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Contract Number: 4623
Vendor: COALITION OF GOVERNMENTAL ENTITIES (see Agreement)
Subject: Legal S'e'rvices - Phase,II NPDES Permit Appeal
Department: Engineering
File Class: LEG 12-1
Begin Date: O1/25/2007
End Date:
Review Date: 06/15/2010
Vault Date:
Comments: Amendment #1-3/08 #2-9/08
Legal will monitor Agreement
Fully executed copy will probably not be received
Review date for tracking only
,.
SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE
CITIES OF ANACORTES, AUBURN, BELLEVUE, BOTH ELL, BREMERTON,
BURl EN, BURLINGTON, CAMAS, DES MOINES, EVERETT, FEDERAL WAY,
FIRCREST, KENT, LONGVIEW, MARYSVILLE, MOUNT VERNON, NORMANDY
PARK, ORTING, PORT ANGELES, PULLMAN, PUYALLUP, RENTON,
RICHLAND, SAMMAMISH, SEATAC, SUMNER, UNIVERSITY PLACE AND
VANCOUVER AND KITSAP COUNTY REGARDING LEGAL SERVICES
THE INTERLOCAL AGREEMENT (as amended by the First Amendment),
hereafter the "Agreement" entered into between the Cities of Anacortes, Auburn,
Bellevue, Bothell, Bremerton, Burien, Burlington, Camas, Des Moines, Everett,
Federal Way, Fircrest, Kent, Longview, Marysville, Mount Vernon, Normandy Park,
Orting, Port Angeles, Pullman, Puyallup, Renton, Richland, Sammamish, SeaTac,
Sumner, University Place, Vancouver, and Kitsap County, and any other Phase II
Permittees that might become a party to this Interlocal known as the "Coalition of
Governmental Entities" is hereby amended as follows:
Paragraph 4.1 of the Inter/ocal is hereby amended to read as follows:
4.1 Except as provideq in Paragraph 4.2 below, the Legal Services' fees and costs
shall be shared equally by all Coalition regardless of a member of the Coalition's
population or nature or any other factor distinguishing it from another member of the
Coalition. This obligation shall continue through conclusion of the Legal Services as
provided in Paragraph 2 above, unless a member of the Coalition terminates its
participation in this Agreement as provided in Paragraph 5. Members of the Coalition
hereby authorize said fees and costs up to a total of $1 ,225,000. Additional fees
and/or costs may be approved by written amendment to this Agreement by Coalition.
Paragraph 4.2 of the Interlocal is hereby amended to read as follows:
4.2 The provider of Legal Services shall provide a monthly bill of its fees and costs to
Bellevue. Bellevue shall timely pay the bill on behalf of Coalition. Within 15 days of
approval of this Agreement, each member of the Coalition shall remit its agreed
share of the fees and costs to the City of Bellevue. Bellevue shall place these funds
into an interest-bearing account, with any interest derived from these funds to be
applied to the costs of the provider of Legal Services. At the time of the initial drafting
of the Interlocal Agreement, 33 governmental entities had committed to joining this
appeal; and paying estimated fees and costs up to $275,000, with the proportionate
share of each member of the Coalition being $8,333.33. Due to increased costs
associated with the Permit cross-appeal filed by Puget Sound keepers Alliance and
others, the Coalition has subsequently authorized additional fees and costs of up to
$650,000, and by this second amendment an increase of $300,000, for a total of fees
and costs of up to $1,225,000. These additional fees and costs are to be paid in full
through contributions from each member of the Coalition in an amount determined
according to agreement between the members and with consideration given to the
financial ability of members to pay. In the event Bellevue must take legal action to
collect any amount due from a member of the Coalition, Bellevue shall be entitled to
recover all costs for said action including reasonable attorney's fees.
Paragraph 4.3 is hereby amended to read as follows:
All other provisions of the Coalition Interlocal Agreement remain in full force and
effect.
IN WITNESS, the parties below execute this First Amendment to the Coalition
Interlocal Agreement which shall become effective July _,2008.
