INTERLOCAL AGREEMENT
BETWEEN KING COUNTY AND THE PORT OF SEATTLE
FOR THE PROVISION OF SURFACE WATER MANAGEMENT SERVICES

This Interlocal Agreement ("Agreement") is hereby entered into by King County ("King
County" or "the County") and the Port of Seattle ("Port"), hereinafter referred to collectively as
the "Parties," to provide the terms under which the Water and Land Resources Division (WLRD)

of the King County Department ofNatural Resources and Parks will provide surface water
management-related technical services to the Port at the SeattleTacoma International Airport.
WHEREAS, the Port must monitor stream ow in Miller, Walker and Des Moines
Creeks for a period of 15 years as a requirement of the 401 Certication issued by the
Department of Ecology for the Airport's Master Plan Update Improvement projects; and
WHEREAS, the Department of Ecology has requested that an independent party with
established experience conduct the required stream ow monitoring; and
WHEREAS, King County has been and is currently monitoring stream ows throughout
King County as part of its comprehensive hydrologic assessment program; and
WHEREAS, since 2004 King County has been providing stream gaging services to the
Port under a series of technical service agreements, which are now expired; and
WHEREAS, King County has also been providing basin stewardship and monitoring
coordination services to jurisdictions of the Des Moines Creek and Miller Creek Basins through

a series of agreements; and
WHEREAS, through an interlocal agreement, King County is able to provide surface
water management-related technical services to the Port of Seattle, and the Port wishes King
'
County to provide these'services, and
WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, the parties are each
authorized to enter into an agreement for cooperative action;

NOW THEREFORE, the parties hereto agree as follows:

I.      Purpose of the Agreement

The purpose of this Agreement is to establish the terms and conditions under which King
County, as represented by its Water and Land Resources Division, will provide the Port
with surface water management-related technical services. At the time of execution of

this Agreement, the Parties have established that King County will provide to the Port on

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an annual basis Des Moines Creek gauging services, as described in Exhibit One,

attached to this Agreement and incorporated herein and made a part hereof. The Parties

have also established that, at least for 2010 and possibly thereafter, King County will
provide to the Port basin stewardship and monitoring coordination services as described
in Exhibit Two, attached to this Agreement and incorporated herein and made a part

hereof. The Parties also agree that this Agreement may be amended in the future

pursuant to Sections 111 and V to enable the provision of similar surface water-related
services.

II.    Administration

A. Administrators. WLRD and the Port will each designate an Administrator to

coordinate on an as-needed basis to ensure compliance with the terms of this
Agreement and to promote the efcient delivery of services. The Administrator for
the Port shall be Robert Duffner, Surface Water Manager, or other representative as
designated by the Port. The Project Administrator for the Port shall be the Water and
Land Resources Division Intergovernmental Coordinator or other representative as
designated by the County.
B. Project Managers. The Parties will each designate a Project Manager for Des

Moines Creek gaging services and a Project Manager for basin stewardship and
monitoring coordination services order to manage the day-today project
management. For the Des Moines Creek gaging services described in Exhibit One,
_
the Project Manager for the Port shall be Aaron Moldver (or his replacement), and the
Project Manager for King County will be David Funke or other representative as
designated by the County. For the basin stewardship and monitoring coordination
services described in Exhibit Two, the Project Manager for the Port will Robert
Duffner, Surface Water Manager (or his replacement), and the Project Manager for
King County will be Dennis Clark (or other representative as designated by King
County).
C. Conict Resolution. Any conict that cannot be resolved by the Administrators will

be referred for resolution to the Division Director ofWLRD for King County, and the

Aviation Plamiing and Environmental Services Director for the Port. This dispute

resolution provision shall not be construed as prohibiting either Party from seeking

enforcement of the terms of this Agreement, or relief or remedy from a breach of the

terms of this Agreement, in law or in equity.

III.   Responsibilities

A. Service provision will be on a calendar year basis (January 1 to December 31) or
portion thereof, as described in specific scopes of work.
B. For the Remainder of Year 2010

a.  The scope of work and cost estimate for Des Moines Creek gaging services and
basin stewardship services are shown on Exhibit One and Exhibit Two
respectively for the year 2010. The Port Commission has already approved
expenditure of funds to pay for these services in its 2010 budget. Therefore, once
both Parties have signed the Agreement, King County agrees to provide these

services starting July 1, 2010.

