AG 16-051 - King CountyRETURN TO: 611,6"n EXT: a-763 a 3
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/DIV: PUBLIIC WORKS / MA) M `
2. ORIGINATING STAFF PERSON: ! r� GI"GLG� ��T Ol,4.) EXT: Y 2 S V 3. DATE REQ. BY: FN A S tL
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.
❑ PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT
❑ REAL ESTATE DOCUMENT
❑ ORDINANCE
❑ CONTRACT AMENDMENT (AG #):
❑ OTHER
G., RFB, RFP, RFQ)
❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ MAINTENANCE AGREEMENT
❑ HUMAN SERVICES / CDBG
❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ RESOLUTION
INTERLOCAL
5. PROJECT NAME' W 2' A ` 1
6. NAME OF CONTRACTOR:
ADDRESS: Zn
E -MAIL:
SIGNATURE NAME:
S4- ' (A. (c. to o
(E f S
IL
rc4
7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION
i
TELEPHONE:
FAX:
TITLE:
D(Q
EMILISIM
❑ INSURANCE REQUIREM NTS /CERTIFFIICCA_TE ❑ ALLY
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICNSES ❑ PRIOR CONTRACT/AMENDMENTS
UBI # , EXP. / /
CFW LICENSE #
BL, EXP. 12/31/
8. TERM: COMMENCEMENT DATE: 1,44 O or ,Q/,%ee,u h 0-v1, COMPLETION DATE: 10 9re -�
per year-• e-
9. TOTAL COMPENSATION: $ 2-3) CI z_ 5 CASk Svo-i - 'Pars` - (INCLUDE ENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
PURCHASING: PLEASE CHARGE To:
40 l- 3 tob -1v94) - -542 11 -50
10. DOCUMENT / CONTRACT REVIEW
PROJECT MANAGER
NitrildeVegtobtoilig
(do p- DEPUTY DIRECTOR
id-DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
If hi, KJLAW DEPT
11. COUNCIL APPROVAL (IF APPLICABLE)
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR
INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
COMMITTEE APPROVAL DATE: 7/& / I S
OA
DATE SENT: // /5
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
�Q LAW DEPT
SIGNATOR AYOR)R DIRECTOR)
ti CITY CLERK
XASSIGNED AG #
X.SIGNED COPY RETURNED
❑ RETURN ONE ORIGINAL
I IAL / DATE IGNED
//IOW
_W
A 4-1 -05
DATE SENT: 1 0
?f-
COUNCIL APPROVAL DATE: 7 /it Ii
S
DATE RECD: 313 l (up
t As )`■(-5-1-
COMMENTS: y _
EXECUTE ° "ORIGINALS (t 7 -694047 /S AAWU%'L 4w; /i Siuf,j 'TO �i3nZE j 1�(?�� 3 -vmles
0/2 /1202 ttizA226 J Q2 ova ,gam �1 F� Si(4//fr rr
fi
4.14 doll t- c-il I We_ AirL
Glee h cor•f r f-w.c►
--0 ! '�'fs;c Q. e+ C-t1 S �o G a_1Y1 1.
11/9
o t� (ow w, o u J I b� o je
g � ��-hp �G vwc�� A� � ev(-lvie<
INTERLOCAL AGREEMENT
For the Green River, Duwamish River, and Central Puget Sound Watersheds
within the geographic planning area of Water Resource Inventory Area 9 (which
includes portions of Water Resource Inventory Areas 8, 10, and 15)
PREAMBLE
THIS AGREEMENT ( "Agreement ") is entered into pursuant to Chapter 39.34 RCW by
and among the eligible county and city governments signing this Agreement that are located in
King County or Pierce County, lying wholly or partially within or having a major interest in the
Green River, Duwamish River, and Central Puget Sound Watersheds and within the planning and
management area of Watershed Resource Inventory Area 9, which includes portions of WRIA 8,
10, and 15, ( "WRIA 9 ") all political subdivisions of the State of Washington (individually, for those
signing this agreement, "Party ", and collectively "Parties ");
WHEREAS, the planning and management area of WRIA 9 includes all of the area
recognized by the State of Washington as WRIA 9 and portions of WRIA 8, 10, and 15;
WHEREAS, the Parties share interests in and responsibility for addressing long -term
watershed planning and conservation of the aquatic ecosystems and floodplains of the Green
River, Duwamish River, and Central Puget Sound Watersheds and wish to collectively provide for
planning, funding and implementation of various activities and projects therein; and
WHEREAS, the Parties have participated in an Interlocal Agreement for the years 2001-
2005 to develop "Making Our Watershed Fit for a King" as approved in 2005 and since amended
( "Salmon Habitat Plan "), contributed to the federally- approved Puget Sound Salmon Recovery
Plan, and desire to continue providing efficient participation in the implementation of such plans;
and
WHEREAS, the Parties took formal action in 2005 and 2006 to ratify the Salmon Habitat
Plan, and
WHEREAS, the Parties have participated in an extension of the 2001 -2005 Interlocal
Agreement and an Interlocal Agreement for the years 2007 -2015 in implementing the Salmon
Habitat Plan; and
WHEREAS, the Parties have demonstrated in the Salmon Habitat Plan that watershed
ecosystem services are worth billions of dollars of value to local people in terms of stormwater
