Item No. 6B  attach 1 
Meeting Date: July 28, 2020
INTERLOCAL AGREEMENT 
Federal Permit Review  Liaison/Staff Biologist 
_____________________________________________________________________ 
THIS INTERLOCAL AGREEMENT ("This Agreement") is between the WASHINGTON
PUBLIC PORTS ASSOCIATION, the PORT OF ANACORTES, PORT OF BELLINGHAM,
PORT OF EVERETT, PORT OF KALAMA, PORT OF LONGVIEW, PORT OF OLYMPIA,
PORT OF PORT ANGELES, PORT OF SEATTLE, PORT OF TACOMA, and PORT OF
VANCOUVER USA (sometimes referred to herein individually as a "Party" and
collectively as the "Parties"). 
RECITALS 
WHEREAS, the port districts named above (each a "Port" and collectively, "the
Ports") are Washington public port districts created, existing  and  exercising 
authority pursuant to Title 53 RCW; and 
WHEREAS, the Washington Public Ports Association ("WPPA") is a coordinating
agency created and existing pursuant to RCW 53.06.030 et seq; and 
WHEREAS, the Ports each engage in industrial development projects requiring
permit review by, or consultations with, the National Marine Fisheries Service
and/or the United States Fish and Wildlife Service (respectively, "NMFS" and
"USFWS" and collectively "the Services"), each an agency of the United States of
America; and 
WHEREAS, the Services are authorized by Federal law, and have agreed in a
Memorandum of Agreement between the Ports and each Service (the "MOAs",
attached as Appendices A & B hereto), to host within their offices a WPPA employee
("Liaison") in the position of a staff biologist("Liaison/Staff Biologist") to assistthe
Ports   to  comply  with  the  Endangered  Species  Act  and  other  authorities  or
environmental regulations regarding listed species. The Liaison/Staff Biologist will
prioritize permit applications submitted by the Ports identified in this Agreement and 
process consultations for said permit applications, which will result in focused
document review and project coordination on applicable Port projects; and 
WHEREAS, the Ports and the WPPA recognize that each Port and the WPPA will reap
important   beneficial   efficiencies   and   enhanced   compliance   with   federal
environmental requirements from the Liaison/Staff Biologist's work on the Ports'
permit  applications  and  therefore  desire  to  enter  into  a  collaboration  and
cooperative arrangement to provide for and fund the Liaison/Staff Biologist; and 

INTERLOCAL AGREEMENT                                                              Page 1 
FEDERAL PERMIT REVIEW  LIAISON/STAFF BIOLOGIST

WHEREAS, on behalf of the Ports, the WPPA has agreed to: (1) employ and pay the
compensation of said Liaison/Staff Biologist as a WPPA's employee, including salary,
benefits,  leave,  and  other  appropriate  overhead  costs  according  to  WPPA
employment policies; and (2) pay any other fees charged by the Services directly
related to the Liaison (collectively, "the Liaison Costs") as further defined below; 
and 
WHEREAS, the Ports have agreed to pay, in advance, to the WPPA the full amount
of the annual Liaison Costs, each on the prorated basis set forth herein; and 
WHEREAS, the Ports and the WPPA are authorized to enter into this Agreement
pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW; 
NOW, THEREFORE, the Ports and the WPPA, for and in consideration of the mutual
covenants herein contained, hereby agree as follows: 
I.       AGREEMENT 
A. Parties. 
The following are the Parties to this Agreement: 
1. Washington Public Ports Association, a coordinating agency created and
existing pursuant to RCW 53.06.030 et seq; 
2. The following Washington Port districts, established and existing pursuant
to Title 53 RCW: 
a. Port of Anacortes, 
b. Port of Bellingham, 
c.  Port of Everett, 
d. Port of Kalama, 
e. Port of Longview, 
f.   Port of Olympia, 
g. Port of Port Angeles, 
h. Port of Seattle, 
i.   Port of Tacoma, and 
j.   Port of Vancouver USA 
Collectively, the "Ports." 
B. Purpose and Utilization. 
1. The purpose of this Agreement is to cooperatively establish and fund the
Liaison position with the Services as a staff biologist.  The Liaison/Staff

INTERLOCAL AGREEMENT                                                              Page 2 
FEDERAL PERMIT REVIEW  LIAISON/STAFF BIOLOGIST