C. For 2011 and All Subsequent Years

a.  By October lst of each year, the Administrators will jointly develop written

scopes of work and estimated costs for any surface water-related services required
by the Port for the following year, in a form similar to the attached Exhibits.
Service costs are subject to annual adjustments, including cost of living increases
adopted by the King County Council.
b'.  Provision of basin steward services in a given year is dependent upon the
participation of a number ofjurisdictions. By August lst of each year, King
County will notify the Port whether it intends to provide basin stewardship
services for the following year. However, King County reserves the right to

withdraw its offer of basin steward services, so long as notice is provided to the

Port by December 15th.

c.  No later than January lst of each year, the Port Administrator will obtain
approval of the budget total from the Port Commission. The King County and
Port Administrators shall jointly nalize the scope of work, schedule and budget,

to document the services to be provided, consistent with the Commission's budget
approval. The Administrators will sign the scope of work to indicate their mutual
agreement, and King County will provide the services. Such scopes of work shall
be documented in new attachments to this agreement that are approved in writing

by both Administrators which attachments shall be incorporated by reference into
this Agreement.
.

IV.   Costs and Billing

A. For each year in which services are provided, the Port will pay actual costs, including
salaries, benets and supplies, to provide all surface waterrelated services; provided
however, that the Port will not pay more than the total cost estimate provided in the
attached Exhibits and approved by the Port Commission.

B. King County will invoice the Port for the actual cost ofproviding services on a
quarterly basis, per the schedule below.
a.  For the period January 1 to March 31: invoice to be received by May 1

b.  For the period April 1 to June 30: invoice to be received by August 1

c.  For the period July 1 to September 30): invoice to be received by November 1

d.  For the period October 1 to December 31 invoice to be received by February 1 of

the following year

C. The Port will pay King County for billed amounts within 60 days after receipt of the

invoice.

D. As part of the Des Moines Creek gauging services provided pursuant to Exhibit One,

the County owns the stream monitoring equipment (stage sensors/data loggers)
currently existing at each gauging site, with the exception of 42R  Lake Reba Outlet
which is owned by the Port. King County will continue to utilize the existing
equipment at no additional cost to the Port. In the event that the Port determines it
wishes to replace any existing equipment, the Port will pay all costs for the
replacement equipment and retain ownership at project completion. King County will
maintain and repair all equipment, whether owned by King County or the Port,
according to the standards contained in Exhibit 1, Section B(3).

V.   Effectiveness, Termination and Amendment

A.  This Agreement shall become effective upon signature by both Parties and shall

remain in effect until terminated pursuant to Section V.B. below.

B.  This agreement may be terminated by either party for any reason upon provision of
sixty (60) days written notice to the other Party.

Except as provided in Section III.C.c. above, this Agreement may be amended,
altered, or claried only by written agreement of the Parties and may be
,
supplemented by addenda or amendments which have been agreed upon by both
Parties in writing. Copies of such addenda and amendments shall be attached

hereto and upon execution shall be incorporated herein and made a part hereof

This Agreement is a complete expression of the terms hereto and any oral or written
representations or understandings not incorporated herein are excluded. The Parties
recognize that time is of the essence in the performance of the provisions of this
Agreement. Waiver of any default shall not be deemed to be a waiver of any
subsequent default. Waiver of breach of any provision of this Agreement shall not
be deemed to be a waiver of any other or subsequent breach and shall not be

construed to be a modification of the terms of the Agreement unless stated to be

such through written approval by the Parties which shall be attached to the original
Agreement.
VI.   Reporting Obligations

A.  Except as provided in Section B, below, King County's sole reporting obligation

under this Agreement is to provide the results of any activities conducted pursuant

to this Agreement to the Port. The Parties agree that King County's reporting
obligations do not extend to any third party, including any regulatory agency that
may seek to obtain or require the results of any activities conducted pursuant to this
Agreement. The Parties further agree that any reporting obligations that may exist
with regard to third parties, including regulatory agencies, shall remain solely the
responsibility of the Port. King County shall have no liability for any failure to
meet any existing reporting requirements and the Port agrees to defend, indemnify

and hold harmless King County for any damages, suits or claims by third parties

related to failure to report the results of activities conducted pursuant to this
Agreement.
In the event that King County receives a request for information pursuant to the
Washington Public Records Act, Ch. 42.56 RCW for results of any activities
conducted pursuant to this Agreement, the King County Administrator will

immediately contact the Port Project Administrator, provide a copy of the request,
and respond to the request in accordance with the terms of applicable law.