management, pollution treatment, recreational value, and other expensive and difficult to replace
services; and
WHEREAS, the Parties seek information on watershed conditions and salmon
conservation and recovery needs to inform local decision- making bodies regarding actions in
response to listings under the Endangered Species Act ( "ESA "); and
WHEREAS, the Parties have prioritized and contributed resources and funds for
implementing projects and programs to protect and restore habitat; and
ILA WRIA9 2016 -2025 05- 14- 2015.docx Page 1
•
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
WHEREAS, the Parties have a strong interest in participating on the Puget Sound
Salmon Recovery Council because of the contributions of the Green River, Duwamish River, and
Central Puget Sound Watersheds to the overall health of Puget Sound; and
WHEREAS, the Parties have a strong interest in participating on the Washington Salmon
Coalition and other groups associated with the Salmon Recovery Funding Board to collectively
seek funding to implement the Salmon Habitat Plan; and
WHEREAS, the Parties have a strong interest to implement the Puget Sound Partnership
Action Agenda to restore the Puget Sound to health and sustain that health by 2020; and
WHEREAS, the Parties have a strong interest in participating on the Puget Sound
Salmon Recovery Council and other entities associated with Puget Sound salmon recovery and
Puget Sound South Central Action Area Caucus Group to collectively seek funding to implement
the Salmon Habitat Plan; and
WHEREAS, the Parties have a strong interest to achieve multiple benefits by integrating
salmon recovery planning and actions; and
WHEREAS, the Parties recognize that identification of watershed issues, and
implementation of salmon conservation and recovery actions may be carried out more efficiently if
done cooperatively than if carried out separately and independently; and
WHEREAS, individual Parties are taking separate and independent actions to improve
the health of the Green River, Duwamish River, and the Central Puget Sound Watersheds and
the overall health of Puget Sound;
NOW, THEREFORE, the Parties hereto do mutually covenant and agree as follows:
MUTUAL CONVENANTS AND AGREEMENTS
1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the meaning
provided for below:
1.1
1.2
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, Federal 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 9.
WRIA 9 ILA PARTIES: The Parties to the WRIA 9 Interlocal Agreement are the
Parties who sign this Agreement and are the Parties responsible for implementing this
ILA WRIA9 2016 -2025 05- 14- 2015.docx Page 2
Agreement. The Parties to this ILA shall each designate a representative and alternate
representative to the WRIA 9 Watershed Ecosystem Forum.
1.3 WRIA 9 WATERSHED ECOSYSTEM FORUM: The WRIA 9 Watershed Ecosystem
Forum referred to herein is the cooperative body comprised of the designated
representatives of the WRIA 9 ILA Parties and 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. The
WRIA 9 Watershed Ecosystem Forum shall be an advisory body responsible for
making recommendations for implementing the Salmon Habitat Plan including
substantive plan amendments recommended as a result of adaptive management or
other changed conditions.
1.4 GREEN /DUWAMISH AND CENTRAL PUGET SOUND WATERSHED WATER
RESOURCE INVENTORY AREA 9 SALMON HABITAT PLAN: The Green /Duwamish
and Central Puget Sound Watershed Water Resource Inventory Area 9 Salmon
Habitat Plan (2005 Salmon Habitat Plan or Salmon Habitat Plan) is the plan
developed by the WRIA 9 Watershed Ecosystem Forum and ratified by all of the
parties to an interlocal agreement for its development and implementation. The Salmon
Habitat Plan recommends actions that should be taken to protect and restore salmon
habitat, using an ecosystem approach, in the Green /Duwamish and Central Puget Sound
Watersheds. The Salmon Habitat Plan may be amended from time to time according to
the procedure in Section 6 herein and approved amendments shall be considered
integral parts of the Salmon Habitat Plan. Efforts under the Salmon Habitat Plan are
intended to complement habitat improvements in other parts of Puget Sound and
hatchery and harvest actions to recover Puget Sound Chinook salmon, steelhead, and
bull trout, and when implemented achieve multiple ecosystem benefits. The Salmon
Habitat Plan constitutes a chapter of the Puget Sound Salmon Recovery Plan.
