HomeMy WebLinkAboutPW15-305 - Original - Water Resource Inventory Area (WRIA) 8 - Preservation & Restoration of Salmon Habitat in the Cedar River Watershed - 1/1/2016 oc p
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Water Resource Inventory Area (WRIA) 8
Vendor Number:
ID Edwards Number
Contract Number: f7w I,�5— �1)o!:S
This is assigned by City Clerk's Office
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Project Name: WRIA 8 Interlocal Agreement
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Description: ® Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
❑ Other:_
Contract Effective Date: upon signature of at least (9) members January 1, 2016
Termination Date: Once signed will remain in effect through Dec. 31, 2025
Contract Renewal Notice (Days): N/A
Contract Manager; Mike Mactuds Department; PW Environmental
Contract Amount: N/A
Approval Authority: (CIRCLE ONE) Department Director Mayor City Council
Detail: (i.e. address, location, parcel number, tax id, etc.).
Interlocal Agreement with WRIA 8 — The City of Kent's Clark Springs municipal
water supply is located m the Rock Creek sub-watershed and during certain
times of the year, provides a majority of the city's water supply.
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As of: 08/27/14
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INTERLOCAL AGREEMENT
For the Watershed Basins within Water Resource Inventory Area 8
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
and Snohomish Counties, lying wholly or partially within the management area of Watershed
Resource Inventory Area ("WRIA")8, which includes all or portions of the Lake Washington,
Cedar River, and Sammamish River basins, all political subdivisions of the State of Washington
(individually for those signing this Agreement, "party", and collectively"parties"). The parties
share interests in and responsibility for addressing long-term watershed planning and
conservation.
WHEREAS, the parties share interests in and responsibility for addressing long-term
watershed planning and conservation of the aquatic ecosystems and floodplains for purposes of
implementing the Lake Washington/Cedar/Sammamish Watershed (WRIA 8) Chinook Salmon
Conservation Plan ("WRIA 8 Plan") and improving watershed health for the watershed basins in
WRIA 8 and wish to provide for funding and implementation of various activities and projects
therein; and
WHEREAS, Puget Sound Chinook salmon, including the WRIA 8 Cedar and Sammamish
populations, were listed as threatened under the Endangered Species Act(ESA) in 1999; and
WHEREAS, the parties recognize their participation in this Agreement demonstrates their
commitment to proactively working to address the ESA listing of Chinook salmon; and
WHEREAS, the parties recognize achieving WRIA 8 salmon recovery and watershed
health goals requires a recommitment to, and acceleration of, the collaborative implementation
and funding of salmon recovery actions, and
WHEREAS, the parties have participated in an Interlocal Agreement for the years 2001-
2005 to develop the WRIA 8 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 WRIA 8 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 to implement the WRIA 8 Plan;
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 ESA; and
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1 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015
WHEREAS, the parties have prioritized and contributed resources and funds for
implementing projects and programs to protect and restore salmon habitat; and
WHEREAS, the parties wish to monitor and evaluate implementation of the WRIA 8 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 recognize climate change is likely to affect watershed ecosystem
function and processes, and salmon habitat restoration actions are a proactive approach to
making the watershed ecosystem more resilient to changing conditions, which supports
watershed health for human communities and salmon populations; and
WHEREAS, the parties have an interest in participating on the Puget Sound Salmon
Recovery Council and other groups associated with Puget Sound recovery because of the
contributions of the Lake Washington/Cedar/Sammamish Watershed to the overall health of
Puget Sound and to collectively seek funding to implement the WRIA 8 Plan; and
WHEREAS, the parties have an 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 WRIA 8 Plan; and
WHEREAS, the parties have an interest in supporting implementation of the Puget
Sound Partnership Action Agenda to restore the health of Puget Sound as it relates to salmon
recovery and WRIA 8 priorities; and
WHEREAS, the parties recognize the importance of efforts to protect and restore habitat
for multiple species in the Lake Washington/Cedar/Sammamish Watershed, including Lake
Sammamish kokanee, and will seek opportunities to partner and coordinate Chinook recovery
efforts with these other efforts where there are overlapping priorities and benefits; and
WHEREAS, the parties have an interest in achieving multiple benefits by integrating
salmon recovery planning and actions with floodplain management, water quality and agriculture;
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;
NOW, THEREFORE, in consideration of the mutual promises, benefits and covenants
contained herein, the parties hereto do mutually covenant and agree as follows:
2 Final WRIA 8 Interlocal Agreement 2016-2025 July 16, 2015
MUTUAL COVENANTS AND AGREEMENTS
1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the meaning
provided for below:
1.1. ELIGIBLE JURISDICTIONS: The governments eligible for participation in this,agreement
as parties are the Counties of King and Snohomish; the cities of Bellevue, Bothell, Brier,
Clyde Hill, Edmonds, Everett, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park,
Lynnwood, Maple Valley, Medina, Mercer Island, Mill Creek, Mountlake Terrace,
Mukilteo, Newcastle, Redmond, Renton, Sammamish, Seattle, Shoreline, Woodinville;
the towns of Beaux Arts, Hunts Point, Woodway and Yarrow Point; and other interested
public agencies and tribes.
