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HomeMy WebLinkAboutContract 1 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 INTERLOCAL AGREEMENT For Chinook Salmon Conservation Planning for the Watershed Basins within Water Resource Inventory Area 8 PREAMBLE THIS AGREEMENT ("Agreement") is entered into pursuant to Chapter 39.34 Revised Code of Washington (RCW) by and among the eligible governments signing this agreement that are located in King and Snohomish Counties, lying wholly or partially within the management area of the Lake Washington/Cedar/Sammamish Watershed or Watershed Resource Inventory Area ("WRIA") 8, which includes all or portions of the Lake Washington , Cedar River, and Sammamish River basins, all political subdivisions of the State of Washington (individually for those signing this Agreement, “party”, and collectively “parties”). WHEREAS, the parties share interests in and responsibility for addressing long -term watershed planning and conservation of the aquatic ecosystems and floodplains for purposes of implementing the WRIA 8 Chinook Salmon Conservation Plan (“WRIA 8 Plan”) and improving watershed health for the watershed basins in WRIA 8 and wish to provide for funding and implementation of various activities and projects therein; and WHEREAS, Puget Sound Chinook salmon, including the WRIA 8 Cedar and Sammamish populations, were listed as threatened under the Endangered Species Act (ESA) in 1999 and steelhead trout were listed as threatened under ESA in 2007; and WHEREAS, the parties recognize their participation in th is Agreement demonstrates their commitment to proactively working to address the ESA listing of Chinook salmon; and WHEREAS, the parties recognize achieving WRIA 8 salmon recovery and watershed health goals requires a recommitment to, and acceleration of, the collaborative implementation and funding of salmon recovery and watershed conservation actions, and WHEREAS, the parties have executed Interlocal Agreement for the years 2001-2005 to develop the WRIA 8 Plan, contributed to the federally-approved Puget Sound Salmon Recovery Plan, and desire to continue providing efficient participation in the implementation of such plans; and WHEREAS, the parties took formal action in 2005 to ratify the WRIA 8 Plan, and WHEREAS, the parties have executed the 2001-2005 Interlocal Agreement, and extensions for the years 2007-2015 and 2016-2025 to implement the WRIA 8 Plan and improve watershed health; and WHEREAS, the parties seek information on watershed conditions and salmon conservation and recovery needs to inform local decision-making bodies regarding actions in response to listings under the ESA; and WHEREAS, the parties have participated for 20 years in prioritizing and contributing resources and funds for implementing projects and programs to protect and restore salmon habitat and watershed health; and Docusign Envelope ID: 5F48A9F5-EB8D-4123-8AE4-3D7980CCA426 2 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 WHEREAS, the parties wish to monitor and evaluate implementation of the WRIA 8 Plan through adaptive management; and WHEREAS, the parties wish to continue to identify, coordinate, and implement habitat, water quality, flood hazard reduction, and water quantity projects in the watersheds; and WHEREAS, the parties recognize climate change is likely to affect watershed ecosystem function and processes, and salmon habitat restoration actions are a proactive approach to making the watershed ecosystem more resilient to changing conditions, which supports watershed health for human communities and salmon populations; and WHEREAS, the parties have an interest in participating on the Puget Sound Salmon Recovery Council and other groups associated with Puget Sound recovery because of the contributions of the Lake Washington/Cedar/Sammamish Watershed to the overall health of Puget Sound and to collectively seek funding to implement the WRIA 8 Plan; and WHEREAS, the parties have an interest in participating on the Washington Salmon Coalition and other groups associated with the Salmon Recovery Funding Board to collectively seek funding to implement the WRIA 8 Plan; and WHEREAS, the parties have an interest in supporting implementation of the Puget Sound Partnership Action Agenda to restore the health of Puget Sound as it relates to salmon recovery and WRIA 8 priorities; and WHEREAS, the parties recognize the importance of efforts to protect and restore habitat for multiple species in WRIA 8, including Lake Sammamish kokanee, and will seek opportunities to partner and coordinate Chinook recovery efforts with these other efforts where there are overlapping priorities and benefits; and WHEREAS, the parties have an interest in achieving multiple benefits by integrating salmon recovery planning and actions with other regional efforts, including