HomeMy WebLinkAboutITEM V-B
AGENDA BILL APPROVAL FORM
Agenda Subject:Date:
Resolution No. 4647 September 23, 2010
Department:Budget Impact:
Attachments:
Planning and None –
Resolution No. 4647,
Development Interlocal Agreement Puyallup/White Annual cost is proposed to be
River Watershed General funded from existing Planning
and Development
Investigation Project
Department line item in the
Exhibit A - Pierce County Resolution
adopted 2010 budget and
No. R2008-74s
the proposed 2011-2012
budgets.
Exhibit B - Puyallup River
Reconnaissance Report dated March
18,2009, prepared by the Army Corps
of Engineers
Administrative Recommendation:
The City Council adopt Resolution No. 4647.
Background Summary:
On June 10, 2008, the Pierce County Council passed Resolution R2008-74s (see Exhibit A), requesting
local governments in the Lower Puyallup River Watershed to participate in developing and funding work
to bring the flood control system back into FEMA compliance. To assist with finding and funding a
regional solution, Pierce County convened the Lower Puyallup River Executive Task Force (ETF) in July
2008. Since its inception, the ETF has expanded its focus to include the entire Puyallup River Watershed,
including the White River Watershed downstream of Mud Mountain Dam.
Invited members of the task force include:
Puyallup Tribe of Indians
• City of Auburn
• City of Buckley
• City of Fife
• City of Orting
• City of Pacific
• City of Puyallup
• City of Sumner
• City of Tacoma
• Pierce County
• Port of Tacoma
• Town of South Prairie
• Town of Wilkeson
• King County
• U.S. Army Corps of Engineers
• Washington State Department of Transportation
• Pierce County Chamber of Commerce
Invited technical advisors to the task force include:
• Burlington Northern Santa Fe Railroad
• Tacoma Rail
• Washington State Department of Ecology
• Washington State Department of Natural Resources
Agenda Subject:Date:
Resolution No. 4647 September 23, 2010
In 2008 and 2009, using federal funding and authorization under the Water Resources Development Act
(WRDA), the Army Corps of Engineers conducted a reconnaissance study of the Lower Puyallup River
Basin (see Exhibit B). The purpose of the study was to determine whether there is a federal interest in
continuing to a General Investigation (feasibility level) evaluation for flood risk management. The
reconnaissance study concluded that without flood risk management intervention, the Puyallup River is
expected to experience significant flooding resulting in negative impacts to the local economy, and in the
future may not be able to qualify for the National Flood Insurance Program. The study concluded that
there is a federal interest in continuing into the feasibility phase, and also recommended that based on
the widespread impacts of the January 2009 flooding throughout the basin, that a future feasibility study
should address the entire watershed, inclusive of the White River Watershed.
The Corps has estimated that a feasibility study will cost approximately $6 million and will take
approximately six years to complete. Corps participation in a feasibility level study requires a 50 percent
local sponsor cost match, or a total of approximately $3 million over the six year period. As the
designated Local Sponsor for the study, Pierce County is currently coordinating with local jurisdictions to
execute cost share agreements for the local sponsor match.
In January of this year, Pierce County requested that the City of Auburn assist with the funding for the
General Investigation using a funding formula that had been previously developed by member
jurisdictions of the ETF. The funding formula is based on three inputs: assessed real property value in the
Puyallup/White River floodplain, population, and general fund budget. The requested contribution for
Auburn based on this approach was $10,775 per year, or a total of $64,652 over the six year period. In
reviewing the application of the proposed funding formula, staff determined that it does not appear to be
an appropriate fit for the City of Auburn as the City does not have any appreciable real property
improvements or population in the Pierce County floodplain. While the City’s regional economic interests
would be impacted by significant flooding of the Lower Puyallup River, the Pierce County portion of the
City does not share the same level of localized flooding risks associated with the Puyallup/White Rivers
as other cities participating on the EFT.
In further conversations with Pierce County staff, the County has acknowledged that the funding formula
is not a good fit for Auburn, and have instead suggested that the City provide a fixed amount contribution
paid in annual installments over the course of the six year study period. Under the proposed Interlocal
Agreement, Auburn would provide funding for the feasibility study in the amount of $4,167 per year for the
six year study period, or a total of $25,000. Funding is proposed to be from the Economic Development
line item in the Planning and Development Department budget.
