HomeMy WebLinkAboutR-2006-086 Yakima Basin Water Resources Agency Intergovernmental AgreementRESOLUTION NO. R-2006-86
A RESOLUTION authorizing the execution of an Intergovernmental Agreement
associating the City of Yakima with numerous other governmental
agencies in the Yakima River Basin through the YAKIMA BASIN
WATER RESOURCES AGENCY for the purpose of concerted
coordinated water resource planning in the Yakima River Basin.
WHEREAS, water resource planning has been and continues to be a
responsibility of Washington State, counties, cities, water utilities and tribes; and
WHEREAS, the State of Washington has declared, and the local Govern-
ments recognize, that proper utilization of the water resources of this state is
necessary for the promotion of public health and economic well-being of the state
and preservation of its natural resources and aesthetic values; and
WHEREAS, the local Governments recognize that it is in the best interests
of the state and the Yakima River basin that comprehensive water planning be
given a high priority so that water resources and associated values can be utilized
and enjoyed today and protected for tomorrow; and
WHEREAS, comprehensive water resource planning must provide
interested parties adequate opportunity to participate, and water resources issues
are best addressed through cooperation and coordination among the State, Local
Governments, and all interested parties; and
WHEREAS, pursuant to RCW Chapter 43.21C, comprehensive water
resource planning has considered the requirements of the State Environmental
Policy Act within the scope of the planning process and must do so in the
implementation of actions under the watershed plan; and
WHEREAS, utilization and management of the waters of this state are
guided by certain general principles, including the principle that uses of water for
domestic, stock -watering, industrial, commercial, agricultural irrigation, hydroelectric
power production, mining, fish and wildlife maintenance and enhancement,
recreational, thermal power production, preservation of environmental and aesthetic
values, and all other uses compatible with the employment of the public waters of
the state, are beneficial; and
WHEREAS, since water rights are property rights held by individual citizens,
irrigation entities, municipalities, public and private utilities, and governments, the
local Governments declare that the Yakima Basin Water Resources Agency shall
have no power or eminent domain authority to impair (a) any lawful water right or
use; (b) the capability of water users to divert, convey, or exercise those rights; or
(c) the continuation of existing land uses dependent on, or benefited by, those
water rights uses; and
WHEREAS, to prepare and recommend a local watershed plan for approval
under RCW Chapter 90.82, the local Governments have worked with willing
participants of, or sought input from, the former Yakima River Watershed Council,
(jc)res/Yak Basin Water Resource Agency Agreement 1
representatives of state and federal agencies, the Confederated Tribes and Bands
of the Yakama Indian Nation, local governments and representatives for
agricultural, fisheries, recreational and environmental interests; and
WHEREAS, it is critical to the success of the planning process that the
participating local Governments provide for broad public participation and education
regarding the development and implementation of the local watershed plan,
therefore the local Governments have provided for the participation of a wide range
of water resource interests in the composition of the planning unit for the Yakima
River basin; and.
WHEREAS, because County Governments have a responsibility and
abiding desire for Plan approval they shall appoint Steering Committee members to
the Planning Unit. Appointees from each County shall represent the four areas of
1) County Government, 2) City Government, 3) Major Water Users and 4)
Environmental Interests. The Klickitat County Board of County Commissioners shall
determine whether to appoint representatives from Klickitat County as voting or ex -
officio members or to leave the seats presently reserved for Klickitat County
representatives vacant; and
WHEREAS, the local Governments that have designated the Yakima Basin
Water Resources Agency as the Lead Agency in the local watershed process
should also be members of this important Agency; and
WHEREAS, it is the intention of the local Governments that this
Intergovernmental Agreement will provide for the continuation of planning and
implementation of the approved plan;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City of Yakima believes it is vital to, and in the best interests of its citizens and
all those living within the Yakima River basin to preserve and protect that watershed, and to
participate in planning and employing reasonable long range goals to accomplish that
mission. To further the enhancement of the water resources of the Yakima River Basin the
City Council authorizes the City Manager to execute the INTERGOVERNMENTAL
AGREEMENT for the YAKIMA BASIN WATER RESOURCES AGENCY on behalf of the
City of Yakima, Washington.
ADOPTED BY THE CITY COUNCIL this 6th day of e , 2006.
ATTEST:
Z h -t,.‘.. 2
City Clerk
(ic)res/Yak Basin Water Resource Agency Agreement 2
David dler, Mayor
INTERGOVERNMENTAL AGREEMENT
FOR THE
Yakima Basin Water Resources Agency
This INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into
in accordance with the authority of Chapter 39.34 RCW, the Inter -local Cooperation Act, by and
among the interested governments of Benton County, Klickitat County, Yakima County, City of
Yakima, City of Ellensburg, Roza Irrigation District, Sunnyside Valley Irrigation District, and
Yakima-Tieton Irrigation District, (collectively, the "Parties"), for the purposes of administrating
and coordinating the implementation and possible future amendments of a local watershed plan
known as the Watershed Management Plan: Yakima River Basin, January 2003, as approved by
Joint Resolution No. 1-2005 by Benton, Klickitat, and Yakima Counties on November 2, 2005,
under authority of Chapter 90.82 RCW for the Yakima River basin in WRIAs 37, 38 and 39 (the
"Plan"); defining the duties and responsibilities of the coordinating agency created hereby; and
providing direction to staff` regarding contracting with consultants and expenditure of grant
funds
RECITALS AND FINDINGS:
WHEREAS, water resource planning has been and continues to be a responsibility of
Washington State, counties, cities, water utilities and tribes; and
WHEREAS, the State of Washington has declared, and the Parties recognize, that proper
utilization of the water resources of this state is necessary for the promotion of public health and
economic well-being of the state and for the preservation of its natural resources and aesthetic
values; and
WHEREAS, the Parties recognize that it is in the best interests of the state and the
Yakima River Basin that comprehensive water planning be given a high priority so that water
resources and associated values can be utilized and enjoyed today and protected for tomorrow;
and
WHEREAS, comprehensive water resource planning must provide interested parties
adequate opportunity to participate, and water resource issues are best addressed through
cooperation and coordination among the state, local governments, and all interested parties; and
WHEREAS, pursuant to Chapter 43.21C RCW, comprehensive water resource planning
has considered the requirements of the State Environmental Policy Act within the scope of the
planning process and must do so in the implementation of actions under the watershed plan; and
WHEREAS, utilization and management of the waters of this state are guided by certain
general principles, including the principle that uses of water for domestic, stock -watering,
industrial, commercial, agricultural irrigation, hydroelectric power production, mining, fish and
wildlife maintenance and enhancement, recreational, thermal power production, preservation of
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environmental and aesthetic values, and all other uses compatible with the employment of the
public waters of the state, are beneficial; and
WHEREAS, because water rights are property rights held by individual citizens,
irrigation entities, municipalities, public and private utilities, and governments, the Parties
declare that the coordinating agency (CA) created hereby shall have no power or eminent domain
authority to impair (a) any lawful water right or use; (b) the capability of water users to divert,
convey, or exercise those rights; or (c) the continuation of existing land uses dependent on, or
benefited by, those water rights uses; and
WHEREAS, to prepare and recommend a local watershed plan for approval under
Chapter 90.82 RCW, the Parties have worked with willing participants of, or sought input from,
the former Yakima River Watershed Council, representatives of state and federal agencies, the