floodplain management, stormwater management, water quality improvement, etc.; and WHEREAS, the parties recognize that identification of watershed issues, and implementation of salmon conservation and recovery actions may be carried out more efficiently if done cooperatively than if carried out separately and independently; NOW, THEREFORE, in consideration of the mutual promises, benefits and covenants contained herein, the parties hereto do mutually covenant and agree as follows: Docusign Envelope ID: 5F48A9F5-EB8D-4123-8AE4-3D7980CCA426 3 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 MUTUAL COVENANTS AND AGREEMENTS 1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the meaning provided for below: 1.1. ELIGIBLE GOVERNMENTS: The governments eligible for participation in this Agreement as parties are state, local, and federally recognized Indian tribal governments, state and local agencies, and special purpose districts within WRIA 8 boundary. 1.2. WRIA 8 ILA Parties: The Parties to the WRIA 8 Interlocal Agreement (“Party” or “Parties”) are the Eligible Governments who sign this Agreement and are responsible for implementing this Agreement. The Parties to this ILA shall each designate a representative and alternate representative to the WRIA 8 Salmon Recovery Council. 1.3. WRIA 8 SALMON RECOVERY COUNCIL: The WRIA 8 Salmon Recovery Council created herein is the governing body responsible for implementing this Agreement and is comprised of Party representatives and Stakeholders . The WRIA 8 Salmon Recovery Council is a voluntary association of Eligible Governments located wholly or partially within the management area of WRIA 8. The WRIA 8 Salmon Recovery Council shall be responsible for making recommendations for implementing the WRIA 8 Plan to the Parties. 1.4. LAKE WASHINGTON/CEDAR/SAMMAMISH WATERSHED (WRIA 8) CHINOOK SALMON CONSERVATION PLAN: The WRIA 8 Chinook Salmon Conservation Plan (WRIA 8 Plan) as referred to herein is the three volume document, the 2017 update to the WRIA 8 Plan, and any subsequent updates adopted in accordance with the procedures provided for in Section 6 below, developed in partnership with Stakeholders and ratified by the Parties for the purposes of preserving, protecting, and restoring habitat with the intent to recover listed species, including sustainable, genetically diverse, harvestable populations of naturally spawning Chinook salmon. 1.4 MANAGEMENT COMMITTEE: Management Committee as referred to herein is chosen by Party representatives, according to the voting procedures in Section 5 herein, charged with certain oversight and administrative duties on behalf of the Parties as provided in Section 4.2. 1.5 SERVICE PROVIDER: Service Provider, as used herein, means that agency, government, consultant or other entity which supplies staffing or other resources to and for the WRIA 8 Salmon Recovery Council, in exchange for payment. The Service Provider may be a party to this Agreement. 1.6 FISCAL AGENT: The Fiscal Agent refers to that agency or government which performs all accounting services for the WRIA 8 Salmon Recovery Council, as it may require, in accordance with the requirements of Chapter 39.34 RCW. Docusign Envelope ID: 5F48A9F5-EB8D-4123-8AE4-3D7980CCA426 4 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 1.7 STAKEHOLDERS: Stakeholders refers to those public and private entities within WRIA 8 who reflect the diverse interests integral for planning, implementation, and adaptive management of the WRIA 8 Plan. 2. PURPOSES. The purposes of this Agreement include the following: 2.1 To provide a mechanism and governance structure for the implementation and adaptive management of the WRIA 8 Plan. 2.2 To share the cost of the WRIA 8 Service Provider team to coordinate and provide the services necessary for the successful implementation and management of the WRIA 8 Plan. The maximum financial or resource obligation of any participating eligible jurisdiction under this Agreement shall be limited to its share of the cost of the Service Provider staff and associated operating costs. 2.3 To provide a mechanism for securing technical assistance and funding from state agencies or other sources. 2.4 To provide a mechanism for the implementation of other multiple benefit habitat, water quality and floodplain management projects with local, regional, state, federal and non- profit funds as may be contributed to or secured by the WRIA 8 Salmon Recovery Council. 2.5 To annually recommend WRIA 8 salmon recovery programs and projects for funding by the King County Flood Control District through the District’s Cooperative Watershed Management grant program. 