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HomeMy WebLinkAbout5.823 Original Contract LEGAL DEPARTMENT William E. Bloor City Attorney [4531] Dennis Dickson Sr. Assistant City Attorney [4532] Heidi L. Greenwood Assistant City Attorney [4562] Candace Kathol Legal Assistant [4536] Diana Lusby Legal Administrative Assistant [4530] Jeanie DeFrang Legal Administrative Assistant [4530] RandlFelton Legal Records Specialist [4576] 5. g~3 ~. JOR)!:');.' NrG' 'E,-it" E,.,IS" . ~ 'I I Ii" I, I I I : --'" ~ ~ I > ' I j I ~ '~_J ' f _ ~ , ~/ , , WAS H I N G TON, U. S. A. TO: Becky Upton, City Clerk FROM: William E. Bloor, City Attorney DATE: July 31,2008 RE: NPDES 2nd Amendment to Interlocal Agreement Attached for your records is an original of the Agreement referenced above. Only City of Port Angeles signatures are reflected on the document. t&1! William E. 'Bloor, City Attorney Attachment WEB\dl G ILEGALIMEMOS 2008\Upton 073108 NPDES 2nd Amend wpd 5. gOl~ SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT BElWEEN THE CITIES OF ANACORTES, AUBURN, BELLEVUE, BOTH ELL, 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 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 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 $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: LJ - (Telephone) LJ - (Telephone) LJ - (Facsimile) LJ - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: BEllEVUE BOTHEll: CITY OF BELLEVUE CITY OF BOTH ELL 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: BREMERTON BURIEN: CITY OF BREMERTON CITY OF BURIEN 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: 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: LJ - (Telephone) LJ - (Telephone) LJ - (Facsimile) LJ - (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: LJ - (Telephone) LJ - (Telephone) LJ - (Facsimile) LJ - (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: LJ - (Telephone) LJ - (Telephone) LJ - (Facsimile) LJ - (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: LJ - (Telephone) LJ - (Telephone) LJ - (Facsimile) LJ - (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: LJ - (Telephone) LJ - (Telephone) LJ - (Facsimile) LJ - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: NORMANDY PARK: ORTING: CITY OF NORMANDY PARK CITY OF ORTING By: By: Print Name: Its: Date: Print Name: Its: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: LJ - (Telephone) LJ - (Telephone) LJ - (Facsimile) LJ - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: PORT ANGELES: PULLMAN: CITY OF PORT ANGELES CITY OF PULLMAN BY:~~_~ Print N me: Mark . Madsen Its: City Manager Date: ~(Jr..tl) 2-a::;t2; NOTICES TO BE SENT TO: City of Port Angeles Attn: William E. Bloor, City Attorney P.O. Box 1150, 321 E. Fifth Street Port Angeles, WA. 98362 By: Print Name: Its: Date: NOTICES TO BE SENT TO: (360) 417-4530 (Telephone) (360) 417 -4529 (Facsimile) LJ LJ (Telephone) (Facsimile) ~p OVED AS lJ>- ,/1 ( / /~ / William E. Bloor, City Attorney APPROVED AS TO FORM: PUY ALLUP: RENTON CITY OF PUY ALLUP By: CITY OF RENTON By: Print Name: Print Name: Its: Its: Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: LJ - (Telephone) LJ - (Telephone) LJ - (Facsimile) LJ - (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: LJ - (Telephone) LJ - (Telephone) LJ - (Facsimile) LJ - (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: LJ - (Telephone) LJ - (Telephone) LJ - (Facsimile) LJ - (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: LJ - (Telephone) LJ - (Telephone) LJ - (Facsimile) LJ - (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: 5. <3~:3 " r JOINT PROSECUTION AND CONFIDENTIALITY AGREEMENT By lnterlocal Agreement, the undersigned parties established and/ or joined the Coalition of Governmental Entities to identify legal and other avenues available to appeal, challenge, or revise certain terms and conditions of the Washington Department of Ecology's recently issued Phase II National Pollutant Discharge Elimination System (NPDES) Permit (phase II Storm Water Permit) which requires members of the Coalition to develop and maintain storm water management programs. The Coalition was also formed to share information with regard to compliance strategies associated with the Phase II Storm Water Permit. Certain terms and conditions of the Phase II Storm Water Permit may be difficult and/ or impossible to comply with, may impose costly burdens on the public and members of the Coalition, and may also subject Coalition members to legal challenges by third parties. The Coalition's litigation associated with the Phase II Storm Water Permit includes, but may not be limited to, pursuing an appeal before the Pollution Control Hearings Board (PCHB) and filing an action in Superior Court. Based on terms of the lnterlocal Agreement, the Coalition retained outside counsel (Counsel) to represent the Coalition. Both the PCHB and the Superior Court action have been filed. Section 3 of the lnterlocal Agreement directs creation of a Joint Prosecution Agreement for the administration of the Coalition's legal services and litigation, which section reads in relevant part as follows: .,..:~.