Confederated Tribes and Bands of the Yakama Indian Nation, local governments and
representatives for agricultural, fisheries, recreational and environmental interests; and
WHEREAS, local watershed planning process for WRIAs 37, 38, and 39 was conducted
with the approval of the Counties, and with the consent of all other initiating governments per
RCW 90.82.130(2), and Kittitas County opted out of such planning with its adoption of Kittitas
Co. Board of Commissioners Resolution No. 2005-100; and
WHEREAS on November 2, 2005, the counties of Benton, Yakima, and Klickitat
adopted the Plan, as recommended by the Planning Unit previously created pursuant to Chapter
90.82 RCW, by Joint Resolution 1-2005; and
WHEREAS Chapter 8 of the Plan is entitled "Implementation" and specifies a road map
for organizing efforts and implementing actions and strategies that are recommended elsewhere
in the Plan, including a statement that a coordination agency should be designated or created to
coordinate implementation actions and that a water resources advisory committee (WRAC)
should be established from the Planning Unit membership to provide ongoing guidance and
stakeholder input on implementation and Plan amendments, and
WHEREAS, because the Plan, including "Chapter 8 Implementation," was approved by
the Planning Unit and submitted to the Counties for approval prior to amendments to Chapter
90.82 RCW pertaining to plan implementation and the role of the planning unit, the provisions of
Chapter 8 are both guidance for the organizational structure that will implement the Plan and the
framework and criteria within which a Detailed Implementation Plan (DIP) will be prepared and
adopted, unless Chapter 8 is amended per Section 3 herein , and
WHEREAS, because it is critical to the success of the planning process that the Parties
provide for broad public participation and education regarding the development and
implementation of the Plan via a DIP, the Parties are hereby establishing the WRAC
contemplated by the Plan, which consists of representatives of the same array of interests and
stakeholders that were members of the Planning Unit appointed by the Tri -County Water
Resources Agency; and
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WHEREAS, the Confederated Tribes and Bands of the Yakama Indian Nation have not
participated in this process, and the Plan does not address water resource issues on the Yakima
Reservation; and
WHEREAS, Kittitas County has opted out of the Plan and has declined to participate in
the CA; and
WHEREAS, it is the intention of the Parties that this Intergovernmental Agreement will
facilitate the coordination and continuation of planning_ and implementation of the approved Plan
via a DIP; and
WHEREAS, Klickitat County will monitor the degree to which the plan might affect its
interests and the Klickitat County Board of County Commissioners shall determine whether to
appoint representatives from Klickitat County as voting or ex -officio members on the CA or to
leave the seats that are reserved for Klickitat County representatives vacant, and Klickitat County
will not be obligated for the payment of any dues until such time that it requests to become a
voting member, and then such dues shall only be for the current fiscal year;
NOW, THEREFORE, in consideration of the mutual agreements, covenants and
promises contained herein, the Parties agree to the following terms:
1. DEFINITIONS
1.1
"Agency" means the CA referred to in the Plan, and created hereby, which is also
called the Yakima Basin Water Resources Agency whose members are the Parties
hereto.
1.2 "Agency Director" means the person hired by the CA to handle day-to-day
operations. Such person shall be an at -will employee and shall serve at the
pleasure of the Agency.
1.3 "County" or "Counties" means Benton, Klickitat and Yakima Counties, indivi-
dually or collectively, and excludes Kittitas County, which has opted out of the
planning process.
1.4 "Detailed Implementation Plan" means, per RCWs 90.82.043 and 90.82.048, an
implementation plan that includes the following, where applicable (i.e., in -stream
flows were not included within the scope of the Plan):
• Strategies to provide sufficient water for: (a) Production agriculture; (b)
commercial, industrial, and residential use; and (c) in -stream flows.
• Timelines to achieve the strategies and interim milestones to measure progress,
which must address the planned future use of existing water rights for municipal
water supply purposes, as defined in RCW 90.03.015, that are inchoate, including
how these rights will be used to meet the projected future needs identified in the
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watershed plan and how the use of these rights will be addressed when
implementing instream flow strategies identified in the watershed plan.
• Clearly defined coordination and oversight responsibilities.
• Identification of any needed interlocal agreements, rules, or ordinances; state or
local administrative approvals and permits that must be secured; and specific
funding mechanisms. A showing of consultation with other entities planning in
the watershed management area to identify and seek to eliminate any activities or
policies that are duplicative or inconsistent.
1.5 "Parties" means those entities that are parties to this Intergovernmental
Agreement.
1.6 "Local Governments" means counties, cities, towns, irrigation districts and any
other taxing authority.
1.7 "Planning Costs" means (1) the cost of preparing the studies and plans relating to
the preparation of a DIP; (2) the costs of legal, engineering, and other professional
services relating to the formation of the CA and resolution of any disputes related
thereto; and (3) other costs reasonably related to the planning process initiation,
administration, auditing and general project management.
1.8 "Planning and Implementation Process" means the Watershed Plan preparation
and implementation process provided in Chapter 90.82 RCW, the associated
public involvement and education process, and activities provided for herein.
1.9 "Planning Unit" means the collective representatives of water resource interests
who, as an autonomous body authorized under Chapter 90.82 RCW, and
previously appointed by the Tri -County Water Resource Agency, were tasked
with the responsibility to prepare the Plan.
1.10 "State" means the State of Washington and any of its agencies.
1.11 "Yakima Basin Water Resources Agency" means the board of that name
established in Section 8 of this Agreement.
1.12 "SEPA" means the State Environmental Policy Act as codified in Chapter 43.21C
RCW.
1.13 "Water Resources Advisory Committee" or "WRAC" means the Planning Unit.
2. DUTIES OF THE YAKIMA BASIN WATER RESOURCES AGENCY
As described in Chapter 8 of the Plan, the CA shall.
2.1 Provide intergovernmental coordination and communication.'
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2.2 Receive and administer grants and funds; identify and seek additional funding
sources.
2.3 Support specific plan strategies that have multiple basin -wide benefits.
2.4 Monitor plan implementation and the development of a DIP.
2.5 Serve as Information clearinghouse for agencies and individuals with
implementation responsibilities.
2.6 Identify Issues/barriers to be addressed.
2.7 Provide targeted public outreach and coordinate focused outreach as part of
implementing basin -wide strategies.
2.8 Prepare annual progress report in coordination with the WRAC.
2.9 Coordinate watershed plan amendments as recommended by the WRAC.
2.10 Provide administrative support to the WRAC, assist in scheduling meetings,
preparing agendas, taking and preparing meeting minutes and other support duties
for the WRAC.
2.11 Upon SEPA designation, the Yakima Basin Water Resources Agency shall act as
lead agency for SEPA purposes, develop policies and procedures and take such
actions as reasonably necessary to insure compliance with SEPA statutory and
regulatory requirements.
3. AMENDMENTS TO THE PLAN
Plan review for potential amendments shall be conducted annually by the WRAC, with
any findings reported to the CA and the Counties. A comprehensive formal re -opening to
identify necessary amendments to the Plan shall be conducted every five years by the CA with
support from the WRAC.
Additionally, the WRAC shall prepare a DIP pursuant to RCW Sections 90.82.043, .048,
etc. to be forwarded to the CA and the counties for consideration as a Plan Amendment.
All Plan amendments including the adoption of the DIP, shall be approved pursuant to
the same process required under RCW 90.82.130 for approval of the original Watershed
Management Plan: Yakima River Basin, including public hearings and approval by a joint
resolution of the legislative authorities of the participating counties, except that the planning
process termination provision in RCW 90.82.130 (2) (b) does not apply.