1.5 MANAGEMENT COMMITTEE: The . Management Committee as referred to herein
consists of seven (7) elected officials or their designees. The seven officials of the
Management Committee are chosen by the WRIA 9 ILA Parties, according to the
voting procedures in Section 5 herein, charged with certain oversight and administrative
duties on the WRIA 9 ILA Parties' behalf.
1.6 SERVICE PROVIDER: The Service Provider, as used herein, means that agency,
government, consultant, or other entity which supplies staffing or other resources to and
for the WRIA 9 ILA Parties, in exchange for payment. The Service Provider may be a
Party to this Agreement.
1.7 FISCAL AGENT: The Fiscal Agent refers to that agency or government which performs
all accounting services for the WRIA 9 ILA Parties as it may require, in accordance with
the requirements of Chapter 39.34 RCW.
ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 3
1.8 STAKEHOLDERS: Stakeholders refers to those public and private entities within WRIA
9 who reflect the diverse interests integral to implementing the Salmon Habitat Plan,
and may include but is not limited to environmental and business interests.
2. PURPOSES. The purposes of this Agreement include the following:
2.1 To provide a 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, floodplain management,
surface and groundwater quality, water quantity, and habitat.
2.3 To provide information for WRIA 9 ILA Parties to inform land use planning, regulations,
environmental programs, education, and enforcement of applicable codes.
2.4 To provide a mechanism and governance and funding structures for jointly implementing
the Salmon Habitat Plan.
2.5 To develop and take actions on key issues during the implementation of the Salmon
Habitat Plan.
2.6 To provide a mechanism for cooperative review and implementation of recommended
policies and regulations needed for response to listings under the Endangered Species
Act.
2.7 To provide a venue for the ongoing participation of 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.
2.8 To provide a mechanism for securing technical assistance and any available funding from
federal, state, and other sources to implement the Salmon Habitat Plan.
2.9 To provide a mechanism for implementing other multiple benefit habitat, surface and
groundwater quality, water quantity, floodplain management, and flood hazard reduction
projects with other local, regional, tribal, state, federal and non - profit funds as may be
contributed to or secured by the WRIA 9 ILA Parties and Watershed Ecosystem
Forum.
2.10 To annually recommend WRIA 9 administrative support, projects, and programs for
funding by the King County Flood Control District through the District's Cooperative
Watershed Management grant program.
2.11 To annually recommend projects for implementation of planning, engineering, permitting
and construction tasks for the Green /Duwamish Ecosystem Restoration Project in
partnership with the U.S. Army Corps of Engineers.
ILA_ WRIA9_2016 - 2025_05- 14- 2015.docx Page 4
2.12 To provide a framework for cooperating and coordinating among the Parties on issues
relating to WRIA 9 to meet the requirement of a commitment by any Party to participate in
WRIA 9 planning and implementation, to prepare or implement a basin plan, or to
respond to any state or federal law which may require these actions as a condition of any
funding, permitting or other program of state or federal agencies. Participation is at the
discretion of such Party to this Agreement.
2.13 To provide a mechanism to approve and support, through resources and funding from
grant sources or other means, implementation of restoration and protection projects and
programs.
2.14 To provide a mechanism for on -going monitoring and adaptive management of the
Salmon Habitat Plan as defined in the Plan and agreed to by the WRIA 9 ILA Parties
and Watershed Ecosystem Forum.
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 by at
least five (5) 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 government, and further provided that after such signatures this
Agreement has been filed by King County in accordance with the terms of RCW 39.34.040 and
.200. Once effective, this Agreement shall remain in effect for an initial term of ten (10) years;
provided, however, that this Agreement may be extended for such additional terms as the Parties
may agree to in writing with such extension being effective upon its execution by at least five (5)
of the eligible 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 government, and further provided that after such signatures this Agreement
has been filed by King County in accordance with the terms of RCW 39.34.040 and .200. Such
extension shall bind only those Parties executing the extension.
4. ORGANIZATION AND MEMBERSHIP. The Parties to this Agreement serve as the formal
governance structure for carrying out the purposes of this Agreement.
4.1 Each Party to this Agreement except Tacoma shall appoint one (1) elected official to
serve as its primary representative, and one (1) alternate representative to serve on the
WRIA 9 Watershed Ecosystem Forum. The alternate representative may be a different
elected official or senior staff person. Tacoma's representative shall be the Tacoma
Water Superintendent or designee, which designee shall be a senior staff position.
