HomeMy WebLinkAbout020-25 - Resolution - Cost Reimbursement Agreement, DOEDocusign Envelope ID: 7BFB3028-9AF9-439D-AD3A-6BD702F49EAD
RESOLUTION NO. 020-25
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE A COST REIMBURSEMENT AGREEMENT WITH THE WASHINGTON
STATE DEPARTMENT OF ECOLOGY TO SUPPORT THE REVIEW OF THE CITY'S WATER
RIGHTS APPLICATIONS UNDER THE FOSTER MITIGATION PILOT PROJECT.
WHEREAS, the City of Port Orchard is pursuing new and amended groundwater rights to meet
future municipal water supply needs and to support streamflow augmentation in local waterways; and
WHEREAS, these applications are being submitted under the Washington State Department of
Ecology's Foster Mitigation Pilot Project, which was created in response to the 2015 Foster v. Ecology
decision, limiting the agency's approval of water rights that would reduce instream flows, even minimally;
and
WHEREAS, the Pilot Project enables Ecology to explore innovative mitigation strategies —such as
streamflow restoration and out -of -kind ecological compensation —to support both water use and
environmental protection; and
WHEREAS, following a compliant procurement process, the City has contracted with Terraphase
Engineering (Contract No. C053-19) to prepare the technical documentation necessary to support the
City's water right applications, including hydrogeologic studies and a draft mitigation plan; and
WHEREAS, the Washington State Department of Ecology requires the execution of a Cost
Reimbursement Agreement (CRA) before initiating its technical and legal review of the City's applications;
and
WHEREAS, the CRA formalizes the City's responsibility to reimburse Ecology for eligible costs
related to application processing, including staff time, consultant oversight, and administrative support,
with an estimated total cost of $28,485.00; now, therefore:
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS
FOLLOWS:
THAT: The Mayor is hereby authorized to execute the Cost Reimbursement Agreement with the
Washington State Department of Ecology, in a form approved by the City Attorney, and to take
any further actions necessary to carry out the terms of the agreement and ensure timely review
and submittal of the City's water rights applications.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the
City Clerk in authentication of such passage this 22nd day of April 2025.
Signed by:
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�i����`t'�4ansuu, Mayor
ATTEST:
Signed by:
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'"ffffW614ace, MMC, City Clerk