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4. ROLES AND RESPONSIBILITY OF THE WRAC
As described in the Plan, the WRAC will provide ongoing guidance, stakeholder input,
planning, implementation, and advisory functions for the Parties. Other than the responsibilities
identified for the WRAC in the Plan, the WRAC shall have no authority not otherwise
specifically granted to it by this agreement.
The WRAC is tasked under Chapter 90.82 RCW with preparing a DIP as per RCWs
90.82.43 and 90.82.48 and incorporating into the DIP selected implementing provisions and
actions of Chapter 8 of the Plan. If, by direction of the CA, the DIP is initially drafted by a
contractor, then the WRAC is tasked with reviewing the draft DIP and finalizing it, with any
revisions the WRAC deems appropriate, for submittal to the CA and the Counties.
Upon joint approval of a DIP by the counties, the WRAC shall convene twice annually
unless asked by the Yakima Basin Water Resources Agency to convene more frequently to
assess the progress of implementation and identify nascent issues related to implementation.
As presented in Chapter 8 of the Plan, the following are additional specific WRAC
responsibilities:
• Submit a DIP to the CA and the Counties per Chapter 90.82 RCW;
• Monitor Plan Implementation;
• Work with the CA to prepare the annual progress report;
• Conduct annual plan review and work with the CA on comprehensive five year
Plan amendments;
• Work with the CA and other implementing agencies to identify, frame, and
develop solutions for priority management issues; and
• Assist the CA in developing outreach, public involvement and funding strategies
for selected actions that have basin -wide benefits.
5. SUPPORT AND FINANCING FOR PLAN IMPLEMENTATION
5.1 The CA is authorized to apply for and accept grants in the name of the Agency
from federal, state, local and private sources, and to distribute grant funds to third
parties for the purposes of facilitating the implementation of actions that are
recommended in Chapter 8 of the Plan. The CA may utilize existing grant funds
and appropriations in the CA's accounts for the purposes specified herein.
5.2 The Parties shall not be obligated to pay any debts of the CA or the WRAC. CA
costs shall be funded solely through grants and/or annual dues. Dues schedule to
be determined by the CA each year The CA may accept voluntary contributions.
5.3 The CA shall approve annual budgets for its operations. The CA's fiscal year
shall be January 1 through December 31.
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5.4 The CA shall not acquire real property. Any personal property acquired for use
by the CA in the name of the CA shall be sold or equitably divided among the
Parties upon termination of this Agreement. If personal property is purchased
utilizing State funds, as provided in Chapter 90.82 RCW, then the description of
said property, and funds derived from the sale of same, shall be described in the
specific grant agreements applicable to said fund sources, as well as in conformity
and compliance with State administrative requirements specifically set forth by
the funding CA's policies.
6. REPORTING REQUIREMENT
The CA director shall report monthly to the Parties regarding activities during the prior
period. Reports may be provided in writing or by oral statement to the Yakima Basin Water
Resources Agency Board at the monthly meeting.
7. BOOKS, ACCOUNTS AND PERSONNEL POLICIES
7.1 The CA shall establish a special fund with the Yakima County Treasurer to be
designated "Implementation Fund of the Yakima Basin Water Resources
Agency". All sums received by the CA shall be placed in said fund and all sums
expended by the CA shall be disbursed from said fund. The Yakima County
Treasurer shall be the custodian of the fund, and the Yakima County Auditor shall
keep record of the receipts and disbursements, and shall draw and the Yakima
County Treasurer shall honor and pay all warrants, which shall be approved
before assurance and payment, as directed by the CA. All interests earned on
sums placed in the CA's fund shall accrue to such fund. Reasonable
administrative costs incurred by Yakima County in the performance of these
duties shall be paid by the CA, provided, the CA is not obligated to pay any such
administrative costs in excess of their fair market value.
7.2 The CA shall keep full and complete books of accounts showing the planning
costs incurred in connection with the planning process. The cost of keeping those
books shall be considered a planning cost of the CA. An audit of the books shall
be performed annually by the Washington State Auditor. The cost of such audit
shall be considered a planning cost. More frequent audits, if requested by any of
the Parties, shall be charged to the Party making the request.
7.3 The CA director and any other supporting staff hired by the CA shall be
independent contractors or employees of the State of Washington and/or Yakima
County and shall be subject to the personnel policies of the applicable CA.
8. YAKIMA BASIN WATER RESOURCE AGENCY BOARD
8.1 There is hereby established a Yakima Basin Water Resources Agency Board to
act as the governing body for the CA. All the powers and functions of the CA
shall be vested in the Board.
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8.2 The Yakima Basin Water Resources Agency Board shall consist of one
representative from each participating Party appointed by its legislative authority.
Each such representative shall be an elected official or the senior
manager/administrator for the Party he or she represents and shall have one vote.
Each Party shall also designate an official to serve as an alternate with full voting
authority when the primary Party representative is not available. A quorum of the
Yakima Basin Water Resources Agency Board shall be four (4) members. The
Board shall take action by a simple majority plus one affirmative vote from dues
paying members in good standing.
8.3 In January of every even numbered year, the Board shall elect a chairman and
vice-chairman, each to serve a two-year term. The chairman, or in his/her
absence the vice-chairman, shall conduct meetings and such other business as
authorized by the Board.
8.4 Parties may withdraw from the CA and the Board by providing thirty days written
notice to the CA director or the chairman, or by announcing a withdrawal,
effective in 30 days, at a public meeting of the Board. This Intergovernmental
Agreement shall remain valid and in full force and effect and the CA shall
continue to serve as the coordinating agency for the watershed planning and
implementation process despite any such withdrawal by one or more Parties.
8.5 If one or more Parties withdraw from the CA thus causing the Board to lack a
quorum for meeting purposes, as defined in paragraph 8.2, the remaining Board
members in attendance shall constitute a quorum for purposes of transacting
business at that meeting, provided, no business may be conducted that was not
listed on the Board's agenda for that particular meeting. The Board shall
reexamine and if necessary revise the quorum requirement stated in paragraph 8.2
if two or more Parties withdraw from the CA.
9. AGENCY AND PUBLIC PARTICIPATION
The CA shall work in cooperation with the Yakama Nation, state and federal agencies,
and local governments. Public participation, through public hearings as well as other
opportunities, shall be provided by the CA as part of its management of the planning process.
10. PROTECTION OF EXISTING RIGHTS
The Plan and its implementation authorized by Chapter 90.82 RCW and this Agreement
shall not contain any provisions or result in actions that are in conflict with existing state statutes,
federal laws, tribal treaty rights or local government ordinances. The Plan and implementation
envisioned by this Agreement is intended to have prospective application only, and to serve as a
guide for future planning decisions concerning Yakima River Basin water resource allocation
and protection by the Parties, state and federal agencies, and local government.
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11. INTERGOVERNMENTAL AGREEMENT
This Agreement constitutes an exercise of the Parties' authority as provided under
Chapter 39.34 RCW, the Interlocal Cooperation Act. A copy of this Agreement and the
resolutions from each of the Parties authorizing the execution hereto shall be filed with the
county auditor of each County, the State Department of Community, Trade and Economic
Development, and the Secretary of State.
12. EFFECTIVE DATE/TERM OF AGREEMENT
12.1 This Agreement shall be effective upon execution by all signatories hereto.
12.2 This Agreement shall automatically terminate at such time as: a) the Board
determines that the CA does not have sufficient funds necessary to meet current
planning costs, unless the Parties each agree to contribute funding necessary to
meet planning costs for the current fiscal year, or b) all of the Parties have
withdrawn in accordance with the procedures set forth herein.