4.2 Upon the effective execution of this Agreement and the appointment of representatives to
the WRIA 9 Watershed Ecosystem Forum, the appointed representatives of the WRIA
9 ILA Parties shall meet and choose from among its members, according to the
ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 5
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
ILA Parties. Representatives of the Fiscal Agent and Service Provider may serve as
non - voting ex officio members of the Management Committee. The Management
Committee shall act as the executive subcommittee of the WRIA 9 ILA Parties,
responsible for oversight and evaluation of any Service Providers or consultants,
administration of the budget and work plan, and for providing recommendations on
administrative matters to the WRIA 9 ILA Parties for action, consistent with other
subsections of this section. The appointed representatives of the WRIA 9 ILA Parties
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 WRIA 9 ILA
Parties and the Watershed Ecosystem Forum by the Service Provider, which shall
be King County Department of Natural Resources and Parks, unless selected otherwise
by the WRIA 9 ILA Parties. The Management Committee shall prepare a Memorandum
of Understanding to be signed by a representative of the Service Provider, and the
Chair of the WRIA 9 Management Committee., and this Memorandum of Understanding
shall set out the expectations for services so provided. Services should include, without
limitation, identification of and job descriptions for dedicated staff, description of any
supervisory role retained by the Service Provider over any staff performing services
under this Agreement, and a method of regular consultation between the Service
Provider and the Management Committee concerning the performance of services
hereunder.
4.3.1 A subset of the Parties 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 the Chair of the
WRIA 9 Management Committee, which shall set out the expectations for the
additional services to be provided to the subset of the Parties to this Agreement.
4.4 The WRIA 9 ILA Parties 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 every third year by the
ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 6
WRIA 9 Management Committee. Individual Party cost shares may change more
frequently than every three years for Parties involved in an annexation that changes the
area, population, and assessed value calculation of such Party to the extent that the cost
shares established by the formula set forth in Exhibit A would be changed by such
annexation. Tacoma's cost share will be determined on an annual basis by the
Management Committee, and will be included in the annual updates to Exhibit A. The
weight accorded Tacoma's vote for weighted voting pursuant to Section 5 herein shall
correspond to Tacoma's cost share for each year relative to the cost shares contributed
by the other Parties.
4.4.1 The level of funding, total resource obligations, and allocation of obligations for
those members of the Parties that agree to cost share additional services
pursuant to Subsection 4.3.1 herein shall be negotiated and determined by those
Parties purchasing the additional services.
4.5 The WRIA 9 ILA Parties shall incorporate the negotiated additional cost share and
incorporate the services in the annual budget and work plan. The WRIA 9 ILA Parties
shall oversee and administer the expenditure of budgeted funds and shall allocate the
utilization of resources contributed by each Party or obtained from other sources in
accordance with the approved annual work program.
4.6 The WRIA 9 ILA Parties shall review and evaluate the duties to be assigned to the
Management Committee hereunder and the performance of the Fiscal Agent and
Service Provider to this Agreement, and shall provide for whatever actions are
necessary to ensure that quality services are efficiently, effectively and responsibly
delivered in the performance of the purposes of this Agreement. The performance of the
Service Provider shall be assessed every year.
4.7 The Parties to the WRIA 9 Interlocal Agreement may contract with similar watershed
forum governing bodies such as the Puget Sound Partnership or any other entities for
any lawful purpose related to the purposes provided for in this Agreement. The Parties
may choose to create a separate legal or administrative entity under applicable state law,
including without limitation a nonprofit corporation or general partnership, to accept
private gifts, grants or financial contributions, or for any other lawful purpose consistent
with the purposes provided for herein.
4.8 The WRIA 9 ILA Parties shall adopt other rules and procedures that are consistent with
its purposes as stated herein and are necessary for its operation.
5. VOTING. The WRIA 9 ILA Parties shall make decisions, approve scopes of work, budgets,
priorities, and any other actions necessary to carry out the purposes of this Agreement as follows:
5.1 Decisions shall be made using a consensus model as much as possible. Each Party
agrees to use its best efforts and exercise good faith in consensus decision - making.
Consensus may be reached by unanimous agreement of the Parties. If unanimous
ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 7
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 Parties to the WRIA 9 Interlocal Agreement , the WRIA 9 ILA Parties
shall take action on a dual- majority basis, as follows:
5.2.1 Each Party, through its appointed representative, may cast its weighted vote in
connection with a proposed WRIA 9 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.
