2021/02/24 Council Agenda Packet

Interlocal Cooperation Act Ch. 39.34 RCW, and have authority to enter into this Agreement to provide for the purposes set forth herein and in furtherance of the public health, safety and welfare; NOW, THEREFORE, in consideration of the mutual benefits as described herein and for other good and valuable consideration, the Alliance Members do agree as follows: 1. Purpose and Intent. The Alliance Members have a mutual interest in addressing present and future Puget Sound water quality issues through a collaborative approach that will identify, coordinate and fund mutually beneficial projects, activities and scientific investigation that assess the health of the Puget Sound ecosystem and the impacts of various factors on water quality. The purpose of this agreement is to, (i) establish a joint oversight board ("Alliance Board" or "Board") for the purpose of identifying and approving mutually beneficial Tasks and related agreements and carrying out the objectives of this Agreement, (ii) designate the City of Tacoma as treasurer of funds deposited with the Board by the Alliance Members and others, (iii) authorize the City of Tacoma to coordinate, advertise and host meetings of the Board as necessary to carry out business of the Board, (iv) authorize the City of Tacoma, by and through the City of Tacoma Environmental Services Department, to procure, manage and administer contracts approved by the Board to carry out approved Tasks, and (v) provide for eventual dissolution of the Board and this Agreement and the distribution of any remaining Board funds on deposit with the City of Tacoma. 2. Effective Date; Term; Extension. 2.1 Effective Date. This Agreement shall become deemed effective (Effective Date) as of the day of , 2021 upon approval and execution by the Originating Members and upon such occurrence shall be binding on all signatories hereto; provided that, an Originating Member shall not have a vote until deposit of the initial membership fee which shall be due and payable as provided herein. 2.2 Nunc Pro Tunc. In the event that this Agreement is approved or executed by an Originating Member on or after the Effective Date, the Alliance Members acknowledge and agree that this Agreement shall be applied to the Originating Member and interpreted as if the Agreement had been approved and executed on or before the Effective Date. 2.3 Term. The term of this Agreement shall commence on the Effective Date and shall terminate on December 31, 2025, unless terminated sooner, or extended for an additional term, by mutual agreement of the Originating Agencies. Upon termination, any unexpended funds will be returned to the contributing Alliance Members in proportion to their cumulative contributions. For purposes of this Agreement "unexpended funds" shall mean and refer to any funds remaining in the Fund that exceed all outstanding liabilities of the Board at the time of termination. Contracts approved pursuant to this Agreement shall include provisions ensuring that the term does not extend beyond the term of this Agreement, or any extension thereof. 2.4 Extension. This Agreement can be extended for an additional five-year term (Extension Term) by mutual agreement of a majority of the Joint Board of the Originating Members. Puget Sound Clean Water Alliance Funding Agreement, February 2021 Page 2 of 13