\"'~.~_:'~'l':"'''''' '4", ! ~.J' "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." Recitals and Common Understandings This Agreement is intended to apply to each and every Coalition member, their attorney(s), employees, consultants, and agents. The Parties share a mutuality of interest in a common legal enterprise directed toward devising and pursuing a common legal strategy. Counsel for each party, whether serving in-house or as outside counsel, wish to pursue ethically the separate but common interests of their client(s) without waiving any protections of the attorney-client privilege and the work product doctrine. Accordingly, any information or materials which otherwise would be protected from disclosure to third parties will remain confidential despite being made available to cooperating counsel and their clients. The Parties hereby enter into the following Joint Prosecution Confidentiality Agreement, which is executed on their behalf by their duly authorized respective counseL This Agreement, to cooperate in a joint prosecution effort on a confidential and privileged basis, is pursuant to the joint prosecution privilege as recognized in such cases as Wilson P. Abraham Construction Corp. v. Annco Steel Corp., 559 F.2d 250, 253 (5th Cir. 1977), and United States v. Melvin, 650 F.2d 641, 645-46 (5th Cir. 1981). The Parties further agree that the materials described herein are not routinely available in discovery during litigation, all as described NLRB v. Sears, 421 U.S. 132 (1975). The Parties have concluded that, from time to time, their mutual interests will be best served by having their respective counsel share documents, oral representations, factual material, mental impressions, memoranda, witness statements, interview reports, and other information, including the confidences of the Parties (hereinafter "joint prosecution materials "), on the understanding and agreement that: (a) joint prosecution materials transmitted among counsel may contain confidential and privileged attorney-client communications; (b) joint prosecution materials transmitted among counsel may contain attorney work product similarly privileged; and (c) joint prosecution materials transmitted among counsel may contain materials protected by otherwise applicable privileges and rules of confidentiality. Each Party agrees to take necessary and appropriate measures in good faith to protect information that is pooled and' shared = between the Parties"! for purposes -of pursuing the Appeal or other litigation pursued jointly by the Coalition, and such pooled or shared privileged information will not be disclosed to any non-party without the prior written consent of the Steering Committee. Although the Parties agree to pool and share information for purposes of pursuing the Coalition's legal objectives, no Party is obliged to share all information in its possession. The entities signing the Interlocal Agreement are collectively referenced as "the Coalition of Government Agencies (Coalition)". Members of the Coalition and their respective attorney(s) are collectively referenced as the "Parties" and individually as a "Party." The Parties agree that they have common and mutual interests in the Prosecution of the PCHB Appeal and the Superior Court litigation, as well as related litigation matters as authorized by the Coalition.. In order to facilitate a COllunon Prosecution of the Appeal (and other litigation as authorized by the Coalition), the Parties agree as follows; 2 Agreement 1. Toint Prosecution Materials. The Parties agree it is in their mutual best interests to cooperate with each other and to share certain information protected by the attorney-client privilege, the work product doctrine, and the joint Prosecution privilege in order to mutually assert common and/ or joint Prosecutions to the claims that are or may be asserted in the Appeal, the Superior Court litigation, or related litigation authorized by the Coalition (collectively "Appeal-Related Litigation"). To further their