6. IMPLEMENTATION and ADAPTIVE MANAGEMENT OF THE SALMON HABITAT PLAN. The
Salmon Habitat Plan shall be implemented consistent with the following:
6.1 The WRIA 9 Watershed Ecosystem Forum shall provide information to the WRIA 9 ILA
Parties regarding progress in achieving the goals and objectives of the Salmon Habitat
Plan. Recommendations of the WRIA 9 Watershed Ecosystem Forum are to be
consistent with the purposes of this Agreement. The WRIA 9 ILA Parties may authorize
additional advisory bodies to the WRIA 9 Watershed Ecosystem Forum such as a
technical committee and adaptive management work group. The Watershed Ecosystem
Forum shall develop and approve operating and voting procedures for its deliberations,
but such procedures do not affect the voting provisions contained in this Agreement for
the WRIA 9 ILA Parties .
6.2 The WRIA 9 ILA Parties shall act to approve or remand any substantive changes to the
Salmon Habitat Plan based upon recommendations by the WRIA 9 Watershed
Ecosystem Forum within ninety (90) days of receipt of the proposed changes, according
to the voting procedures of Section 5 herein. In the event that the Salmon Habitat Plan
changes are not so approved, the recommended changes shall be returned to the WRIA
9 Watershed Ecosystem Forum for further consideration and amendment and
thereafter returned to the WRIA 9 ILA Parties for decision.
6.3 The WRIA 9 ILA Parties shall determine when ratification is needed of substantive
changes to the Salmon Habitat Plan. The changes shall be referred to the Parties for
ratification prior to the submission to any regional, state, or federal agency for further
action. Ratification means an affirmative action, evidenced by a resolution, motion, or
ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 8
ordinance of the local government's legislative body, by at least five Parties representing
at least seventy percent (70 %) of the total population within the geographic planning and
management area of WRIA 9.
6.4 Upon remand for consideration of any portion or all of the changes to the Salmon
Habitat Plan by any regional, state or federal agency, the WRIA 9 ILA Parties shall
undertake a review for consideration of the remanded changes to the plan. The WRIA 9
ILA Parties may include further referral to the WRIA 9 Watershed Ecosystem Forum
for recommendation or amendments thereto.
6.5 The Parties agree that any changes to the Salmon Habitat Plan shall not be forwarded
separately by any Party 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 ILA Parties under this
Agreement, including all such obligations related to the WRIA 9 ILA Parties and WRIA 9
Watershed Ecosystem Forum funding, technical support and participation in related
planning and implementation of projects, and activities as set forth herein. It is
anticipated that separate actions by the legislative bodies of the Parties will be necessary
from time to time in order to carry out these obligations.
7.2 The maximum funding responsibilities imposed upon the parties during each year of this
Agreement shall not exceed the amounts that are established annually pursuant to
Section 4.4 herein.
7.3 No later than September 1 of each year of this Agreement, the WRIA 9 ILA Parties shall
adopt a budget, including its overhead and administrative costs, for the following calendar
year. The budget shall propose the level of funding and other (e.g., staffing)
responsibilities of the individual parties for the following calendar year and shall propose
the levels of funding and resources to be allocated to specific prioritized planning and
implementation activities within WRIA 9. The Parties shall thereafter take whatever
separate legislative or other actions as may be necessary to address such individual
responsibilities under the proposed budget, and shall have done so no later than
December 1 of each year. Parties may elect to secure grant funding to meet their
individual obligations.
7.4 Funds collected from the Parties or other sources on behalf of the WRIA 9 ILA Parties
shall be maintained in a special fund by King County as Fiscal Agent and as ex officio
treasurer on behalf of the WRIA 9 ILA Parties pursuant to rules and procedures
established and agreed to by the WRIA 9 ILA Parties. Such rules and procedures shall
set out billing practices and collection procedures and any other procedures as may be
necessary to provide for its efficient administration and operation.
ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 9
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 interest 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 ILA Parties 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 Fiscal
Agent. The amount of payment is determined jointly by the existing WRIA 9 ILA Parties and the
new Party. The payment of the new Party is to be a fair and proportionate share of all costs
associated with activities undertaken by the WRIA 9 ILA Parties as of the date the government
becomes a new Party. Any government that becomes a Party pursuant to this section shall
thereby assume the general rights and responsibilities of all other Parties.