Biologist will prioritize permit applications submitted by the Ports, and
process consultations for said permit applications to promote focused
document review and project coordination on applicable Port projects. It
is expected that this will enhance the Ports' ability to comply with the
Endangered  Species  Act  and  other  authorities  or  environmental
regulations regarding listed species in a timely manner. 
2. The Ports shall utilize the Liaison for their respective permit applications
as described in sub-section C (2) below. 
C. Ports' Obligations. 
Each Port is hereby obligated under this Agreement as follows: 
1. Contribute funds to fully defray  the Liaison costs incurred by WPPA
pursuant hereto in a timely manner; provided that the Ports shall not be
responsible  to  cover  WPPA  costs  resulting  from  employee/employer
disputes. 
2. Confer with each other and the WPPA as needed to arrange the priority, if
any, for the work on the Ports' permit applications.   If, after such
consultation, agreement cannot be reached as to the prioritization of the
Ports' applications, WPPA shall determine the priority based on the
material deadlines applicable to the Port's work and the complexity of the
work. WPPA's determination shall be final. Ports may interact with the
Liaison to address routine issues that may arise during application review
but shall in no manner supervise the Liaison's work. 
3. Cooperate--together and with WPPA--to determine, no later than August 
31, 2020, and annually thereafter, the subsequent year's budget for the
Liaison Costs, including the payment of any Liaison Cost incurred by WPPA
in excess of the then current year's budget, and each Port's individual
portion thereof (that Port's "Allocated Share"). 
4. Commencing in the fall of 2020, and annually thereafter, include in its
preliminary annual budget for the ensuing year, subject to commission
approval, adequate funds to pay its Allocated Share. 
5. No later than sixty (60) days after the Effective Date, provide its Allocated
Share as set forth in Appendix C hereto, and within 30 days after receipt
of an invoice in subsequent years. 


INTERLOCAL AGREEMENT                                                              Page 3 
FEDERAL PERMIT REVIEW  LIAISON/STAFF BIOLOGIST

6. Take all reasonably required actions to work with the other Ports and
WPPA in a collaborative manner to carry out, monitor, and adapt this
Agreement in the best interest of all Parties. 
7. Act promptly and reasonably to address any request from other port
districts to join this Agreement. 
8. Cooperate with the WPPA to evaluate the performance of the Liaison. 
D. WPPA's Obligations. 
WPPA is hereby obligated under this Agreement as follows: 
1. Administer this Agreement in the best interest of all Parties according to
its terms and conditions and undertake explicit and implied duties in
furtherance hereof and in a manner consistent with the MOAs with the
Services. 
2. For each calendar year during the existence of this Agreement, establish,
after consultation with the Ports, an "Annual Budget" by no later than
August 31, 2021 , and issue invoices specifying each Port's Allocated
Share annually thereafter by December 1st; provided, that for the balance
of 2020, such Annual Budget shall be set forth in Appendix C. 
3. Pay all reasonable and necessary expenses related hereto and account
fully to the Ports for such expenses annually during July of each year
starting in 2021. 
4. Hire and employ, as a WPPA employee to carry out the duties described in
the MOAs, the Liaison and provide compensation and benefits consistent
with WPPA HR policies.
5. Provide supervision and evaluation of the Liaison consistent with the MOAs 
and the HR policies of WPPA, and to reasonably carry out the purposes of
this Agreement. 
6. Hold harmless the Ports for claims made by the Liaison to the extent of
employer liability under Federal or state law. 
7. After consultation with all of the Parties to this Agreement, enter into
interlocal agreements with non-party port districts to utilize the Liaison;
provided, that no such interlocal agreement shall delay or interfere with
any permit work being performed for a Port. under this Agreement. WPAA
shall charge and collect from the non-party port district the full, actual

INTERLOCAL AGREEMENT                                                             Page 4 
FEDERAL PERMIT REVIEW  LIAISON/STAFF BIOLOGIST

cost of the work performed and hold the collected funds as a credit
against the calculation of the ensuing year's Allocated Shares under this
Agreement. 
E. Withdrawal.
A Port may withdraw from this Agreement as follows: 
1. Provide  notice  to  the  WPPA  of  its  intent  to  withdraw  from  this
Agreement no later than September 30th of any year. The WPPA shall
promptly forward the withdrawal notice to the other Ports.   The
withdrawal shall be effective on December 31st following receipt of a
timely submitted withdrawal notice.  Any permit work by the Liaison
prioritized for the withdrawing Port under this Agreement shall lose its
priority status on the effective date of the withdrawal. 
2. Any Port providing notice of withdrawal after September 30, shall
nonetheless be responsible for its Allocated Share for the following year. 
3. The withdrawing Port shall not be entitled to any reimbursement or
repayment of its paid Allocated Share for the year in which the
withdrawal takes place. 
F. Determination of Allocated Shares. 
1. The determination of each Port's Allocated Share for any year shall be
based on the Annual Budget established by WPPA in consultation with
the Ports.  For any partial year, the Annual Budget and the Port's
Allocated Shares shall be prorated based on period during which the
liaison is employed.   For the balance of 2020, the Allocated Shares
shall be as set forth in Appendix C. 
2. The Port of Seattle and the Port of Tacoma shall, in combination, pay a
fixed  Allocation  Share  equal  to  forty-three  and  75/100  percent
(43.75%) of the Annual Budget for the liaison position. 
3. The other Ports' Allocated Share shall be determined based on the
Annual Budget, less the Seattle-Tacoma Portion.  The other Ports'
portion shall be based on the proportion that each of the other Ports'
Revenues (as defined below) bear to the total Revenues of all the other
Ports. 