ANACORTES: AUBURN:
CITY OF ANACORTES CITY OF AUBURN
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(-) - (Telephone) (-) - (Telephone)
(-) - (Facsimile) (-) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
BEllEVUE
BOTHEll:
CITY OF BEllEVUE
CITY OF BOTHEll
By:
By:
Print Name:
Its:
Date:
Print Name:
Its:
Date:
NOTICES TO BE SENT TO:
NOTICES TO BE SENT TO:
(-)
(-)
(Telephone) (_)
(Facsimile) (_)
(Telephone)
(Facsimile)
APPROVED AS TO FORM:
APPROVED AS TO FORM:
BREMERTON
BURIEN:
CITY OF BURIEN
B.
By:
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Its: fV\()..,j() v
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ate: L1-..30'Ql!>
. t Name:
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NOTICES TO BE SENT TO:
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(Facsimile) (_)
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APPROVED itO, FORM:
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APPROVED AS TO FORM:
Contract Number:
Vendor:
Subject:
Department:
File Class:
Begin Date:
End Date:
Review Date:
Vault Date:
Comments:
4623
COALITION OF GOVERNMENTAL ENTITIES (see Agreement)
Legal Services - Phase II NPDES Permit Appeal
Engineering
LEG 12-1
01/25/2007
06/15/2009
Amendment #1-3/08
Legal will monitor Agreement
Fully executed copy will probably not be received
Review date for tracking only
FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BElWEEN THE
CITIES OF ANACORTES, AUBURN, BELLEVUE, BELLINGHAM, BOTH ELL,
BREMERTON, BUCKLEY, BURIEN, BURLINGTON, CAMAS, DES MOINES,
ELLENSBURG, EVERETT, FEDERAL WAY, FIRCREST, KENNEWICK, KENT,
LONGVIEW,
MARYSVILLE, MOUNT VERNON, NORMANDY PARK, ORTING, PORT
ANGELES, PULLMAN, PUYALLUP, RENTON, RICHLAND, SAMMAMISH,
SEATAC, SUMNER, UNIVERSITY PLACE AND VANCOUVER AND KITSAP
COUNTY REGARDING LEGAL SERVICES
THE INTERLOCAL AGREEMENT ("Agreement") entered into between the
Cities of Anacortes, Auburn, Bellevue, Bellingham, Bothell, Bremerton, Buckley,
Burien, Burlington, Camas, Des Moines, Ellensburg, Everett, Federal Way, Fircrest,
Kennewick, Kent, Longview, Marysville, Mount Vernon, Normandy Park, Orting, Port
Angeles, Pullman, Puyallup, Renton, Rich/and, Sammamish, SeaTac, Sumner,
University Place, Vancouver, and Kitsap County, and any other Phase II Permittees
that might become a party to this Interlocal known as the "Coalition of Governmental
Entities" is hereby amended as follows:
The names of Bellingham, Buckley, Ellensburg and Kennewick shall be stricken from
the Coaltion Interlocal Agreement as these jurisdictions have withdrawn from the
Coalition pursuant to notice given under Paragraph 5.1 of the Interlocal and have
withdrawn from the litigation related to the Phase II permits.
Paragraph 4.1 of the Interlocal is hereby amended to read as follows:
4.1 Except as provided in Paragraph 4.2 below, the Legal Services' fees and costs
shall be shared equally by all Coalition regardless of a member of the Coalition's
population or nature or any other factor distinguishing it from another member of the
Coalition. This obligation shall continue through conclusion of the Legal Services as
provided in Paragraph 2 above, unless a member of the Coalition terminates its
participation in this Agreement as provided in Paragraph 5. Members of the Coalition
hereby authorize said fees and costs up to a total of $925,000. Additional fees
and/or costs may be approved by written amendment to this Agreement by Coalition.