VII.  Indemnication and Hold Harmless

A.  The Port shall protect, defend, indemnify, and save harmless King County, its
ofcers, ofcials, employees, and agents, while acting within the scope of their
employment, from any and all costs, claims, judgments, penalties, and/or awards of
damages, arising out of or in any way resulting from the Port's own negligent acts
or omissions.
King County shall protect, defend, indemnify, and save hamiless the Port, its
ofcers, ofcials, employees, and agents, while acting within the scope of their
employment, from any and all costs, claims, judgments, penalties, and/or awards of
damages, arising out of or in any way resulting from King County's own negligent
acts or omissions.

Each Party agrees that its obligations under this Section VI. extend to any claim,
demand, and/0r 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 Party only, any immunity that would otherwise be available
against such claims under the Industrial Insurance provisions of Title 51 RCW. In
the event that a Party incurs any judgment, award, and/or cost arising therefrom,
including attorneys' fees, to enforce the provisions of this Article, all such fees,
expenses, and costs shall be recoverable from the responsible Party to the extent of

that Party's culpability.

The indemnications provided for in this Section shall survive the termination of

this Agreement.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the
day of                 2010.
,

Approved as to Form              KING COUNTY:



Deputy Prosecuting Attorney          King County Executive



Approved as to Form              PORT OF SEATTLE:



Port Counsel                    Tay Yoshitani

Chief Executive Ofcer

Exhibit One

2010 Scope of Work

Des Moines, Miller and Walker Creek Stream Gaging Services

Wm
Under this Scope of Work, the King County Water and Land Resources Division (WLR
Division) will provide hydrologic data collection services to the Port of Seattle in the Des
Moines, Miller and Walker Creek watersheds. Existing monitoring equipment at each site and
materials required to complete services shall be provided at no cost to the Port. In addition to
providing data to the Port of Seattle as specied in this Scope of Work, the County will continue
to publish Des Moines, Miller and Walker Creek hydrologic data and provide it to interested
parties.

Stream gaging services are to be provided between July 1, 2010 and December 31, 2010 at the
stream gaging stations identied in Table 1.

Table 1: Des Moines, Miller and Walker Creek Gaging Stations

Station
Identication                  Station Name
11C    East Branch of Des Moines Creek at Tyee Detention Pond Inlet
11D    Main Stern of Des Moines Creek at mouth
11F    Main Stem of Des Moines Creek near S 200th Street
11G    West Branch of Des Moines Creek at Northwest Ponds Outlet
11H    East Branch of Des Moines Creek at Bow Lake Discharge
42A   Miller Creek near mouth
42B    Miller Creek at Miller Creek Detention Facility
42E    Walker Creek tributary to Miller Creek
42]     Miller Creek at Des Moines Memorial DR
42K   Walker Creek West of SR509
42R    Lake Reba Outlet to Miller Creek

Services to be Provided
Stream gaging services at the stations identied in Table 1 will include:
0  measurement of stage;

0  measurement of discharge;

0  maintenance of gaging stations;

0  data reporting.

(1) Measurement of Stage
Stream stage shall be measured at each location identied on Table 1 based on reference datum
currently established at each station. Stage shall be directly observed at reference gages and
uploaded from of existing stage sensors/data loggers. Station visits shall be approximately ve
weeks apart.

During each visit, the stage shall be checked before any maintenance activities are undertaken.
All additional measurement activities shall be performed as specied in King County Water and
Land Resources Division's General Gage Maintenance and Data Workup Procedures shall be
completed. Accuracy of stage measurements shall be +/- 0.05 feet.

Field notes shall be maintained and address condition of channel and control, condition of
installation and sensor performance. Sensor performance shall be assessed in the eld by
generating a plot of the water level record. The plots shall be checked for:
0  peak ows associated with known rainstorm events to ensure the recorded elevations are
of a reasonable magnitude;
0  changes in low-ow stage indicating potential control changes;

0  spikes or daily uctuations indicating sensor problems;

0  base stage ow after storms that may provide evidence of ll or scour in the channel.

(2) Measurement of Discharge
Stream discharge shall be measured at each station visit. Additional site visits to characterize
stage discharge relationships during seasonal low-ow and peak discharge conditions may be
required. Additional low ow measurements shall be made after several days without
precipitation during the ow augmentation period for Des Moines Creek (July 24  October 24)
and for Walker Creek (August 1  October 31). Additional peak discharge measurements shall
be made during the winter months as needed to update the gage stagedischarge rating curves.