9. TERMINATION.
9.1 Termination can only occur on an annual basis, beginning on January 1 of each calendar
year, and then only if the terminating Party, through action of its governing body, provides
at least sixty (60) days' prior written notice of its intent to terminate. The terminating Party
shall remain fully responsible for meeting all of its funding and other obligations through
the end of the calendar year in which such notice is given, together with any other costs
that may have been incurred on behalf of such terminating Party up to the effective date
of such termination. It is possible that the makeup of the Parties to this Agreement may
change from time to time. Regardless of any such changes, the Parties choosing not to
exercise the right of termination shall each remain obligated to only meet their respective
share of the obligations of the WRIA 9 ILA Parties as reflected in the annual budget.
The shares of any terminating Party shall not be the obligation of any of the Parties not
choosing to exercise the right of termination.
9.2 This Agreement may be terminated in its entirety at any time by the written agreement of
all of the Parties. In the event this Agreement is terminated all unexpended funds shall
be refunded to the Parties pro rata based on each Party's cost share percentage of the
total budgeted funds and any real or personal property acquired to carry out the purposes
of this Agreement shall be returned to the contributing Party if such Party can be
identified, and if the Party cannot be identified, the property shall be disposed of and the
proceeds distributed pro rata as described above for unexpended funds.
10. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by 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
ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 10
Parties, their officers, elected officials, agents and employees, while acting within the scope of
their employment as such, from and against any and all claims (including demands, suits,
penalties, liabilities, damages, costs, expenses, or losses of any kind or nature whatsoever)
arising out of or in any way resulting from such Party's own negligent acts or omissions related to
such Party's participation and obligations under this Agreement. Each Party to this Agreement
agrees that its obligations under this subsection extend to any claim, demand and /or cause of
action brought by or on behalf of any of its employees or agents. For this purpose, each Party, by
mutual negotiation, hereby waives, with respect to the other Parties only, any immunity that would
otherwise be available against such claims under the industrial insurance act provisions of Title
51 RCW. In the event that either Party incurs any judgment, award, and /or cost arising
therefrom, including attorneys' fees, to enforce the provisions of this Section, all such fees,
expenses, and costs shall be recoverable from the responsible Party to the extent of that Party's
culpability. The provisions of this Section shall survive and continue to be applicable to Parties
exercising the right of termination pursuant to Section 9 herein.
11. NO ASSUMPTION OF LIABILITY. In no event do the Parties to this Agreement intend to assume
any responsibility, risk or liability of any other Party to this Agreement or otherwise with regard to
any Party's duties, responsibilities or liabilities under the Endangered Species Act, or any other
act, statute, regulation or ordinance of any local municipality or government, the State of
Washington, or the United States.
12. VOLUNTARY AGREEMENT. This Agreement is voluntary and is acknowledged and agreed that
no Party is committing to adopt or implement any actions or recommendations that may be
contained in the Salmon Habitat Plan.
13. NO PRECLUSION OF ACTIVITIES OR PROJECTS. Nothing herein shall preclude any one or
more of the Parties from choosing or agreeing to fund or implement any work, activities or
projects associated with any of the purposes hereunder by separate agreement or action,
provided that any such decision or agreement shall not impose any funding, participation or other
obligation of any kind on any Party which is not a party to such decision or agreement.
14. NO THIRD PARTY RIGHTS. Nothing contained in this Agreement is intended to, nor shall it be
construed to, create any rights in any third party, including without limitation the National Oceanic
and Atmospheric Administration - Fisheries, United States Fish and Wildlife Service, any agency
or department of the United States, or the State of Washington, or to form the basis for any
liability on the part of the WRIA 9 ILA Parties or any of the Parties, or their officers, elected
officials, agents and employees, to any third party.
15. AMENDMENTS. This Agreement may be amended, altered or clarified only by the unanimous
consent of the Parties to this Agreement, and requires authorization and approval by each Party's
governing body.
16. COUNTERPARTS. This Agreement may be executed in counterparts.
ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 11
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: ill, Al D
Date: Date: 02-/L— 1 4
ILA_WRIA9_ 2016- 2025_(WEFApproved2- 12- 15).docx Page 12
CITY OF AUBURN:
By:
Title: AM/4
Date:.
ILA WRIA9_2016- 2025_05- 14- 2015.docx Page 13
Approved as to form: CITY OF BLACK DIAMOND:
By: By:
Title: Title:
Date: Date: g� / //S
ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 14
Approved as to form:
By:
Title:
Date:
CITY OF BURIEN:
Title:
Date:
Pi b L,Z WoykDirEdvr
qlot lac
ILA_WRIA9_2016- 202505- 14- 2015.docx Page 15
Approved as to form:
By:
Title:
Date: 101 l
CITY OF COVIN
By:
Title:
Date:
ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 16
Approved as to form: CITY OF DES MOINES:
By:
Title: 6 /Q'rtW,(1
Date: 717J'S /l
By:
Title:
Date:
7/0YA
ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 17
Approved to form:
By:
Title:
Date:
-11 -t 6
CITY OF ENUMCLAW:
ILA WRIA9 2016 -2025 05- 14- 2015.docx Page 18
Approved as to form:
By.