Paragraph 4.2 of the Interlocal is hereby amended to read as follows:
4.2 The provider of Legal Services shall provide a monthly bill of its fees and costs to
Bellevue. Bellevue shall timely pay the bill on behalf of Coalition. Within 15 days of
approval of this Agreement, epch member of the Coalition shall remit its agreed
share of the fees and costs to the City of Bellevue. Bellevue shall place these funds
into an interest-bearing account, with any interest derived from these funds to be
applied to the costs of the provider of Legal Services. At the time of the initial drafting
of the Interlocal Agreement, 33 governmental entities had committed to joining this
appeal; and paying estimated fees and costs up to $275,000, with the proportionate
share of each member of the Coalition being $8,333.33. Due to increased costs
associated with the Permit cross-appeal filed by Puget Sound keepers Alliance and
others, the Coalition hereby authorizes additional fees and costs of up to $650,000,
for a total of fees and costs of up to $925,000. These additional fees and costs are to
be paid in full through contributions from each member of the Coalition in an amount
determined according to agreement between the members and with consideration
given to the financial ability of members to pay. In the event Bellevue must take
legal action to collect any amount due from a member of the Coalition, Bellevue shall
be entitled to recover all costs for said action including reasonable attorney's fees.
Paragraph 4.3 is hereby amended to read as follows:
4.3 Except as provided in Paragraph 4.2 above, in the event additional
governmental entities join this Agreement, the share of each member of the Coalition
shall be reduced accordingly. In the event fewer governmental agencies participate
in this Agreement or terminate their participation, the share of each remaining
participating member of the Coalition shall increase accordingly.
All other provisions of the Coalition Interlocal Agreement remain in full force and
effect.
IN WITNESS, the parties below execute this First Amendment to the Coalition
Interlocal Agreement which shall become effective January _' 2008.
ANACORTES: AUBURN:
CITY OF ANACORTES CITY OF AUBURN
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
( ) - (Telephone) ( ) - (T elephone )
r C_) - (Facsimile)
~ APPROVED AS TO FORM:
--
(-)
(Facsimile)
APPROVED AS TO FORM:
--
BEllEVUE
CITY OF BELLEVUE
By:
Print Name:
Its:
Date:
NOTICES TO BE SENT TO:
(-)
(-)
BOTHEll:
CITY OF BOTH ELL
By:
Print Name:
Its:
Date:
NOTICES TO BE SENT TO:
(Telephone ) (_)
(Facsimile) (_)
APPROVED AS TO FORM:
BREMERTON
By:
I Print Name: # t>'l.-Ej
: Its: t11~
l Date: -- - - 2/- uP
I NOTICES TO BE SENT TO:
,-~-~==="=-=--~,--,-====,===,=:===-="'~--~--,~-----~~:-
(Telephone )
(Facsimile)
APPROVED AS TO FORM:
BURIEN:
~-L__
CITY OF BURIEN
By:
Print Name:
Its:
Date:
NOTICES TO BE SENT TO:
--===--==--~--=~=--::=-~=.,.-.,.,=",==------ -----=o~_:."'_c;.===--
(-) - (Telephone) (-) - (Telephone)
(-) - (Facsimile) (-) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
BURLINGTON: CAMAS:
CITY OF BURLINGTON CITY OF CAMAS
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(-) - (Telephone) (-) - (Telephone)
(-) - (Facsimile) (-) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
DES MOINES EVERETT:
CITY OF DES MOINES CITY OF EVERETT
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(-) - (Telephone) (-) - (Telephone)
(-) - (Facsimile) (-) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
FEDERAL WAY: FIRCREST:
CITY OF FEDERAL WAY CITY OF FIRCREST
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(-) - (Telephone) (-) - (Telephone)
(-) - (Facsimile) (-) - (Facsimile)
APPROVED AS TO FORM:
KENT: LONGVIEW:
CITY OF KENT CITY OF LONGVIEW
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(-) - (Telephone) (-) - (Telephone)
(-) - (Facsimile) (-) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
MARYSVILLE: MOUNT VERNON:
CITY OF MARYSVILLE CITY OF MOUNT VERNON
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(-) - (Telephone) (-) - (Telephone)
(-) - (Facsimile) (-) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
NORMANDY PARK: ORTING:
CITY OF NORMANDY PARK CITY OF ORTING
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(-) - (Telephone) (-) - (Telephone)