Stream discharge shall be measured using either a velocityarea method or by direct volumetric
measurement. Stream discharge measurements shall be completed in accordance with King
County Water and Land Resources Division's Protocolfor Measurement ofStreamow at King
County Surface Water Monitoring Sites (Smith and Funke, 2001) and US. Geological Survey
methods ((Buchan and Somers 1984). In general, stream discharge measurements shall be
within a ve percent level of accuracy. Efforts shall be provided as needed to maximize the
accuracy of all low ow measurements. At a minimum, stream discharge measurement
methodology shall be capable of measuring ows as low as 0.10 cubic feet per second. Ranges
of potentially less accurate data measurements shall be noted and included in the Annual Report
(see below).

Flow measurements shall be calculated in the eld (or if not possible, with one week of
collection) and plotted to determine if discharge measurements are on the current rating curve. If
a shift is evident from the plot, errors or conditions in the stream to account shift should be
determined.

(3) Maintenance of Gaging Stations
The hydraulic control shall be maintained at each station. Maintenance of the hydraulic control
includes the removal of sticks and other debris and cutting back vegetation where feasible. Any
alteration to the control shall be documented along with the measured stage. All station
maintenance shall be performed in a manner that will not impact any subsequent stage and/or
discharge measurement. If the upstream pool is large, discharge measurements shall be
performed before cleaning the control.

Deliverables to be Provided
Deliverable to be provided shall include:

Preliminary Data Reports for each monitoring period (ve weeks).
0  Preliminary data workup will be performed after each download. The provisional data
will be available for download in electronic form from the King County Hydrologic
Information Center webpage, http://www.dnr.metrokc.giv/wlr/waterres/hydrology.
0  The County will notify the Port of any problems with the data, anomalous readings, or
other issues by email.
0  PreliminaryData Reports shall be available 21 days after each ve-week monitoring
period.

Annual Data Summary Report summarizing all data collected during the calendar year shall be
provided. The Annual Data Summary Report shall include:
0  Identication of the monitoring period, discharge measurement and data upload dates, a
summary of station condition assessments, an assessment of data quality (including an
assessment rating curves), and summary of other issues or concerns. In addition, the
annual report shall provide a Summary of Discharge Measurements, Daily Data
Summary and Discharge/Stage Plots. The Summary of Discharge Measurements will
tabulate all direct discharge measurement results for all stations. The Daily Data
Summary will summarize daily mean, maximum and minimum stage and ow data over
the annual reporting period. Discharge/Stage Plots shall be provided for each station.
The plots shall identify continuous discharge and stage measurements over the annual
reporting period.
0  A nal electronic le (ASCII or Excel equivalent spreadsheet) containing continuous
data. Each nal data le shall contain all continuous data collected during the annual
monitoring period. Data shall include station identication, date, time, stage and
discharge. A quality assurance review shall be performed on all data provided in the nal
electronic data report.

The Annual Data Summary Report shall be provided 30 days following completion of the nal
stage/discharge measurement event in the calendar year. Two hard copies of the Annual Report
(including Summary of Discharge Measurements, Daily Data Summary and Discharge/Stage
Plots) shall be provided. In addition, electronic les containing the Annual Report and nal
electronic data shall be provided via e-mail.
,


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Deliverable submittal. All deliverables shall be submitted to the Port of Seattle project
manager as identied below:

Aaron Moldver
Port of Seattle Aviation Environmental Programs
PO. Box 68727
Seattle WA 981680727
Phone: (206) 988-5508
e-mail: amoldver@portseattle.org

Costs for Services

Services for Des Moines, Miller and Walker Creek Stream Gaging shall be provided on a time
and materials basis, based on actual labor expenses at the following hourly rates for this calendar
year:

Engineer II: $90.86 per hour
Engineer III: $100.28 per hour

The estimated costs for the July 1, 2010 to December 31, 2010 time period is provided below in
Table 2: -


Table 2: Summary of Estimated 2010 Labor Costs
Station Maint,
Discharge      Additional     Reporting:
Measurements,  Discharge     Preliminary and
& Installations   Measurements   Final


Total Costs
$17,808
$100.28                                         $5,615

Total Labor Costs:      $23,423







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Agreed:

I
For Port of Seattle '            Date



For King County                     Date






















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Exhibit _Two

Scope of Work for
2010 Miller and Walker Creeks Basin
Stewardship and Monitoring Coordination

King County will provide the following services for the period July 1, 2010 to December 31,
201 O:
Basin Stewardship
Basin Monitoring Coordination


Basin Stewardship Activities
The goal of these activities is to:
Improve resources and foster community investment in water resources by conducting
volunteer stream/wetland improvement projects
Develop and provide education resources for students and adults
Provide a single point of contact for citizens, community groups, and governments on issues
related to and affecting the basin.