1.2. WRIA 8 SALMON RECOVERY COUNCIL: The WRIA 8 Salmon Recovery Council
created herein is the governing body responsible for implementing this Agreement and is
comprised of members who are designated representatives of eligible jurisdictions who
have authorized the execution of and become parties to this Agreement. In addition, the
WRIA 8 Salmon Recovery Council includes members who are not representatives of
the parties and are comprised of a balance of stakeholder representatives and any other
persons who are deemed by the parties to this Agreement to be appropriate for the
implementation and adaptive management of the WRIA 8 Plan. The appointed
representatives of parties will appoint the members who are not representing parties,
using the voting provisions of Section 5 of this Agreement.
1.3. LAKE WASHINGTONICEDARISAMMAMISH WATERSHED (WRIA 8).CHINOOK
SALMON CONSERVATION PLAN,JULY 2005: WRIA 8 Plan as referred to herein is
the three volume document, and any subsequent updates adopted in accordance with
the procedures provided for in Section 6 below, developed in partnership with
stakeholder representatives and ratified by the parties to this Agreement for the purposes
of preserving, protecting, and restoring habitat with the intent to recover listed species,
including sustainable, genetically diverse, harvestable populations of naturally spawning
Chinook salmon.
1.4 MANAGEMENT COMMITTEE: Management Committee as referred to herein consists
of five (5) elected officials or their designees which elected officials are chosen by the
party members of the WRIA 8 Salmon Recovery Council, according to the voting
procedures in Section 5, and charged with staff oversight and administrative duties on the
WRIA 8 Salmon Recovery Council's behalf.
1.5 SERVICE PROVIDER(S): ServiceProvider(s), as used herein, means that agency,
government, consultant or other entity which supplies staffing or other resources to and
for the WRIA 8 Salmon Recovery Council, in exchange for payment. The Service
Provider(s)may be a party to this Agreement.
3 Final WRIA 8 Interlocal Agreement 2016-2025 July 16, 2015
1.6 FISCAL AGENT: The Fiscal Agent refers to that agency or government which performs
all accounting services for the WRIA 8 Salmon Recovery Council, as it may require, in
accordance with the requirements of Chapter 39.34 RCW.
1.7 STAKEHOLDERS: Stakeholders refers to those public and private entities within the
WRIA who reflect the diverse interests integral for planning, implementation, and
adaptive management for the recovery of the listed species under the Endangered
Species Act, and may include but are not limited to environmental and business interests.
2. PURPOSES. The purposes of this Agreement include the following:
2.1 To provide a mechanism and governance structure for the implementation and adaptive
management of the implementation of the WRIA 8 Plan
2.2 To share the cost of the WRIA 8 Service Provider team to coordinate and provide the
services necessary for the successful implementation and management of the WRIA 8
Plan. The maximum financial or resource obligation of any participating eligible
jurisdiction under this Agreement shall be limited to its share of the cost of the Service
Provider staff and associated operating costs.
2.3 To provide a mechanism for securing technical assistance and funding from state
agencies or other sources.
2.4 To provide a mechanism for the implementation of other multiple benefit habitat, water
quality and floodplain management projects with local, regional, state, federal and non-
profit funds as may be contributed to or secured by the WRIA 8 Salmon Recovery
Council.
2.5 To annually recommend WRIA 8 salmon recovery programs and projects for funding by
the King County Flood Control District through the District's Cooperative Watershed
Management grant program.
2.6 To serve as the salmon recovery"Lead Entity'as designated by state law(Chapter 77.85
RCW) for WRIA 8, The Lead Entity is responsible for developing a salmon recovery
strategy, working with project sponsors to develop projects, convening local technical and
citizen committees to annually recommend WRIA 8 salmon habitat restoration and
protection projects for funding by the State of Washington Salmon Recovery Funding
Board, and representing WRIA 8 in Puget Sound region and state wide salmon recovery
forums.