common interests, the Parties intend to exchange privileged and work product information, both orally and in documents, possibly including but not limited to factual analyses, mental impressions, legal memoranda, conduct and prepare reports of witness interviews, draft briefs and pleadings, and other information ("Joint Prosecution Materials"). The Parties would not disclose to any of the other Parties such Joint Prosecution Materials but for their mutual and common interests in Prosecution of the Appeal-Related Litigation and but for the undertakings in this Agreement. The Parties agree that such disclosure of Joint Prosecution Materials is not intended to waive any applicable privilege or protection, and the Parties waive any argument to the contrary. 2. Confidentiality and Nondisclosure Obligations. The Parties agree to maintain the confidentiality of all Joint Prosecution Materials. Except as may be required by court order, or permitted by agreement of all Parties who have not withdrawn under Section 5 below, none of the Parties will disclose Joint Prosecution Materials to any person or entity -other than -a"-'Party who has not withdfawn from this Agreement. The - Parties'~- - - : - .: - ~ - - -' : agree they will use Joint Prosecution Materials solely in connection with the Appeal- Related Litigation and for no other purpose. The Parties cannot use materials obtained pursuant to this Agreement in actions against each other, but must request the materials through normal discovery procedures, whether formal or informal, so that appropriate privileges can be asserted. In the event a Party receives a request, including, without limitation a subpoena or public records request under the Washington Public Disclosure Act, Ch. RCW 42.56, for the production of Joint Prosecution Materials, that Party will so notify all other Parties, and will take appropriate steps to oppose production of the requested Joint Prosecution Materials, including, but not limited to, seeking a protective order, and promptly giving all other Parties copies of said request(s) and the opportunity to seek a protective order against such disclosure. This Agreement does not prohibit disclosure by a Party of materials which that Party alone has prepared or obtained, which contain no privileged or protected information obtained directly or indirectly from another Party, and which are Joint Prosecution Materials only because that Party has delivered them to other Parties; nor does this Agreement prevent a Party from using in connection with the Prosecution of claims asserted in the Appeal-Related Litigation nonprivileged facts, documents, and theories which are learned or derived from Joint Prosecution Materials. 3. No Waivers. This Agreement does not create any agency or similar relationship among the Parties. No Party shall have authority to waive any applicable privilege or doctrine on behalf of any other Party; nor shall any waiver of an applicable privilege or doctrine by the conduct of any Party be construed to apply to any other Party . 3 4. Separate and Independent Representation. Nothing in this Agreement shall be construed to affect the separate and independent representation of the Parties by their respective counsel. Counsel for any individual party to this Agreement does not represent any other party in the Litigation, but will cooperate with other Parties to this Agreement and counsel for other Parties. The scope of cooperation shall be strictly limited to the Litigation and no other matters. Counsel for individual Parties assumes no duty to communicate with other counsel pursuant to RPC 1.4. Each Party agrees to waive any claim it might have for disqualification of counsel for any other Party in the Appeal-Related Litigation or other proceedings based upon access to Joint Prosecution Materials. Nothing in the Agreement is intended to interfere with any attorney's obligation to ethically and properly represent their client(s). It is agreed that nothing herein will be deemed to create any attorney-client relationship between any of the undersigned counsel and anyone other than the respective client of that counsel as listed below. 5. Cooperation and Duties Continuing After Withdrawal. Each of the Parties participating in, or otherwise admitted to, this endeavor shall cooperate with the Steering Committee established by this Agreement. In that regard, each Party hereto, whether involved by participation, admission, or otherwise, hereby covenants and agrees that, in the event of withdrawal, each such Party shall not sue, harass, or in any form or manner interfere with the Coalition created by the Interlocal Agreement or with any of the remaining Parties, except as necessary to obtain the return of funds as providea- in the Interlocal Agreement.