2.6 To serve as the salmon recovery “Lead Entity” as designated by state law (Chapter 77.85 RCW) for WRIA 8. The Lead Entity is responsible for developing a salmon recovery strategy, working with project sponsors to develop projects, convening local technical and citizen committees to annually recommend WRIA 8 salmon habitat restoration and protection projects for funding by the State of Washington Salmon Recovery Funding Board, and representing WRIA 8 in Puget Sound region and statewide salmon recovery forums. 2.7 To provide a framework for cooperation and coordination among the parties on issues relating to the implementation of the WRIA 8 Plan and to meet the requirement or a commitment by any party to participate in WRIA-based or watershed basin planning in response to any state or federal law which may require such participation as a condition of any funding, permitting or other program of state or federal agencies, at the discretion of such party to this Agreement. 2.8 To develop and articulate WRIA-based positions on salmon habitat, conservation, and funding to state and federal legislators. 2.9 To provide for the ongoing participation of residents and other Stakeholders in salmon recovery and other watershed efforts and to ensure continued public outreach efforts to Docusign Envelope ID: 5F48A9F5-EB8D-4123-8AE4-3D7980CCA426 5 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 educate and garner support for current and future watershed and ESA listed species response efforts in accordance with the WRIA 8 Plan. 2.10 To provide information for parties to use to inform land use planning, regulations, and outreach and education programs. 2.11 To provide a mechanism for on-going monitoring and adaptive management of the WRIA 8 Plan as defined in the Plan. It is not the purpose or intent of this Agreement to create, supplant, preempt, or supersede the authority or role of any individual jurisdiction or water quality policy bodies such as the Regional Water Quality Committee. 3. EFFECTIVE DATE AND TERM. This Agreement shall become effective on execution by at least nine (9) of the Eligible Governments representing at least seventy percent (70%) of the affected population, as authorized by each Parties’’ legislative body, and further provided that after such signatures this Agreement has been filed by King County and Snohomish County in accordance with the terms of RCW 39.34.040 and 200. Once effective, this Agreement shall remain in effect through December 31, 2035; provided, however, that this Agreement may be extended for such additional terms as the parties may agree to in writing, with such extension being effective upon its execution by at least nine (9) of the Eligible Governments representing at least seventy percent (70%) of the affected population of WRIA 8. 4. ORGANIZATION AND MEMBERSHIP. The parties hereby establish WRIA 8 Salmon Recovery Council to serve as the formal governance structure for carrying out the purposes of this Agreement in collaboration with Stakeholders. 4.1 Each Party shall appoint one (1) elected official and one (1) alternate to serve as its representative on the WRIA 8 Salmon Recovery Council. The alternate representative may be a different elected official or senior staff person. Party representatives shall be responsible for maintaining the Party’s status as an active party by attending WRIA 8 Salmon Recovery Council meetings. A Party representative’s position will be considered inactive on the third consecutive absence and shall not be included in calculating a quorum under Section 5.1. Stakeholders shall be appointed or removed by Party representatives using the voting provisions of Section 5.3 of this Agreement. 4.2 Upon the effective execution of this agreement and the appointment of representatives to the WRIA 8 Salmon Recovery Council, the WRIA 8 Salmon Recovery Council shall meet and choose from among the Party representatives, according to the voting provisions of Section 5, at least five (5) elected officials or their designees, to serve as a Management Committee to oversee and direct the scope of work, funds, and personnel agreed to and contributed under this Agreement, in accordance with the adopted annual budget, work program, and such other directions as may be provided by the WRIA 8 Salmon Recovery Council. Representatives of the Fiscal Agent and Service Provider Docusign Envelope ID: 5F48A9F5-EB8D-4123-8AE4-3D7980CCA426 6 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 may serve as non-voting ex officio members of the Management Committee. The Management Committee shall act as an executive subcommittee of the WRIA 8 Salmon Recovery Council, responsible for oversight and evaluation of any Service Providers or consultants, administration of the budget and work program, and for providing recommendations on administrative matters to the WRIA 8 Salmon Recovery Council for action, consistent with the other subsections of this section. 