2.7 To provide a framework for cooperation and coordination among the parties on issues
relating to the implementation and management of the implementation of the WRIA 8
Plan and to meet the requirement or a commitment by any party to participate in WRIA-
based or watershed basin planning in response to any state or federal law which may
require such participation as a condition of any funding, permitting or other program of
state or federal agencies, at the discretion of such party to this Agreement-
4 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015
2.8 To .develop and articulate WRIA-based positions on salmon habitat, conservation and
funding to state and federal legislators.
2.9 To provide for the ongoing participation of citizens and other stakeholders in such efforts
and to ensure continued public outreach efforts to educate and garner support for current
and future ESA efforts.
2.10 To provide information for parties to use to inform land use planning, regulations, and
outreach and education programs.
2.11 To provide a mechanism for on-going monitoring and adaptive management of the WRIA
8 Plan 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 individual jurisdiction or water quality policy bodies such as the Regional
Water Quality Committee.
3. EFFECTIVE DATE AND TERM. This Agreement shall become effective on January 1, 2016
provided it has been signed by that date by at least nine (9) of the eligible jurisdictions within
WRIA 8 representing at least seventy percent(70%) of the affected population, as authorized by
each jurisdiction's legislative body, and further provided that after such signatures this Agreement
has been filed by King County and Snohomish County in accordance with the terms of RCW
39.34.040 and .200. If such requirements are not met by January 1, 2016, then the effective date
of this Agreement shall be the date on which such requirements are met. This Agreement
provides the mechanism and governance structure for implementation of the WRIA 8 Plan from
January 1, 2016 through December 31, 2025. Once effective, this Agreement shall remain in
effect through December 31, 2025; 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 nine (9) of the eligible jurisdictions within WRIA 8 representing at
least seventy per cent(70%)of the affected population,.
4. ORGANIZATION AND NATURE OF WRIA 8 SALMON RECOVERY COUNCIL. The parties
hereby establish a governing body for WRIA 8 and the Lake Washington-Cedar and Sammamish
watershed basins and associated Puget Sound drainages(hereinafter the"WRIA 8 Salmon
Recovery Council') the precise boundaries of which are established in Chapter 173-500 WAC,
or as determined by the WRIA 8 Salmon Recovery Council, to serve as the formal governance
structure for carrying out the purposes of this Agreement in partnership with non-party members.
Each party to this agreement shall appoint one (1) elected official to serve as its representative on
the WRIA 8 Salmon Recovery Council. The WRIA 8 Salmon Recovery Council is a voluntary
association of the county and city governments, and other interested public agencies and tribes,
located wholly or partially within the management area of WRIA 8 and the Lake
Wash ington/Cedar/Sammannish watershed basins and associated Puget Sound drainages who
5 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015
choose to be parties to this Agreement. Representatives from stakeholder entities who are
selected under the voting provisions of Section 5.2 of this agreement are also part of this
association.
4.1 Upon the effective execution of this agreement and the appointment of representatives to
the WRIA 8 Salmon Recovery Council, the party members of the WRIA 8 Salmon
Recovery Council shall meet and choose from among its members, according to the
voting provisions of Section 5, five (5) elected officials or their designees, to serve as a
Management Committee to oversee and direct the funds and personnel contributed
under this Agreement, in accordance with the adopted annual budget and such other
directions as may be provided by the party members of the WRIA 8 Salmon Recovery
Council. 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 an executive subcommittee of the WRIA 8 Salmon Recovery
Council, responsible for oversight and evaluation of any Service Providers or
consultants, for administration of the budget, and for providing recommendations on
administrative matters to the WRIA 8 Salmon Recovery Council for action, consistent
with the other subsections of this section.
4.1.1 Services to the WRIA 8 Salmon Recovery Council for the term of this
agreement shall be provided by King County Department of Natural Resources
which shall be the primary Service Provider unless the party members pursuant
to the voting provisions of Section 5 choose another primary Service Provider.
The Management Committee shall prepare a Memorandum of Understanding to
be signed by an authorized representative of King County and an authorized
representative of WRIA 8, which shall set out the expectations for services to be
provided. Services should include, without limitation, identification of and job
descriptions for dedicated staff in increments no smaller than .5 FTE, 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.