(-) - (Facsimile) (-) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
PORT ANGELES: PULLMAN:
CITY OF PORT ANGELES CITY OF PULLMAN
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(-) - (Telephone) (-) - (Telephone)
(-) - (Facsimile) (-) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
PUY ALLUP: RENTON
CITY OF PUY ALLUP CITY OF RENTON
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(-) - (Telephone) (-) - (Telephone)
(-) - (Facsimile) (-) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
RICHLAND: SAMMAMISH
CITY OF RICHLAND CITY OF SAMMAMISH
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(-) - (Telephone) (-) - (Telephone)
(-) - (Facsimile) (-) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
SEATAC: SUMMNER:
CITY OF SEATAC CITY OF SUMMNER
By: By:
Print Name:
Print Name: Its:
Its: Date:
Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(-) - (Telephone) (-) - (Telephone)
(-) - (Facsimile) (-) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
UNIVERSITY PLACE: VANCOUVER:
CITY OF UNIVERSITY PLACE CITY OF VANCOUVER
By: By:
Print Name:
Print Name: Its:
Its: Date:
Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(-) - (Telephone) (-) - (Telephone)
(-) - (Facsimile) (-) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
KITSAP COUNTY:
KITSAP COUNTY
By:
Print Name:
Its:
Date:
NOTICES TO BE SENT TO:
(-) - (Telephone)
(-) - (Facsimile)
APPROVED AS TO FORM:
Vendor
Subject
Department
Status Code
Amount
Begin Date
End Date
Review Date
Insurance
Comments
Contract Number
4623
COALITION OF GOVERNMENTAL
Legal Services - Phase II
Engineering
PRO File Class
ENTITIES (see Agreement)
NPDES Permit Appeal
LEG 12-1
$8333.33
01/25/2007
06/15/2008
GL $
AL $
E&O $
Insurance Total $
Insurance Review Date
Legal will monitor Agreement
Review date for tracking only
INTERLOCAL AGREEMENT BElWEEN THE CITIES OF ANACORTES, AUBURN,
BELLEVUE, BELLINGHAM, BOTHELL, BREMERTON, BUCKLEY, BURl EN,
BURLINGTON, CAMAS, DES MOINES, ELLENSBURG, EVERETT, FEDERAL WAY,
FIRCREST, KENNEWICK, KENT, LONGVIEW,
MARYSVILLE, MOUNT VERNON, NORMANDY PARK, ORTING, PORT ANGELES,
PULLMAN, PUYALLUP, RENTON, RICHLAND, SAMMAMISH, SEATAC, SUMNER,
UNIVERSITY PLACE AND VANCOUVER AND KITSAP COUNTY REGARDING LEGAL
SERVICES
THIS INTERLOCAL AGREEMENT ("Agreement") is entered into between the Cities
of Anacortes, Auburn, Bellevue, Bellingham, Bothell, Bremerton, Buckley, Burien,
Burlington, Camas, Des Moines, Ellensburg, Everett, Federal Way, Fircrest, Kennewick,
Kent, Longview, Marysville, Mount Vernon, Normandy Park, Orting, Port Angeles, Pullman,
Puyallup, Renton, Richland, Sammamish, SeaTac, Sumner, University Place, Vancouver,
and Kitsap County and any other Phase II Permittees that might join this Coalition of
Governmental Entities (collectively, "Coalition").
REelT ALS
1. The members of the Coalition are public agencies as defined by Ch. 39.34 of the
Revised Code of Washington, and may enter into interlocal agreements on the basis of
mutual advantage to provide services and facilities in the manner and pursuant to forms of
governmental organization that will accord best with geographic, economic, population, and
other factors influencing the needs and development of local communities.
2. The Phase II National Pollutant Discharge Elimination System (NPDES) Permit is
required under provisions of the Federal Clean Water Act and requires members of the
Coalition in Washington to develop and maintain storm water programs. The Department of
Ecology (DOE) has adopted standards (DOE Standards) purportedly under the NPDES
Permit authority that may impose costly burdens on landowners, including members of the
Coalition and may also cause costly legal challenges to members of the Coalition as a result
of enforcing DOE Standards.
3. The potential impact of the DOE Standards on members of the Coalition and
property owners is so significant and far-reaching, members of the Coalition are joining
together to explore all legal and other avenues available to challenge the DOE Standards
including but not limited to filing an appeal with the Pollution Control Hearings Board. The
appeal deadline is February 16, 2007, the effective date of the DOE Standards. Members
of the Coalition wish to retain outside counsel (Counsel) to represent the Coalition in said
legal challenge(s) and wish to collectively pay Counsel as further set forth below.