12.3 This Agreement shall continue, through participating Parties, unless earlier
terminated by operation of Section 12.2, or at any time upon written agreement of
the Parties. Individual Parties may withdraw from this agreement without
affecting the continuation of this agreement.
13. GENERAL PROVISIONS
13.1 Multiple Counterparts. This Agreement may be executed in multiple
counterparts, all of which shall constitute one Agreement. The execution of one
counterpart by any party hereto shall not constitute an amendment or require re-
execution by the parties, and shall have the same force and effect as if the party
had signed all counterparts. Upon execution of this Agreement in counterpart, a
duplicate signature page shall be provided to each other party previously a
signatory to the Agreement, without need for further execution or ratification by
any other party.
13.2 Severability. If any term or provision of this Agreement, or the application
thereof to any person or circumstances, shall to any extent be invalid or
unenforceable, the remainder of this Agreement or the application of such term or
provision to persons or circumstances other than those as to which it is held
invalid or unenforceable shall not be affected thereby, and each term and
provision of this Agreement shall be valid and enforced to the fullest extent
permitted by law. Further, the Parties shall negotiate in good faith regarding
amendments to this Agreement that would, to the maximum extent possible,
effectuate the intent of any provision determined to be invalid or unenforceable.
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13.3 Sovereign Immunity. Nothing in this Agreement should be interpreted as a
waiver of sovereign immunity by any party.
13.4 Retained Authority. There is no ceding of any jurisdictional and/or
regulatory authority of any participating government hereto. Actions
taken by any participating government are done on a voluntary basis only.
13.5 No Third -Party Beneficiary Nothing in this Agreement is intended to create any
rights in any entity not a party to this Agreement nor shall any entity be
considered a third party beneficiary to this Agreement.
13.6 No Public Official Liability. No provision of this Agreement nor any authority
granted by this Agreement is intended to create or result in any personal liability
for any public official or agent of a party, nor shall any provision or provisions of
this Agreement be construed to create any such liability.
13.7 Construction. This Agreement has been freely and fairly negotiated by the Parties
hereto and has been reviewed and discussed by legal counsel for each of the
Parties, each of whom has had the full opportunity to modify the draftsmanship
hereof and, therefore, the terms of this Agreement shall be construed and
interpreted without any presumption of other rule requiring constructional
interpretation against the party causing the drafting of the Agreement.
13.8 Assignment. The obligations herein may not be .assigned without the written
consent of the other Parties.
13.9 Complete Agreement. This Agreement contains the complete statement of the
understanding of the Parties with respect to the subject matter of this Agreement.
There are no other representations, agreements, or understandings, oral or written,
by the Parties relating to the subject matter of this Agreement that are not ,fully
expressed in this Agreement. Each Party acknowledges and represents to the
other Parties that it is executing this Agreement solely in reliance upon its own
judgment and knowledge and that it is not executing this Agreement based upon
the representation or covenant of any other Party, or anyone acting on such other
Party's behalf, except as expressly stated herein. Any modifications or
amendments to this Agreement shall be approved in writing by all Parties.
13.10 Amendment. This Agreement may be modified or amended at any time with the
written consent of all signatory parties to the Agreement at the time of the
modification or amendment.
13.11 Indemnification.
13.11.1 In no event shall the Parties, through participation in this
Agreement, be liable to the Agency for any act or failure to act under the
provisions of this Agreement. The Parties shall have no duties except those that
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are expressly set forth herein. The Parties shall in no event be required to save
harmless, defend or indemnify the Agency for any act or failure to act under the
provisions of this Agreement, except as otherwise provided by separate
agreement. The Agency shall indemnify, hold harmless, and defend each and
every Party to this Agreement, including but not limited to each of the Parties'
officers, directors, employees, agents, and representatives, from any and all
claims, including reasonable attorney's fees, which arise out of the Agency's
actions in furtherance of this Agreement. Nothing precludes the Agency from
contracting for such indemnification; provided, a failure to provide
indemnification by such a contractor does not excuse the Agency's obligation
under this Section.
13.11.2 Each Party hereto agrees to be responsible and assume Liability for
its own negligent acts or omissions, or those of its officers, agents, or employees
to the fullest extent required by law, and agrees to save, indemnify, defend and
hold the other Parties harmless from all costs, fees, claims, judgments and/or
award of damages resulting from any such liability. In the case of negligence of
more than one Party, any damages allowed shall be levied in proportion to the
percentage of negligence attributable to each Party, and each Party shall have the
right to seek contribution for costs, fees, claims, judgments and/or damages from
the other Party in proportion to the percentage of negligence attributable to the
other Party.
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INTERGOVERNMENTAL AGREEMENT
FOR THE
Yakima Basin Water Resources Agency
This INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into
in accordance with the authority of Chapter 39.34 RCW, the Inter -local Cooperation Act, by and
among the interested governments of Benton County, Klickitat County, Yakima County, City of
Yakima, .. Roza Irrigation District, Sunnyside Valley Irrigation District, and
Yakima-Tieton Irrigation District, (collectively, the "Parties"), for the purposes of administrating
6 0 and coordinating the implementation and possible future amendments of a local watershed plan
known as the Watershed Management Plan: Yakima River Basin, January 2003, as approved by
Joint Resolution No. 1-2005 by Benton, Klickitat, and Yakima Counties on November 2, 2005,
under authority of Chapter 90.82 RCW for. the Yakima River basin in WRIAs 37, 38 and 39 (the
"Plan"); defining the duties and responsibilities of the coordinating agency created hereby; and
providing direction to staff regarding contracting with consultants and expenditure of grant
funds
RECITALS AND FINDINGS:
WHEREAS, water resource planning has been and continues to be a responsibility of
Washington State, counties, cities, water utilities and tribes; and
WHEREAS, the State of Washington has declared, and the Parties recognize, that proper
utilization of the water resources of this state is necessary for the promotion of public health and
economic well-being of the state and for the preservation of its natural resources and aesthetic
values; and
WHEREAS, the Parties recognize that it is in the best interests of the state and the
Yakima River Basin that comprehensive water planning be given a high priority so that water
resources and associated values can be utilized and enjoyed today and protected for tomorrow;
and;
WHEREAS, comprehensive water resource planning must provide interested parties
adequate opportunity to participate, and water resource issues are best addressed through
cooperation and coordination among the state, local governments, and all interested parties; and
WHEREAS, pursuant to Chapter 43.21C RCW, comprehensive water resource planning
has considered the requirements of the State Environmental Policy Act within the scope of the
planning process and must do so in the implementation of actions under the watershed plan; and
WHEREAS, utilization and management of the waters of this state are guided by certain
general principles, including the principle that uses of water for domestic, stock -watering,
industrial, commercial, agricultural irrigation, hydroelectric power production, mining, fish and
wildlife maintenance and enhancement, recreational, thermal power production, preservation of
YBWRAIntergovernmental AgreementFINAL052406 1 of 14 pages
environmental and aesthetic values, and all other uses compatible with the employment of the
public waters of the state, are beneficial; and