4.3 The Service Provider to the WRIA 8 Salmon Recovery Council for the term of this agreement shall be King County Department of Natural Resources and Parks, unless the Parties, pursuant to the voting provisions of Section 5, choose another primary Service Provider. The Management Committee shall prepare a Memorandum of Understanding to be signed by an authorized representative of the Service Provider and an authorized representative of WRIA 8 Salmon Recovery Council, which shall set out the expectations for services to be provided. Services should include, without limitation, identification of, and job descriptions for, dedicated staff, description of any supervisory role retained by the Service Provider over any staff performing services under this Agreement, and a method of regular consultation between the Service Provider and the Management Committee concerning the performance of services hereunder. 4.3.1 The Management Committee shall make recommendations to the WRIA 8 Salmon Recovery Council for action, including decisions related to work program, staffing and service agreements, and budget and financial operations, annually for each year of this Agreement. All duties of the Management Committee shall be established by the WRIA 8 Salmon Recovery Council. 4.4 By October 1 of each year, the WRIA 8 Salmon Recovery Council shall develop and approve an annual budget, establishing the level of funding and total resource obligations of the Parties which are to be allocated on a proportional basis according to the average of the population, assessed valuation and area attributable to each Parties, in accordance with the formula set forth in Exhibit A, which formula shall be updated every third year by the WRIA 8 Salmon Recovery Council. Individual cost shares may change more frequently than every three years for Parties involved in an annexation that changes the area, population, and assessed value calculation of such party to the extent that the cost shares established by the formula set forth in Exhibit A would be changed by such annexation. For parties that are not county or city governments, the level of funding and resource obligation will be determined in communications with the Management Committee, which will develop a recommendation for review and approval by the WRIA 8 Salmon Recovery Council. 4.5 Party representatives of the WRIA 8 Salmon Recovery Council shall oversee and administer the expenditure of budgeted funds and allocate resources contributed by each Docusign Envelope ID: 5F48A9F5-EB8D-4123-8AE4-3D7980CCA426 7 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 Party or obtained from other sources in accordance with implementation and adaptive management of the WRIA 8 Plan during each year of this Agreement. 4.6 The WRIA 8 Salmon Recovery Council shall review and evaluate the duties to be assigned to the Management Committee hereunder and the performance of the Fiscal Agent and Service Provider to this Agreement and provide for whatever actions deemed appropriate and necessary to ensure that quality services are efficiently, effectively, and responsibly delivered in the performance of the purposes of this Agreement. The performance of the Service Provider and Fiscal Agent shall be assessed every two years starting in 2027. In evaluating the performance of any Service Provider, the WRIA 8 Salmon Recovery Council may retain an outside consultant to perform a professional assessment of the work and services so provided. 4.7 The WRIA 8 Salmon Recovery Council through the primary Service Provider may contract with similar watershed forum governing bodies or any other entities for any lawful purpose related hereto, including specific functions and tasks which are initiated and led by another party to this Agreement beyond the services provided by the primary Service Provider. The Parties may choose to create a separate legal or administrative entity under applicable state law, including without limitation a nonprofit corporation or general partnership, to accept private gifts, grants or financial contributions, or for any other lawful purposes. Nothing in this Agreement shall be construed as creating a separate legal or administrative entity. The Parties acknowledge neither the WRIA 8 Salmon Recovery Council nor the Management Committee is a separate legal entity. 4.8 The WRIA 8 Salmon Recovery Council shall adopt operating and voting procedures for its deliberations, but such procedures shall not affect the voting provisions contained in Section 5. The WRIA 8 Salmon Recovery Council shall also adopt other rules and procedures that are consistent with its purposes as stated herein and are necessary for its operation. 