NPDES INTERLOCAL AGREEMENT
Page 1 of 14
4. NOW THEREFORE, in consideration of the terms and provisions contained
herein, Coalition agrees as follows:
AGREEMENT
1. Purpose: It is the purpose of this Agreement to have the Coalition collectively pay
for the legal services of Foster Pepper PLLC (Legal Services) to represent the Coalition's
interests in any legal challenges to the NPDES Phase II permits (Litigation).
2. Duration: This Agreement shall be effective January 25, 2007, irrespective of the
date members of the Coalition execute this Agreement. Unless terminated by any party in
accordance with Paragraph 5, Termination, the Agreement shall remain in full force and
effect through conclusion of the Legal Services either through settlement of the dispute with
the State of Washington, Pollution Control Hearings Board order, court order or other court
disposition by the highest court authorized to hear an appeal of this matter, and/or other
mutual resolution of the legal challenge or Legal Services as agreed to among members of
the Coalition as provided in Paragraph 5.2 of this Agreement.
3. Administration: Coalition shall enter into a Joint Prosecution Agreement for the
administration of the Legal Services and Litigation. Said Joint Prosecution Agreement shall
include, but need not be limited to, a confidentiality agreement, establishing a structure for
the administration and oversight of the Legal Services and Litigation that is efficient and
effective given the number of Coalition who are parties to this Agreement, including
oversight of the legal costs incurred pursuant to this Agreement and any other subjects
necessary or appropriate to the administration of the Legal Services and prosecution of the
Litigation. If this Agreement is effective prior to finalizing the Joint Prosecution Agreement,
Coalition authorize the City of Bellevue to be Lead Agency to do all things necessary and/or
appropriate to pursue the Litigation on behalf of Coalition including but not limited entering
into an agreement for Legal Services as contemplated herein.
4. Payment:
4.1 The Legal Services' fees and costs shall be shared equally by all Coalition
regardless of a member of the Coalition's population or nature or any other factor
distinguishing it from another member of the Coalition. This obligation shall continue
through conclusion of the Legal Services as provided in Paragraph 2 above, unless a
member of the Coalition terminates its participation in this Agreement as provided in
Paragraph 5. Members of the Coalition hereby authorize said fees and costs up to a total of
$275,000. Additional fees and/or costs may be approved by written amendment to this
Agreement by Coalition.
4.2 The provider of Legal Services shall provide a monthly bill of its fees and
costs to Bellevue. Bellevue shall timely pay the bill on behalf of Coalition. Within 15 days of
approval of this Agreement, each member of the Coalition shall remit its proportionate share
NPDESThITERLOCALAGREEMENT
Page 2 of 14
of the fees and costs to the City of Bellevue. Bellevue shall place these funds into an
interest-bearing account, with any interest derived from these funds to be applied to the
costs of the provider of Legal Services. At the time of drafting of this Agreement 33
governmental entities have committed to joining this appeal; therefore the proportionate
share of each member of the Coalition is $8,333.33. In the event Bellevue must take legal
action to collect any amount due from a member of the Coalition, Bellevue shall be entitled
to recover all costs for said action including reasonable attorney's fees.
4.3 In the event additional governmental entities join this Agreement, the
proportionate share of each member of the Coalition shall be reduced accordingly. In the
event fewer governmental agencies participate in this Agreement or terminate their
participation, the proportionate share of each remaining participating member of the
Coalition shall increase accordingly.
4.4 While it is recognized that some members of the Coalition may not be
able to sign this Agreement before February 16, 2007, it is agreed that the members will
benefit from the Legal Services provided herein. Therefore, it is presumed that a member of
the Coalition which enters and signs this Agreement agrees to pay for Legal Services
performed as of January 25, 2007, regardless of the date of signing. Adjustments to
amounts previously billed and received by Bellevue due to later joining members of the
Coalition will be reconciled on a semi annual basis.