INTERLOCAL AGREEMENT                                                              Page 5 
FEDERAL PERMIT REVIEW  LIAISON/STAFF BIOLOGIST

4. The cost share for the Port of Kalama, Port of Longview, and Port of
Vancouver, shall be based on an average of the share determined for
each under the foregoing subsection (3). 
5. For purposes of determining the other Ports' Allocated Shares, the
term "Revenue" shall mean the sum of each of the other Port's gross
operating revenues from all sources, ad valorum tax receipts, and
interest income for the "Base Year," which means the calendar year
immediately preceding the year during which WPPA determines the
budget for the ensuing year (as set forth in the following examples:
2021 Allocated Sharesdetermined in 2020--based on 2019 Revenues
and 2022  Allocated Sharesdetermined in 2021--based on 2020 
Revenues). The calculation of each of the other Ports' Allocated Share
is illustrated in the following calculation: 
Sum of all the other Ports' Revenues (Sum) x (Each other Port's Revenues) = Allocated Share 
(Sum) 
6. Each of the other Ports shall report its Base Year Revenues to WPPA by
June 30th of the following year. 
G.   Effective Date, Term, and Termination. 
1. The "Effective Date" of this Agreement shall be the last day upon which all
the Ports have executed this Agreement. 
2. The "Term" of this Agreement shall begin on the Effective Date and end on
December 31, 2025, unless extended by written agreement of the Parties.
To provide reasonable notice to the Liaison, the Parties shall attempt, but
not be required, to reach an agreement extending--or not extending--this
Agreement by June 30, 2025. 
3. This Agreement shall terminate at the end of the Term, or may, prior to
the end of the Term, terminate at the end of the calendar year by full
agreement of the all Parties following a determination that no Port desires,
or WPPA does not desire, to continue this Agreement.
4. Upon termination, all Parties'' obligations hereunder shall end, and any
funds held as an Allocated Share credit shall be distributed to the
respective Ports entitled thereto. 


INTERLOCAL AGREEMENT                                                             Page 6 
FEDERAL PERMIT REVIEW  LIAISON/STAFF BIOLOGIST

III.    MISCELLANEOUS PROVISIONS. 
1.  Any  notice,  demand,  or  communication  required  or  permitted  under  this
Agreement shall be deemed to have been duly given if delivered by courier,
USPS, or email addressed to the party to whom directed at the relevant
Party's address specified below its signature below. 
2.  Pursuant  to  RCW  39.34.030  (3) and   (4)(a  &  b),  the  Ports  and  the  WPPA
acknowledge and agree that: 
a) This Agreement shall not be construed to create any entity. 
b) The Executive Director of WPPA, or  their designee, shall be the
Administrator hereof. 
c) No property--real, personal or intangible--shall be acquired by the
Parties collectively or individually pursuant hereto. 
3.  This Agreement shall be construed and enforced in accordance with the laws
of the State of Washington. 
4. This Agreement may not be amended except by the unanimous written
agreement of all the Parties. 
5. Whenever the singular number is used in this Agreement and when required
by the context, the same shall include the plural and vice versa, and the
masculine gender shall include the feminine and neuter genders and vice
versa. 
6. The headings in this Agreement are inserted for convenience only and shall
not affect the interpretations of this Agreement. 
7. The failure of any Party to seek redress for violation of or to insist upon the
strict performance of any covenant or condition of this Agreement shall not
prevent a subsequent act, which would have originally constituted a violation,
from having the effect of an original violation. 
8. If any provision of this Agreement or the application thereof to any person,
entity or circumstance shall be invalid, illegal or unenforceable to any extent,
the remainder of this Agreement and the application thereof shall not be
affected and shall be enforceable to the fullest extent permitted by law. 

INTERLOCAL AGREEMENT                                                              Page 7 
FEDERAL PERMIT REVIEW  LIAISON/STAFF BIOLOGIST

9. This Agreement is not assignable absent written approval by all Parties, which
approval shall be granted, withheld, or conditioned in the discretion of each
party.   Each of the covenants, terms, provisions, and agreements herein
contained shall be binding upon and inure to the benefit of the Parties hereto
and, to the extent permitted by this Agreement, their respective legal
representatives, successors, and assigns. 
10.  This Agreement is not for the benefit of any individual or entity other than
the Parties and shall not be enforceable thereby under any circumstances
whatsoever. 
11. This Agreement may be executed by the Parties hereto in counterparts and,
once so signed by all parties and posted to each Parties' web site in
accordance with RCW 39.34, Parties, shall have full force and effect.  Such 
signatures will be effective when delivered by fax or email and shall be
followed by original signatures. 