4.1.2 The Management Committee shall make recommendations to the party
members of the WRIA 8 Salmon Recovery Council for action, including
decisions related to work program, staffing and service agreements, and budget
and financial operations, annually for each year of this Agreement. All duties of
the Management Committee shall be established by the party members of the
WRIA 8 Salmon Recovery Council
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4.2 The party members of the WRIA 8 Salmon Recovery Council shall have the authority
and mandate to establish and adopt the following:
4.2.1 By September 1 of each year, establish and approve an annual budget,
establishing the level of funding and total resource obligations of the parties
which are to be allocated on a proportional basis according to the average of the
population, assessed valuation and area attributable to each party to the
Agreement, in accordance with the formula set forth in Exhibit A, which formula
shall be updated every third year by the WRIA 8 Salmon Recovery Council, as
more current data become available, and in accordance with Section 2.2.
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. For parties that are not county or city governments, the level of
funding and resource obligation will be determined in communications with the
Management Committee, which will develop a recommendation for review and
approval by, the WRIA 8 Salmon Recovery Council.
4.2.2 Review and evaluate annually the duties to be assigned to the Management
Committee hereunder and the performance of the Fiscal Agent and Service
Provider(s)to this Agreement, and provide for whatever actions it deems
appropriate to ensure that quality services are efficiently, effectively and
responsibly delivered in the performance of the purposes of this Agreement. In
evaluating the performance of any Service Provider(s), at least every three (3)
years, the WRIA 8 Salmon Recovery Council may retain an outside consultant
to perform a professional assessment of the work and services so provided.
Evaluations of the Service Provider(s)shall occur in years 3, 6, and 9 of the
Agreement
4.2.3 Oversee and administer the expenditure of budgeted funds and allocate the
utilization of resources contributed by each parry or obtained from other sources
in accordance with an annual prioritized list of implementation-and adaptive
management activities within the WRIA during each year of this Agreement.
4.3 The WRIA 8 Salmon Recovery Council through the primary Service Provider may
contract with similar watershed forum governing bodies or any other entities for any .
lawful purpose related hereto, including specific functions and tasks which are initiated
and led by another party to this Agreement beyond the services provided by the primary
Service Provider. The parties may choose to create a separate legal or administrative
entity under applicable state law, including without limitation a nonprofit corporation or
7 Final WRIA 8 Interlooal Agreement 2016-2025 July 16,2015
general partnership, to accept private gifts, grants or financial contributions, or for any
other lawful purposes.
4.4 The party members of the WRIA 8 Salmon Recovery Council shall adopt other rules
and procedures that are consistent with its purposes as stated herein and are necessary
for its operation.
5. VOTING. The party members on the WRIA 8 Salmon Recovery Council shall make decisions;
approve scope of work, budget, priorities and any other actions necessary to carry out the
purposes of this Agreement as follows:
5.1 No action or binding decision will be taken by the WRIA 8 Salmon Recovery Council
without the presence of a quorum of active party members. A quorum exists if a majority
of the party members are present at the WRIA 8 Salmon Recovery Council meeting,
provided that positions left vacant on the WRIA 8 Salmon Recovery Council by parties
shall not be included in calculating the quorum. In addition, positions will be considered
vacant on the third consecutive absence and shall not be included in calculating a
quorum until that time in which the party member is present. The voting procedures
provided for in 5.1.1 through 5.1.2 are conditioned upon there being a quorum of the
active party members present for any action or decision to be effective and binding.
5.1.1 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
party members at the meeting, or by a majority recommendation agreed upon by
the active party members, with a minority report. Any party who does not accept
a majority decision may request weighted voting as set forth below.
5.1.2 In the event consensus cannot be achieved, as determined by rules and
procedures adopted by the WRIA 8 Salmon Recovery Council, the WRIA 8
Salmon Recovery Council shall take action on a dual-majority basis, as follows:
5.1.2.1 Each party, through its appointed representative, may cast its weighted
vote in connection with a proposed WRIA 8 Salmon Recovery Council
action.
5.1.2.2 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 by each party set in accordance with Subsection 4.2.1 in the
year in which the vote is taken.
5.1.2.3 For any action subject to weighted voting to be deemed approved, an
affirmative vote must be cast by both a majority of the active party
members to this Agreement and by a majority of the weighted votes of
the active party members to this Agreement. No action shall be valid
8 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015
and binding on the parties to this Agreement until it shall receive majority
of votes of both the total number of active party members to the
Agreement and of the active members representing a majority of the
annual budget contribution for the year in which the vote is taken. A vote
of abstention shall be recorded as a "no"vote.