- - This covenant shall specifically -prhliibiCtne sharing of any information obtained in any manner, directly or indirectly, as a result of the withdrawing party's involvement in the Coalition or otherwise pursuant to this Agreement unless otherwise required by public disclosure laws. Any Party to this Agreement may withdraw on prior written notice to all other Parties. Any withdrawing Party shall continue to be bound by this Agreement with regard to any Joint Prosecution Materials received, divulged, or obtained at any time, and this Agreement will continue to protect all Joint Prosecution Materials disclosed to the withdrawing Party. Upon withdrawal, the withdrawing Party will prospectively cease to be entitled to receive any Joint Prosecution Materials, and must return to the sender all Joint Prosecution Materials received after the withdrawal. In the event a Party settles and! or withdraws from the Appeal-Related Litigation, that Party and its counsel will be deemed to have withdrawn as of the date of its settlement agreement or withdrawal, whichever occurs first. Any settling Party and its counsel must continue to keep in confidence and not disclose to any other individual or entity, any Joint Prosecution Materials received, divulged, or obtained by that Party or its counsel. If a Party's counsel ceases to be counsel for that Party, such counsel will be deemed to have withdrawn from this Agreement. 6. Duration of cooperation. Duration of Cooperation between the Parties shall continue until the completion of the Litigation or upon mutual termination of this Joint Prosecution Agreement by the Parties. 7. Settlement. No settlement can be reached without agreement of all 4 members of the Coalition. 8. Creation of Coalition Steering Committee. There is hereby created a Steering Committee, comprised of the following individuals who serve in some capacity as attorneys or storm-water program officials for various members of the Coalition: Bellevue--Lori Riordan, legal; Phyllis Varner, technical Burlington-Scott Thomas, legal Federal Way--Aaron Walls, legal; Paul Bucich, technical Kitsap County--Lisa Nickel, legal; Dave Tucker, technical Marysville--Grant Weed, legal; Paul Roberts, technical Puyallup--Gary McLean,legal Richland--Pete Rogalsky, technical Sammamish--Chris Bacha, legal Vancouver -- Annette Griffy, technical If it becomes necessary at an time to replace a member of the Steering Committee, the jurisdiction represented by that Committee member may appoint a substitute for the departing member. If the vacancy on the Steering Committee is occasioned by the withdrawal of his or her jurisdiction from the Coalition, the remaining members shall select a substitute Steering Committee member from amongst any volunteers from the remaining members of the Coalition. . -- - - ~ -~ ~ ~ - ~- - - ~ a. Intent and Purpose of Committee. Consistent with the underlying Interlocal Agreement establishing the Coalition and in recognition of the number of Coalition members, the Steering Committee is intended to provide an efficient and effective structure for the administration and oversight of the Legal Services provided and Appeal-Related Litigation pursued by the Coalition. The Steering Committee's function includes oversight of the legal services and costs incurred pursuant to the Interlocal Agreement and any other subjects necessary or appropriate to the administration of the Legal Services and prosecution of the Appeal-Related Litigation. b. Committee to Direct Litigation Strategy. The Steering Committee shall direct the litigation strategy in all Appeal-Related Litigation, and recommend positions on major policy decisions to the entire Coalition. Major policy decisions are defined as: 1) accepting or rejecting legal, financial or negotiated settlements, and 2) accepting new member applications or rejecting existing members. Prior to voting upon any negotiated settlement, all Coalition members shall receive by their respective governing Councilor Board, resolutions from their respective jurisdictions authorizing approval or rejection of such settlement which shall be binding upon said representative. Any jurisdiction which fails to vote upon such resolution within 30 days of transmission by fax, email, or U.S. mail to the jurisdiction of the proposed settlement shall be deemed to approve the proposed settlement. Transmission is