EXECUTED BY THE UNDERSIGNED PARTIES effective as of the date last below written and
posted pursuant to Chapter 39.34 RCW: 

PORT OF ANACORTES                     PORT OF LONGVIEW 
100 Commercial Avenue                         10 Port Way 
Anacortes, WA 98221                           Longview, WA 98632 
Email: _____________________                 Email: _____________________ 
__________________________                 __________________________ 
By: Daniel C. Worra                                By: Dan Stahl 
Its: Executive Director                                 Its: Interim CEO 
Date: ____________________                   Date: ____________________ 

PORT OF BELLINGHAM                     PORT OF OLYMPIA 
1801 Roeder Avenue                            606 Columbia Street NW, Suite 300 
Bellingham, WA 98225                          Olympia, WA 98501 
Email: _____________________                 Email: _____________________ 
__________________________                 __________________________ 
By: Rob Fix                                         By: Sam Gibboney 
Its: Executive Director                                 Its: Executive Director 
Date: ____________________                   Date: ____________________ 



INTERLOCAL AGREEMENT                                                             Page 8 
FEDERAL PERMIT REVIEW  LIAISON/STAFF BIOLOGIST

PORT OF EVERETT                        PORT OF PORT ANGELES 
1205 Craftsman Way, #200                       338 W. First Street 
Everett, WA 98201                               Port Angeles, WA 98362 
Email: _____________________                 Email: _____________________ 
__________________________                 __________________________ 
By: Lisa Lefeber                                     By: Karen Goschen 
Its: CEO/Executive Director                          Its: Executive Director 
Date: ____________________                   Date: ____________________ 

PORT OF KALAMA                         PORT OF SEATTLE 
110 West Marine Drive                            PO Box 1209 
Kalama, WA 98625                           Seattle, WA 98111 
Email: _____________________                 Email: _____________________ 
__________________________                 __________________________ 
By: Mark Wilson                                   By: Stephen P. Metruck 
Its: Executive Director                                 Its: Executive Director 
Date: ____________________                   Date: ____________________ 

PORT OF TACOMA                        PORT OF VANCOUVER USA 
PO Box 1837                                  3103 NW Lower River Road 
Tacoma, WA 98401                         Vancouver, WA 98660 
Email: _____________________                 Email: _____________________ 
__________________________                 __________________________ 
By: Eric Johnson                                   By: Julianna Marler 
Its: Executive Director                                 Its: CEO 
Date: ____________________                   Date: ____________________ 

WASHINGTON PUBLIC PORTS ASSOCIATION 
1501 Capitol Was South, Suite 304 
Olympia, WA 98501 
Email: ______________________ 
__________________________ 
By: James Thompson 
Its: Executive Director 
Date: ____________________ 



INTERLOCAL AGREEMENT                                                             Page 9 
FEDERAL PERMIT REVIEW  LIAISON/STAFF BIOLOGIST

Appendix A 

MEMORANDUM OF AGREEMENT
BETWEEN THE 
DEPARTMENT OF INTERIOR, U.S. FISH AND WILDLIFE SERVICE,
AND 
THE WASHINGTON PUBLIC PORTS ASSOCIATION 
Agreement Number: WFWO-2002 

I.       PARTIES 
This document constitutes an agreement between the U.S. Fish and Wildlife Service (USFWS),
Department of the Interior, and the Washington Public Ports Association (WPPA) on behalf of 
its member public port districts, established by the Washington-8tate Legislature in 53.06.030 
RCW. 
II.      AUTHORITIES 
The USFWS has the authority to participate in technical assistance for the WPPA under the
following statutes: 
(1) The Endangered Species Act (ESA) of 1973.; as amended (16 U.S.C. Section 1531 et
seq.); 
(2) The Migratory Bird Treaty Act (MBTA) of1918 (16 U:S:C. 703..:712), as amended; 
(3) The Fish and Wildlife Coordination Act (16 U.S.C. section 661) and, 
(4) Other authorities, including the National Environmental Policy Act, the Coastal Zone
Management Act, the Bald and Golden Eagle Protection Act, and various executive
and secretarial orders. 
III.     PURPOSE 
Pursuant to this agreement, the WPPA, .and the USFWS will work together in support of one staff 
position provided to facilitate certain duties re1ated to consultation under the ESA for public port
district projects requiring permits or authorization by the U.S. Army Corps of Engineers or
receiving funding from a federal agency. 
The mission of the USFWS is to work with others to conserve, protect and enhance fish, wildlife,
plants and their habitats for the continuing benefit of the American people. The State of

INTERLOCAL AGREEMENT                                                             Page 10 
FEDERAL PERMIT REVIEW  LIAISON/STAFF BIOLOGIST

Washington has charged the public port districts with the responsibility to design, construct and
maintain port infrastructure in Washington, including a wide range of projects. Port projects
frequently affect listed species and their habitats and therefore require early coordination and 