5.2 The party members on the WRIA 8 Salmon Recovery Council may deem it appropriate
to appoint to the WRIA 8 Salmon Recovery Council non-party stakeholder
representatives and other persons who are appropriate for the implementation and
adaptive management of the WRIA 8 Plan.
5.2.1 Nomination of such non-party members may be made by any member of the
WRIA 8 Salmon Recovery Council. Appointment to the WRIA 8 Salmon
Recovery Council of such non-party members requires either consensus or dual
majority of party members as provided in Section 5.1.
5.2.2 The party members on the WRIA 8 Salmon Recovery Council may deem it
appropriate to allow non-party members to vote on particular WRIA 8 Salmon
Recovery Council decisions. The party members may determine which issues
are appropriate for non-party voting by either consensus or majority as provided
in Sections 5.1, except in the case where legislation requires non-party member
votes.
5.2.3 Decisions of the entire WRIA 8 Salmon Recovery Council, both party and non-
party members, shall be made using a consensus model as much as possible.
Voting of the entire WRIA 8 Salmon Recovery Council will be determined by
consensus or majority as provided in Sections 5.1 and a majority of the non-party
members.
6. ADAPTIVE MANAGEMENT OF THE WRIA 8 CHINOOK SALMON CONSERVATION PLAN.
The WRIA 8 Plan shall be implemented with an adaptive management approach. Such an
approach anticipates updates and amendments to the WRIA 8 Plan. Such amendments to be
effective and binding must comply with the following provisions:
6.1 The WRIA 8 Salmon Recovery Council shall act to approve or remand any WRIA 8
Plan amendments prepared and recommended by the committees of the WRIA 8
Salmon Recovery Council within ninety(90)calendar days of receipt of the plan
amendments, according to the voting procedures described in Section 5.
6.2 In the event that any amendments are not so approved, they shall be returned to the
committees of the WRIA 8 Salmon Recovery Council for further consideration and
amendment and thereafter returned to the WRIA 8 Salmon Recovery Council for
decision.
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6.3 After approval of the WRIA 8 Plan amendments by the WRIA 8 Salmon Recovery
Council, the plan amendments shall be referred to the parties to this Agreement for
ratification prior to the submission to any federal or state agency for further action.
Ratification means an affirmative action, evidenced by a resolution, motion, or ordinance
of the jurisdiction's legislative body, by at least nine (9)jurisdictions within WRIA 8
representing at least seventy per cent(70%)of the total population of WRIA 8. Upon
ratification, the WRIA 8 Salmon Recovery Council shall transmit the updated WRIA 8
Plan to any state or federal agency as may be required for further action.
6.4 In the event that any state or federal agency to which the WRIA 8 Plan or amendments
thereto are submitted shall remand the WRIA 8 Plan or amendments thereto for further
consideration, the WRIA 8 Salmon Recovery Council shall conduct such further
consideration and may refer the plan or amendments to the committees of the WRIA 8
Salmon Recovery Council for recommendation on amendments thereto.
6.5 The parties agree that any amendments to the WRIA 8 Plan shall not be forwarded
separately by any of them to any state or federal agency unless it has been approved
and ratified as provided herein.
7. OBLIGATIONS OF PARTIES: BUDGET; FISCAL AGENT: RULES.
7.1 Each party shall be responsible for meeting its financial obligations hereunder as
described in Section 2.2, and established in the annual budget adopted by the WRIA 8
Salmon Recovery Council under this Agreement and described in Section 4.2.1.
The maximum funding responsibilities imposed upon the parties during the first year of
this Agreement shall not exceed the amounts set forth in Exhibit A, which shall be
updated every third year as described in Section 4.2.1, or as annexations result in
changes to the area, population, and assessed value calculation for those parties
involved in the annexation to the extent that the cost shares established by the formula
set forth in Exhibit A would be changed for such parties by the annexation
7.2 No later than September 1 of each year of this Agreement, the WRIA 8 Salmon
Recovery Council 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
responsibilities (e.g. staffing) of the individual parties for the following calendar year and
shall propose the levels of funding and resources to be allocated to specific prioritized
implementation and adaptive management activities within the WRIA. The parties shall
thereafter take whatever separate legislative or other actions that may be necessary to
timely address such individual responsibilities under the proposed budget, and shall have
done so no later than December 1st of each such year.
