Amend #3 & Org. Lake Ballinger-McAleer Crk. watershedThird Amendment to Interlocal Agreement
for the Governmental Jurisdictions within the
Lake Ballinger/McAleer Creek Watershed
Including the Cities of Edmonds, Lake Forest Park, Lynnwood,
Mountlake Terrace, Shoreline and Snohomish County
This Third Amendment to the Agreement ("Third Amendment") is entered into by and
among Snohomish County, a political subdivision of the state of Washington, and the
cities of Edmonds, Lake_ Forest Park, Lynnwood, Mountlake Terrace, and Shoreline, all
municipal corporations of the state of Washington.
RECITALS
WHEREAS, the Agreement, expires on December 31, 2017; and
WHEREAS, The Agreement, by its terms, may be extended for such additional
terms as the Member Jurisdictions may agree in writing; and
WHEREAS, the Member Jurisdictions desire to extend the Agreement for an
additional three-year term commencing January 1, 2018 through December 31, 2020
("extended term"); and
WHEREAS, the Member Jurisdictions desire to provide for the election of in-
kind contribution of services for Snohomish County, recognizing the specialized
technical skills in lake management possessed by Snohomish County; and
WHEREAS, the Member Jurisdictions desire to provide for a replacement of
Exhibit C ("Capital Improvement Plan"), Exhibit D2 ("Operating Fund Allocations"), and
Exhibit E2 ("Service Provider Operating Fund Allocations") for the extended term; and
WHEREAS, the Member Jurisdictions desire to amend the Agreement on the
terms and conditions set forth in this Third Amendment.
NOW, THEREFORE, in consideration of the terms, conditions and covenants
contained herein, the Member Jurisdictions agree to amend the Agreement as
follows:
■mow
Third Amendment to Interlocal Agreement Page 1
186- gtn,_, ,0 � 1
# 6 g/,�- ok�
C�. {7 /V :,- 2
! % /Y�
mbt-
Section 1. Defined Terms. All capitalized terms when used herein shall have
the same respective meanings as are given such terms in the Agreement, unless
expressly provided otherwise in this Third Amendment.
Section 2. Extension of Term. The Member Jurisdictions acknowledge and
agree that the term of the Agreement shall be extended by an additional three-year
term, commencing January 1, 2018 and remain in effect through December 31, 2020
("New Term"), unless terminated earlier pursuant to the provisions in the Agreement.
Section 3. Amendment to Section 6. Obligations of Member Jurisdictions;
Budget, Fiscal Agent! Rules. Subsection 6.1 is hereby amended to read as follows:
Each Member Jurisdiction shall be responsible for meeting its financial
obligations hereunder as described in Section 2.1 and established by
the operating fund adopted by the Forum under this agreement and
described in Section 4.2.3 or in the alternative, mutually agreed in-kind
contribution of services as provided in Subsection 6.5.
Section 4. New Subsection to Section 6; Obligations of Member
Jurisdictions; Budget, Fiscal Agent; Rules. A new Subsection 6.5 is hereby
added to read as follows:
At Snohomish County's election, in recognition of the specialized
technical skills in lake management possessed by Snohomish County,
the Forum will accept a mutually -agreed upon in-kind contribution of
technical services in lieu of financial contribution from Snohomish
County as a Member Jurisdiction, including (but not limited to)
assistance with: lake monitoring, set-up and equipment for a volunteer
lake monitoring program, aquatic weed control technical assistance,
engineering assessment of hydrologic and hydraulic lake features, flow
monitoring services to determine quantity of lake input (Hall Creek) and
output (McAleer Creek), and assistance with expanding the current
Lake Improvement District to meet new challenges.
Section 5. Amendment to Section 7 Latecomers. Section 7 is hereby
amended to read as follows:
Member Jurisdiction Participation. An Eligible Jurisdiction listed
in Section 1.2 may become a Member Jurisdiction upon execution of
this Agreement at any time throughout the term of the Agreement or
any extension thereof. Any county or city that becomes a Member
Jurisdiction pursuant to this Section shall thereby immediately
assume the general rights, obligations and responsibilities of all other
Member Jurisdictions including any percentage share funding
requirement as set forth in Exhibit D3 and E3 or any authorized in-kind
Third Amendment to Interlocal Agreement Page 2
contribution of services commencing the calendar year that the
Eligible Jurisdiction becomes a Member Jurisdiction.
Section 6. Replacement of Exhibit C Exhibit D2 and Exhibit E2. Member
Jurisdictions acknowledge and agree that Exhibit C, Exhibit D2 and Exhibit E2 to the
Agreement shall be replaced respectively with new Exhibits, Exhibit C1 (Capital
Improvement Plan), Exhibit D3 ("Operating Fund Allocations") and Exhibit E3 ("Service
Provider Operating Fund Allocations"), which are attached hereto and incorporated by
reference.