5. VOTING. The Parties on the WRIA 8 Salmon Recovery Council shall make decisions; approve scopes of work, budgets, priorities and any other actions necessary to carry out the purposes of this Agreement as follows: 5.1 Decisions shall be made using a consensus model as much as possible. Each Party agrees to use its best efforts and exercise good faith in consensus decision -making. Consensus may be reached by unanimous agreement of the Parties at the meeting, or by a majority recommendation agreed upon by the active Parties, as specified in Section 4.1, with a minority report. Any Party who does not accept a majority decision may request weighted voting as set forth below. No action or binding decision will be taken by the WRIA 8 Salmon Recovery Council without the presence of a quorum of active Parties. A quorum exists if a majority of the active Parties’ representatives are present Docusign Envelope ID: 5F48A9F5-EB8D-4123-8AE4-3D7980CCA426 8 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 at the WRIA 8 Salmon Recovery Council meeting, provided that positions left vacant on the WRIA 8 Salmon Recovery Council by Parties shall not be included in calculating the quorum. 5.2 In the event consensus cannot be achieved, as determined by rules and procedures adopted by the WRIA 8 Salmon Recovery Council, the WRIA 8 Salmon Recovery Council shall take action on a dual-majority basis, as follows: 5.2.1 Each Party, through its appointed representative, may cast its weighted vote in connection with a proposed WRIA 8 Salmon Recovery Council action. 5.2.2 The weighted vote of each Party in relation to the weighted votes of each of the other WRIA 8 ILA Parties shall be determined by the percentage of the annual contribution by each Party set in accordance with Subsection 4.4 in the year in which the vote is taken. 5.2.3 For any action subject to weighted voting to be deemed approved, an affirmative vote must be cast by both a majority of the active Parties and by a majority of the weighted votes of the active Parties. A vote of abstention shall be recorded as a “no” vote. 5.3 The WRIA 8 Salmon Recovery Council may deem it appropriate to appoint to the WRIA 8 Salmon Recovery Council non-party Stakeholder. 5.3.1 Nomination of Stakeholder may be made by any Party representative to the WRIA 8 Salmon Recovery Council. Appointment to the WRIA 8 Salmon Recovery Council of a Stakeholder requires either consensus or a dual majority vote of the Parties as provided in Section 5.2. 5.3.2 Party representatives on the WRIA 8 Salmon Recovery Council may deem it appropriate to allow Stakeholders to vote on particular WRIA 8 Salmon Recovery Council decisions. The WRIA 8 Salmon Recovery Council may determine which issues are appropriate for non-party voting by either consensus or majority as provided in Section 5.1, except in the case where legislation requires non-party member votes. Stakeholders shall not cast a vote for decisions subject to voting under Section 5.2. 5.3.3 Decisions of the entire WRIA 8 Salmon Recovery Council shall be made using a consensus model as much as possible. Voting of the entire WRIA 8 Salmon Recovery Council will be determined by consensus or majority as provided in Section 5.1. 5.3.4 By accepting appointment to the WRIA 8 Salmon Recovery Council, Stakeholders agree to follow the operating and voting procedures established by Section 4.8 and shall not distribute any version or amendment to the WRIA 8 Plan which has not been ratified consistent with Section 6.5. Docusign Envelope ID: 5F48A9F5-EB8D-4123-8AE4-3D7980CCA426 9 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 6. IMPLEMENTATION and ADAPTIVE MANAGEMENT OF THE WRIA 8 CHINOOK SALMON CONSERVATION PLAN. The WRIA 8 Plan shall be implemented consistent with the following: 6.1 The WRIA 8 Salmon Recovery Council shall provide information to the Parties regarding progress in achieving the goals and objectives of the WRIA 8 Plan. Recommendations of the WRIA 8 Salmon Recovery Council are to be consistent with the purposes of this Agreement. The WRIA 8 Salmon Recovery Council may authorize additional advisory bodies on priority topics such as subcommittees and work groups. 6.2 The WRIA 8 Salmon Recovery Council shall act to approve or remand any WRIA 8 Plan amendments prepared and recommended by the committees of the WRIA 8 Salmon Recovery Council within ninety (90) calendar days of receipt of the plan amendments, according to the voting procedures described in Section 5. In the event any amendments are not so approved, they shall be returned to the committees of the WRIA 8 Salmon Recovery Council for further consideration and amendment and thereafter returned to the WRIA 8 Salmon Recovery Council for decision. 6.3 After approval of the WRIA 8 Plan amendments by the WRIA 8 Salmon Recovery Council, the plan amendments shall be referred to the Parties for ratification prior to the submission to any federal or state agency for further action. Ratification means an affirmative action, evidenced by a resolution, motion, or ordinance of the jurisdiction’s legislative body, by at least nine (9) jurisdictions within WRIA 8 representing at least seventy per cent (70%) of the total population of WRIA 8. Upon ratification, the WRIA 8 Salmon Recovery Council shall transmit the updated WRIA 8 Plan to any state or federal agency as may be required for further action. 