10 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015
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7.3 Funds collected from the parties or other sources on behalf of the WRIA 8 Salmon
Recovery Council shall be maintained in a special fund by King County as Fiscal Agent
and as ex orficio treasurer on behalf of the WRIA 8 Salmon Recovery Council pursuant
to rules and procedures established and agreed to by the WRIA 8 Salmon Recovery
Council. 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. 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, or other interested public agency or tribe in King or
Snohomish County lying wholly or partially within the management area of WRIA 8 and the Lake
Washington-Cedar and Sammamish watershed basins and adjacent Puget Sound drainages
which has not become a party to this Agreement within twelve (12) months of the effective date of
this Agreement may become a party only with the written consent of all the parties. The
provisions of Section 5 otherwise governing decisions of the WRIA 8 Salmon Recovery Council
shall not apply to Section 8. The parties and the county, city, or other public agency or tribe
seeking to become a party shall jointly determine the terms and conditions under which the
county, city, or other public agency or tribe may become a party. These terms and conditions
shall include payment by such county, city, or other public agency or tribe to the Fiscal Agent of
the amount determined jointly by the parties and the county, city, or other public agency or tribe to
represent such county, city, or other public agency or tribe's fair and proportionate share of all
costs associated with activities undertaken by the WRIA 8 Salmon Recovery Council and the
parties on its behalf as of the date the county, city, or other public agency or tribe becomes a
party. Any county, city, or other public agency or tribe that becomes a party pursuant to this
section shall thereby assume the general rights and responsibilities of all other parties to this
Agreement. After the inclusion of such entity as a party to this Agreement, the formula for party
contribution shall be adjusted for the following year to reflect the addition of this new party.9.
TERMINATION. This Agreement may be terminated by any party, as to that party only,
upon sixty(60)calendar days' written notice to all other parties. 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. This
Agreement may be terminated at any time by the written agreement of all parties. 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 meet their respective share of the obligations of the WRIA 8 Salmon Recovery
Council as reflected in the annual budget.
11 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015
10. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by state law, 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
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. The provisions of this subsection shall survive and continue to be applicable to parties
exercising the right of termination pursuant to Section 9.
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 or regulation of any local municipality or government, the State of Washington or the
United States.
12. VOLUNTARY AGREEMENT. This is a voluntary agreement and it is acknowledged and agreed
that, in entering into this Agreement, no party is committing to adopt or implement any actions or
recommendations that may be contained in the WRIA 8 Plan pursuant to this Agreement.
13. NO PRECLUSION OF ACTIVITIES OR PROJECTS. Nothing herein shall preclude any one or
more of the parties to this Agreement 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 to this Agreement 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 non-party
members,NMFS, USFWS, 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 8 Salmon Recovery
Council 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, represented by affirmative action by their legislative
bodies.
16. COUNTERPARTS. This Agreement may be executed in counterparts.
12 Final WRIA 8 Interlocal Agreement 2016-2025 July 16, 2015
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 and Snohomish
County in accordance with the provisions of RCW 39.34.040 and .200 and with the terms of
Section 3 herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates indicated below:
Approved as to form: TOWN OF BEAUX ARTS VILLAGE:
By. By. _
Title: Title:
Date: Date: Pj S2q 4 2n I5
13 - Final WRIA 8lnterlocal Agreement 2016-2025 July 16,2015
Approved as to farm: CITY OF BELLEVUE,
7
By By: d G
J
Title: Title:
Date: ® �? Date: IQJ��/ il S
14 Final W RIA 8 Intedocal Agreement 2016-2025 July 16,2015
Approved as to form: CITY THELL:
By:
Title: �itle
Date: G 1� Date:
15 Final WRIA 8 Interlocal Agreement 2016-2025 July 16, 2015
Approved as to form: ly:
L:
By:
Title:Date:
16 Final WRIA 8lnterlocal Agreement 2016-2025 July 16,2015
Approved aLto form: CITY OF MOND
Title: C t-rY A-MMNEY Title:
Date: Date:
17 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015
Approved as to form: TOWN OF HUNTS\ P INT:
By: By: ell
1'.
Title: Title:
� f
Date: Date:
t¢ Seyi 2G>!'S�
8 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015
Approved as to form: CITY OF ISSAQUAH:
By: By.
Title: Title: A4tA
Date: Date:
19 Final WRIA 8 Interlocal Agreement 2016-2025 July 16, 2015
i
15-C1486
Approved as to form: CITY OF KENMORE:
By: By: i
Title: Title: ! r!'
