Loading...
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).