Task 1: Continue and expand basin stewardship projects focused on invasive plant control
and/or revegetation

Task 1a: Maintain Existing Stewardship Projects: Stewardship will continue at existing
stewardship projects including:
0  Miller Creek at S. 144th Way in Burien

0  Walker Wetland in Burien

0  Walker Preserve in Normandy Park

Services provided will include:
0  Monitor for invasive weeds and survival ofnew plants

0  Organize volunteer events to weed, mulching, and in-ll plant as necessary and as
volunteers are available

Task 1b: Initiate one new stewardship project, location to be determined. Services provided
will include:
0  Publicize activities and recruit volunteers

0  Arrange for preparation of a site management plan, if necessary, by an ecologist

0  Hire EarthCorps/Washington Conservation Corps/Veterans Conservation C01ps

crews as needed to prep the site

0  Handle all logistics including tools, supplies, snacks, portable toilets, and plants

- Advertise/publicize events

0  Lead restoration events


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Task 2: Carry out education programs focused on the Miller/Walker Creek basin

Task 2a: Continue education programs for high school students/adult audiences. Continue
partnership with Environmental Science Center to maximize consistency of messages and
audiences reached. As necessary, revise presentations to incorporate new developments in
the basin and messaging from city stormwater pollution prevention (STORM program) and
Puget Sound Partnership.
Task 2b: Offer program to Highline High School, Evergreen High School, Mt. Rainier High
School, and/or Waskowitz Outdoor Education Program and conduct at least 6 classroom
presentations each year. Provide at least two presentations to community groups such as
Rotary and churches each year.

'Task 3: Develop print media and web resources to support awareness and be a citizen point 
of contact

Task 3a: Maintain design and content for Miller/Walker basin home page on the web.

Task 3b: Provide stream and water quality related content for other web sites and new media
including city, county, and community webpages (e.g., BTown blog).
Task 30: Draft three articles for each city newsletter each year

Task 4: Be a citizen point of contact and assist homeowners

Task 4a: Serve as single point of contact for citizens seeking creek information, stream
stewardship (on private property) information, and volunteer opportunities. Participate in
public meetings/hearings related to the health aquatic resources in the basin as requested by
the ILA signatories.

Task 4b: Respond to up to 12 citizen requests for site visits to homeowners seeking
assistance with drainage, vegetation, and creek stewardship. Work will be performed in
cooperation with city staff where appropriate.
Task 40: Provide ontheground stewardship assistance to property owners to teach them
techniques and create sense of commitment. Most likely tasks are invasive plant removal
(principally English ivy) and proper treeplanting techniques. Number of contacts will vary
based on propertyowner interest.

Task 4d: Assist city staffs on an asneeded basis in identifying, investigating, analyzing, and
property owner education associated with water quality complaints received through an Illicit
Discharge Detection and Elimination Program. Steward will work with city staff to
determine when, where, how and to what extent services will be provided to support NPDES.

Task 4e: Coordinate and facilitate meetings of the Miller/Walker Creeks Project
Management Team

Basin Monitoring Coordination
During 2010, a Quality Assurance Project Plan (QAPP) will be developed to guide future
monitoring in the basin. The quality assurance project plan will be prepared in accordance with
King County guidelines, unless the parties jointly determine otherwise, and will address:

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Project description
Organization and schedule
Quality objectives
Sampling process design
Sampling procedures
Measurement procedures
Quality control
Data management procedures
Data verication and validity
Data quality (usability) assessment
Quality assurance/quality control
Estimated costs

The draft plan will be circulated for review and comment among interested parties and citizens in
draft form. It will then be revised as necessary and nalized.

Cost

The cost for the Port of Seattle's share of these services for the time period July 1, 2010 to

December 31, 2010 will be $23, 326.


Agreed:

For Port of Seattle                        Date



For King County                     Date







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