Executive/Council Action Form (ECAF)
ITEM TITLE:
Title
Motion 26-440, approving an Interlocal Agreement between Washington State Department of Fish and Wildlife and Snohomish County for estuary restoration on Spencer Island, and Project Partnership Agreement between the Army Corps of Engineers and Washington State Department of Fish and Wildlife and Snohomish County for Puget Sound and adjacent waters restoration, Spencer Island, Washington
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DEPARTMENT: CONSERVATION AND NATURAL RESOURCES
ORIGINATOR: PEJ MORGAN
EXECUTIVE RECOMMENDATION: Approved by Thomas Teigen 10/26/26
PURPOSE: The purpose of this action is to authorize the County’s participation in the Spencer Island Estuary Restoration project in partnership with Washington State Department of Fish and Wildlife and United States Army Corps of Engineers.
BACKGROUND: WHEREAS, the Washington Department of Fish and Wildlife (“WDFW”) owns the northern half of Spencer Island, a portion of the proposed project area, further described as Assessor Parcel IDs 29051600400300; 29051500200100; 29051500300100 and Snohomish County (“County”) owns the southern half of Spencer Island, also a portion of the proposed project area, further described as Assessor Parcel ID 29051500300300; and WHEREAS, the County and WDFW have cooperatively planned and managed this site to protect wetlands and to provide public access and recreation since 1989; and WHEREAS, WDFW was awarded by the United States Corps of Engineers (USACE), a grant for the purpose of restoring the ecosystem on Spencer Island; and Snohomish County is considering participating in and entering into the USACE Project Partnership Agreement as a third-party nonfederal sponsor for the WDFW grant funded Spencer Island Ecosystem Restoration Project, in partnership with the USACE and WDFW; and WHEREAS, WDFW and County, acting through its Department of Conservation and Natural Resources, would like to enter into a Project Partnership Agreement (“PPA”) with the USACE in 2026 to complete the Spencer Island Estuary Restoration project; and WHEREAS, WDFW is the project sponsor through the Puget Sound Nearshore Ecosystem Restoration Project (PSNERP), partnering with USACE to complete project design and construction. However, because the project footprint falls partially within County property, the County needs to also be a signatory to the PPA as a non-federal sponsor. While the PPA is an inflexible document managed by USACE, this agreement shall stand to separate liabilities between the project partners of the restoration project, as it pertains to Article XV of the PPA; and WHEREAS construction of the Spencer Island Estuary Restoration (hereinafter the “Project”, as defined in the PPA, Article I, provision A) was authorized by Section 1401(4)(3) of the Water Resources Development Act of 2016 (Public Law 114-322); and WHEREAS, the Department of the Army, represented by USACE, will enter into a PPA with the project partners, represented by WDFW and the County as the nonfederal sponsors, for the completion of the Spencer Island Estuary Restoration element of the Puget Sound Nearshore Ecosystem Restoration Project; and WHEREAS, the County and WDFW seek to develop, enhance, maintain and manage habitat, wetlands and recreational opportunities in the best interest of fish, wildlife, and the citizens of Washington State; and WHEREAS, each of the project partners owns real property necessary for the completion of the Project; and WHEREAS, it is in the best interests of the State of Washington and Snohomish County to enter into an Interlocal Agreement (“ILA”) to more clearly define roles and responsibilities for implementation of the project partners’ responsibilities in the PPA. WHEREAS, Snohomish County Council by Motion 26-265 dated July 22, 2026 authorized the execution of the Corps preliminary forms labeled as (i) The Non-Federal Sponsor’s Self Certification of Financial Capability Form and (ii) the Non-Federal Sponsor’s Self-Certification of Financial Capability for Decision Documents which satisfied the preliminary WDFW requirement under the Grant Agreement
FISCAL IMPLICATIONS:
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EXPEND: FUND, AGY, ORG, ACTY, OBJ, AU |
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2ND YR |
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REVENUE: FUND, AGY, ORG, REV, SOURCE |
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DEPARTMENT FISCAL IMPACT NOTES: County as a project partner is solely responsible for contributing the County real property necessary for the completion of the project.
CONTRACT INFORMATION:
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ORIGINAL |
X |
CONTRACT# |
ILA_WDFW_SPENCER |
AMOUNT |
N/A |
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AMENDMENT |
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Contract Period
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AMENDMENT |
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