watershed Forum may authorize
additional advisory bodies to the WRIA 9 Steering Committee, such as an adaptive
management work group.
6.2 The WRIA 9 Watershed Forum shall act to approve or remand any substantive changes
to the Salmon Habitat Plan based upon recommendations by the WRIA 9 SteerIng
Committee within ninety (90) days of receipt of the proposed changes, according to the
voting procedures of Section 5 herein. In the event that the Salmon Habitat Plan
changes are not so approved, the recommended changes shall be returned to the WRIA
9 Steering Committee for further consideration and amendment and thereafter returned
to the WRIA 9 Watershed Forum for decision.
6.3 The WRIA 9 Watershed Forum shall determine when ratification is needed of
substantive changes to the Salmon Habitat Plan by the Parties. The changes shall be
referred to the Parties for ratification prior to the submission to any regional, state, or
federal agency for further action. Ratification means an affirmative action, evidenced by
a resolution, motion, or ordinance of the local government's legislative body, by at least
five Parties representing at least sev~nty percent (70%) of the total population within the
geographic planning and management area of WRIA 9.
6.4 Upon remand for consideration of any portion or all of the Salmon Habitat Plan by any
regional, state or federal agency the WRIA 9 Watershed Forum shall undertake a
review for consideration of the remanded portion or plan. The WRIA 9 Watershed
Forum may include further referral to the WRIA 9 Steering Committee for
recommendation or amendments thereto.
6.5 The Parties agree that any changes to the Salmon Habitat Plan shall not be forwarded
separately by any Party to any regional, state or federal agency unless the changes have
been approved and ratified as provided herein.
7. OBLIGATIONS OF PARTIES; 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 Watershed Forum under this
Agreement, including all such obligations related to the WRIA 9 Watershed Forum and
WRIA 9 Steering Committee 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.
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7.3 No later than September 1 of each year of this Agreement, the WRIA 9 Watershed
Forum shall adopt a budget, including its overhead and administrative costs, for the
following calendar year. 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 WRIA 9 Watershed
Forum shall be maintained in a special fund by King County as Fiscal Agent and as ex
officio treasurer on behalf of the WRIA 9 Watershed Forum pursuant to rules and
procedures established and agreed to by the WRIA 9 Watershed Forum. Such rules
and procedures shall set out billing practices and collection procedures and any other
procedures as may be necessary to provide for its efficient administration and operation.
7.5 Any Party to this Agreement may inspect and review all records maintained in connection
with such fund at any reasonable time.
8. LATECOMERS. ' A county or city government in King County lying wholly or partially within the
management area of or with a major i,nterest in WRIA 9 which has not become a Party to this
Agreement within twelve (12) months of the effective date of this Agreement may become a Party
by obtaining written consent of all the Parties to the Agreement. The provisions of Section 5
herein otherwise governing decisions of the WRIA 9 Watershed Forum shall not apply to this
section. The Parties of the Agreement and any governments seeking to become a Party shall
jointly determine the terms and conditions under which a government may become a new Party.
The terms and conditions shall include payment of an amount by the new Party to the WRIA 9
Watershed Forum. The amount of payment is determined jointly by the existing Parties of the
WRIA 9 Watershed Forum and the new Party. The payment of the new Party is to be a fair and
proportionate share of all costs associated with activities undertaken by the WRIA 9 Watershed
Forum as of the date the government becomes a new Party. Any government that becomes a
Party pursuant to this section shall thereby assume the general rights and responsibilities of all
other Parties.
9. TERMINATION.
9.1 The obligations of any Party under this Agreement may be terminated by the Party,
through action of its governing body, only upon sixty (60) days' written notice to the other
Parties by not later than November 1 for termination effective January 1 of the following
year. The terminating Party shall remain fully responsible for meeting all of its funding
and other obligations through the end of the calendar year in which such notice is given,
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together with any other costs that may have been incurred on behalf of such terminating
Party up to the effective date of such termination. It is expected that the makeup of the
Parties to this Agreement may change from time to time. Regardless of any such
changes, the Parties choosing not to exercise the right of termination shall each remain
obligated to only meet their respective share of the obligations of the WRIA 9 Watershed
Forum as reflected in the annual budget. The shares of any terminating Party shall not
be the obligation of any of the Parties not choosing to exercise the right of termination.