Section 7. Method and Dutv to File Third Amendment. Member
Jurisdictions shall, upon execution of this Third Amendment to the
Agreement, post this Third Amendment on its official website in accordance
with RCW 39.34.040 and RCW 39.34.200.
Section 8. Counterparts. This Third Amendment may be executed in any
number of counterparts, each of which shall be deemed to be an original, but all of
which together shall constitute the same instrument and, collectively, constitute the
entire Third Amendment.
Section 9. Conflict: No Further Modification. In the event of any conflict
between the terms and conditions of the Agreement and the terms and conditions of this
Third Amendment, the terms and conditions of this Third Amendment shall prevail.
Section 10. Remaining Terms of Agreement. Except as specifically set forth in
this Third Amendment, all other terms and conditions of the Agreement and Exhibits
shall remain unmodified and in full force and effect.
Section 11. Effective Date of Amendment. This Third Amendment shall
become effective upon the day the second Member Jurisdiction executes this
Amendment, as authorized by each jurisdiction's legislative body.
Third Amendment to Interlocal Agreement Page 3
IN WITNESS WHEREOF, the Member Jurisdictions hereto have executed this Third
Amendment on the dates indicated below:
Appro o Form:
B'
Date: I
C ITIY
By: _
Title:
Approved as to Form: CITY OF LAKE FOREST PARK
By:
By:
Title:
Title:
Date:
Date:
Approved as to Form:
CITY OF LYNNWOOD
By:
By;
Title:
Title:
Date:
Date:
Approved as to Form:
CITY OF MOUNTLAKE TERRACE
By:
By;
Title:
Title:
Date:
Date:
Approved as to Form:
CITY OF SHORELINE
By:
By:
Title:
Title:
Third Amendment to Interlocal Agreement
Page 4
Date -
Date:
Approved as to Form: SNOHOMISH COUNTY
By: _
Title:
Date:
By:
Title:
Date:
Third Amendment to Interlocal Agreement Page 5
Third Amendment to Interlocal Agreement Page 6
EXHIBIT Cl
CAPITAL IMPROVEMENT PLAN
Third Amendment to Interlocal Agreement Page 7
00
(D
0)
(a
0-
a)
a)
N
rn
U
O
L
•F+
0
C
Q
E.
p
SZ
1k
�@
w
m
6
r
122
ISU
®�
�3
y
fL
Ra`y
P�
Lop
Jig
WV
Po
�gy
a
Al p
1
gq
jeia
1 #Xlj
a
s �N4�
00
(D
0)
(a
0-
a)
a)
N
rn
U
O
L
•F+
0
C
Q
E.
g
� e
3
i4
=
lam
g
03
AN
Am
V S
a
12
all9 a
E
k
U
ds
ampbum a*n
tawp�uo�
N �l 1 �sld f � ■ aagd
Third Amendment to Interlocal Agreement Page 10
EXHIBIT D3
OPERATING FUND ALLOCATIONS
Third Amendment to Interlocal Agreement Page 11
Table 1
Service Provider Operating Fund Allocation 2018-2020
Allocation shall be equal percentage for each (current) Member Jurisdiction
Jurisdiction
Edmonds
Snohomish
County*
Lake Forest Park
Mountlake Terrace
Lynnwood
Shoreline
% of Total
Original members
16.67%
16.67%
16.67%
16.67%
16.67%
16.67%
% of Total
5 members
20.00%
20.00%
20.00%
20.00%
20.00%
% of Total
4 members
25.00%
25.00%
25.00%
25.00%
% of Total
3 members
33.33%
33.33%
33.33%
*Provided however, that Snohomish County, in its discretion and at its election, may
provide mutually agreed in-kind contribution of services in lieu of its percentage share of
the financial operating fund allocation as set forth in D3 and E3. Snohomish County
shall, within thirty (30) days of becoming a Member Jurisdiction and no later than
September 1 of each calendar year thereafter during the duration of this Agreement or
extension thereof shall advise the other Member Jurisdictions of its election to provide
in-kind contribution of services. In the event Snohomish County elects to provide in-kind
contribution of services, the remaining Member Jurisdictions shall share equally
Snohomish County's financial operating fund allocation.
Third Amendment to Interlocal Agreement Page 12
EXHIBIT E3
SERVICE PROVIDER OPERATING
FUND ALLOCATIONS
Third Amendment to Interlocal Agreement Page 13
Administrative Support Service Provider Needs Listing
The Forum wishes to retain the City of Mountlake Terrace as the Administrative Support
Service Provider. The Forum has suggested quarterly meetings at a minimum for the
current agreement period with other meetings held as needed. The Service Provider
needs listing allows for four quarterly meetings and up to four additional meetings per
year.
