Template revised January 10, 2019.
COMMISSION
AGENDA MEMORANDUM
Item No.
6b
ACTION ITEM
Date of Meeting
July 28, 2020
DATE: July 2, 2020
TO: Stephen P. Metruck, Executive Director
FROM: Sandra Kilroy, Director Maritime Environment & Sustainability
Jon Sloan, Sr. Manager, Maritime Environment & Sustainability
Laura Wolfe, Environmental Program Manager, Maritime Env. & Sustainability
SUBJECT: Interlocal Agreement with Washington Public Ports Association to hire permitting
liaison for Endangered Species Act reviews
Amount of this request:
$0
Total estimated project cost:
$300,000
ACTION REQUESTED
Request Commission authorization for the Executive Director to execute a five-year Interlocal
Agreement (ILA) with the Washington Public Ports Association, Port of Anacortes, Port of
Bellingham, Port of Everett, Port of Kalama, Port of Longview, Port of Olympia, Port of Port
Angeles, Port of Tacoma, and Port of Vancouver USA (each a “Port” and collectively, “the Ports”)
in a form substantially similar to what is attached, with only minor changes approved by counsel
for the Port of Seattle. The ILA will require a five-year commitment of up to a total of $300,000,
funded annually through the Port’s capital program. No funding is being requested at this time.
EXECUTIVE SUMMARY
The ILA will cooperatively establish and fund a liaison position with the National Marine Fisheries
Service (NMFS) and U.S. Fish and Wildlife Service (USFWS). The liaison will prioritize work on
permit applications submitted by ten (10) port districts, including the Port of Seattle, promoting
focused document review and project coordination. This will enhance the Ports’ ability to comply
with the Endangered Species Act (ESA) and other authorities or environmental regulations
regarding listed species in a timely manner. The ESA liaison will be an employee of the
Washington Public Ports Association (WPPA) but will be co-located with NMFS and USFWS staff
at their office in Lacey, Washington. Each port will contribute funding to support the position.
The Port of Seattle’s portion of the required funding over five years is expected to be
approximately $300,000, which will be funded annually through the Maritime Environment and
Sustainability expense budget.
COMMISSION AGENDA – Action Item No. _6b___ Page 2 of 5
Meeting Date: July 28, 2020
Template revised June 27, 2019 (Diversity in Contracting).
JUSTIFICATION
The liaison position has existed in the past and the Port of Seattle has historically contributed an
annual budget amount to receive permitting services. This position has demonstrated clear
benefits to expediting port projects through the federal ESA review process. Due to significant
staffing and resource constraints at NMFS and USFWS, timelines for ESA reviews can exceed two
years in some cases, creating costly delays to important port projects. Because the liaison is
dedicated to reviewing port projects and has specific understanding of port infrastructure and
operations, the time required for ESA reviews can often be shortened by 90%. In the past, the
position was housed at the Port of Tacoma and supported several Western Washington ports.
For administrative reasons (and after almost 15 years) the Port of Tacoma declined to continue
this service. After lengthy discussions, WPPA has agreed to act as the employer for this critical
position which will be funded through a cost-share between ten Puget Sound and Columbia River
ports. Based on past usage, staff expects that the Port will have approximately five projects a
year that require consultation with the services.
Diversity in Contracting
The WPPA will hire the liaison position and will promote diversity in hiring. The interview panel
will include WPPA’s Sr. Director of Environmental Affairs, Gerry O’Keefe, as well as staff from
NMFS, USFWS, and several ports. The panel will prioritize an inclusive hiring process.
DETAILS
The Ports participating in the ILA (Attachment A) each engage in industrial development projects
requiring consultations with NMFS and USFWS (collectively “Services”). The Services have agreed
to host within their offices a liaison in the position of a staff biologist that will assist the Ports to
comply with the Endangered Species Act and other authorities or environmental regulations
regarding listed species. The staff biologist will prioritize work on permit applications submitted
by the Ports, which will result in focused document review and project coordination on applicable
port projects.
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 work
performed by a liaison. The proposed ILA will establish the liaison position and provide a
mechanism for the Ports to enter into a collaborative and cooperative arrangement to provide
for and fund the position.
On behalf of the Ports, the WPPA has agreed to: (1) employ and pay the compensation of the
liaison as the 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 related to the liaison. The Ports will pay to the WPPA the full amount of the annual
costs.
COMMISSION AGENDA – Action Item No. _6b___ Page 3 of 5
Meeting Date: July 28, 2020
Template revised June 27, 2019 (Diversity in Contracting).