Title: Af 4.4 (41 44-4oAne
Date: g/10/ i5
CITY OF FEDERAL WAY:
By:
Title:
Date: / //:"
ILA WRIA9 2016 -2025 05- 14- 2015.docx Page 19
Approved as to form:
CITY OF KENT:
By: By:
11AUt Tfrit
Title: et 'itY t Title
Date: ell ` 15 Date:
ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 20
Approved as to form:
By:
Title:
Date:
/141/4'
1,4)4pay/ly
///r
KING COUN
By:
Title:
Date:
2/2 -/2o/5
ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 21
Approved as to form: CITY OF M
By:
Title: CI 411 141
Date: 10—
+ ^'
By:
Title:
Date:
ILA WRIA9 2016 -2025 05- 14- 2015.docx Page 22
Approved as to form:
By: By:
Title: Title:
Date: �/% %�—/ Date:
CITY OF NORMANDY PARK:
M CIA-raft,-
f
ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 23
Approved to form: CITY OF RENTON:
rit%47
By:�`-'`"'�'`-
Title: City Attorney Title: Mayor
Date:
q/2.1 1 I 6 Date: gb4/1-
Attest:
Jas .r Seth, ,/ ity Clerk
ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 24
Approved as to form:
By:
Title: 6/41
Date: /t /J
•
CITY OF SEATA
By:
Title: ury AkkaCYL
Date: g 1 s
ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 25
Approved as to form: CITY OF SEATTLE:
By:
Title:
Date:
j�G y l t
I4sci C 4tfavoe/
or/is-
By:
Title:
Date:
tAff6r-.
�Q2cZ -' S
ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 26
Approved as to form:
By:
Title: Chief Deputy City Attorney
Date:
CITY OF TACOMA:
By:
Iliam A. Gaines
Title: Director of Utilities /CEO
Date:
Linda McCrea
Title: Water Superintendent
Title: Finance Director
Date: ' 2-?
ORIGINAL
ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 27
Approved as to form:
B
Title: 'QUCAV. 1`I),51liv, ,Cti ?�
Date: Jab) XS i )D 1S
CITYJKWILA:
By:
Title:
Date:
ILA_ WRIA9_2016 - 2025_05- 14- 2015.docx Page 28
a)
0)
a)
a)
L.
i
co
o
a)
M
N
nr a)
a
a)
co
z
o
U
as a)
0 a)
-Q
O
a)
a3
z
as
a
a)
co
co
a)
co
co
as
la
G
as
'0 O
N
O O
N
ai O
L. N z
a) IS)
(off r
Et z 76
ce m
(o .s. /
L y 0
co
-. 0Q a
0 : N E
N LL N w O
d Q E
y .0 o •
V d 3 co
N
Q to z ca w
— m a) C m
II a 0 N C: m y N
K O o a)
LLI O: LL z 'v) co
WRIA 9 Jurisdiction
Y
c co
° u) mm w aa)i a
a) c >.
co c
O • CO
0 C 0 -15). ° U. N O >c,0 0 co _j
c'5 Y 0 c E a) _ U N E H '§- a
O .n U •C > CO 7 '° C O -,CD
O a) CO (o Y•
Q< CO c 0 0 W LL Y'' Zcc CnCnH O
r N M V CO CO Ps CO O) CO r N 0) Tr CO O aa
M
+Tacoma $18,820
Cost -Share Amount
(Average of Pop, AV,
Area)*
CO CO Tr N N- M CO CO N Ps Ps r 1- 1- CO O
CO OD r O O r O N 0) Ps O r O) O N d' O
N. CO N O N CO d' O) (4 O) O O) N M (O d' O
N d' O) co r N M r (o (O 0) O r 0) CV O
N ER r ER r 64 CV O O ER ER r r O r 0
ER to ER ER ER '-
69. ER ER ER '- ER Tr
0 0 0 0 0 0 0 0 \° \° 0 0 0 0\ o \°
0 0 0 oO o 0 0 0 ° ° o 0 0 0 0 0 0
O O Tr N Tr - 0 0 0 0 r- r- 0 0 N- O
T 1) O CO O CD O CD )` . OD O) N. 00 O O O
O O - V N N 0 O N r O M N N 0) O
Adjusted
Area % Acres
(O 00 O t- 00 O r N- M )` O r O) r O r
O N N r 0 O CO N f- CD r N 0 0 CO N e6
0) O OD O C) r 0 a0 r 0') Ti 0) (o N O) I'-
OD O O Tr )` O CO Tr CO M M CD O) CD r CO M
co O co co )- 0) co.. O ti co O CC) O O O) W,.