deemed complete by transmitting the fax or email or by depositing the settlement proposal in the u.s. mail. The 5 Steering Committee may approve non-major policy decisions by majority vote, which include but are not limited to: 1) adoption of a litigation budget, 2) to approve or conclude consulting contracts, and 3) all other activities surrounding the Appeal-Related Litigation. c. Professional Services Authorized. The Steering Committee may, from time to time, approve retention of additional legat engineering, or other professional assistance to carry out the purposes of this Agreement. d. Sharing of Work Product. Information and materials developed by providers of professional services, who are retained and are compensated pursuant to the provisions of this Agreement, shall be made available to each party to this Agreement which has borne its share of the cost of providing such services in the manner provided herein. e. Confidential Meetings. To the extent the Open Public Meetings Act might apply to the Steering Committee, if at all, in order to preserve confidentiality, all meetings of the Steering Committee shall be held in executive session pursuant to RCW 42.30.110(i) and all written materials transmitted by law firms retained by the Coalition or any member or successors or associates of such law firm(s) or any party to this Agreement shall be considered exempt from public inspection and copying under RCW 42.56 unless publicly cited by the party in connection with any party action. , ~ ~. 'l.~""__.~ _~ l:... A~ _.~.. ' _ _ ~ 9. Enforcement. The Parties agree that a breach of the provisions of this Agreement by a Party will cause irreparable harm to the other Parties and therefore agree that injunctive relief is an appropriate means to enforce this Agreement. In the event that any Party hereto institutes proceedings to enforce any provision hereot the prevailing Party will be entitled to be reimbursed for reasonable costs, expenses, and attorney fees incurred. 10. Modification. This Agreement may be modified only with the written consent of all of the Parties. 11. Governing Law. This Agreement is entered into under the laws of the State of Washington. If it becomes necessary to interpret any of the Agreement's terms, it is the intent of the Parties that the laws of the State of Washington shall apply. 12. Binding Effect. This Agreement is binding upon and inures to the benefit of the Parties and their respective heirs, legatees, representatives, attorneys, successors, transferees, and assigns. 13. Severability. If any provision of this Agreement is deemed by law to be void, invalid or inoperative for any reason, that provision will be deemed modified to the extent necessary to make it valid and operative or, if it cannot be so modified, then such provision will be deemed severed from this Agreement with the remaining Agreement continuing in full force and effect as if the Agreement had been signed with the void, invalid or inoperative provision eliminated. 6 continuing in full force and effect as if the Agreement had been signed with the void, invalid or inoperative provision eliminated. 14. Successors and Assigns. This Agreement will inure to and be binding upon the successors and assigns of the signatories hereto. 15. Entire Agreement! Counterparts. This Agreement contains the entire agreement between the Parties as to its subject matter. There are no third-party beneficiaries to this Agreement. This Agreement may be signed in any number of multiple counterparts, through original and! or facsimile signature, each of which will be considered to be a duplicate original, and will be considered to be one and the same instrument. 16. Effective Date. This Joint Prosecution and Confidentiality Agreement memorializes prior oral understandings pursuant to which information may have been exchanged. The Parties mutually understand and agree that all information previously exchanged, if any, between or among the Parties for purposes of the Litigation is subject to the provisions of this Agreement and the intent of this Agreement is to maintain the confidences and privileges of the Joint Parties. This Agreement incorporates the prior intent and practice of the Parties and is effective as of January 28,2007. 17. This Agreement is executed by the Parties by and through their counsel, who sign as well on behalf of themselves. Each Parties' signature to this Agreement represents a certification that counsel for such party has" explained this Agreement to their respective client(s) and that the client agrees to abide by the understandings reflected herein. Counsel each represent and warrant that they have full power and actual authority to bind their respective client(s). 