5. Termination:
5.1 Termination by Notice: Any participating member of the Coalition may
terminate its participation in this Agreement by providing at least three months prior written
notice to all other participating members. The terminating member must pay the full share of
the Legal Services Fees and Costs due through the date of termination three months from
the date of Notice. Should it become necessary to amend this Agreement to increase the
authorized total amount of fees and costs set forth in Paragraph 4.1, or a member's
proportionate share pursuant to Paragraph 4.3, any member may terminate its participation
in this Agreement by providing written notice to all other participating members within 15
days of receiving written notice of the request to amend fees and costs. This termination
shall not affect the obligation of the terminating member to pay its full share of the currently
authorized Legal Services Fees and Costs. Except as provided in Paragraph 5.2, the
termination of a member's participation in this Agreement shall not result in the termination
of this Agreement with respect to other members of the Coalition.
5.2 Termination by Mutual Written Agreement. This Agreement may be
terminated at any time by mutual written agreement of a majority of the then participating
members of the Coalition. Members shall be obligated to pay for Legal Services incurred to
the date of Notice to the provider of Legal Services that its services are no longer needed
and any reasonable additional fees and costs necessary to conclude its Legal Services.
5.3 Distribution of Assets upon Termination. It is not anticipated that any
assets will be acquired as a result of participating in this Agreement. If, however, any
NPDES INTERLOCAL AGREEMENT
Page 3 of14
assets are acquired with joint funds of the Members of the Coalition, those assets will be
equally divided among the members at the asset's fair market value upon termination. The
value of the assets shall be determined by using commonly accepted methods of valuation.
Additionally, any funds remaining in the interest-bearing account following conclusion of all
Legal Services shall be equally divided among the members of the Coalition.
6. Miscellaneous:
6.1 Amendments. This Agreement may only be amended by mutual written
agreement of the members of the Coalition.
6.2 Severability. If any section of this Agreement is adjudicated to be invalid,
such action shall not affect the validity of any section not so adjudicated.
6.3 Interpretation. The legal presumption that an ambiguous term of this
Agreement should be interpreted against the party who prepared the Agreement shall not
apply.
6.4 Ownership of Property. Any property owned and used by Bellevue in
connection with this Agreement shall remain the property of Bellevue and any property
owned and used by any other participating member of the Coalition shall remain the
property of that member, unless otherwise specifically provided in this Agreement or its
amendment.
6.5 Notice. All communications regarding this Agreement will be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice shall become effective upon personal service or three (3)
business days after the date of mailing by registered or certified mail, and will be deemed
sufficiently given if sent to the addressee at the address stated in this Agreement or any
other address if later specified in writing. Except for the requirement of Notice as provided
in this Agreement, nothing herein shall be construed to prevent the members of the Coalition
from communicating among themselves by email, fax or other electronic means. Any
governmental agency not specifically named herein, that later joins in this Agreement, shall
give to all members of the Coalition then participating under this Agreement written notice of
the name and address of the person that can accept notices on behalf of such joining
governmental agency.
6.6 Counterparts. This Agreement may be entered into with any number of
counterparts which, taken collectively, will constitute one entire agreement.
6.7 Ratification and Confirmation. All acts taken prior to the effective date of
this Agreement that are consistent with the intent and purpose of the same are hereby
ratified and confirmed retroactive to January 25,2007.
6.8 Dispute Resolution. Should any dispute arise among members of the
Coalition or between one or more members related to the interpretation, application or
NPDESUNTERLOCALAGREEMENT
Page 4 of 14
administration of this Agreement, the disputing parties shall participate in a good faith
mediation effort to resolve their differences prior to bringing any legal action.
6.9 Compliance with RCW 39.34.040. Members of the Coalition entering into
this Agreement shall be responsible for ensuring that it is filed in accordance with RCW
39.34.040.
IN WITNESS, the parties below execute this Agreement, which shall become
effective February , 2007.