Duties Hours/Quarter
Year
1. Attend and take notes at monthly Forum Meeting 5 20
2. Arrange for room reservations, provide materials for meetings 5 20
3. Compile and produce minutes from the Forum meetings 10 40
4. Generate draft agenda for the Forum Meeting - 3 12
coordinate with the chair and co-chair on meeting agenda
5. Coordinate e-mail contacts through the Forum distribution list 1 4
6. Assists with city's web site maintenance 6 24
7. Maintains documents record for Forum activities 6 24
8. Prepares News Releases on Forum updates 4 16
Total 40 160
Additional Duties may be added as needs develop
Provider Support through the City of Mountlake Terrace
Administrative Support for 2018
$4,800
Administrative Support for 2019
$4,800
Administrative Support for 2020
$4,800
This listing assumes services are provided at 40 hours a quarter are
allocated for a total of 160 hours for each of the 2018, 2019 and 2020
calendar years. Each Member Jurisdiction's cost percentage of the
Administrator Support Provider is listed in Exhibit D3 Table 1.
Third Amendment to Interlocal Agreement Page 14
Federal Government Relations Service Provider Needs Listing
The Member Jurisdictions wish to retain and employ a Federal Government
Relations Service Provider, Johnston Group, for the term of the agreement
period (January 1, 2018 to December 31, 2020) to provide federal government
relation services for the Forum in order to increase its visibility with its
congressional delegation and compete for federal funding. The Johnston Group
scope of services is attached at the end of this exhibit.
The total cost for each year of the agreement shall not exceed the amounts listed
for 2018, 2019 and 2020 below.
Government Relations Support through the Johnston Group:
For 2018 $36,000
For 2019 $36,000
For 2020 $36,000
The Member Jurisdiction's cost percentage of the Federal Government Service Provider
is listed in Exhibit D3 Table 1.
Third Amendment to Interlocal Agreement Page 15
JOHNSTON I GROUP
Appendix A
Scope of Services
The Consultant ("The Johnston Group") shall provide the scope of services listed below
for the Client ("Lake Ballinger/McAleer Creek Watershed Forum"). The scope of
services may include, but not be limited to, the following activities:
Although a refined set of activities will be developed in consultation with the Lake
Ballinger / McAleer Creek Watershed Forum as our work continues, below is a brief
description of the major activities that would be part of the Johnston Group's scope of
services based on our work together over the past few years.
Developing the U.S. Army Comas of Enqineers as a Funding Partner
This is the top legislative priority for the Lake Ballinger / McAleer Creek Watershed
Forum (Forum) and will be the primary focus of our work together.
The Forum has been successful in changing the ability for the Corps to be a more active
partner to projects within their authority but are smaller projects led by municipalities.
The Forum's work culminated in legislative language that was enacted a few years ago.
Since then, the Seattle office of the Corps has been developing a relationship with the
Corps to fund elements of the Forum's Capital Improvement Plan — with an initial focus
on the habitat restoration and water quality issues at Ballinger Park in Mountlake
Terrace.
Moving forward, we will need strong congressional support to continue to support this
partnership and to move the Corps' focus from the Ballinger park property into a more
expansive approach within the watershed. We believe this can happen and will result in
a long term funding partner for many of the Forum's identified Capital Improvement
Projects throughout the watershed.
Supporting Funding for a Watershed Hydrology Study
If the Forum decides to go forward with a study to assess the hydrology of the
watershed as a whole following the work done on Lake Ballinger and in Lake Forest
Park, then supporting funding for this study becomes a key priority.
Potential funding partners could include the Army Corps of Engineers, FEMA Pre -
Disaster Mitigation funding or funds through a state capital budget.
Third Amendment to Interlocal Agreement Page 16
Buildina a New Grant Proaram to suoaort Culvert Reulacement
The Forum should seek to create a new competitive grant program at the federal level
for culvert replacement projects that have failed and need to be replaced or that are
connected to habitat restoration for species recovery.
This effort is likely to take some time to accomplish — beyond the current Congress for
certain — but could be started in 2018 with the goal of securing this program in the years
following the completion of the hydrology study so the Forum would have a potential
funding source to partner with it for key watershed projects.
Supporting the Green Stormwater Initiatives in Congress
Congressmen Derek Kilmer and Denny Heck have started a long term effort to improve
the health of Puget Sound through a series of federal efforts including making
stormwater management a scoring criteria for federal infrastructure grants, creating a
new refundable tax credit for stormwater management and enhancement and similar
efforts.
The Forum has the ability to be a key thought leader in the effort to push this legislation
given its collaborative nature and multi -jurisdictional boundary.