consultation with the USFWS. Because of the heavy workload related to consultation under the
ESA, it is practical and beneficial for the WPPA to provide resources to the USFWS on behalf of
the ports to perform certain duties related to consultation on projects implemented by its member
port districts. In this case, the resources provided to the agencies will be in the form of one
qualified staff biologist who will be assigned to study and evaluate port district projects for
compliance with the ESA and other pertinent laws administered by the USFWS. This is necessary
and essential to further the mission of the WPPA's member public port districts and the federal
agencies in that it will increase coordination, streamline consultation, and provide early projectlevel
planning assistance to increase compatibility of port projects with the conservation of listed
species and their habitats. No preferential treatment by the USFWS is given or should be inferred
under this agreement; public port district projects will receive the same scrutiny as other projects
requiring ESA permits or review. 
IV.     MUTUAL INTEREST OF THE PARTIES 
This assistance is of mutual interest to the parties because the USFWS has the responsibility to
protect and perpetuate fish and wildlife under their jurisdiction, and the WPPA's member-public
port districts have the responsibility to design, construct, and maintain port infrastructure in
Washington, including a wide range of projects. Public port district projects frequently affect fish
and wildlife habitat and therefore require coordination and consultation with the National Marine
Fisheries Service (NMFS) and the USFWS. Having a staff biologist assigned to study and
evaluate public port district projects for compliance with the ESA and other pertinent laws 
.administered by the federal agencies reduces time spent in coordination and increases the
biologist's understanding of individual projects. In addition, having the staff biologist
responsible for all public port district consultations involving WPPA's member ports increases
their familiarity with those agencies' personnel and processes, landscape and aquatic habitat
conditions across the State of Washington, and opportunities for conservation and aquatic and
terrestrial habitat restoration, as well as ensuring consistency and timeliness of reviews. 
V.     RESPONSIBILITIES OF THE PARTIES 
The West Coast Region of the National Marine Fisheries Service (NMFS)1 and the Washington
Fish and Wildlife Office (WFWO) of the USFWS (collectively referred to as the Services), are colocated
in the same office in Lacey, Washington. The USFWS will coordinate to perform the
following activities and provide the following resources in support of the technical .assistance for
WPPA's member public port districts: 
(1) Provide office space, common office supplies, and use of office equipment (including
assistance in obtaining server access cards) for the staff biologist in the Lacey office.
Administrative support will be provided, as is currently available to staff biologists 
1 The NMFS has a separate MOA which covers the same purpose, interests and responsibilities for this position, but under
different authorities, statutes and with independent agency signatures 

INTERLOCAL AGREEMENT                                                             Page 11 
FEDERAL PERMIT REVIEW  LIAISON/STAFF BIOLOGIST

and other liaisons working in the Lacey office. The USFWS will provide input to
WPPA on the staff biologists' performance, and may provide additional guidance as
needed in consultation with the WPPA supervisor. 
(2) Provide guidance to, and coordinate with, the staff biologist to assist WPPA's
member public port districts to comply with the BSA and other authorities or
environmental regulations regarding listed species. Coordinate workload and
scheduling priorities with both Services. The staff biologist will work primarily on 
projects developed by WPPA's member public port districts, which will result in
focused document review and project coordination on applicable port projects. 
The WPPA agrees to perform the following activities and provide the following resources in
support of the technical assistance for the USFWS: 
(1) Provide one qualified staff biologist to consult with and assist WPPA's member
public port districts in complying with the requirements of the ESA and other
authorities. The staff biologist will provide timely and well-supported ES.A
consultation initiation packages that are based on best available scientific and
commercia1 data, and that include all the information about the proposed action and
its effects on BSA-protected resources that is necessary for the federal agencies to
complete the requested consultation. 
(2) Provide appropriate travel, per diem, training, guidance and supervision, and
associated equipment needed by the biologists to conduct reviews of public port
district projects and to perform needed analysis for the USFWS and NMFS (field
visits to project sites, meetings, and WPPA-funded training opportunities). 
(3) The WPPA will pay salary, benefits, and associated cost of living increases for the
WPPA liaison staff biologist. 
VI.    NMFS APPORTIONMENT OF COSTS 
The annual costs (for one professional staff) of this activity are indicated below: 
The NMFS MOU outlines the following cost estimates for space and oversight of the
WPPA liaison. 
Space/General Support                                   $ 20,130.00* 
General Guidance/Oversight by NMFS Senior Staff         $ 3.,550.00 
Total:  $ 23,680:00 




INTERLOCAL AGREEMENT                                                             Page 12 
FEDERAL PERMIT REVIEW  LIAISON/STAFF BIOLOGIST




* Because the person will be assigned to an office in the NMFS section of the building and lease costs are split
between the Services depending on where staff are located, the USFWS does not anticipate any space or lease
costs for this position. 
The USFWS cost estimate for general guidance was determined based on the amount of time the
supervisor or manager typically spends providing review and guidance and is expected to be similar to the
NMFS cost estimate of $3,550.00 annually. The annual review/oversight costs also includes computer
support (access to USFWS servers) and may vary slightly :from year to year depending on workload. 
VII.    CONTACTS 
The contacts for each party to this agreement are: 
Curtis Tanner, Division Manager Consultation
and Conservation Planning 
U.S. Fish and Wildlife Service, Washington Fish and Wildlife Office 510
Desmond Drive SE 
Lacey, Washington 98503 
Phone: (360) 753-4326 
Email: Curtis Tanner@fws.gov 
Gerald O'Keefe 
Senior Director of Environmental Affairs
Washington Public Ports Association 1501
Capitol Way South 
Olympia, Washington 98502 
Phone: (360) 943-0760, mobile: (360) 918-2468 
Email: gokeefe@washingtonports.org 