6.4 In the event that any state or federal agency to which the WRIA 8 Plan or amendments thereto are submitted shall remand the WRIA 8 Plan or amendments thereto for further consideration, the WRIA 8 Salmon Recovery Council shall conduct such further consideration and may refer the plan or amendments to the committees of the WRIA 8 Salmon Recovery Council for recommendation on amendments thereto. 6.5 The Parties agree that any amendments to the WRIA 8 Plan shall not be forwarded separately by any Party or Stakeholder to any regional, state, or federal agency unless the changes have been approved and ratified as provided herein. 7. OBLIGATIONS OF PARTIES; BUDGET; FISCAL AGENT; RULES. 7.1 Each Party shall be responsible for meeting its individual financial obligations hereunder as described in Section 2.2 and established in the annual budget adopted by the WRIA 8 Salmon Recovery Council under this Agreement and described in Section 4.4. Docusign Envelope ID: 5F48A9F5-EB8D-4123-8AE4-3D7980CCA426 10 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 7.2 The maximum funding responsibilities imposed upon the Party during each year of this Agreement shall not exceed the amounts that are established annually pursuant to Section 4.4 herein. 7.3 No later than October 1 of each year of this Agreement, the WRIA 8 Salmon Recovery Council shall adopt a budget, including its overhead and administrative costs, for the following calendar year. The budget shall propose the level of funding and other responsibilities (e.g., staffing) of the individual Parties for the following calendar year and shall propose the levels of funding and resources to be allocated to specific prioritized planning and implementation activities within WRIA 8. The Parties shall thereafter take whatever separate legislative or other actions that may be necessary to timely address such individual responsibilities under the proposed budget and shall have done so no later than December 1 of each such year. 7.4 Funds collected from the Parties or other sources on behalf of the WRIA 8 Salmon Recovery Council shall be maintained in a special fund by King County as Fiscal Agent and as ex officio treasurer on behalf of the WRIA 8 Salmon Recovery Council pursuant to rules and procedures established and agreed to by the WRIA 8 Salmon Recovery Council. Such rules and procedures shall set out billing practices and collection procedures and any other procedures as may be necessary to provide for its efficient administration and operation. 7.5 Any Party to this Agreement may inspect and review all records maintained in connection with such fund at any reasonable time. 8. LATECOMERS. Any Eligible Government may become a Party only with the written consent of all the Parties. The provisions of Section 5 otherwise governing decisions of the WRIA 8 Salmon Recovery Council shall not apply to this section. The WRIA 8 Salmon Recovery Council and the Eligible Government seeking to become a party shall jointly determine the terms and conditions under which the Eligible Government may become a Party. The terms and conditions shall include payment of an amount by the new Party to the Fiscal Agent. The amount of payment is determined jointly by the WRIA 8 Salmon Recovery Council and the new Party. The payment of the new Party is to be a fair and proportionate share of all costs associated with activities undertaken by the WRIA 8 Salmon Recovery Council and the Parties on its behalf as of the date the Eligible Government becomes a Party. Any Eligible Government that becomes a Party pursuant to this section shall thereby assume the general rights and responsibilities of all other Parties to this Agreement. 9. TERMINATION. 9.1 Termination can only occur on an annual basis, beginning on January 1 of each calendar year, and then only if the terminating Party, through action of its governing body, provides at least sixty (60) days’ prior written notice of its intent to terminate. The Docusign Envelope ID: 5F48A9F5-EB8D-4123-8AE4-3D7980CCA426 11 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 terminating Party shall remain fully responsible for meeting all of its funding and other obligations through the end of the calendar year in which such notice is given, together with any other costs that may have been incurred on behalf of such terminating Party up to the effective date of such termination. It is possible that the makeup of the Parties to this Agreement may change from time to time. Regardless of any such changes, the Parties choosing not to exercise the right of termination shall each re main obligated to meet their respective share of the obligations of the WRIA 8 Salmon Recovery Council as reflected in the annual budget. The shares of any terminating Party shall not be the obligation of any of the Parties not choosing to exercise the right of termination. 