COMMISSION AGENDA MEMORANDUM Item No. ACTION ITEM Date of Meeting 8j May 13, 2025 DATE: April 20, 2025 TO: Stephen P. Metruck, Executive Director FROM: Sarah Ogier, Director-Maritime Environment & Sustainability Jon Sloan, Sr. Manager-Environmental Programs Kathleen Hurley, Sr. Program Manager-Maritime Environment & Sustainability SUBJECT: Commission Exemption for Maritime Blue-Quiet Sound Program Amount of this request: Total estimated project cost: $250,000 $250,000 ACTION REQUESTED Request Commission to determine a competitive process is not appropriate or cost effective in accordance with RCW 53.19.020(5); and authorize the Executive Director to execute a contract with Maritime Blue for the Quiet Sound Program, in the amount of $250,000. EXECUTIVE SUMMARY This request would support work to protect Southern Resident Killer Whales (SRKW) via the Maritime Blue -Quiet Sound program which also supports the Port's Green Marine certification related to underwater noise management. In its short tenure, the Quiet Sound program has continued to expand its collaborative efforts with input from stakeholders from local, state, federal, and tribal governments, industry, research, and non-profit organizations. Quiet Sound has implemented three voluntary vessel slow-downs (a trial in 2022-2023 followed by slowdowns in 2023-24 and 2024-2025) resulting in quieter waters for whales. Additionally, they have strengthened the data network that alerts mariners to the presence of whales via the Whale Report Alert System (WRAS) in Washington State. This request would allow the Port to continue to support this vitally important work for a healthy Puget Sound. The Quiet Sound program has received funding from the Washington State legislature along with other federal and local government as well as philanthropic partners. Currently, most of Quiet Sound's funding is from grants and Washington State biennium budget; the Port of Seattle and the NWSA have provided continuous funding since the inception of the program. Template revised January 10, 2019. COMMISSION AGENDA - Action Item No. 8j Meeting Date: May 13, 2025 Page 2 of 7 JUSTIFICATION In accordance with RCW 53.19.020(5), competing this service is not reasonable or cost effective due to the following: 1) Quiet Sound is a program of the non-profit organization Washington Maritime Blue. Its mission is to better understand and reduce the impact of commercial shipping on the endangered Southern Resident killer whale. It is the only currently known program in Washington State that fulfills the Governor's recommendation #22 to develop "a parallel and adaptive implementation of ECHO and related shipping noise-reduction initiatives while promoting safe, sustainable shipping practices." 2) Maritime Blue convenes a diverse stakeholder group to make meaningful progress on reduction of underwater noise by large commercial vessels. The program regularly convenes a coalition of federal, tribal, state, port, maritime industry, and conservation organizations to shape initiatives that inform current and future programming. They are uniquely positioned to continue to lead and grow the program which is aligned with Port of Seattle goals as a joint partnership. Currently, Quiet Sound's primary programs include a) improving and supporting the Whale Report Alert System (WRAS) in Washington State and b) the annual voluntary vessel slowdown in Admiralty Inlet. For the WRAS program, Quiet Sound aims to improve WRAS by supporting the input of Washington-based Southern Resident killer whale (SRKW) sightings data, in addition to the existing Canadian sightings data. This will ensure robust WRAS coverage of orca presence in Washington waters and better data to mariners to reduce impacts to Southern Resident Killer Whales. The annual vessel slowdown in Admiralty Inlet requires coordination with vessel operators and commercial shipping organizations to encourage participation. Additionally, Quiet Sound collects data on the efficacy of the slowdown via use of a seasonal hydrophone that measures differences in underwater noise throughout the slowdown. Funding from the Port of Seattle will support the above program elements and more specifically: stakeholder engagement, whale detections and voluntary vessel operations. Staff has confirmed Maritime Blue to be the only organization with the capability and focused support network to implement this partnership with the Port. At this time, no other maritime nonprofit organization or public agency has the staff expertise, breadth of advisory members, or focus that will allow the Port of Seattle to work in partnership on this program. Maritime Blue's Quiet Sound program provides unique skills and knowledge required by this agreement, such as knowledge of voluntary vessel operational measures, whale detections and alerts to marines, and stakeholder