WHEREAS, because water rights are property rights held by individual citizens,
irrigation entities, municipalities, public and private utilities, and governments, the Parties
declare that the coordinating agency (CA) created hereby shall have no power or eminent domain
authority to impair (a) any lawful water right or use; (b) the capability of water users to divert,
convey, or exercise those rights; or (c) the continuation of existing land uses dependent on, or
benefited by, those water rights uses; and
WHEREAS, to prepare and recommend a local watershed plan for approval under
Chapter 90.82 RCW, the Parties have worked with willing participants of, or sought input from,
the former Yakima River Watershed Council, representatives of state and federal agencies, the
Confederated Tribes and Bands of the Yakama Indian Nation, local governments and
representatives for agricultural, fisheries, recreational and environmental interests; and
WHEREAS, local watershed planning process for WRIAs 37, 38, and 39 was conducted
with the approval of the Counties, and with the consent of all other initiating governments per
RCW 90.82.130(2), and Kittitas County opted out of such planning with its adoption of Kittitas
Co. Board of Commissioners Resolution No. 2005-100; and
WHEREAS on November 2, 2005, the counties of Benton, Yakima, and Klickitat
adopted the Plan, as recommended by the Planning Unit previously created pursuant to Chapter
90.82 RCW, by Joint Resolution 1-2005; and
WHEREAS Chapter 8 of the Plan is entitled "Implementation" and specifies a road map
for organizing efforts and implementing actions and strategies that are recommended elsewhere
in the Plan, including a statement that a coordination agency should be designated or created to
coordinate implementation actions and that a water resources advisory committee (WRAC)
should be established from the Planning Unit membership to provide ongoing guidance and
stakeholder input on implementation and Plan amendments, and
WHEREAS, because the Plan, including "Chapter 8 Implementation," was approved by
the Planning Unit and submitted to the Counties for approval prior to amendments to Chapter
90.82 RCW pertaining to plan implementation and the role of the planning unit, the provisions of
Chapter 8 are both guidance for the organizational structure that will implement the Plan and the
framework and criteria within which a Detailed Implementation Plan (DIP) will be prepared and
adopted, unless Chapter 8 is amended per Section 3 herein ; and
WHEREAS, because it is critical to the success of the planning process that the Parties
provide for broad public participation and education regarding the development and
implementation of the Plan via a DIP, the Parties are hereby establishing the WRAC
contemplated by the Plan, which consists of representatives of the same array of interests and
stakeholders that were members of the Planning Unit appointed by the Tri -County Water
Resources Agency; and
YBWRAIntergovernmental AgreementFINAL052406 2 of 14 pages
WHEREAS, the Confederated Tribes and Bands of the Yakama Indian Nation have not
participated in this process, and the Plan does not address water resource issues on the Yakima
Reservation; and
WHEREAS, Kittitas County has opted out of the Plan and has declined to participate in
the CA; and
WHEREAS, it is the intention of the Parties that this Intergovernmental Agreement will
facilitate the coordination and continuation of planning and implementation of the approved Plan
via a DIP; and
WHEREAS, Klickitat County will monitor the degree to which the plan might affect its
interests and the Klickitat County Board of County Commissioners shall determine whether to
appoint representatives from Klickitat County as voting or ex -officio members on the CA or to
leave the seats that are reserved for Klickitat County representatives vacant, and Klickitat County
will not be obligated for the payment of any dues until such time that it requests to become a
voting member, and then such dues shall only be for the current fiscal year;
NOW, THEREFORE, in consideration of the mutual agreements, covenants and
promises contained herein, the Parties agree to the following terms:
1. DEFINITIONS
1.1
"Agency" means the CA referred to in the Plan, and created hereby, which is also
called the Yakima Basin Water Resources Agency whose members are the Parties
hereto.
1.2 "Agency Director" means the person hired by the CA to handle day-to-day
operations. Such person shall be an at -will employee and shall serve at the
pleasure of the Agency.
1.3 "County" or "Counties" means Benton, Klickitat and Yakima Counties, indivi-
dually or collectively, and excludes Kittitas County, which has opted out of the
planning process.
1.4 "Detailed Implementation Plan" means, per RCWs 90.82.043 and 90.82.048, an
implementation plan that includes the following, where applicable (i.e., in -stream
flows were not included within the scope of the Plan):
• Strategies to provide sufficient water for: (a) Production agriculture; (b)
commercial, industrial, and residential use; and (c) in -stream flows.
• Timelines to achieve the strategies and interim milestones to measure progress,
which must address the planned future use of existing water rights for municipal
water supply purposes, as defined in RCW 90.03.015, that are inchoate, including
how these rights will be used to meet the projected future needs identified in the
YBWRAIntergovernmental AgreementFINAL052406 3 of 14 pages
watershed plan and how the use of these rights will be addressed when
implementing instream flow strategies identified in the watershed plan.
• Clearly defined coordination and oversight responsibilities.
• Identification of any needed interlocal agreements, rules, or ordinances; state or
local administrative approvals and permits that must be secured; and specific
funding mechanisms. A showing of consultation with other entities planning in
the watershed management area to identify and seek to eliminate any activities or
policies that are duplicative or inconsistent.
1.5 "Parties" means those entities that are parties to this Intergovernmental
Agreement.
1.6 "Local Governments" means counties, cities, towns, irrigation districts and any
other taxing authority.
1,7 "Planning Costs" means (1) the cost of preparing the studies and plans relating to
the preparation of a DIP; (2) the costs of legal, engineering, and other professional
services relating to the formation of the CA and resolution of any disputes related
thereto; and (3) other costs reasonably related to the planning process initiation,
administration, auditing and general project management.
1.8 "Planning and Implementation Process" means the Watershed Plan preparation
and implementation process provided in Chapter 90.82 RCW, the associated
public involvement and education process, and activities provided for herein.
1.9 "Planning Unit" means the collective representatives of water resource interests
who, as an autonomous body authorized under Chapter 90.82 RCW, and
previously appointed by the Tri -County Water Resource Agency, were tasked
with the responsibility to prepare the Plan.
1.10 "State" means the State of Washington and any of its agencies.
1.11 "Yakima Basin Water Resources Agency" means the board of that name
established in Section 8 of this Agreement.
1.12 "SEPA" means the State Environmental Policy Act as codified in Chapter 43.21C
RCW.
1.13 "Water Resources Advisory Committee" or "WRAC" means the Planning Unit.
2. DUTIES OF THE YAKIMA BASIN WATER RESOURCES AGENCY
As described in Chapter 8 of the Plan, the CA shall:
2.1 Provide intergovernmental coordination and communication.
YBWRAIntergovernmental AgreementFINAL052406 4 of 14 pages
2.2 Receive and administer grants and funds; identify and seek additional funding
sources.
2.3 Support specific plan strategies that have multiple basin -wide benefits.
2.4 Monitor plan implementation and the development of a DIP.
2.5 Serve as Information clearinghouse for agencies and individuals with
implementation responsibilities.
2.6 Identify Issues/barriers to be addressed.
2.7 Provide targeted public outreach and coordinate focused outreach as part of
implementing basin -wide strategies.
2.8 Prepare annual progress report in coordination with the WRAC.
2.9 Coordinate watershed plan amendments as recommended by the WRAC.
2.10 Provide administrative support to the WRAC, assist in scheduling meetings,
preparing agendas, taking and preparing meeting minutes and other support duties
for the WRAC.
2.11 Upon SEPA designation, the Yakima Basin Water Resources Agency shall act as
lead agency for SEPA purposes, develop policies and procedures and take such
actions as reasonably necessary to insure compliance with SEPA statutory and
regulatory requirements.