Date: Date:
20 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015
Approved as to form: CITY OF KENT:
By: By:Title: (/` J Es�f Title: ` J41()
Date: t�'� ` Date:
21 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015
Approved as to form: KING COU
By: ( By:
Title: 3 ® Title: t YZ Gw s' c PAJ
Date: ir/ ky Date: 7Of7
22 Final WRIA 8 Interlocal Agreement 2016-2025 July 16, 2015
I
Approved as to form: CITY OF KIR�KKL}AND: q /�
By: By: f
Title: Title: r Ce
y
Date: Date: 4b
23 Final WRIA 8 InterlocalA Agreement 2016-2025 Jul 16 2015
9 Y
Approved as to form: CITY OF LAKE FOREST PARK:
By: ' By: ( '�✓' r-
Title: ::n-:,Krlm CI1 Title:
Date: `7-,Q3- I` Date:
24 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015
Approved as to form: CITY OF M PLE VAL
By: J By:
Title: � }TJ c V Y�x� Title:
Date: U ' I S^ Date: v d
25 - Final WRIA 8Interlocal Agreement 2016.2025 July 16, 2015
Approved as to form: CITY OF MEDINA:
By: By:
Title: Title:
Date: Date:
26 Final WRIA 8 Interlocal Agreement 2016-2025 July 16, 2015
Approved as to form: CITY OF MERCER ISLAND:
By: By. G
Title: D Title: C AA424LV--
Date: /t - -.3`!,5 Date:
27 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015
Approved as to form: CITY OF MILL CREEK:
By: _ By:
y x
an[2g�J�_r.pca
Title: C�r l D t<rvi P�j Title:
Date: l S` 2o/ Date: ty- It, ' o
28 Final WRIA 8Interlocal Agreement 2016-2025 July 16, 2015
Approved as to form: CITY OF MOUNTLAKE TERRACE:
By . By e
/i 1
Title: Title:
Date:
P 'cL E ^ [0 Date:
29 Final WRIA 8 Interlocal Agreement 2016-2025 July 16, 2015
Approved as to form: CITY OF MUKILTEO:
By: By:
Title: Title: 1119r�
Date: Date:
30 Final WRIA 8 Interlocal Agreement 2016-2025 July 16, 2015
Approved aS to form: CITY OF NEWCASTI E:
By: Alinj VIIJU, By:
v
Title: � P Title:
Date: Date: t t } I I C
31 Final WRIA 8 Interlocal Agreement 2016-2025 July 16, 2015
Approved as to form: , CITY OF REDMOND:
By: By: A_ I—
Title: ( — To > Title: 0. o r
Date: /Qa`Q✓D, - i S �Jf S� Date: N)0,�e M1ae F- z 15
32 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015
Approv.0 as to form: CITY OF RE ON:
Y' By:
Title: City Attorney Title: Mayor
Date: 2 Date: 9 2! 0 J
r
Attest: 6' �}
Sas n Seth, City Clerk
p��`OiJ11111A1tI11AY0P\\0
33 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015
Approved as to form: CITY OF SAMMAMISH:
By: By:
Title: City Attorney Title: City Manager
Date: October 7, 2015 Date: October 7,2015
Approved as to form: CITY OF SEATTLE:
By: 1``
Title: �S G % ,Mel Title: h�;—O Fcx Y , �v
Date: / � Date: �
35 Final WRIA 8 Interlocal Agreement 2016-2025 July 16, 2015
Approved as t*11 CITY OF SHORELINE:
By: By:
/l
Title: C Title:
� l
Date: �/� o! Date:
36 Final W RIA 8 Intedocal Agreement 2016-2025 July 16,2015
Approved as to fo m: SNOHOMISH COUNTY:
By: By:
T - I
Title: ! dS. Title: X"�c�—f �r�v
Date: Date:
COUNCIL USE ONLY
Approved:
Docflie:
37 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015
Approved a to form: CITY OF WOODINVILLE:
n
By:
/`� 9 rn 1 r 1�J11
Title: f—'J"'e 4'�1t�/ S eq Title:
q'w E
Date: ✓t� f t 7 � ° Date:
38 Final WRIA 8 Interlocal Agreement 2016-2025 July 16, 2015
Approved as to form: TOWN OF'WOODWAY:
By: By
�Y,4 i4 �
Title: 1 �ti�x^l �y_ Title: �_ f
Date: `� �- _`� —.�.. pate:
39 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015
Approved as to form: TOWN OF YAR W POINT:
K-
By: LIt��. By:
Title: _ I Yt t t 17, Title:
Date: V eA-ba--,r I( MI5 Date: Iq d171'J
40 Final WRIA 8 Interlooal Agreement 2016-2025 July 16,2015
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Agenda Item:_,_Con sent - 7B
TO: Kent City Council
DATE: August 18, 2015
SUBJECT: Water Resource Inventory Area (WRIA) 8 Interlocal Agreement -
Authorize
MOTION: Move to authorize the Mayor to sign an Interlocal Agreement (ILA)
for the Watershed Basins within Water Resource Inventory Area (WRIA) S.