The parties agree that if there is a change regarding the information in this section, the party
making the change will notify the other party in writing of such change. 
VIII.   PERIOD OF AGREEMENT AND MODIFICATION/TERMINATION 
This agreement will become effective when signed by the parties and will terminate in five years. The
agreement may be amended or extended at any time by mutual consent of the parties. The parties will
review this agreement every year to determine whether it should be revised, continued as is, extended,
or canceled. 
Any party may terminate this agreement by providing 60 days written notice to the other party. In the 
event this agreement is terminated, each party shall be solely responsible for the payment of any
expenses it has incurred. This agreement is subject to the availability of funds. 
IX.     OTHER PROVISIONS 
Should disagreement arise on the interpretation of the provisions of this agreement, or amendments
and/or revisions thereto, that cannot be resolved at the operating level, the area of disagreement shall
INTERLOCAL AGREEMENT                                                             Page 13 
FEDERAL PERMIT REVIEW  LIAISON/STAFF BIOLOGIST




be stated in writing by each party and presented to the other party for consideration. If agreement on
interpretation is not reached within 30 days, the parties shall forward the written presentation of the
disagreement to respective higher officials for appropriate resolution. Under the Inspector General Act
of 1978, as amended, 5 USC App. 3, a review of this agreement may be conducted at any time. The
Inspector General of the Department of Interior, or any of his or her duly authorized representatives,
shall have access to any pertinent books, documents, papers and records of the parties in this
agreement, whether written, printed, 
recorded, produced, or reproduced by any mechanical, magnetic or other process or medium, in order to
make audits, inspections, excerpts, transcripts, or other examinations as authorized by law. 
Nothing herein is intended to conflict with current Department of the Interior directives. If the terms of
this agreement are inconsistent with existing directives of either of the agencies entering into this
agreement, then those portions of this agreement which are determined to be inconsistent shall be
invalid; but the remaining terms and conditions not affected by the inconsistency shall remain in effect.
At the first opportunity for review of the agreement, all necessary changes will be accomplished by 
either an amendment to this agreement or by entering into a new agreement, whichever is deemed
expedient to the interest of both parties. 
X.     CONTACTS 
The contacts for each party to this agreement are: 
Curtis Tanner, Division Manager Consultation
and Conservation Planning 
U.S. Fish and Wildlife Service, Washington Fish and Wildlife Office 510
Desmond Drive SE 
Lacey, Washington 98503 
Phone: (360) 753-4326 
Email: Curtis Tanner@fws.gov 
Gerald O'Keefe 
Senior Director of Environmental Affairs
Washington Public Ports Association 1501
Capitol Way South 
Olympia, Washington 98502 
Phone: (360) 943-0760, mobile: (360) 918-2468 I 
Email: gokeefe@washingtonports.org 

The parties agree that if there is a change regarding the information in this section, the party
making the change will notify the other party in writing of such change. 
XI.     PERIOD OF AGREEMENT AND MODIFICATION/TERMINATION 
This agreement will become effective when signed by the parties and will terminate in five years. The
agreement may be amended or extended at any time by mutual consent of the parties. The parties will
review this agreement every year to determine whether it should be revised, continued as is, extended,
or canceled. 

INTERLOCAL AGREEMENT                                                             Page 14 
FEDERAL PERMIT REVIEW  LIAISON/STAFF BIOLOGIST

Any party may terminate this agreement by providing 60 days written notice to the other party. In the 
event this agreement is terminated, each party shall be solely responsible for the payment of any
expenses it has incurred. This agreement is subject to the availability of funds. 
XII.    OTHER PROVISIONS 
Should disagreement arise on the interpretation of the provisions of this agreement, or amendments
and/or revisions thereto, that cannot be resolved at the operating level, the area of disagreement shall
be stated in writing by each party and presented to the other party for consideration. If agreement on
interpretation is not reached within 30 days, the parties shall forward the written presentation of the
disagreement to respective higher officials for appropriate resolution. Under the Inspector General Act
of 1978, as amended, 5 USC App. 3, a review of this agreement may be conducted at any time. The
Inspector General of the Department of Interior, or any of his or her duly authorized representatives,
shall have access to any pertinent books, documents, papers and records of the parties in this
agreement, whether written, printed, 
recorded, produced, or reproduced by any mechanical, magnetic or other process or medium, in order to
make audits, inspections, excerpts, transcripts, or other examinations as authorized by law. 
Nothing herein is intended to conflict with current Department of the Interior directives. If the terms of
this agreement are inconsistent with existing directives of either of the agencies entering into this
agreement, then those portions of this agreement which are determined to be inconsistent shall be
invalid; but the remaining terms and conditions not affected by the inconsistency shall remain in effect.
At the first opportunity for review of the agreement, all necessary changes will be accomplished by 
either an amendment to this agreement or by entering into a new agreement, whichever is deemed
expedient to the interest of both parties. 