N O 0) 0) 00 .- a0 M .- (O T' O) O r -
N r r N
r N
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0)) 000 On O (COO C d. 00 r n CO0 O (OO O
6 r N r r O o (A 2 r ONrOAN
Assessed
Value (AV)
Adjusted AV
0 0 O (s CD O O (O 0) N 0 0 0 0 0) Tr CD
O O CO 00 0) 0 0 N r 0 0 0 O Is r
(O OD M O N r O r CO T .O CO CO r N- O r-
05 .- O 00 a0 O 0) T N CA Or) O I- 00 Tr= O) O
C-- O Tr M O O r- M_ N_ CO CO N Tt N CO O r
M Nr M O O r O) Tr N M (0 N O) O)
h OD O (O N 07 (o r O co oi O O Ti. (O Nr'
O) r CD O O O) Ps r I- O (O O O O O) O
r 01 O OD 0). C- O M (O N OD N N CD (O O r
ER 6 U). 6 r N IA O N r T- r N N ,47 `7 O
ER ER ER ER ER r .- ER ER ER vi Tr ER 0
ER ER ER ,- ER
0 0 0 0 0 0 0 0 ° 0 0 0 0° 0
.- O Or OD ((°O 6 0 0 0 1- N O Ps d. 0) O
0 0 O O r N O O oi ci r ref N M Or
Population Adjusted
(Pop) % Pop
M (0 O CID O O O CO O r O) O <- O Ps O
Tr O N O CD CD (O r O O O) M N O') CD O N-
O CD r O r O 00 CD CO Ps_ N Tr N 6 N O N
r 0 Ti. Ti N- O) O CO r r (O O O O OD
V" N' .- N CO r 0 r M N N. r-
T... r r CO
0 0 0 0_ 0 0 0 0 ,°mod. o 0 0 o W( 0
N O co co In 0 CO CO O . O CEO 00) 'c - N r co O O
O (o O co N 4 O oi 6 6 r O et ch N N Or
WRIA 9 Jurisdiction
Y
C a x (o
O T N
0 N 0_
E c 3
co 0 (o'O
C 0 ° O 0 ,> C U N
C 0 Y 0 C E 0 :r U d E 0 H B
m 7 N 0 0 0 c tea) aa)) c 0 O aa)) a0) a0) O
<< 00 10 0 0 w u_ Y Y 2 Z CC (n cn H
C-. N 00 V O co r- 00 CD O r N 0) Nr 0 O
O
E
0
a)
t
U
c
.0)
N
c)
U
O
a)
co
.0
u)
c
O
0
O
0.
U
O
CD
C
O
0
c
C
co
O
Z
1)
6Y
O
w
Z
C
Y
.c
c
0
c
a)
m
0
a)
c
2
O
Z
O
c
O
X
a)
c
c
0
rn
O
O
N
U
a)
ate)
0)
(o
()
O u)
O C
o
w (IX
OC
Z
DATA SOURCES:
7E
a)
C2 a)
O
v) a Q
'F) C E
>, O
a) N
c > c
a) 0 _
O >i
c
2 Q o
.O U
a) ° a
7 0)
O O 0
N 0
0
_ °a o
N >_ a a)
7 Co
C
0 x a)
L
Q co Q
O 03 (o
= a) N
a) 0 co
CD
O c c ai al
. a 0 0
t
o n mJa c >
"-'a2 -0 co
C
E a) O
c oO NU
0 11
V cu a M
0 CO O I- _:.
'O
O o O o
E 3 (o
> 7 7
co O 0 O Co
> Q
O 0 > a) I\ (0
0 0 `) Vc o
7 (n c (0 " o
0 co) a) u) O+
CL 13) co
Q 0 N j (o
E.
c ca a N > oi
U . D m > d
w c c
CD 0 0 CO a) c
cu co co
u°) ... 0 (V o
CD (0'o0 C N N V
his c o g
g c E c
(° cy a) o m 0 as o cc
«U 0 c N N
� _ � 1 _.
m Y °: c uO C
�, m 0 .c
w
0 O O V
N N <7 4. ....
• • Ec