Schedule
Each Port collaborated to develop the ILA with WPPA with mutually acceptable language and will
request approval from their elected commissions by July 28, 2020. If approved by each Port, the
ILA will become effective immediately and the liaison position will be advertised, with a goal to
conduct interviews and make a hiring decision before the end of September 2020.
Cost Breakdown
The Port of Seattle’s share of the liaison cost is fixed at approximately 22% of the total cost, which
is anticipated to be up to $60,000 annually and not-to-exceed $300,000 over five years. A
percentage of the total cost will be allocated to each Port business unit based on their anticipated
capital program spending for that year. No funding authorization is being requested from the
Commission at this time.
ALTERNATIVES AND IMPLICATIONS CONSIDERED
Alternative 1 – Do not enter into the ILA. Rely on existing NMFS and USFWS staff to complete
ESA reviews for Port of Seattle projects.
Cost Implications: Avoid spending up to $300,000 over five years.
Pros:
(1) Avoid capital spending of up to $300,000 over next five years
(2) Lower administrative burden
Cons:
(1) Creates significant schedule uncertainty for up to five (estimated) Port projects over
next five years
(2) Schedule delays create risks and often result in significant cost overruns
This is not the recommended alternative.
Alternative 2 – Hire an ESA liaison that would be dedicated only to Port of Seattle projects.
Cost Implications: Spending of up to $1,000,000 over five-year period.
Pros:
(1) The liaison would be available to immediately address Port of Seattle concerns.
(2) The liaison could potentially be tasked to support other Port of Seattle environmental
functions.
Cons:
(1) Substantial down-time for the liaison on account of not enough work from Port of
Seattle projects alone.
(2) Significantly higher cost.
This is not the recommended alternative.
COMMISSION AGENDA – Action Item No. _6b___ Page 4 of 5
Meeting Date: July 28, 2020
Template revised June 27, 2019 (Diversity in Contracting).
Alternative 3 – Enter into five-year ILA w/ WPPA and other Puget Sound and Columbia River Ports
to hire a liaison.
Cost Implications: Spending of up to $300,000 over five years.
Pros:
(1) Lower cost over five years due to cost-sharing with other ports.
(2) Leverages relationship with WPPA and other Ports to pursue the most efficient solution
to resource constraints at NMFS and USFWS.
Cons:
(1) Sharing in costs also means sharing in access to the liaison; may not be as readily
available if working on projects for multiple Ports.
This is the recommended alternative.
Annual Budget Status and Source of Funds
The Port of Seattle’s fixed cost-share associated with the liaison position is fixed at approximately
22% of the total cost, anticipated to be up to $60,000 annually and not-to-exceed $300,000 over
five years. A percentage of the total cost will be allocated to each Port business unit based on
their anticipated capital program spending for that year. No funding authorization is being
requested from the Commission at this time.
ATTACHMENTS TO THIS REQUEST
(1) Draft Interlocal Agreement
(2) Presentation slides
PREVIOUS COMMISSION ACTIONS OR BRIEFINGS
The Port of Seattle Commission since 2001 has authorized the CEO to enter into agreements
to support federal agencies by funding or providing additional staff resources at federal
resource and regulatory agencies charged with the enforcement of federal law regarding, but
not limited to, the Clean Water Act and Endangered Species Act.
6/21/01: The commission authorized the CEO to execute agreements to fund or provide
additional staff resources at the permit agencies (USACE, NOAA) with the costs to
be shared with the POT up to $300,000.
12/09/03: The original authorization was increased to $600,000 and extended for two years
on 12/9/03.
02/22/05: The commission authorized the CEO to execute agreements and amendments for
the POT, NOAA, and the U. S. Fish and Wildlife Service (USFWS) to fund staff
resources at permit agencies to handle ESA. The commission also increased the total
expenditure for agency support for an additional $375,000 for a total of $975,000.
COMMISSION AGENDA – Action Item No. _6b___ Page 5 of 5
Meeting Date: July 28, 2020
Template revised June 27, 2019 (Diversity in Contracting).
12/10/10: The commission authorized the CEO to enter into an interlocal agreement with POT
to share costs for a NOAA, National Marine Fisheries Service staff biologist on
assignment from NOAA to the POT to assist with fish and wildlife habitat evaluations
required as part of ESA consultation.
12/8/2015: The commission authorized the CEO to retain existing liaison agreements for five
additional years to expedite the evaluation of permits under the jurisdiction of the
U.S. Army Corps of Engineers (USACE) and from National Oceanic and Atmospheric
Administration (NOAA), National Marine Fisheries Service.