9.2 This Agreement may be terminated at any time by the written agreement of all Parties. In the event this Agreement is terminated all unexpended funds shall be refunded to the parties pro rata based on each Party’s cost share percentage of the total budgeted funds and any real or personal property acquired to carry out the purposes of this Agreement shall be returned to the contributing party if such Party can be identified, and if the party cannot be identified, the property shall be disposed of and the proceeds distributed pro rata as described above for unexpended funds. 10. PROPERTY: The Parties do not contemplate a need to acquire or hold property to facilitate the purpose of this agreement. To the extent property is acquired on behalf of the WRIA 8 Salmon Recovery Council, the ownership of said property shall be retained by the purchasing Party and said property will be returned to the purchasing Party upon termination of the agreement and/or the purchasing Party’s participation in the agreement. 11. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by federal law as governing to tribes and state law as to all other Parties, and for the limited purposes set forth in this agreement, each Party shall protect, defend, hold harmless and indemnify the other Parties, their officers, elected officials, agents and employees, while acting within the scope of their employment as such, from and against any and all claims (including demands, suits, penalties, liabilities, damages, costs, expenses, or losses of any kind or nature whatsoever) arising out of or in any way resulting from such Party’s own negligent acts or omissions related to such Party’s participation and obligations under this Agreement. Each Party’s agrees that its obligations under this subsection extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees or agents. For this purpose, each Party, by mutual negotiation, hereby waives, with respect to the other Parties only, any immunity that would otherwise be available against such claims under the industrial insurance act provisions of Title 51 RCW. The provisions of this section shall survive and continue to be applicable to parties exercising the right of termination pursuant to Section 9. 12. NO ASSUMPTION OF LIABILITY. In no event do the Parties to this Agreement intend to assume any responsibility, risk or liability of any other Party to this Agreement or otherwise with Docusign Envelope ID: 5F48A9F5-EB8D-4123-8AE4-3D7980CCA426 12 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 regard to any Party’s duties, responsibilities or liabilities under the Endangered Species Act, or any other act, statute or regulation of any local municipality or government, the State of Washington or the United States. 13. VOLUNTARY AGREEMENT. This agreement is voluntary and it is acknowledged and agreed that, in entering into this Agreement, no Party is committing to adopt or implement any actions or recommendations that may be contained in the WRIA 8 Plan pursuant to this Agreement. 14. NO PRECLUSION OF ACTIVITIES OR PROJECTS. Nothing herein shall preclude any one or more of the Parties to this Agreement from choosing or agreeing to fund or implement any work, activities or projects associated with any of the purposes hereunder by separate agreement or action, provided that any such decision or agreement shall not impose any funding, part icipation or other obligation of any kind on any party to this Agreement which is not a Party to such decision or agreement. 15. NO THIRD PARTY RIGHTS. Nothing contained in this Agreement is intended to, nor shall it be construed to, create any rights in any third party, including without limitation the non-party members, National Marine Fisheries Service, United States Fish and Wildlife Service, any agency or department of the United States, or the State of Washington, or to form the basis for any liability on the part of the WRIA 8 Salmon Recovery Council or any of the Parties, or their officers, elected officials, agents and employees, to any third party. 16. AMENDMENTS. This Agreement may be amended, altered, or clarified only by the unanimous consent of the Parties to this Agreement, represented by affirmative action by each Party’s legislative body. 17. COUNTERPARTS. This Agreement may be executed in counterparts. 18. APPROVAL BY PARTIES' GOVERNING BODIES. The governing body of each Party must approve this Agreement before any representative of such Party may sign this Agreement. 