3. AMENDMENTS TO THE PLAN
Plan review for potential amendments shall be conducted annually by the WRAC, with
any findings reported to the CA and the Counties. A comprehensive formal re -opening to
identify necessary amendments to the Plan shall be conducted every five years by the CA with
support from the WRAC.
Additionally, the WRAC shall prepare a DIP pursuant to RCW Sections 90.82.043, .048,
etc. to be forwarded to the CA and the counties for consideration as a Plan Amendment.
All Plan amendments including the adoption of the DIP, shall be approved pursuant to
the same process required under RCW 90.82.130 for approval of the original Watershed
Management Plan: Yakima River Basin, including public hearings and approval by a joint
resolution of the legislative authorities of the participating counties, except that the planning
process termination provision in RCW 90.82.130 (2) (b) does not apply.
YBWRAIntergovernmental AgreementFINAL052406 5 of 14 pages
4. ROLES AND RESPONSIBILITY OF THE WRAC
As described in the Plan, the WRAC will provide ongoing guidance, stakeholder input,
planning, implementation, and advisory functions for the Parties. Other than the responsibilities
identified for the WRAC in the Plan, the WRAC shall have no authority not otherwise
specifically granted to it by this agreement.
The WRAC is tasked under Chapter 90.82 RCW with preparing a DIP as per RCWs
90.82.43 and 90.82.48 and incorporating into the DIP selected implementing provisions and
actions of Chapter 8 of the Plan. If, by direction of the CA, the DIP is initially drafted by a
contractor, then the WRAC is tasked with reviewing the draft DIP and finalizing it, with any
revisions the WRAC deems appropriate, for submittal to the CA and the Counties.
Upon joint approval of a DIP by the counties, the WRAC shall convene twice annually
unless asked by the Yakima Basin Water Resources Agency to convene more frequently to
assess the progress of implementation and identify nascent issues related to implementation.
As presented in Chapter 8 of the Plan, the following are additional specific WRAC
responsibilities:
• Submit a DIP to the CA and the Counties per Chapter 90.82 RCW;
• Monitor Plan Implementation;
• Work with the CA to prepare the annual progress report;
• Conduct annual plan review and work with the CA on comprehensive five year
Plan amendments;
• Work with the CA and other implementing agencies to identify, frame, and
develop solutions for priority management issues; and
• Assist the CA in developing outreach, public involvement and funding strategies
for selected actions that have basin -wide benefits.
5. SUPPORT AND FINANCING FOR PLAN IMPLEMENTATION
5.1 The CA is authorized to apply for and accept grants in the name of the Agency
from federal, state, local and private sources, and to distribute grant funds to third
parties for the purposes of facilitating the implementation of actions that are
recommended in Chapter 8 of the Plan. The CA may utilize existing grant funds
and appropriations in the CA's accounts for the purposes specified herein.
5.2 The Parties shall not be obligated to pay any debts of the CA or the WRAC. CA
costs shall be funded solely through grants and/or annual dues. Dues schedule to
be determined by the CA each year. The CA may accept voluntary contributions.
5.3 The CA shall approve annual budgets for its operations. The CA's fiscal year
shall be January 1 through December 31.
YBWRAIntergovernmental AgreementFINAL052406 6 of 14 pages
5.4 The CA shall not acquire real property. Any personal property acquired for use
by the CA in the name of the CA shall be sold or equitably divided among the
Parties upon termination of this Agreement. If personal property is purchased
utilizing State funds, as provided in Chapter 90.82 RCW, then the description of
said property, and funds derived from the sale of same, shall be described in the
specific grant agreements applicable to said fund sources, as well as in confoupity
and compliance with State administrative requirements specifically set forth by
the funding CA's policies.
6. REPORTING REQUIREMENT
The CA director shall report monthly to the Parties regarding activities during the prior
period. Reports may be provided in writing or by oral statement to the Yakima Basin Water
Resources Agency Board at the monthly meeting.
7. BOOKS, ACCOUNTS AND PERSONNEL POLICIES
7.1 The CA shall establish a special fund with the Yakima County Treasurer to be
designated "Implementation Fund of the Yakima Basin Water Resources
Agency". All sums received by the CA shall be placed in said fund and all sums
expended by the CA shall be disbursed from said fund. The Yakima County
Treasurer shall be the custodian of the fund, and the Yakima County Auditor shall
keep record of the receipts and disbursements, and shall draw and the Yakima
County Treasurer shall honor and pay all warrants, which shall be approved
before assurance and payment, as directed by the CA. All interests earned on
sums placed in the CA's fund shall accrue to such fund. Reasonable
administrative costs incurred by Yakima County in the performance of these
duties shall be paid by the CA, provided, the CA is not obligated to pay any such
administrative costs in excess of their fair market value.
7.2 The CA shall keep full and complete books of accounts showing the planning
costs incurred in connection with the planning process. The cost of keeping those
books shall be considered a planning cost of the CA. An audit of the books shall
be performed annually by the Washington State Auditor. The cost of such audit
shall be considered a planning cost. More frequent audits, if requested by any of
the Parties, shall be charged to the Party making the request.
7.3 The CA director and any other supporting staff hired by the CA shall be
independent contractors or employees of the State of Washington and/or Yakima
County and shall be subject to the personnel policies of the applicable CA.
8. YAKIMA BASIN WATER RESOURCE AGENCY BOARD
8.1 There is hereby established a Yakima Basin Water Resources Agency Board to
act as the governing body for the CA. All the powers and functions of the CA
shall be vested in the Board.
YBWRAIntergovernmental AgreementFINAL052406 7 of 14 pages
8.2 The Yakima Basin Water Resources Agency Board shall consist of one
representative from each participating Party appointed by its legislative authority.
Each such representative shall be an elected official or the senior
manager/administrator for the Party he or she represents and shall have one vote.
Each Party shall also designate an official to serve as an alternate with full voting
authority when the primary Party representative is not available. A quorum of the
Yakima Basin Water Resources Agency Board shall be four (4) members. The
Board shall take action by a simple majority plus one affirmative votes from dues
paying members in good standing.
8.3 In January of every even numbered year, the Board shall elect a chairman and
vice-chairman, each to serve a two-year term. The chairman, or in his/her
absence the vice-chairman, shall conduct meetings and such other business as
authorized by the Board.
8.4 Parties may withdraw from the CA and the Board by providing thirty days written
notice to the CA director or the chairman, or by announcing a withdrawal,
effective in 30 days, at a public meeting of the Board. This Intergovermnental
Agreement shall remain valid and in full force and effect and the CA shall
continue to serve as the coordinating agency for the watershed planning and
implementation process despite any such withdrawal by one or more Parties.
8.5 If one or more Parties withdraw from the CA thus causing the Board to lack a
quorum for meeting purposes, as defined in paragraph 8.2, the remaining Board
members in attendance shall constitute a quorum for purposes of transacting
business at that meeting, provided, no business may be conducted that was not
listed on the Board's agenda for that particular meeting. The Board shall
reexamine and if necessary revise the quorum requirement stated in paragraph 8.2
if two or more Parties withdraw from the CA.
9. AGENCY AND PUBLIC PARTICIPATION
The CA shall work in cooperation with the Yakama Nation, state and federal agencies,
and local governments. Public participation, through public hearings as well as other
opportunities, shall be provided by the CA as part of its management of the planning process.