While these efforts are endorsed by Forum -members on a municipal basis, having the
Forum as a key ally for Congress on these efforts would be a key strength. The Green
Stormwater effort in Congress includes:
o Adding green stormwater criteria to transportation and infrastructure grant
awards;
o Providing a refundable tax credit for private Green Stormwater
infrastructure investments and maintenance, and;
o Other opportunities to improve the water quality of Puget Sound.
Additional activities beyond these key priorities are listed below.
We are always open to modifications and changes in our approach and our defined
scope of services. As a small consultancy, we take pride in being nimble and agile to
maximize client opportunities.
Support Federal Funding for the Lake Ballinger/McAleer Creek Watershed Forum
• Work with the Lake Ballinger/McAleer Creek Watershed Forum to identify the
funding needs and get detailed information about priority projects contained in
the Forum's Capital Improvement Plan.
■ Review Forum planning documents and budget to ascertain the full range of
Forum initiatives and determine which Forum projects are eligible for support
through the existing federal funding programs.
Third Amendment to Interlocal Agreement Page 17
Advise the Lake Ballinger/McAleer Creek Watershed Forum about which projects
ought to be prioritized for federal grants, directed federal spending via
appropriations and authorization bills.
Assist the Forum with its engagement with the Seattle office of the U.S. Army
Corps of Engineers and utilize the delegation to bolster this relationship to result
in funding for the Forum.
Prepare and Support the Lake Ballinger/McAleer Creek Watershed Forum Within
Federal Funding Opportunities
• Advise the Forum about the creation of collateral materials for federal funding
requests.
• Work with the Forum to identify potential supporters for project requests and
secure letters of endorsement.
• Coordinate formal submission of appropriations requests, if applicable, and
ensure compliance with all deadlines.
• Work with Forum on the Water Resources Development Act implementation and
seek federal funds to support the Forum's activities.
• Determine legislative tactics Congress may utilize to enact federal appropriations
bills and implement a strategy to preserve funds targeted for the Lake Ballinger
Watershed Forum.
■ Contact key congressional staff to obtain support for the Forum's federal funding
requests and respond to any questions or concerns as appropriate.
• Assist congressional staff in the preparation of letters of request to relevant
House and Senate oversight, authorization and appropriations committees and
subcommittees.
■ Monitor the budget and appropriations process throughout the year with regular
legislative updates provided to the Forum.
D.C. Lobbying Meetings
• Schedule meetings in Washington, D.C. as necessary with Lake
Ballinger/McAleer Creek Watershed Forum representatives and Congressman
Larsen, Congresswoman Jayapal, Representative DelBene and Senators Murray
and Cantwell. We also may schedule meetings with other members of the
delegation as relevant.
• Include the D.C.-based liaison for Washington State Governor Inslee as a part of
our D.C. meetings and outreach strategy if appropriate to do so.
• Identify and prepare key congressional staff for federal funding and policy
requests and meetings with Forum representatives and elected officials.
• Attend and facilitate meetings in Washington, D.C.
* Prepare Lake Ballinger/McAleer Creek Watershed Forum officials for
congressional meetings.
* Follow up to all meetings as appropriate.
Ensure that district and D.C. based key staff in each delegation office are aligned
in support of Forum's goals.
Third Amendment to Interlocal Agreement Page 18
Maintain regular communication with key legislative staff and elected officials
throughout the year in support of the Forum's funding and policy agenda.
Ensure the delegation is prepared to engage federal Agencies in support of the
Forum as necessary and as appropriate.
Ensure the delegation is prepared to swiftly respond in the event of a flooding
event to coordinate disaster relief and support.
Involvement of Lake Ballinger/McAleer Creek Watershed Forum Member Staff and
Elected Officials
• Issue monthly activity reports to Forum representatives detailing specific actions
taken on the Forum's behalf.
• Engage the Forum's elected officials and staff as necessary to contact Members
of Congress and their staff as appropriate in support of the funding requests.
• Counsel the Forum about locally -based lobbying activities to further the Forum's
legislative and federal funding priorities, potentially including meeting in North
King County / South Snohomish County with members of the federal delegation,
participation in congressional sponsored events in Washington State and the
continued involvement of district based congressional staff in Forum meetings.
• Draft correspondence as appropriate for the Forum to send to Congress on
policy issues and other legislative concerns.
• Work to include Forum elected leadership in delegation based policy discussions
as they develop and as appropriate.
Delegation Engagement with the Lake Ballinger/McAleer Creek Watershed Forum
• Solicit support from each Member of Congress that we are seeking support from
(i.e. Congressman Rick Larsen, Congresswoman DelBene, Congresswoman
Pramila Jayapal, Senator Patty Murray and Senator Maria Cantwell) for our
federal funding and policy requests.
• Maintain year-long direct engagement with targeted Members of Congress and
their staff.