18. Additional Parties. The undersigned acknowledge that additional Parties may enter into this Agreement at a later date. Such subsequent entry by an additional party shall not be construed as a waiver of any privilege sought to be preserved by this Agreement. Dated this.:L day of July 2007. CIlY OF ANACORTES CIlYOF AUBURN By.3____. ,/ ~ Ian Munce, City Attorney By Daniel B. Heid, City Attorney CIlY OF BELLEVUE CITY OF BELLINGHAM By Lori M. Riordan, City Attorney By Joan Hoisington, City Attorney CIlY OF BOTHELL CITY OF BREMERTON 7 14. Successors and Assigns. This Agreement will inure to and be binding upon the successors and assigns of the signatories hereto. 15. Entire Agreement/Counterparts. This Agreement contains the entire agreement between the Parties as to its subject matter. There are no third-party beneficiaries to this Agreement. This Agreement may be signed in any number of multiple counterparts, through original and! or facsimile signature, each of which will be considered to be a duplicate original, and will be considered to be one and the same instrument. 16. Effective Date. This Joint Prosecution and Confidentiality Agreement memorializes prior oral understandings pursuant to which information may have been exchanged. The Parties mutually understand and agree that all information previously exchanged, if any, between or among the Parties for purposes of the Litigation is subject to the provisions of this Agreement and the intent of this Agreement is to maintain the confidences and privileges of the Joint Parties. This Agreement incorporates the prior intent and practice of the Parties and is effective as of January 28, 2007. 17. This Agreement is executed by the Parties by and through their counsel, who sign as well on behalf of themselves. Each Parties' signature to this Agreement represents a certification that counsel for such party has explained this Agreement to their --, respective -client(s) and that the client agrees to' abide by the understaridiiigs reflected' herein. Counsel each represent and warrant that they have full power and actual authority to bind their respective client(s). 18. Additional Parties. The undersigned acknowledge that additional Parties may enter into this Agreement at a later date. Such subsequent entry by an additional party shall not be construed as a waiver of any privilege sought to be preserved by this Agreement. () ~ Dated trul4-dafOf ~ 2007. CITY OF ANACORTES By Ian Munce, City Attorney By Daniel B. Heid, City Attorney CITY OF BELLEVUE CITY OF BELLINGHAM By Lori M. Riordan, City Attorney By Joan Hoisington, City Attorney CITY OF BOlHELL CITY OF BREMERTON 7 continuing in full force and effect as if the Agreement had been signed with the void, invalid or inoperative provision eliminated. 14. Sl1c(,E'ss:ors and Assigp5. This Agreement will inure to and be binding upon the successors and assigns of the signatories hereto. 15. Entire AgrE'empnt,lColmtE'rp:;}rts. This Agreement contains the entire agreement between the Parties as to its subject matter. There are no third-party beneficiaries to this Agreement. This Agreement may be signed in any number of multiple counterparts, through original and! or facsimile signature, each of which will be considered to be a duplicate original, and will be considered to be one and the same instrument. 16. Effective f1;'ltP. This Joint Prosecution and Confidentiality Agreement memorializes prior oral understandings pursuant to which information may have been exchanged. The Parties mutually understand and agree that all information previously exchanged, if any, between or among the Parties for purposes of the Litigation is subject to the provisions of this Agreement and the intent of this Agreement is to maintain the confidences and privileges of the Joint Parties. This Agreement incorporates the prior intent and practice of the Parties and is effective as of January 28, 2007. 17. This Agreement is executed by the Parties by and through their counsel, who sign as well on behalf of themselves. Each Parties' signature to this Agreement repr~s~nt;'~ c~rtificationthat co~nsel for such:partY-h;~o'explairied this Agreementto their' respective client(s) and that the client agrees to abide by the understandings reflected herein. Counsel each represent and warrant that they have full power and actual authority to bind their respective client(s). 