19. FILING OF AGREEMENT. This Agreement shall be filed by King County and Snohomish County in accordance with the provisions of RCW 39.34.040 and .200 and with the terms of Section 3 herein. 20. PREVIOUS INTERLOCAL. This Agreement shall repeal and replace the Parties’ previous interlocal agreement, which was expected to terminate on December 31, 202 5, and was adopted on or about July 16, 2015. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates indicated below: Docusign Envelope ID: 5F48A9F5-EB8D-4123-8AE4-3D7980CCA426 27 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 Approved as to form: CITY OF MEDINA: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ Docusign Envelope ID: 5F48A9F5-EB8D-4123-8AE4-3D7980CCA426 Interim City Manager 5/28/2025 City Attorney 5/28/2025 Exhibit A - WRIA 8 Interlocal Agreement Regional Watershed Salmon Recovery Funding WRIA 8 Jurisdiction Population (Pop)Assessed Value (AV)Area (Sq. Mi.) WRIA 8 Jurisdiction Beaux Arts 315 0.02%$285,891,000 0.04%0.08 0.02%0.03%$193 Beaux Arts Bellevue 154,600 8.91%$96,339,979,101 13.67%33.53 7.12%9.90%$75,283 Bellevue Bothell 49,550 2.85%$17,957,876,264 2.55%13.67 2.90%2.77%$21,054 Bothell Clyde Hill 3,115 0.18%$4,389,953,700 0.62%1.06 0.22%0.34%$2,603 Clyde Hill Edmonds 43,370 2.50%$16,549,900,400 2.35%8.97 1.91%2.25%$17,118 Edmonds Everett 33,485 1.93%$6,381,442,800 0.91%5.20 1.11%1.31%$9,986 Everett Hunts Point 460 0.03%$1,783,212,000 0.25%0.29 0.06%0.11%$866 Hunts Point Issaquah 41,290 2.38%$17,493,815,787 2.48%12.11 2.57%2.48%$18,843 Issaquah Kenmore 24,230 1.40%$7,459,653,182 1.06%6.15 1.31%1.25%$9,533 Kenmore Kent 0 0.00%$12,761,000 0.00%0.45 0.10%0.03%$246 Kent King County (Uninc.)102,707 5.92%$35,458,579,530 5.03%163.04 34.65%15.20%$115,568 King County (Uninc.) Kirkland 96,920 5.58%$45,311,849,550 6.43%17.84 3.79%5.27%$40,057 Kirkland Lake Forest Park 13,660 0.79%$4,237,895,040 0.60%3.51 0.75%0.71%$5,409 Lake Forest Park Maple Valley 5,022 0.29%$1,155,422,680 0.16%0.94 0.20%0.22%$1,654 Maple Valley Medina 2,925 0.17%$6,866,863,700 0.97%1.41 0.30%0.48%$3,657 Medina Mercer Island 25,800 1.49%$21,056,678,532 2.99%6.30 1.34%1.94%$14,732 Mercer Island Mill Creek 21,630 1.25%$6,848,308,200 0.97%4.68 0.99%1.07%$8,143 Mill Creek Mountlake Terrace 23,810 1.37%$5,911,042,400 0.84%4.16 0.88%1.03%$7,844 Mountlake Terrace Mukilteo 21,221 1.22%$7,572,645,200 1.07%5.99 1.27%1.19%$9,046 Mukilteo Newcastle 13,610 0.78%$5,376,208,083 0.76%4.46 0.95%0.83%$6,324 Newcastle Redmond 77,490 4.46%$36,605,924,250 5.19%16.56 3.52%4.39%$33,399 Redmond Renton 70,904 4.08%$18,024,891,468 2.56%14.01 2.98%3.21%$24,382 Renton Sammamish 61,452 3.54%$26,240,200,285 3.72%19.09 4.06%3.77%$28,694 Sammamish Seattle 556,865 32.08%$233,153,890,428 33.09%53.00 11.26%25.48%$193,716 Seattle Shoreline 61,120 3.52%$16,722,153,900 2.37%11.58 2.46%2.79%$21,179 Shoreline Sno. Co. (Uninc.)213,926 12.32%$55,882,188,800 7.93%55.38 11.77%10.67%$81,163 Snoh. Co. (Uninc.) Woodinville 13,830 0.80%$6,429,716,438 0.91%5.66 1.20%0.97%$7,379 Woodinville Woodway 1,340 0.08%$1,112,962,100 0.16%1.09 0.23%0.16%$1,186 Woodway Yarrow Point 1,135 0.07%$2,075,804,200 0.29%0.36 0.08%0.15%$1,108 Yarrow Point Totals 1,735,781 100.0%$704,697,710,018 100.0%470.56 100.0%100.0%$760,366 2025 TOTAL $760,366 Population: • Population estimates are based on 2023 OFM April 1st Estimates and 2023 OFM Small Area Estimate Program (SAEP) data for census blocks. • The portion of Kent in WRIA 8 is solely the Kent Watershed and has no population allocated to it. *Assessed Value & Area: King County: Assessed value is based on King County Assessor’s data February 2021, land + improvements value Assessed value and area (sq. miles) excludes the Upper Cedar River subwatershed. • Jurisdictions entirely within a WRIA are assigned the 2023 OFM April 1st Estimate directly. Jurisdictions that straddle WRIA boundaries are assigned the percent share of the 2023 OFM April 1st Estimate based on a geographic allocation of census blocks across WRIA boundaries, accounting for water areas and public land where people are unlikely to live. Note: This method was tested against the 2021 ILA Cost Share tables using 2020 OFM data and was determined to be highly comparable for estimating population breakdowns. As OFM releases data every year, and the data spans both King and Snohomish Counties, this is a consistent and repeatable analysis across the entire study area. Final ILA Partner Cost Share for 2025 Budget WRIA Based Cost-share: WRIA 8 2025 Snohomish County: Assessed value is based on Snohomish County Assessor’s data March 2021, for market land value + market improvements value Approved by WRIA 8 Salmon Recovery Council on September 19, 2024 2025 Cost Share (reflects 3.60% CPI-W estimate) (Average of Pop, AV, Area) WRIA 8_ILACostShare_2025_FINAL Docusign Envelope ID: 5F48A9F5-EB8D-4123-8AE4-3D7980CCA426