9.2 This Agreement may be terminated in its entirety at any time by the written agreement of
all of the Parties.
10. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by state law as to city
and county governments, and federal law as governing to tribes, and for the limited purposes set
forth in this Agreement, each Party shall protect, defend, hold harmless and indemnify the other
Parties, their officers, elected officials, agents and employees, while acting within the scope of
their employment as such. from and against any and all claims (including demands, suits,
penalties, liabilities, damages, costs, expenses, or losses of any kind or nature whatsoever)
arising out of or in any way resulting from such Party's own negligent acts or omissions related to
such Party's participation and obligations under this Agreement. Each Party to this Agreement
agrees that its obligations under this subsection extend to any 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 g 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
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 anyone 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,
WRIA 9 lLA 2007-2015 (WRIA 9 Forum recomd'f mod. 8-24-06 and 10-2-06; legal review complete) Page 10
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 WRIA 9 Watershed Forum or any of the Parties, or their officers,
elected officials, agents and employees, to any third party.
15. AMENDMENTS. This Agreement may be amended, altered or clarified only by the unanimous
consent of the Parties to this Agreement, and requires authorization and approval by each Party's
governing body.
16. COUNTERPARTS. This Agreement may be executed in counterparts.
17. APPROVAL BY PARTIES' GOVERNING BODIES. The governing 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:
WRIA 9 lLA 2007-2015 (WRIA 9 Forum recomd., mod. 8-24-06 and 10-2-06; legal review complete) Page 11
Approved as to form:
CITY OF AUBURN
By:
By:
Title:
Title:
Date:
Date:
Approved as to form:
CITY OF BLACK DIAMOND
By:
By:
Title:
Title:
Date:
Date:
Approved as to form:
CITY OF BURl EN
By:
By:
Title:
Title:
Date:
Date:
Approved as to form:
CITY OF COVINGTON
By:
By:
Title:
Title:
Date:
Date:
WRIA 9 lLA 2007-2015 (WRIA 9 Forum recomd., mod. 8-24-06 and 10-2-06; legal review complete) Page 12
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WRIA 9 Briefing Paper
Approval process for the 2007-2015 Interlocal Agreement Extension with King
County:
1. This 9 year extension is for administrative and management purposes
and approves annually budgets for Municipal Cost Share's. Each Jurisdiction will
approve their Cost Share annually.
The 2007 budget amount that each Jurisdiction is approving through this ILA
Extension is the Cost Share set forth in Exhibit A to the ILA.
The 2007-2015 ILA will replace the 2006 ILA which expires on December 31,
2006.
The 2007 City of Auburn Cost Share (see Attachment) will provide administrative
and materials funding to King County (Service Provider) for the Salmon Habitat
implementation and future planning. Our 2006 Cost Share was $16,282. The
2007 Cost Share is $16,698. This slight increase of 2.5% represents costs of
living allowances with no increase in staff.
In addition, of the WRIA 9 member Jurisdictions, 11 have approved the 9 year
extension (Black Diamond, Burien, Covington, Des Moines, Enumclaw, Federal
Way, Kent, Maple Valley, SeaTac, Tukwila and King County).
2. The City of Auburn has received many continued Green River Watershed
benefits by being a member of WRIA 9. These include:
usin9 approer}~t~ . vv.RJ~ ..~. . ~~.(j
trtk$.gtaot :;(R;ri9.u"~;~
3. Proposed Mayor/Council approval schedule:
Dee 6 - Municipal Services, Fjnance Committee and Mayor
Approval.
Attachment
11/27/06 - Bill PelozalAaron Nix