• Prioritize a visit to the Watershed by district congressional staff to get a firsthand
look at the Forum's projects and have an in-depth discussion about the Forum's
funding and policy needs.
Grant Funding Strategy
Solicit support from the Governor and the congressional delegation for the
relevant Forum grant applications.
BUDGET
The Johnston Group proposes to complete the scope of services outlined in this
proposal for a fixed monthly retainer of $3,000 starting January 1, 2018 and ending on
December 31, 2020. This retainer is unchanged from the contract in place for 2016-
2017.
Third Amendment to Interlocal Agreement Page 19
This retainer includes all expenses with the exception of transportation and lodging
connected to travel to Washington, D.C. Expenses will be billed to Forum at cost and in
arrears.
Either the Forum or the Johnston Group may terminate this contract with 30 days
written notice at any time for any reason. Both parties may modify the scope and terms
of this engagement upon mutual agreement at any time.
The opportunity to continue to work with the Lake Ballinger / McAleer Creek Watershed
Forum is an exciting one for the Johnston Group, and we are willing to structure the
relationship in a way that works for both organizations. If necessary, we would be
pleased to modify this proposal to meet the specific project or budget needs of the
Forum.
• Follow up to all meetings as appropriate.
• Ensure that district and D.C. based key staff in each delegation office are aligned
in support of Forum's goals.
• Maintain regular communication with key legislative staff and elected officials
throughout the year in support of the Forum's funding and policy agenda.
• Ensure the delegation is prepared to engage federal Agencies in support of the
Forum as necessary and as appropriate.
• Ensure the delegation is prepared to swiftly respond in the event of a flooding
event to coordinate disaster relief and support.
Involvement of Lake Ballinger/McAleer Creek Watershed Forum Member Staff and
Elected Officials
• Issue monthly activity reports to Forum representatives detailing specific actions
taken on the Forum's behalf.
• Engage the Forum's elected officials and staff as necessary to contact Members
of Congress and their staff as appropriate in support of the funding requests.
• Counsel the Forum about locally based lobbying activities to further the Forum's
legislative and federal funding priorities, potentially including meeting in North
King County / South Snohomish County with members of the federal delegation,
participation in congressional sponsored events in Washington State and the
continued involvement of district based congressional staff in Forum meetings.
■ Draft correspondence as appropriate for the Forum to send to Congress on
policy issues and other legislative concerns.
• Work to include Forum elected leadership in delegation based policy
discussions as they develop and as appropriate.
Delegation Engagement with the Lake Ballinger/McAleer Creek Watershed Forum
• Solicit support from each Member of Congress that we are seeking support from
(i.e. Congressman Rick Larsen, Congresswoman Susan DelBene,
Third Amendment to Interlocal Agreement Page 20
Congresswoman Pramila Jayapal, Senator Patty Murray and Senator Maria
Cantwell) for our federal funding and policy requests.
• Maintain yearlong direct engagement with targeted Members of Congress and
their staff.
• Prioritize a visit to the Watershed by district congressional staff to get a firsthand
look at the Forum's projects and have an in-depth discussion about the Forum's
funding and policy needs.
Grant Funding Strategy
• Solicit support from the Governor and the congressional delegation for the
relevant Forum grant applications.
Third Amendment to Interlocal Agreement - Page 21
INTERLOCAL AGREEMENT
For the Governmental Jurisdictions within the Lake Ballinger/McAleer Creek
Watershed Including the Cities of Edmonds, Lake Forest Park, Lynnwood,
Mountlake Terrace, Shoreline and Snohomish County
PREAMBLE
THIS AGREEMENT ("Agreement') is entered into pursuant to Chapter 39.34 RCW by and
among Snohomish County, a political subdivision of the state of Washington, and the cities of
Edmonds, Lake Forest Park, Lynnwood, Mountlake Terrace, and Shoreline, all municipal
corporations of the state of Washington. The parties executing this Agreement are located in King
and Snohomish Counties, lying wholly or partially within the Watershed Area defined in Section
1.1 below (individually for those executing this Agreement "Member Jurisdiction" and collectively
"Member Jurisdictions"). The Member Jurisdictions share interests in and responsibility for
addressing long-term watershed planning and conservation and wish to provide for development
of various activities and projects therein.
B. MUTUAL COVENANTS AND AGREEMENTS
DEFINITIONS. For purposes of this Agreement, the following terms shall have the meaning
provided for below:
1.1 WATERSHED AREA: The Watershed Area is defined as those waters draining
to Lake Washington through surface and subsurface natural or constructed water
conveyance systems consisting of Hall Lake, Hall Creek, Chase Lake, Echo Lake, Lake
Ballinger, McAleer Creek and all other known surface and subsurface tributary drainages
along with—the associated pipe conveyance systems connected to existing surface
conveyance as further delineated on the watershed map attached as Exhibit A and
collectively known as the Lake Ballinger/McAleer Creek Watershed. Additional tributary
drainage areas identified in the future that are not currently listed on Exhibit A may be
added to the Exhibit A by amendment of this Agreement.