SUMMARY: In 1999, the federal government listed Puget Sound Chinook salmon as
threatened under the Endangered Species Act. In 2001, concerned about the need to
protect and restore habitat for salmon, 27 cities and King County in WRIA 8 signed an
ILA to jointly create a habitat conservation plan. WRIA 8 includes all of the Lake
Washington Watershed, as well as near shore areas in Seattle. In 2006, the ILA was
updated to reflect Implementation of the 2005 WRIA 8 Chinook Habitat Plan and
renewed for a ten year term which expires at the end of 2015.
The local agencies entered into the ILA share interest in and responsibility for
addressing long term watershed planning and conservation and wish to continue
providing for planning and implementation of various activities and projects. The
proposed ILA has been updated to reflect the current goals and purposes of the WRIA
8 ILA parties. Ratification of the ILA would continue the City's support for
preservation and restoration of salmon habitat in the Lake Washington, Cedar and
Sammamish River watershed.
WRIA 8 includes the Cedar River watershed area, of which Rock Creek is a tributary.
The City of Kent's Clark Springs municipal water supply is located in the Rock Creek
sub-watershed and, during certain times of the year, provides a majority of the city's
water supply. The City considers the plan when making management decisions in the
Rock Creek watershed, but would not be required through the ILA to Implement any
plan requirement or goal if doing so would threaten or harm the City's ability to
provide a safe, secure and adequate water supply to its citizens,
EXHIBITS: Interlocal Agreement
RECOMMENDED BY: Public Works Committee
YEA: Fincher, Ralph NAY:
BUDGET IMPACT: None
REQUEST FOR MAYORTS SIGNATURE
® Prink on Cherry-Colored Paper
KENO
i
.Routing Information:(ALL REQUESTS MUST FIRST a ROUTED THROUGH.Tl.,. AW DEP '{�TMENT)��1 � �
.. . '..
- Appr yp 1i Director_ _
" Dri inator: hQ UISe rt� M+ke 4M1lydeFufis Phone (Originator): SSBcf ��
SSz.o
Date Sent: 5s _•_-Q� ?�It� Date Re aired: $ ®i5
Return Signed Documentto:ehA,yiwseu,sr Contract Termination Date: t•''�1Z�2�'
VENDOR NAME; W R71:A $ Date Finance Notified. r� NA
WgkPX MSOLLV-Ce $hUen�'g� �rPQR (Onlyrequrzdoncontracts
510 000 and ovcr or on any Grant)
DATE OP COUNCT APPRDVA Date Rlsk. Manager Notified: N A.
� jLD tJ Rec uu ed onrNon-City Standard Contracts/A re ments �'
Has.this ocument been Specifically '• // Account Number ,
Authorized in the Budget? Q YES 0 No„ (f� Of f +
Brief Explanadon of Document:
Local agencies that entered into the,1LA share interest in and responsibility for addressing loiTg term
watershed planning and conservation. WiRA 8 includes the Cedar River watershed area„of which
Rock Creek is.a tributary. The City of Kent's Clark Springs municipal water supply s.iocated m the
Rock,Creek sub watershed,and during certain tirnes of the year, provides a majority of the city's
water supply.
Ratification of the !LA would continue the City's supper#for preservation and restoration of salmon
habitiatin the.Lake Washington;Cedar and Sammamish River watershed.
1
AM Contracts Must Be Routed Through The_L.aw Department
(Thiq 0,'wG be corrjo,1 Ged Whe Law Department)
Received: "
Approval of Law Dept.: h
Law Dept. Comments,
'Date Forwarded to:Mayor: : . �-� ( '•i
I
Shaded Areas To Be Cotxrpleted By Administration Staff
Received s n 'F
Recommendations and Commen•ts: , w�
r c IJ!
Dijl
sposition /ft
r �e .r• t i c+( r
Date Returned:
' :PVir'Ims' 9r,prtNnlPmc StlnB�eque9l int eyw 5 -.Ana(Gre.U[V'c _