ANACORTES: AUBURN:
CITY OF ANACORTES CITY OF AUBURN
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
L) - (Telephone) L) - (Telephone)
L) - (Facsimile) L) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
NPDESThITERLOCALAGREEMENT
Page 5 of 14
BEllEVUE
BELLINGHAM:
CITY OF BELLEVUE
By:
CITY OF BELLINGHAM
By:
Print Name:
Its:
Date:
Print Name:
Its:
Date:
NOTICES TO BE SENT TO:
NOTICES TO BE SENT TO:
L)
L)
(Telephone ) L)
(Facsimile) L)
(Telephone )
(F acsimile)
APPROVED AS TO FORM:
APPROVED AS TO FORM:
BOTHEll
BREMERTON:
CITY OF BOTH ELL
By:
Print Name:
Its:
Date:
Print Na e: c.1"1..t'\.\ ~ "'Z.:eMGL.l'\
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Page 6 of14
BUCKLEY: BURIEN:
CITY OF BUCKLEY CITY OF BURIEN
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
L) - (Telephone) L) - (Telephone)
L) - (Facsimile) L) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
BURLINGTON: CAMAS:
CITY OF BURLINGTON CITY OF CAMAS
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
L) - (Telephone) L) - (Telephone)
NPDESThITERLOCALAGREEMENT
Page 7 of 14
L) - (Facsimile) L) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
DES MOINES: ELLENSBURG:
CITY OF DES MOINES CITY OF ELLENSBURG
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
L) - (Telephone) L) - (Telephone)
L) - (Facsimile) L) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
EVERETT: FEDERAL WAY:
CITY OF EVERETT CITY OF FEDERAL WAY
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
NPDESThITERLOCALAGREEMENT
Page 8 of 14
LJ - (Telephone) L) - (Telephone)
L) - (Facsimile) L) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
FIRCREST: KENNEWICK:
CITY OF FIRCREST CITY OF KENNEWICK
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
L) - (Telephone) L) - (Telephone)
L) - (Facsimile) L) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
KENT: LONGVIEW:
CITY OF KENT CITY OF LONGVIEW
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
NPDESThITERLOCALAGREEMENT
. Page 9 of 14
L) - (Telephone) L) - (Telephone)
L) - (Facsimile) L) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
MARYSVILLE: MOUNT VERNON:
CITY OF MARYSVILLE CITY OF MOUNT VERNON
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
L) - (Telephone) L) - (Telephone)
L) - (Facsimile) L) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
NORMANDY PARK:
ORTING:
CITY OF NORMANDY PARK
CITY OF ORTING
By:
By:
NPDESThITERLOCALAGREEMENT
Page 10 of14
Print Name: Print Name:
Its: . Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
L) - (Telephone) L) - (Telephone)
L) - (Facsimile) L) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
PORT ANGELES: PULLMAN
CITY OF PORT ANGELES CITY OF PULLMAN
By:
By:
Print Name:
Its: Print Name:
Date: Its:
Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
L) - (Telephone) L) - (Telephone)
L) - (Facsimile) L) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
NPDES INTERLOCAL AGREEMENT
Page 11 of 14
PUY ALLUP: RENTON
CITY OF PUY ALLUP CITY OF RENTON
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
L) - (Telephone) L) - (Telephone)
L) - (Facsimile) L) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
RICHLAND: SAMMAMISH:
CITY OF RICHLAND CITY OF SAMMAMISH
By: By:
Print Name:
Print Name: Its:
Its: Date:
Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
L) - (Telephone) L) - (Telephone)
L) - (Facsimile) L) - (Facsimile)
NPDESThITERLOCALAGREEMENT
Page 12 of14
I APPROVED AS TO FORM:
I APPROVED AS TO FORM:
SEATAC: SUMNER:
CITY OF SEAT AC CITY OF SUMNER
By: By:
Print Name:
Print Name: Its:
Its: Date:
Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
L) - (Telephone) L) - (Telephone)
L) - (Facsimile) L) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
UNIVERSITY PLACE: VANCOUVER:
CITY OF UNIVERSITY PLACE CITY OF VANCOUVER
By: By:
Print Name:
Print Name: Its:
Its: Date:
Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
NPDESThITERLOCALAGREEMENT
Page 13 of 14
LJ - (Telephone) L) - (Telephone)
L) - (Facsimile) L) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
KITSAP COUNTY:
KITSAP COUNTY
By:
Print Name:
Its:
Date:
NOTICES TO BE SENT TO:
L) - (Telephone)
L) - (Facsimile)
APPROVED AS TO FORM:
NPDES INTERLOCAL AGREEMENT
Page 14 of 14