Rollie White, Assistant Regional Director Ecological
Services 
U.S. Fish and Wildlife Service, Interior Regions 9 and 12 
3/24/2020 



INTERLOCAL AGREEMENT                                                             Page 15 
FEDERAL PERMIT REVIEW  LIAISON/STAFF BIOLOGIST

Appendix B 
MEMORANDUM OF AGREEMENT
BETWEEN 
THE NATIONAL OCEANIC AND ATMOSHPERIC ADMINSTRATION,
NATIONAL MARINE FISHERIES SERVICE 
U.S. DEPARTMENT OF COMMERCE
AND 
THE WASHINGTON PUBLIC PORTS ASSOCIATION 

WCR-2006 

I.       PARTIES 
This document constitutes an agreement between the National Marine Fisheries Service (NMFS),
U.S. Department of Commerce, and the Washington Public Ports Association (WPPA) on behalf of
its member public port districts, established by the Washington State Legislature in 53.06.030
RCW. 
II.      AUTHORITIES 
NMFS had authority to participate in technical assistance for WPPA under: 

(1) 16 U.S.C. Section 661, the Fish and Wildlife Coordination Act; 
(2) 16 U.S.C. Section 1531 et seq., the Endangered Species Act (ESA); 
(3) 16 U.S.C. Section 1801 the Magnuson Stevens Fishery Conservation Act (MSA); and, 
(4)Other authorities, including the Marine Mammal Protection Act, the National 
Environmental Policy Act, the Coastal Zone Management Act, and various executive
and secretarial orders. 

III.     PURPOSE 
Pursuant to this agreement, WPPA and NMFS work together in support of one staff position provided
to facilitate certain duties related to consultation on public port district projects. 
NMFS, under its jurisdiction, has the responsibility to protect and recover species and their habitats
listed as threatened or endangered pursuant the ESA and MSA. The State of Washington has
charged public port districts with the responsibility to design, construct, and maintain port
INTERLOCAL AGREEMENT                                                             Page 16 
FEDERAL PERMIT REVIEW  LIAISON/STAFF BIOLOGIST

infrastructure in Washington, including a wide range of projects. Port projects frequently affect
ESA- and MSA- listed species habitat and therefore require early coordination and consultation with
NMFS. Because of the heavy workload related to consultation under the ESA and MSA, it is
practical and beneficial for WPPA to provide resources to NMFS to perform certain duties related to
consultation on projects implemented by its member port districts. In this case, the resources
provided to the agencies will be in the form of one staff biologist who will be assigned to study and
evaluate port district projects for compliance with the ESA and MSA and other pertinent laws
administered by NMFS. This is necessary and essential to further the mission of WPPA's member
public port districts and the federal agencies in that it will increase coordination, streamline
consultation, and provide early project-level planning assistance to increase compatibility of port
projects with anadromous fish conservation. No preferential treatment by NMFS is given or should
be inferred under this agreement; public port district projects will receive the same scrutiny as other
projects requiring ESA and MSA permits. 
IV.     MUTUAL INTEREST OF THE PARTIES 
This assistance is of mutual interest to the parties because NMFS has the responsibility to protect and
recover species and their habitats listed as threatened or endangered pursuant ESA and under their
jurisdiction, and WPPA's member public port districts have the responsibility to design, construct,
and maintain port infrastructure in Washington, including a wide range of projects. Public port
district projects frequently affect freshwater and marine habitats that support NMFS and USFWS
trust resources and therefore require frequent coordination and consultation with NMFS Having a
staff biologist assigned to the study and evaluation of public port district projects for compliance
with the ESA and other pertinent laws administered by the federal agencies reduces time spent in
coordination and increases the biologist's understanding of individual projects. In addition, having
the staff biologist responsible for all public port district consultations involving WPPA's member
ports increases their familiarity with those agencies' personnel and processes, landscape and aquatic
habitat conditions across the State of Washington, and opportunities for conservation and aquatic
habitat restoration, as well as ensuring consistency and timeliness of reviews. 
V.      RESPONSIBILITIES OF THE PARTIES 
NMFS West Coast Region agrees to perform the following activities and provide the following
resources in support of the technical assistance for WPPA's member public port districts: 

(1) Provide office space, common office supplies, and use of office equipment (including
assistance in obtaining a Common Access Card [CAC]) for the staff biologists in their
Lacey office. Administrative support will be provided as is currently available to the
Lacey Branches. NMFS will provide input to WPPA on the staff biologists' performance,
and may provide additional guidance as needed in consultation with the WPPA
supervisor. 
(2) Provide guidance to, and coordinate with, the staff biologist to assist WPPA's member
public port districts to comply with the ESA, MSA, and other authorities. Coordinate
workload and scheduling priorities with the United States Fish and Wildlife Service
(USFWS), Department of the Interior. The staff biologist will work primarily on projects
developed by WPPA's member public port districts, which will result in expedited 
INTERLOCAL AGREEMENT                                                             Page 17 
FEDERAL PERMIT REVIEW  LIAISON/STAFF BIOLOGIST



document review and project coordination on applicable port projects. 
WPPA agrees to perform the following activities and provide the following resources in support of
the technical assistance for the NMFS: 
(1) Provide one qualified staff biologist to consult with and assist WPPA's member public
port districts in complying with the requirements of the ESA, the MSA, and other
authorities. The staff biologist will provide timely and well-supported ESA and MSA
consultation initiation packages that are based on best available scientific and commercial 
data, and that include all the information about the proposed action and its effects on
ESA-protected resources that is necessary for the federal agencies to complete the
requested consultation. 
(2) Provide appropriate travel, per diem, training, guidance and supervision, and associated
equipment needed by the biologists to conduct reviews of public port district projects and
to perform needed analysis for NMFS (NMFS workshops, field visits to project sites,
meetings, and WPPA-funded training opportunities). 
(3) WPPA will pay salary, benefits, and associated cost of living increases for the WPPA
staff biologist. 