18. Addjtional P;;1rtie5 The undersigned acknowledge that additional Parties may enter into this Agreement at a later date. Such subsequent entry by an additional party shall not be construed as a waiver of any privilege sought to be preserved by this Agreement. Dated this _ day of July 2007. CITY OF ANACORTES CITY OF AUBURN By Ian Munce, City Attorney By Daniel B. Heid, City Attorney CITY OF BELLEVUE CITY OF BELLINGHAM By XIk" n-.. ~ Lori M. Riordan, City Attorney By Joan Hoisington, City Attorney CITY OF BOTHELL CITY OF BREMERTON 7 continuing in full force and effect as if the Agreement had been signed with the void, invalid or inoperative provision eliminated. 14. Successors and Assigns. This Agreement will inure to and be binding upon the successors and assigns of the signatories hereto. 15. Entire Agreement/ Counterparts. This Agreement contains the entire agreement between the Parties as to its subject matter. There are no third-party beneficiaries to this Agreement. This Agreement may be signed in any number of multiple counterparts, through original and/ or facsimile signature, each of which will be considered to be a duplicate original, and will be considered to be one and the same instrument. 16. Effective Date. This Joint Prosecution and Confidentiality Agreement memorializes prior oral understandings pursuant to which information may have been exchanged. The Parties mutually understand and agree that all information previously exchanged, if any, between or among the Parties for purposes of the Litigation is subject to the provisions of this Agreement and the intent of this Agreement is to maintain the confidences and privileges of the Joint Parties. This Agreement incorporates the prior intent and practice of the Parties and is effective as of January 28, 2007. 17. This Agreement is executed by the Parties by and through their counsel, who sign as well on behalf of themselves. Each Parties' signature to this Agreement represents a certifiCation that counseI-for-suCh-party-has explained this Agreetnent to their respective client(s) and that the client agrees to abide by the understandings reflected herein. Counsel each represent and warrant that they have full power and actual authority to bind their respective client(s). 18. Additional Parties. The undersigned acknowledge that additional Parties may enter into this Agreement at a later date. Such subsequent entry by an additional party shall not be construed as a waiver of any privilege sought to be preserved by this Agreement. Dated this _ day of July 2007. CITY OF ANACORTES crTY OF AUBURN By ran Munce, City Attorney By Daniel B. Heid, City Attorney crTY OF BELLEVUE crTY OF BELLINGHAM By Lori M. Riordan, City Attorney Bio~~ crTY OF BOTHELL crTY OF BREMERTON 7 CITY OF BOTHELL CITY OF BUCKLEY By Susan R. Sampson, City Attorney CITY OF BURLINGTON By Scott Thomas, City Attorney CITY OF DFSMOINES -, :By' - - -, -'" - - - , Patricia A. Bosman5, City Attorney CITY OF EVEREIT By By Ned Johnston, City Attorney CITY OF FIRCREST By Michael B. Smith, City Attorney CITY OF KENT By Susan Larsen, Ass't City Attorney 8 CITY OF BREMERTON By Roger Lubovitch, City Attorney CITY OF BURIEN By Chris Bacha, City Attorney CITY OF CAMAS Bv Roger D. Knapp, City Attorney CITY OF ELLENSBURG By , .. - _On' ,- -, - -, " James Pidduck, City Attorney CITY OF FEDERAL WAY By Patricia Attornev Richardson, City CITY OF KENNffiVICK By Lisa Beaton, City Attorney CITY OF LONGVIEW By Marilyn Nitteberg Haan" City Attorney By Michael Weight, City Attorney CITY OF BUCKLEY By Susan R. Sampson, City Attorney CITY OF BURLINGTON By Scott Thomas, City Attorney CITY OF DESMOINES By _ Patricia'A. Bosmans, City Attorney-""" ' CITY OF EVERETT By By Ned Johnston, City Attorney CITY OF FIRCREST By Michael B. Smith, City Attorney CITY OF KENT By Susan Larsen, Ass't City Attorney CITY OF MARYSVILLE By )v(f~ { Roger Lubovitch, City Attorney CITY OF BURIEN By Chris Bacha, City Attorney CITY OF CAMAS By Roger D. Knapp, City Attorney CITY OF ELLENSBURG By James Pidduck~ City Attorney' CITY OF FEDERAL WAY By Patricia Attorney Richardson, City CITY OF KENNEWICK By Lisa Beaton, City Attorney CITY OF LONGVIEW By Marilyn Nitteberg Haan" City Attorney CITY OF MOUNT VERNON 8 By Michael Weight, City Attorney CITY OF BUCKLEY By Susan R. Sampson, City Attorney CITY OF BURLINGTON By Scott Thomas, City Attorney CITY OF DESMOINES By Patricia A. Bosmans, City Attorney _d " -~ o~ CITY OFEVEREIT - , <:~L _ ~ By By Ned Johnston, City Attorney CITY OF FIRCREST By Michael B. Smith, City Attorney CITY OF KENT By Susan Larsen, Ass't City Attorney CITY OF MARYSVILLE By Grant Weed, City Attorney (Revised July 9,2007) By Roger Lubovitch, City Attorney CITY OF BURIEN I " /~ By k#r ,/~~'A At? -- Chris Bacha, ctity Attorney CITY OF CAMAS By Roger D. Knapp, City Attorney CITY OF ELLENSBURG By James Pidduck, City Attorney CITY OF-FEDERAL,WAY - By Patricia Attorney Richardson, City CITY OF KENNEWICK By Lisa Beaton, City Attorney CITY OF LONGVIEW By Marilyn Nitteberg Haan" City Attorney CITY OF MOUNT VERNON By Kevin Rogerson, City Attorney 8 By Michael Weight, City Attorney CITY OF BUCKLEY By Susan R. Sampson, City Att ,ney CITY O~URLINGT // . P' By Scott CITY OF DESMOINES By -Pailicia A..