1.2 ELIGIBLE JURISDICTIONS: The governments eligible for participation in this
Agreement as Member Jurisdictions are Snohomish County, and the Cities of
Edmonds, Lake Forest Park, Lynnwood, Mountlake Terrace and Shoreline.
1.3 MEMBER JURISDICTION: A Member Jurisdiction as referred to herein is a
government eligible for participation in this Agreement that has also executed this
Agreement.
1.4 LAKE BALLINGER/McALEER CREEK WATERSHED FORUM: The Lake
Ballinger/ McAleer Creek Watershed Forum (hereinafter referred to as the Forum)
created herein is the governing body responsible for implementing this Agreement and is
comprised of designated representatives of Eligible Jurisdictions who have authorized
the execution of and become Member Juisdictions of this Agreement.
1.5 STRATEGIC ACTION PLAN: The Strategic Action Plan, as referred to herein,
is the plan developed by the Forum and adopted by all Member Jurisdictions to address
water resource issues within the Watershed Area as provided in this Agreement. The
plan identifies specific actions and projects to address the identified water resource
issues and is attached as Exhibit B. i
Third Amendment to Interlocal Agreement Page 22
1.6 CAPITAL IMPROVEMENT PLAN: The Capital Improvement Plan, as referred to
herein, is the set of projects developed in the Strategic Action Plan to address the
identified water resource issues. The Capital Improvement Plan lists specific projects,
estimated costs, proposed funding mechanisms and project lead agency and is attached
as Exhibit C.
1.7 FISCAL AGENT: The Fiscal Agent is the entity designated to perform all accounting
and contract management services for the Forum, as it may require, in accordance with
the requirements of Chapter 39.34 RCW.
1.8 SERVICE PROVIDER(S): The Service Provider(s), as used herein, means that
individual consultant or other entity which provides a service to and for the Forum and
who is directed to carry out actions as determined or assigned by the Forum, including
but not limited to, preparation of meeting agendas and minutes, maintaining documents
and records, researching federal and state appropriation opportunities, and researching
and applying for local, state and federal grants in support of the Strategic Action Plan
and the Capital Improvement Plan.
1.8.1 Service Provider Operating Fund: The Service Provider Operating Fund is
the fund established for activities of the Service Provider(s) in the
implementation of the Strategic Action Plan and the Capital Improvement
Plan. The fund budget is set each year by action of the Forum and authorized by
budget allocation from each Member Jurisdiction.
1.9 STEERING COMMITTEE and PROJECT SUBCOMMITTEES: The Steering Committee
is composed of executive level staff members of each Member Jurisdiction who will
provide specific guidance to technical level staff on the Project Subcommittees for each
of the projects identified in the Capital Improvement Plan based on policy direction from
the Forum.
2. PURPOSES. The purposes of this Agreement include the following:
2.1 To provide a mechanism and governance structure for the implementation of the
Strategic Action Plan and to share the cost of Service Provider(s) to coordinate and
provide the services necessary for the successful implementation of the Strategic Action
Plan and the Capital Improvement Plan.
2.2 To provide a mechanism for securing technical assistance and any available funding from
state agencies, federal agencies or other sources to implement the Strategic Action
Plan and the Capital Improvement Plan in support of the Strategic Action Plan.
Third Amendment to Interlocal Agreement Page 23
2.3 To provide a framework for cooperation and coordination among the member jurisdictions
on issues relating to the implementation of the Strategic Action Plan and the Capital
Improvement Plan.
2.4 To develop and articulate to state and federal legislators, watershed based positions on
stormwater management issues, conservation issues, funding or any other issues jointly
identified by the Member Jurisdictions.
2.5 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 watershed conservation efforts.
It is not the purpose or intent of this Agreement to create, supplant, preempt or supersede the
authority or role of any individual Member Jurisdiction or water quality policy body.
3. EFFECTIVE DATE AND TERM. This Agreement shall become effective upon its execution by
Eligible Jurisdictions, as authorized by each jurisdiction's legislative body, and further provided
that after such execution, this Agreement shall be posted on the web site of each Member
Jurisdiction in accordance with the terms of RCW 39.34.040 and .200. Once effective, this
Agreement shall remain in effect, unless terminated as provided in Section 9, until December 31,
2013; provided, however, that this Agreement may be extended for such additional terms as the
Member Jurisdictions may agree to in writing.
4. ORGANIZATION AND NATURE OF THE FORUM. The Member Jurisdictions hereby establish
the Forum to serve as the formal governance structure for carrying out the purposes of this
Agreement. Each Member Jurisdiction shall appoint one (1) elected official or designee and an
alternate (elected official or designee and alternate hereinafter referred to as designee) to serve
as its representative on the Forum along with a Steering Committee representative to carry out
the policy direction of the Forum.