10. PROTECTION OF EXISTING RIGHTS
The Plan and its implementation authorized by Chapter 90.82 RCW and this Agreement
shall not contain any provisions or result in actions that are in conflict with existing state statutes,
federal laws, tribal treaty rights or local government ordinances. The Plan and implementation
envisioned by this Agreement is intended to have prospective application only, and to serve as a
guide for future planning decisions concerning Yakima River Basin water resource allocation
and protection by the Parties, state and federal agencies, and local government.
YBWRAIntergovernmental AgreementFINAL052406 8 of 14 pages
11. INTERGOVERNMENTAL AGREEMENT
This Agreement constitutes an exercise of the Parties' authority as provided under
Chapter 39.34 RCW, the Interlocal Cooperation Act. A copy of this Agreement and the
resolutions from each of the Parties authorizing the execution hereto shall be filed with the
county auditor of each County, the State Department of Community, Trade and Economic
Development, and the Secretary of State.
12. EFFECTIVE DATE/TERM OF AGREEMENT
ley
12.1 This Agreement shall be effective upon execution by all signatot'ics hereto.
12.2 This Agreement shall automatically terminate at such time as: a) the Board
determines that the CA does not have sufficient funds necessary to meet current
planning costs, unless the Parties each agree to contribute funding necessary to
meet planning costs for the current fiscal year, or b) all of the Parties have
withdrawn in accordance with the procedures set forth herein.
12.3 This Agreement shall continue, through participating Parties, unless earlier
terminated by operation of Section 12.2, or at any time upon written agreement of
the Parties. Individual Parties may withdraw from this agreement without
affecting the continuation of this agreement.
13. GENERAL PROVISIONS
13.1 Multiple Counterparts. This Agreement may be executed in multiple
counterparts, all of which shall constitute one Agreement. The execution of one
counterpart by any party hereto shall not constitute an amendment or require re-
execution by the parties, and shall have the same force and effect as if the party
had signed all counterparts. Upon execution of this Agreement in counterpart, a
duplicate signature page shall be provided to each other party previously a
signatory to the Agreement, without need for further execution or ratification by
any other party.
13.2 Severability. If any term or provision of this Agreement, or the application
thereof to any person or circumstances, shall to any extent be invalid or
unenforceable, the remainder of this Agreement or the application of such term or
provision to persons or circumstances other than those as to which it is held
invalid or unenforceable shall not be affected thereby, and each term and
provision of this Agreement shall be valid and enforced to the fullest extent
permitted by law. Further, the Parties shall negotiate in good faith regarding
amendments to this Agreement that would, to the maximum extent possible,
effectuate the intent of any provision determined to be invalid or unenforceable.
YBWRAIntergovernmental AgreementFINAL052406 9 of 14 pages
13.3 Sovereign Immunity. Nothing in this Agreement should be interpreted as a
waiver of sovereign immunity by any party.
13.4 Retained Authority. There is no ceding of any jurisdictional and/or
regulatory authority of any participating government hereto. Actions
taken by any participating government are done on a voluntary basis only.
13.5 No Third -Party Beneficiary. Nothing in this Agreement is intended to create any
rights in any entity not a party to this Agreement nor shall any entity be
considered a third party beneficiary to this Agreement.
13.6 No Public Official Liability. No provision of this Agreement nor any authority
granted by this Agreement is intended to create or result in any personal liability
for any public official or agent of a party, nor shall any provision or provisions of
this Agreement be construed to create any such liability.
13.7 Construction. This Agreement has been freely and fairly negotiated by the Parties
hereto and has been reviewed and discussed by legal counsel for each of the
Parties, each of whom has had the full opportunity to modify the draftsmanship
hereof and, therefore, the terms of this Agreement shall be construed and
interpreted without any presumption of other rule requiring constructional
interpretation against the party causing the drafting of the Agreement.
13.8 Assignment. The obligations herein may not be assigned without the written
consent of the other Parties.
13.9 Complete Agreement. This Agreement contains the complete statement of the
understanding of the Parties with respect to the subject matter of this Agreement.
There are no other representations, agreements, or understandings, oral or written,
by the Parties relating to the subject matter of this Agreement that are not fully
expressed in this Agreement. Each Party acknowledges and represents to the
other Parties that it is executing this Agreement solely in reliance upon its own
judgment and knowledge and that it is not executing this Agreement based upon
the representation or covenant of any other Party, or anyone acting on such other
Party's behalf, except as expressly stated herein. Any modifications or
amendments to this Agreement shall be approved in writing by all Parties.
13.10 Amendment. This Agreement may be modified or amended at any time with the
written consent of all signatory parties to the Agreement at the time of the
modification or amendment.
13.11 Indemnification.
13.11.1 In no event shall the Parties, through participation in this
Agreement, be liable to the Agency for any act or failure to act under the
provisions of this Agreement. The Parties shall have no duties except those that
YBWRAIntergovernmental AgreementFINAL052406 10 of 14 pages
are expressly set forth herein. The Parties shall in no event be required to save
harmless, defend or indemnify the Agency for any act or failure to act under the
provisions of this Agreement, except as otherwise provided by separate
agreement. The Agency shall indemnify, hold harmless, and defend each and
every Party to this Agreement, including but not limited to each of the Parties'
officers, directors, employees, agents, and representatives, from any and all
claims, including reasonable attorney's fees, which arise out of the Agency's
actions in furtherance of this Agreement. Nothing precludes the Agency from
contracting for such indemnification; provided, a failure to provide
indemnification by such a contractor does not excuse the Agency's obligation
under this Section.
13.11.2 Each Party hereto agrees to be responsible and assume liability for
its own negligent acts or omissions, or those of its officers, agents, or employees
to the fullest extent required by law, and agrees to save, indemnify, defend and
hold the other Parties harmless from all costs, fees, claims, judgments and/or
award of damages resulting from any such liability. In the case of negligence of
more than one Party, any damages allowed shall be levied in proportion to the
percentage of negligence attributable to each Party, and each Party shall have the
right to seek contribution for costs, fees, claims, judgments and/or damages from
the other Party in proportion to the percentage of negligence attributable to the
other Party.
YBWRAIntergovernmental AgreementFINAL052406 11 of 14 pages
Approved as to form: BENTON COUNTY BOARD OF COMMISSIONERS
ATTEST:
MAX E. BEM FZ, .o - OPPOSED
Max Benitz, Jr., Chairman Date
r4p n71 .39_w_olgat,L)
-7,70 --0
Leo Bowman, Commissioner Date
Clerk of the Board
7 // -Q
Claude Oliver, Commissioner Date
Approved as to form: KLICKITAT COUNTY BOARD OF COMMISSIONERS
ATTEST:
Clerk of the Board
Ray Thayer, Chairman Date
Joan Frey, Commissioner Date
Donald G. Struck, Commissioner Date
YBWRAIntergovernmental AgreementFINAL052406 12 of 14 pages
Approved as to form: BENTON COUNTY BOARD OF COMMISSIONERS
Ryan Brown, Prosecuting Attorney Max Benitz, Chairman Date
ATTEST:
Clerk of the Board
Leo Bowman, Commissioner Date
Claude Oliver, Commissioner Date
Approved as to form: KLICKITAT COUNTY BOARD OF COMMISSIONERS
ATTEST:
Clerk of the Board
Ray Thayer, ChairmanDate
Y
Joan Frey, Commissioner -
A
-Ln -fire,
Date
Donald G. Struck, Commissioner Date
Approved as to form: YAKIMA COUNTY BOARD OF COMMISSIONERS
Jesse Palacios, Chairman Date
12 of 14 pages
AP
Approved as to form: BENTON COUNTY BOARD OF COMMISSIONERS
Ryan Brown, Prosecuting Attorney Max Benitz, Chairman Date
ATTEST:
Clerk of the Board
Leo Bowman, Commissioner Date
Claude Oliver, Commissioner Date
Approved as to form: KLICKITAT COUNTY BOARD OF COMMISSIONERS
ATTEST:
Clerk of the Board
D • puty P -os
D
4
e i tin
AS Tit FO'
Attorney
Of Yakim 'ounty, Washington
Ray Thayer, Chairman Date
Joan Frey, Commissioner Date
Donald G. Struck, Commissioner Date
YAKIMA COUNTY BOARD OF COMMISSIONERS
esse Palacios, Chairman Date
12 of 14 pages
ATTEST:
Mike Leita, Commissioner
to to 66
Date
klb ID (0
'lerk of t e Board owa+ummfoo Ron Gamache, Commissioner Date
.oma o a�Aa jti, a..
e
d ,' -' rt'`sW : G .