Reviewed by Council & Committees:Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works LegalPolice
Planning Comm. OtherPublic Works Human Resources
Information Services
Action:
Committee Approval: Yes No
Council Approval: Yes NoCall for Public Hearing___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until___/___/____
Councilmember:Staff:
Norman Andersen
Meeting Date:
Item Number:
September 23, 2010
Page 2 of 2
RESOLUTION NO. 4 6 47
A RESOLUTION OF THE CITY OF AUBURN,
WASHINGTON, APPROVING AND AUTHORIZING
EXECUTION OF AN INTERLOCAL AGREEMENT
WITH PIERCE COUNTY, REGARDING FUNDING
THE LOCAL OBLIGATION FOR THE CORPS OF
ENGINEERS’ GENERAL INVESTIGATION PROJECT
WHEREAS, the United States Congress authorized a Corps of Engineers
General Investigation New Start (GI) for the Puyallup/White watershed area dated 21
June 2000;
WHEREAS, Corps of Engineers (Corps) staff completed a Puyallup River 905(b)
Reconnaissance Report, dated 18 March 2009, which found there is a federal interest in
pursuing a feasibility phase study to plan for flood damage reduction and fish and
wildlife habitat restoration of the Puyallup River Basin;
WHEREAS, a Feasibility Report is the next step in the Corps GI process and it
requires a 50/50 cost share between the federal agency and the local sponsors;
WHEREAS, the feasibility report will be a complete decision document in
sufficient detail to form the basis for the Local sponsor, Corps of Engineers, and
ultimately the U.S. Congress, to consider approving authorization and construction of
the recommended plan;
WHEREAS, the Corps would prefer to have one local agency act as the contact
for all local participation and accounting;
WHEREAS, Pierce County has agreed to perform the role of "Local Sponsor"
with support from the other participating agencies which will provide review of GI
materials and actively participate in the process through the Pierce County Rivers
Executive Task Force, in addition to providing financial support;
WHEREAS, the City of Auburn has determined that the potential for significant
flooding associated with the Lower Puyallup River is a threat to the City’s regional
economic interest;
WHEREAS, the Corps has indicated the Feasibility study will take approximately
six (6) years to complete and cost approximately $6 million dollars of which the local
sponsors are responsible for $3 million dollars; and
WHEREAS, Pierce County and the City of Auburn staff have drafted the attached
interlocal agreement to distribute the local financial obligation between the local
sponsors; and
_______________________
Resolution No. 4647
September 23, 2010
Page 1 of 3
WHEREAS, the parties are authorized to enter into such agreements by virtue of
RCW Chapter 39.34;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
HEREBY RESOLVES as follows:
Section 1.
The interlocal agreement is hereby approved and accepted by the
City of Auburn and the Mayor is authorized to execute the interlocal agreement in
substantially the same form as the attached agreement, entitled
INTERLOCAL AGREEMENT
BETWEEN PIERCE COUNTY AND CITY OF AUBURN REGARDING FUNDING THE LOCAL OBLIGATION
'.
FOR THE CORPS OF ENGINEERS GENERAL INVESTIGATION PROJECT
Section 2.
That a copy of the resolution and signed interlocal agreement
authorizing approval shall be provided to Pierce County.
Section 3.
That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 4.
That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and signed this _____ day of _________________, 2010.
CITY OF AUBURN
_________________________
PETER B. LEWIS
MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
_______________________
Resolution No. 4647
September 23, 2010
Page 2 of 3
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
_______________________
Resolution No. 4647
September 23, 2010
Page 3 of 3
INTERLOCAL AGREEMENT BETWEEN
PIERCE COUNTY AND CITY OF AUBURN
REGARDING FUNDING THE LOCAL OBLIGATION FOR THE CORPS OF
ENGINEERS' GENERAL INVESTIGATION PROJECT
THIS AGREEMENTPIERCE COUNTY
is entered into this day by and between , a
political subdivision of the State of Washington (herein referred to as "COUNTY") and the City
of Auburn a municipal corporation of the State of Washington (herein referred to as City of
Auburn)
.
WHEREAS, the United States Congress authorized a Corps of Engineers General
Investigation New Start (GI) for the Puyallup/White watershed area dated 21 June 2000; and
WHEREAS, Corps of Engineers (Corps) staff completed a Puyallup River 905(b)
Reconnaissance Report, dated 18 March 2009, which found there is a federal interest in pursuing
a feasibility phase study to plan for flood damage reduction and fish and wildlife habitat
restoration of the Puyallup River Basin; and
WHEREAS, a Feasibility Report is the next step in the Corps GI process and it requires a
50/50 cost share between the federal agency and the local sponsors; and
WHEREAS, the feasibility report will be a complete decision document in sufficient
detail to form the basis for the Local sponsor, Corps of Engineers, and ultimately the U.S.