4.1 Upon the effective execution of this Agreement and the appointment of designees from
each Member Jurisdiction to the Forum, the Forum designees shall meet and choose,
according to the voting provisions of Section 5, representatives to serve as Forum Chair
and Vice Chair to oversee and direct the activities associated with Forum meetings
including the development of the agendas, running the meeting and providing leadership
to the Forum.
4.2 The Forum shall have the authority and mandate to do the following:
4.2.1 Review and evaluate at least annually the duties to be assigned to the Steering
Committee to this Agreement and provide for whatever actions it deems
Third Amendment to Interlocal Agreement Page 24
necessary to ensure that quality services are efficiently, effectively and
responsibly delivered in the performance of this Agreement.
4.2.2 Review Steering Committee progress on implementation of the Strategic
Action Plan and the Capital Improvement Plan on a quarterly basis and
provide for whatever actions it deems appropriate to ensure that such
development is efficiently, effectively and responsibly delivered in the
performance of this Agreement.
4.2.3 On or before September 1 of each year, establish and approve a Service
Provider Operating Fund budget for the following calendar year for the activities
of the Service Provider(s), proposing the level of funding and total resource
obligations of the Member Jurisdictions to support the activities of the Service
Provider(s) which are to be allocated in accordance with the formula set forth in
Exhibit D.
4.2.4 Review and evaluate at least annually the duties to be assigned to the Service
Provider(s) to this Agreement and provide for whatever actions it deems
necessary to ensure that quality services are efficiently, effectively and
responsibly delivered in the performance of this Agreement.
4.2.5 Oversee and administer the allocation of resources available to the Forum to
implement the Strategic Action Plan and the Capital Improvement Plan in
support of the Strategic Action Plan.
4.3 The Forum designees may adopt other rules and procedures that are consistent with its
purposes as stated herein and are necessary for its operation according to the voting
provisions of Section 5.
5. VOTING. The Forum designees shall make decisions, approve goals and objectives, specify
work priorities and perform 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 Forum without the presence of a
quorum of active Member Jurisdiction designees. A quorum exists if a majority of the
Member Jurisdiction designees are present at the Forum meeting. The voting
procedures provided for in 5.2 and 5.3 are conditioned upon there being a quorum of the
active Member Jurisdiction designees present for any action or decision to be effective
and binding.
5.2 Decisions shall be made using a consensus model as much as possible. Each designee agrees to
use their best effort and exercise good faith in consensus decision-making. Consensus may be reached by
unanimous agreement of the Member Jurisdiction designees at the meeting or by a majority recommendation
agreed upon by the Member Jurisdiction designees.
Third Amendment to Interlocal Agreement Page 25
5.3 In the event consensus cannot be achieved, as determined by rules and procedures
adopted by the Forum, the Forum shall take action on a majority basis, as follows:
5.3.1 Each Member Jurisdiction, through its appointed designee, may cast its vote in connection with a proposed Forum
action.
5.3.2 For any action subject to voting to be deemed approved, an affirmative vote must be cast
by a majority of the Member Jurisdiction designees. No action shall be valid and binding on the
Member Jurisdiction until it shall receive majority of votes of the total number of Member
Jurisdiction designees. A vote of abstention shall be recorded as a "no" vote.
6. OBLIGATIONS OF MEMBER JURISDICTIONS; BUDGET: FISCAL AGENT; RULES.
6.1 Each Member Jurisdiction shall be responsible for meeting its financial obligations
hereunder as described in Section 2.1 and established by the operating fund adopted by
the Forum under this Agreement and described in Section 4.2.3.
6.2 On or before September 1 of each year of this Agreement, the Forum shall adopt a
Service Provider budget for the following calendar year. The Service Provider budget
shall propose the level of funding responsibilities of the individual Member Jurisdictions
for the following calendar year and shall propose the levels of funding to be allocated to
the Service Provider budget for implementation activities related to the Strategic Action
Plan and the Capital Improvement Plan within the Watershed Area. The Member
Jurisdictions shall thereafter take separate legislative or other actions that may be
necessary to timely address such individual responsibilities under the proposed operating
fund, and shall have done so no later than December 31s' of each such year, provided
that the financial obligations of each Member Jurisdiction to fund this Agreement after
December 31, 2011 are contingent upon local legislative appropriation of necessary
funds in future fiscal years; and provided that financial obligations imposed herein shall
not be for the purpose of funding the design or construction of specific Capital
Improvement Plan projects.