ATTEST: �1 40 4b`°�.,a TY OF YAKIMA
City Clerk R. A. Zais, Jr.
Contract No. City Manager
Resolution R -2006 -
ATTEST: CITY OF ELLENSBURG
Date
City Clerk Mayor Date
Contract No.
ROZA IRRIGA'T'ION DISTRICT
Managementon taut Date
13 of 14 pages
ATTEST:
Clerk of the Board
Mike Leita, Commissioner Date
Ron Gamache, Commissioner Date
ATTEST: CITY OF YAKIMA
City Clerk
Contract No. A006;5 -.Z
Resolution R-2006- 810
ATTEST:
City Clerk
Contract No.
R. A. Zais, Jr.
City Manager
ROZA IRRIGATION DISTRICT
CITY OF ELLENSBURG
Date
Mayor
Date
Management Consultant Date
13 of 14 pages
SUNNYSIL)E VALLEY IRRIGATION DISTRICT
YAKIM.A-TIETON IRRIGATION DISTRICT
Manager
65/2 616 6
Date
Date
14 of 14 pages
Approved as to form: YAKIMA COUNTY BOARD OF COMMISSIONERS
ATTEST:
Clerk of the Board
Jesse Palacios, Chairman Date
Mike Leita, Commissioner Date
Ron Gainache, Commissioner Date
ATTEST: CITY OF YAKIMA
City Clerk R. A. Zais, Jr.
Contract No. City Manager
Resolution R -2006 -
City Clerk
Contract No.
Date
•
Mayor Date
YBWRAIntergovernmental AgreementFINAL052406 13 of 14 pages
e, (*Li 010
ADDENDUM TO THE
INTERGOVERNMENTAL AGREEMENT
FOR THE
YAKIMA BASIN WATER RESOURCES AGENCY
WHEREAS, the Intergovernmental Agreement for the Yakima Basin Water Resources
Agency (hereinafter "Agreement") was approved in multiple parts with each party to sign its
own copy of the Agreement, and that Benton County, a signatory, thereafter required changes to
the Agreement, and:
WHEREAS, paragraph 13.9 of the Agreement provides that "[a]ny modifications or
amendments to this Agreement shall be approved in writing by all Parties," and:
WHEREAS, the signatories to the Agreement wish to make the final agreement signed
by all the parties conform in form and substance.
IT IS HEREBY AGREED that the following changes will be made to the Agreement:
1. The phrase "City of Ellensburg" will be deleted from page 1 of 14, Para. 1 at the fourth
line;
2. That page 9 of 14, Section 12.1, line 1 the term "signatories" be changed to "parties;"
3. That on Page 13 of 14, on the signature page, delete the phrase "Attest: CITY OF
ELLENSBURG."
Approved as to form: BENTON COUNTY BOARD OF COMMISSIONERS
Ryan Brown, Prosecuting Attorney Max Benitz, Chairman Date
ATTEST:
Clerk of the Board
Approved as to form:
KLICKITAT COUNTY BOARD OF COMMISSIONERS
y Thayer; Chairman Date
1 of 3 pages
Approved as to form:
Clerk of the Board
ATTEST:
YAKIMA COUNTY BOARD OF COMMISSIONERS
Jesse Palacios, Chairman
4t1R\Si�At{. {P{jlr
.
4A,.tk
0,1 MA co"
•
6%%
p
P •
Y •Y
F .
Date
City Clerk R. A. Zais, Jr.
Contract No. City Manager
Resolution R-2006-
ROZA IRRIGATION DISTRICT
Date
Managem;_.t C�sultant Date
SUNNYSIDE VALLEY IRRIGATION DISTRICT
4/weL cg'fl D6
Date
2 of 3 pages
Approved as to form: YAKIMA COUNTY BOARD OF COMMISSIONERS
ATTEST:
Clerk of the Board
Jesse Palacios, Chairman Date
ATTEST: CITY OF YAK1MA
City Clerk > ACS =s., ,= R. A. Zais, Jr. Date
Contract No. 2006 -52- City Manager
Resolution R-2006- -4
ROZA IRRIGATION DISTRICT
Management Consultant Date
SUNNYSIDE VALLEY IRRIGATION DISTRICT
Manager Date
2 of 3 pages
YAKIMA-TIETON IRRIGATION DISTRICT
Manager Date
3 of 3 pages
ITEM TITLE.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. l i i
For Meeting of June 6, 2006
Resolution authorizing the execution of an Intergovernmental Agreement
associating the City of Yakima with numerous other governmental agencies in
the Yakima River Basin through the YAKIMA BASIN WATER RESOURCES
AGENCY for the purpose of concerted coordinated water resource planning
in the Yakima River Basin.
SUBMITTED BY: David Brown, Water/Irrigation Manager
Dave Zabel!, Assistant City Manager
CONTACT PERSON/TELEPHONE: David Brown, 575-6204
SUMMARY EXPLANATION:
Benton County, Kittitas County, Yakima County, City of Ellensburg, City of Yakima, Roza Irrigation
District, Sunnyside Valley Irrigation District, and Yakima-Tieton Irrigation District desire to enter into
an Intergovernmental Agreement for the Yakima Basin Water Resource Agency to provide for
watershed planning for the Yakima River Basin. This new agreement replaces the Tri -County Water
Resources Agency, the group that oversaw and completed the "Watershed Management Plan,
Yakima River Basin". The main purpose of the Yakima Basin Water Resources Agency will be to
develop and then to implement a Detailed Implementation Plan for the "Watershed Management
Plan, Yakima River Basin".
Water resource planning has been and continues to be a responsibility of Washington State,
counties, cities, water utilities and tribes. The State of Washington has declared, and the local
Govemments recognize, that proper utilization of the water resources of this state is necessary for
the promotion of public health and economic well-being of the state and preservation of its natural
resources and aesthetic values and also recognize that it is in the best interests of the state and the
Yakima River basin that comprehensive water planning be given a high priority so that water
resources and associated values can be utilized and enjoyed today and protected for tomorrow.
Resolution X Ordinance Contract Other (Specify) Intergovernmental Agreement
Mail To: Jim Milton; TCWRA; 2301 Fruitvale Blvd. Yakima, WA 98902
Funding Source: 474 Water Operating Fund and 475 Irrigation Operating Fund
APPROVED FOR SUBMITTAL:��� �, City Manager
STAFF RECOMMENDATION:
Adopt the resolution authorizing execution of the attached agreement.
COUNCIL ACTION:
Resolution adopted. RESOLUTION NO. R-2006-86