engagement, which complements and augments that which the Port possesses. Because of Maritime Blue's unique expertise, skills and knowledge, a competitive process is not appropriate or cost effective, and a competitive exemption is appropriate in accordance with RCW 53.19.020(5). Template revised June 27, 2019 (Diversity in Contracting). COMMISSION AGENDA - Action Item No. 8j Meeting Date: May 13, 2025 Page 3 of 7 Diversity in Contracting Based on consultation with the Diversity in Contract team, and based on their review of subcontracting opportunities, this contract doesn't appear to be viable for WMBE goal considering its scope and intent. The administrative home of the Quiet Sound program, Maritime Blue, has a robust equity engagement program to support youth seeking careers in the maritime industry. DETAILS The project will support the implementation of the Quiet Sound program, a program of the nonprofit Maritime Blue. Quiet Sound staff will implement projects focused on reduction of underwater noise from large commercial vessels in Puget Sound, coordinating with partners, such as Canada's ECHO program and local whale sightings organizations. Funding for this program was included in the 2025 annual budget and will be requested annually for the duration of the contract (five years total). Scope of Work Work will include efforts in the following areas to advance diverse efforts to reduce underwater noise. (1) (2) (3) Program Coordination, Stakeholder Engagement, and Management Whale Detections and Alerts to Mariners projects Voluntary Vessel Operational Measures projects Schedule Anticipated annual schedule and milestones, which will be reviewed at the start of each program cycle. Activity Commission approval of competition waiver Project start Project progress memos Project ends Cost Breakdown Year 1 Total 2025 Quarter 2 2025 Quarter 2 Annually 2030 Quarter 4 This Request Total Project $50,000 $0 $250,000 $250,000 Years 2-5 budget is anticipated to be $50,000/year for a total of $250,000 over five years. Template revised June 27, 2019 (Diversity in Contracting). COMMISSION AGENDA - Action Item No. 8j Meeting Date: May 13, 2025 Page 4 of 7 ALTERNATIVES AND IMPLICATIONS CONSIDERED Given the Quiet Sound program's unique position to develop and implement actions to reduce underwater noise from large commercial vessels there is not a comparable program in Washington State to easily evaluate alternatives. Quiet Sound is a unique program in Washington State working with industry, local and state governments, and non-governmental organizations on the issue of underwater noise, particularly in development of technology to use whale sightings data to advise ship pilots of marine mammal presence and the ability to coordinate vessel slowdowns, which reduces underwater noise generated by ships transiting through the inland waters of Puget Sound. Alternative 1 - Decide against funding the Quiet Sound program Cost Implications: Reduces expense budget by approximately $50,000 annually for 5 years. Pros: (1) Cons: (1) (2) (3) Reduces Maritime Environment & Sustainability's expense budget by approximately $50,000 annually Limits Port's engagement in underwater noise management related to protection of Southern Resident Killer Whales Potentially increases Port underwater noise mitigation requirements for capital projects that generate underwater noise as Port participation in Quiet Sound demonstrates Port's commitment to reduction of underwater noise. Negatively impacts the Port's Green Marine certification level related to underwater noise This is not the recommended alternative. Alternative 2 - Pursue a competitive contract to implement this scope of work Cost Implications: It is not possible for the Port to recreate the entire Quiet Sound program without substantial investment. Pursuing a separate contract for this scope of work would result in higher cost to the Port. Pros: (1) Cons: (1) This option could provide the opportunity to competitively procure services for similar work. Pursuing a competitive contract for similar work would likely incur a much higher cost for this scope of work. For example, a recent hydrophone baseline study contracted by the Port has a value of $200,000 for a single year of work. Their scope does not include the broad stakeholder engagement or whale sightings work that Quiet Sound covers. Template revised June 27, 2019 (Diversity in Contracting). COMMISSION AGENDA - Action Item No. 8j Meeting Date: May 13, 2025 (2) (3) Page 5 of 7 This option would likely duplicate current initiatives and reduce efficiency related to reduction of underwater noise from large commercial vessels within Puget Sound. There are no known firms that undertake the specific combination of work encompassed in the Quiet Sound program - the combination of convening diverse stakeholder groups, implementing an annual