6.3 Funds collected from any source on behalf of the Forum shall be maintained in a special
fund by the Fiscal Agent as ex officio treasurer on behalf of the Forum pursuant to rules
and procedures established and agreed to by the Forum. The Fiscal Agent shall also
serve as the contractual agent for the Member Jurisdictions in acquiring any services
needed, including those provided by the Service Provider(s), in the implementation of
the Strategic Action Plan and the Capital Improvement Plan as directed by the
Forum. The Fiscal Agent shall establish billing practices and collection procedures in
the format established by the Washington State Auditor, and utilize its established
Third Amendment to Interlocal Agreement Page 26
purchasing authority and procedures, and any other procedures as may be necessary to
provide for its efficient administration and operation. Any Member Jurisdiction may
inspect and review all records maintained in connection with the special fund maintained
by the Fiscal Agent at any reasonable time.
6.4 The Fiscal Agent, in the performance of its duties, shall not exceed the budgeted
amounts authorized by the Forum and/or the total funds as appropriated by the individual
Member Jurisdictions.
7. LATECOMERS. An Eligible Jurisdiction listed in Section 1.2 which has not become a Member
Jurisdiction within six (6) months of the effective date of this Agreement may become a Member
Jurisdiction only with the written consent of all the Member Jurisdiction. The provisions of
Section 5 otherwise governing decisions of the Forum shall not apply to this Section 7. The
Member Jurisdictions and the county or city seeking to become a Member Jurisdiction shall
jointly determine the terms and conditions under which the county or city may become a Member
Jurisdiction. These terms and conditions shall include payment by such county or city to the
Member Jurisdictions of the amount determined jointly by the Member Jurisdictions and the
county or city to represent such county or city's fair and proportionate share of all costs
associated with activities undertaken by the Forum and the Member Jurisdictions on its behalf
as of the date the county or city becomes a Member Jurisdiction. Any county or city that
becomes a Member Jurisdiction pursuant to this section shall thereby assume the general
rights and responsibilities of all other Member Jurisdictions.
8. TERMINATION. This Agreement may be terminated by any Member Jurisdiction, as to that
Member Jurisdiction only, upon sixty (60) days written notice to the other Member
Jurisdictions. The terminating Member Jurisdiction shall remain fully responsible for meeting
all of its funding obligations for expenditures authorized by the jurisdiction, but only for costs
incurred prior to the date of the notice. This Agreement may be terminated at any time by the
written agreement of all Member Jurisdictions.
9. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by state law, and for the
limited purposes set forth in this Agreement, each Member Jurisdiction shall protect, defend,
hold harmless and indemnify the other Member Jurisdictions to include the officers, employees,
agents and contractors of the Member Jurisdiction, 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 Member Jurisdiction's own negligent acts or omissions, torts
Third Amendment to Interlocal Agreement Page 27
and wrongful or illegal acts related to such Member Jurisdiction's participation and obligations
under this Agreement. Each Member Jurisdiction 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 Member Jurisdiction, by mutual negotiation,
hereby waives, with respect to the other Member Jurisdictions 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 Member
Jurisdictions exercising the right of termination pursuant to Section 9.
10. NO ASSUMPTION OF LIABILITY. In no event do the Member Jurisdictions intend to assume
any responsibility, risk or liability of any other Member Jurisdiction or otherwise with regard to
any Member Jurisdiction's duties or any act, statute or regulation of any local municipality or
government, the State of Washington or the United States.
11. VOLUNTARY AGREEMENT. This is a voluntary agreement and it is acknowledged and agreed
that, in entering into this Agreement, no Member Jurisdiction is committing to adopt or
implement any actions or recommendations that may be contained in the Strategic Action Plan
and the Capital Improvement Plan pursuant to this Agreement.
13. NO PRECLUSION OF ACTIVITIES OR PROJECTS. Nothing herein shall preclude any one or
more of the Member Jurisdiction 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 Member Jurisdiction that 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 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 Forum or any of the Member Jurisdictions, 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 Member Jurisdictions, represented by affirmative action by their legislative
bodies.
Third Amendment to Interlocal Agreement Page 28
16. COUNTERPARTS. This Agreement may be executed in counterparts.
17. APPROVAL BY MEMBER JURISDICTION'S GOVERNING BODIES. The governing body of
each Member Jurisdiction must approve this Agreement before any representative of such
Member Jurisdiction may execute this Agreement.
18. FILING OF AGREEMENT. This Agreement shall be posted on the web site of each Member
Jurisdiction in accordance with the provisions of RCW 39.34.040 and .200 and with the terms of
Section 3 herein.
19. ATTORNEY FEES. In the event a Member Jurisdiction brings suit to enforce this Agreement, or
for breach of this Agreement, the prevailing Member Jurisdiction shall be entitled to its costs,
expenses, and attorney fees for bringing or defending the action.
Third Amendment to Interlocal Agreement Page 29