VI.     NMFS APPORTIONMENT OF COSTS 
The annual costs (for one professional staff) of this activity are indicated below: 
NMFS: 
Space/General Support$                           $24,700.00 
General Guidance/Oversight by NMFS Senior Staff$  $15,800.00 
Total:                                                 $40,500.00 
Five Year Total:                                     $202,500.00 
The NMFS General Guidance/Oversight cost was determined based on the amount of time (10%)
the Senior Staff typically spends providing oversight and guidance to the staff biologists. NMFS and
USFWS may share these costs as appropriate. 
VII.    CONTACTS 
The contacts for each party to this agreement are:
Jennifer Quan 
Central Puget Sound Branch Chief
National Marine Fisheries Service
510 Desmond Drive SE 
Lacey, WA 95801 
Phone: 360-753-6054 
Jennifer.Quan@noaa.gov 

INTERLOCAL AGREEMENT                                                             Page 18 
FEDERAL PERMIT REVIEW  LIAISON/STAFF BIOLOGIST




Scott Hecht 
Washington Coast  Lower Columbia Branch Chief
National Marine Fisheries Service 
510 Desmond Drive SE, Suite 103 
Lacey, WA 98503-1263 
Phone: 360-534-93067 
mailto:Scott.Hecht @noaa.gov 
Gerald O'Keefe 
Senior Director of Environmental Affairs
Washington Public Ports Association
1501 Capitol Way South 
Olympia, WA 98502 
Phone: 360-943-0760 
gokeefe@washingtonports.org 
The parties agree that if there is a change regarding the information in this section, the party making
the change will notify the other party in writing of such change. 
VIII.   PERIOD OF AGREEMENT AND MODIFICATION/TERMINATION 
This agreement will become effective when signed by the parties and will terminate in five years.
The agreement may be amended or extended at any time by mutual consent of the parties. The parties
will review this agreement every year to determine whether it should be revised, continued as is,
extended, or canceled. 
Any party may terminate this agreement by providing 60 days written notice to the other party. In the
event this agreement is terminated, each party shall be solely responsible for the payment of any
expenses it has incurred. This agreement is subject to the availability of funds. 
IX.     OTHER PROVISIONS 
Should disagreement arise on the interpretation of the provisions of this agreement, or amendments
and/or revisions thereto, that cannot be resolved at the operating level, the area of disagreement shall
be stated in writing by each party and presented to the other party for consideration. If agreement on
interpretation is not reached within 30 days, the parties shall forward the written presentation of the
disagreement to respective higher officials for appropriate resolution. Under the Inspector General 
Act of 1978, as amended, 5 USC App. 3, a review of this agreement may be conducted at any time.
The Inspector General of the Department of Commerce, or any of his or her duly authorized
representatives, shall have access to any pertinent books, documents, papers and records of the
parties to this agreement, whether written, printed, recorded, produced, or reproduced by any
mechanical, magnetic or other process or medium, in order to make audits, inspections, excerpts,
transcripts, or other examinations as authorized by law. 
Nothing herein is intended to conflict with current Department of Commerce directives. If the terms
of this agreement are inconsistent with existing directives of either of the agencies entering into this 

INTERLOCAL AGREEMENT                                                             Page 19 
FEDERAL PERMIT REVIEW  LIAISON/STAFF BIOLOGIST

agreement, then those portions of this agreement which are determined to be inconsistent shall be
invalid; but the remaining terms and conditions not affected by the inconsistency shall remain in full
force and effect. At the first opportunity for review of the agreement, all necessary changes will be
accomplished by either an amendment to this agreement or by entering into a new agreement,
whichever is deemed expedient to the interest of both parties. 

Digitally signed by
RUMSEY.SCOTT.M.1365888341 
____________ Date: 2020.0_5.11 12:16:40 -07'00' 
for Barry A. Thom _ 
Regional Administrator 
National Marine Fisheries Service 
05/10/2020 
Date 

James Thompson 
Executive Director 
Washington Public Ports Association 
Digitally signed by James Thompson 
Date: 2020.05.14 
05/14/20 
Date 








INTERLOCAL AGREEMENT                                                            Page 20 
FEDERAL PERMIT REVIEW  LIAISON/STAFF BIOLOGIST

Appendix C 

ALLOCATED SHARE 
ANNUAL BUDGET 

The estimated annual cost of the Liaison/Staff Biologist is $182,000. However, the
exact cost will not be known until a hiring decision is made. For the 2020 budget
period, WPPA will allocate the cost of the position using the formula provided in the
agreement, prorated for the number of weeks remaining in the calendar year. 
Future budgets and cost allocations will be determined using the methodology in
the agreement. 













INTERLOCAL AGREEMENT                                                             Page 21 
FEDERAL PERMIT REVIEW  LIAISON/STAFF BIOLOGIST