Congress, to consider approving authorization and construction of the recommended plan; and
WHEREAS, the Corps would prefer to have one local agency act as the contact for all
local participation and accounting; and
WHEREAS, Pierce County has agreed to perform the role of "Local Sponsor" with
support from the other participating agencies which will provide review of GI materials and
actively participate in the process through the Pierce County Rivers Executive Task Force, in
addition to providing financial support; and
WHEREAS, the Corps has indicated the Feasibility study will take approximately six (6)
years to complete and cost approximately $6 million dollars of which the local sponsors are
responsible for $3 million dollars; and
WHEREAS, the participating agencies have agreed to the distribution of the required
local share that is shown in Attachment A; and
WHEREAS, the parties are authorized to enter into such agreements by virtue of RCW
Chapter 39.34;
NOW, THEREFORE, in consideration of the terms and conditions contained herein, it is
Interlocal Agreement Between
Pierce County and the City of Auburn
Puyallup/White River Watershed General Investigation Project
Page 1
mutually agreed by and between the COUNTY and City of Auburn as follows:
PURPOSE
SECTION 1.. Purpose of this agreement is to provide for the funding for the
local match of the Corps of Engineers' Puyallup/White River Watershed General Investigation
and to memorialize the agreement between the parties relating to this process.
COUNTY OBLIGATIONS.
SECTION 2
.The COUNTY shall be responsible for
coordinating the local parties in the GI process and for transmitting the Local financial match to
the Corps. The COUNTY shall also be responsible for invoicing the City of Auburn. The
COUNTY shall invoice annually on a schedule agreed to between the City of Auburn and the
COUNTY, but no more frequently than twice a calendar year.
City of Auburn OBLIGATIONS.
SECTION 3. The City of Auburn shall be
responsible for actively participating in the GI process. When invoiced, the City of Auburn shall
also be responsible to remit the agreed to payment (ATTACHMENT A) to:
Pierce County Public Works and Utilities
Surface Water Management
2702 South 42nd, Suite 201
Tacoma, WA 98409-7322
TERM OF THE AGREEMENT
SECTION 4.
. This Agreement shall have a term
commencing on the date of execution of this Agreement and terminating on December 31, 2015.
INDEMNIFICATION AND DEFENSE.
SECTION 5
.The COUNTY shall defend,
indemnify, and save harmless the City of Auburn, its officers, employees, and agents from any
and all costs, claims, judgments, or awards of damages, resulting from the acts or omissions of
the COUNTY, its officers, employees, or agents associated with this Agreement. In executing
this Agreement, the COUNTY does not assume liability or responsibility for or in any way
release the City of Auburn from any liability or responsibility which arises in whole or in part
from the existence or effect of City of Auburn ordinances, rules, regulations,resolutions,
customs, policies, or practices. If any cause, claim, suit, action or administrative proceeding is
commenced in which the enforceability and/or validity of any such City of Auburn ordinance,
rule, regulation, resolution, custom, policy or practice is at issue, the City of Auburn shall defend
the same at its sole expense, and if judgment is entered or damages are awarded against the City
of Auburn, the COUNTY, or both, the City of Auburn shall satisfy the same, including all
chargeable costs and attorney's service charges.
The City of Auburn shall defend, indemnify and save harmless the COUNTY, its
officers, employees and agents from any and all costs, claims, judgments, or awards of damages,
resulting from the acts or omissions of the City of Auburn, its officers, employees or agents
associated with this Agreement. In executing this Agreement, the City of Auburn does not
assume liability or responsibility for or in any way release the COUNTY from any liability or
responsibility which arises in whole or in part from the existence or effect of COUNTY
Interlocal Agreement Between
Pierce County and the City of Auburn
Puyallup/White River Watershed General Investigation Project
Page 2
ordinances, rules, regulations, resolutions, customs, policies, or practices. If any cause, claim,
suit, action, or administrative proceeding is commenced in which the enforceability and/or
validity of any such COUNTY ordinance, rule, regulation, resolution, custom, policy, or practice
is at issue, the COUNTY shall defend the same at its sole expense, and if judgment is entered or
damages are awarded against the COUNTY, the City of Auburn, or both, the COUNTY shall
satisfy the same, including all chargeable costs and attorney's service charges.
NON-DISCRIMINATION
SECTION 6.. The COUNTY and the City of Auburn
certify that they are Equal Opportunity Employers.
ASSIGNMENT
SECTION 7
.. Neither the COUNTY nor the City of Auburn shall
have the right to transfer or assign, in whole or in part, any or all of its obligations and rights
hereunder without the prior written consent of the other Party.