voluntary vessel slowdown, strengthening the data stream of whale sightings to mariners, while also testing innovative whaledetection approaches. This is not the recommended alternative. Alternative 3 - Fund Quiet Sound at the requested level of $250,000 over 5 years Cost Implications: Requires annual funding of $50,000 from the expense budget Pros: (1) (2) (3) Cons: (1) Supports continuity in progress related to underwater noise reduction already established by the Quiet Sound program; Cost efficient method to achieve goals around underwater noise reduction, including Green Marine certification, alignment with state goals related to underwater noise reduction, and support Port capital project permitting. Aligns with stated shared goals between Maritime Blue and the Port of Seattle related to marine conservation and sustainability as described in the Memorandum of Understanding. None This is the recommended alternative. FINANCIAL IMPLICATIONS The Quiet Sound program is an integral part of the Port's Green Marine certification program and supports the Port's pursuit of a healthy Puget Sound to become the "cleanest, greenest port in North America." Cost Estimate/Authorization Summary Capital Expense Total COST ESTIMATE Original estimate $0 $250,000 $250,00 AUTHORIZATION Previous authorizations Current request for authorization Total authorizations, including this request Remaining amount to be authorized 0 0 0 $0 0 250,000 250,000 $0 0 250,000 250,000 $0 Template revised June 27, 2019 (Diversity in Contracting). COMMISSION AGENDA - Action Item No. 8j Meeting Date: May 13, 2025 Page 6 of 7 Annual Budget Status and Source of Funds This has been budgeted in the 2025 expense budget for Maritime Environment and Sustainability. It will be included in future annual budget requests. Financial Analysis and Summary Project cost for analysis Business Unit (BU) Effect on business performance (NOI after depreciation) IRR/NPV (if relevant) CPE Impact $250,000 over 5 years Maritime Environment and Sustainability NA NA NA Future Revenues and Expenses (Total cost of ownership) NA ADDITIONAL BACKGROUND The background for this initiative originates from former Washington State Governor Jay Inslee's Southern Resident Orca Task Force Report and Recommendations (November 16, 2018). Task Force Recommendation #22 included: 1. Create a program similar to Port of Vancouver's Enhancing Cetacean Habitat and Observation program (ECHO) for Washington State, including participation by ports, whale watching operators, private vessel operators and Tribal governments as desired. 2. Coordinate with the ECHO Program on transboundary efforts to reduce noise impacts to Southern Residents. Provide funding to complete an underwater acoustic monitoring network for Puget Sound, filling in gaps - such as on South San Juan Island - and supporting acoustic and visual mapping to improve the ability to identify when and where Southern Resident orcas are present. The implementation details associated with Recommendation #22 encourage collaboration with strategic Canadian, U.S. and Washington state partners, including the Coast Guard, Washington State Ferries, Puget Sound ports, the Pacific Merchants Shipping Association, the Puget Sound Pilots, OrcaSound, Tribal co-managers, ECHO and others, with a goal to support "parallel and adaptive implementation of ECHO and related shipping noise-reduction initiatives while promoting safe, sustainable shipping practices." Following the report, the Port of Seattle initiated a partnership and the establishment of a program to achieve the Task Force Report and Recommendations. The Quiet Sound program was formalized as an independent program to be housed within Maritime Blue in 2021. The Port and its partners, including the Quiet Sound program, have made notable progress related to Template revised June 27, 2019 (Diversity in Contracting). COMMISSION AGENDA - Action Item No. 8j Meeting Date: May 13, 2025 Page 7 of 7 commercial vessels and underwater noise in Puget Sound. For this progress, NOAA recognized the Quiet Sound program as its "2023 Partner in the Spotlight" for Quiet Sound's exceptional efforts related to the conservation and recovery of Southern Resident Killer Whales. ATTACHMENTS TO THIS REQUEST (1) Presentation PREVIOUS COMMISSION ACTIONS OR BRIEFINGS November 19, 2024 (Item 10a) - Renewal of the Memorandum of Understanding between the Port of Seattle and Washington Maritime Blue continuing their long-standing collaboration on maritime innovation and environmental stewardship. November 16, 2021 (Item 8j) - The Commission authorized a legal settlement between the Port and the Center for Biological Diversity. As part of that settlement agreement, the Port was required to fund Quiet Sound, a program of Maritime Blue, for a total of $42,000. Template revised June 27, 2019 (Diversity in Contracting).