NOTICE
SECTION 8.. Any formal notice or communication to be given by the
COUNTY to the City of Auburn under this Agreement shall be deemed properly given, if
delivered to:
Mr. Kevin Snyder
Director, Planning and Development Department
City of Auburn
25 W Main St.
Auburn, WA 98001-4998
Any formal notice or communication to be given by the City of Auburn to the COUNTY
under this Agreement shall be deemed properly given, if delivered, or if mailed postage prepaid
and addressed to:
Pierce County Public Works and Utilities
Surface Water Management
2702 South 42nd, Suite 201
Tacoma, WA 98409-7322
Attention: Harold Smelt, Surface Water Management Manager
The name and address to which notices and communications shall be directed may be
changed at any time, and from time to time, by either the City of Auburn or the COUNTY giving
notice thereof to the other as herein provided.
COUNTY AS INDEPENDENT CONTRACTOR
SECTION 9.. The COUNTY is,
and shall at all times be deemed to be, an independent contractor. Nothing herein contained shall
be construed as creating the relationship of employer and employee, or principal and agent,
between City of Auburn and COUNTY or any of the COUNTY's agents or employees. The
COUNTY shall retain all authority for rendition of services, standards of performance, control of
Interlocal Agreement Between
Pierce County and the City of Auburn
Puyallup/White River Watershed General Investigation Project
Page 3
personnel, and other matters incident to the performance of services by COUNTY pursuant to
this Agreement.
Nothing in this Agreement shall make any employee of the City of Auburn a COUNTY
employee or any employee of the COUNTY a City of Auburn employee for any purpose,
including, but not limited to, for withholding of taxes, payment of benefits, worker's
compensation pursuant to Title 51 RCW, or any other rights or privileges accorded COUNTY or
City of Auburn employees by virtue of their employment.
WAIVER
SECTION 10.
. No waiver by either party of any term or condition of this
Agreement shall be deemed or construed to constitute a waiver of any other term or condition or
of any subsequent breach, whether of the same or a different provision of this Agreement.
ENTIRE AGREEMENT
SECTION 11
.. This Agreement contains all of the
Agreements of the Parties with respect to any matter covered or mentioned in this Agreement
and no prior agreements shall be effective for any purpose.
AMENDMENT
SECTION 12
.. Provisions within this Agreement may be amended
with the mutual consent of the parties hereto. No additions to, or alteration of, the terms of this
Agreement shall be valid unless made in writing, formally approved, and executed by duly
authorized agents of both parties.
NO REAL PROPERTY ACQUISITION OR JOINT FINANCING
SECTION 13.
.
This Interlocal Agreement does not provide for the acquisition, holding or disposal of real
property. Nor does this Agreement contemplate the financing of any joint or cooperative
undertaking. There shall be no budget maintained for any joint or cooperative undertaking
pursuant to this Interlocal Agreement. Nor does the City’s agreement to the distribution of the
required local share (Attachment A) for this Corps Feasibility Study establish any precedent for
funding implementation activities associated with this Study.
FILING
SECTION 14.. Copies of this Interlocal Agreement, together with the
resolution of the Pierce County Council and the City of Auburn Council Members approving and
ratifying this Agreement, shall be filed with the City of Auburn Clerk, the Pierce County
Auditor, and the Secretary of State of Washington after execution of the Agreement by both
parties.
SEVERABILITY
SECTION 15.. If any of the provisions contained in this Agreement
are held illegal, invalid or unenforceable, the remaining provisions shall remain in full force and
effect.
IN WITNESS WHERE OF, the parties have caused this Agreement to be executed on
this day of, 2010.
Interlocal Agreement Between
Pierce County and the City of Auburn
Puyallup/White River Watershed General Investigation Project
Page 4
CITY OF AUBURNP I E R C E C O U N T Y
___________________________________
__
DEPARTMENT DIRECTOR Date
___________________________________
Mayor Date
_____________________________________
DEP. PROSECUTING ATTY Date
(as to form only)
__________________________________
Approved as to Form Date ___________________________________
__
BUDGET AND FINANCE Date
___________________________________
__
COUNTY EXECUTIVE Date
(if over $50,000)
Interlocal Agreement Between
Pierce County and the City of Auburn
Puyallup/White River Watershed General Investigation Project
Page 5
Attachment A
Payment
The City of Auburn shall provide a contribution of Four Thousand One Hundred Sixty-seven
Dollars ($4,167) per year for six (6) years toward the fifty (50) percent local match required by
the Corps for the Feasibility Study. The City of Auburn contribution under the Agreement shall
be a maximum of Twenty-five Thousand Dollars ($25,000.00).