-Bosmans, City Attorney' CITY OF EVERETT By By Ned Johnston, City Attorney CITY OF FIRCREST By Michael B. Smith, City Attorney CITY OF KENT By Susan Larsen, Ass't City Attorney CITY OF MARYSVILLE ....- . .--- - ~---- ~-~- ....j-'"" ~~~-~~~ 8 By Roger Lubovitch, City Attorney CITY OF BURlEN By Chris Bacha, City Attorney CITY OF CAMAS By Roger D. Knapp, City Attorney CITY OF ELLENSBURG By _ _ _ __ 7ames Pidduck, City Attorney CITY OF FEDERAL WAY By Patricia Richardson, Attorney City CITY OF KENNEWICK By Lisa Beaton, City Attorney CITY OF LONGVIEW By Marilyn Nitteberg Haan" City Attorney CITY OF MOUNT VERNON By Michael Weight, City Attorney CITY OF BUCKLEY By Susan R Sampson, City Attorney CITY OF BURLINGTON By Scott Thomas, City Attorney CITY OF DESMOINES BY~ Patricia A. Bosmans, City Attorney CITY OF-EVERETT- -"- ' . - ~ By By Ned Johnston, City Attorney CITY OF FIRCREST By Michael B. Smith, City Attorney CITY OF KENT By Susan Larsen, Ass't City Attorney CITY OF MARYSVILLE By Grant Weed, City Attorney 8 By Roger Lubovitch, City Attorney CITY OF BURIEN By Chris Bacha, City Attorney CITY OF CAMAS By Roger D. Knapp, City Attorney CITY OF ELLENSBURG By James Pidduck, City Attorney '<::ITY OF FEDERAL-W A Y-" , :. By Patricia Attorney Richardson, City CITY OF KENNEWICK By Lisa Beaton, City Attorney CITY OF LONGVIEW By Marilyn Nitteberg Haan" City Attorney CITY OF MOUNT VERNON By Kevin Rogerson! City Attorney By Ian Munce, City Attorney, Attorney CITY OF BELLEVUE By Lori M. Riordan, City Attorney CITY OF BOTHELL By Michael Weight, City Attorney CITY OF BUCKLEY By Susan R. Sampson, City Attorney CITY OF BURLINGTON By Scott Thomas, City Attorney CITY OF DESMOINES By Patricia A. Bosmans, City Attorney CITY OF EVERETT By By Ned Johnston, City Attorney Attorney " - - ~..,....,. - - ~ .~ ._~- - - By Daniel B. Heid, City CITY OF BELLINGHAM By Joan Hoisington, City Attorney CITY OF BREMERTON By Roger Lubovitch, City Attorney CITY OF BURIEN By Chris Bacha, City Attorney CITY OF CAMAS By Roger D. Knapp, City Attorney CITY OF ELLENSBURG CITY OF FEDERAL WAY By Patricia Richardson, City By Michael Weight, City Attorney By Roger Lubovitch, City Attorney CITY OF BUCKLEY CITY OF BURIEN By Susan R. Sampson, City Attorney By Chris Bacha, City Attorney CITY OF BURLINGTON CITY OF CAMAS By Scott Thomas, City Attorney By Roger D. Knapp, City Attorney CITY OF DESMOINES CITY OF ELLENSBURG By ~ Patricia A. Bosmans, City Attorney .'-. By -James Pidduck,Eity.Attorney .~; CITY OF EVERETI CITY OF FEDERAL WAY By By By Patricia Richardson, City Attorney CITY OF FIRCREST CITY OF KENNEWICK By Michael B. Smith, City Attorney By Lisa Beaton, City Attorney CITY OF KENT CITY OF LONGVIEW By Susan Larsen, Ass't City Attorney By Marilyn Nitteberg Haan" City Attorney CITY OF MARYSVILLE CITY OF MOUNT VERNON 8 By Michael Weight, City Attorney CITY OF BUCKLEY By Susan R. Sampson, City Attorney CITY OF BURLINGTON By Scott Thomas, City Attorney CITY OF DESMOINES By Patricia A. Bosmans, City Attorney _.. CITY OF EVERETI . _" ,.~:c. ',"-<':7,. _::._ .-..' 0- By By Ned Johnston, City Attorney CITY OF FIRCREST By Michael B. Smith, City Attorney CITY OF KENT By Susan Larsen, Ass't City Attorney CITY OF MARYSVILLE By Grant Weed, City Attorney By Roger Lubovitch, City Attorney CITY OF BURIEN By Chris Bacha, City Attorney CITY OF CAMAS By Roger D. Knapp, City Attorney CITY OF ELLENSBURG By James Pidduck, City Attorney -CITY"OF FEDERAL WAY ~"t ~ _~ r- , /7 By f/ p/C ~~ Patricia Richardson, City Attorney CITY OF KENNEWICK By Lisa Beaton, City Attorney CITY OF LONGVIEW By Marilyn Nitteberg Haan" City Attorney CITY OF MOUNT VERNON By Kevin Rogerson, City Attorney 8 ~f,~r 7 '~-:.~:.':'~ ~- , . ~:t~~i2:~~f', I ~.;~~;;:'{' By Michael Weight, City Attorney CITY OF BUCKLEY By Susan R. Sampson, City Attorney CITY OF BURLINGTON By Scott Thomas, City Attorney CITY OF DESMOINES By Patricia A. Bosmans, City Attorney CITY OF EVERETT By By Ned Johnston, City Attorney CITY OF FIRCREST By ~!?,~ Michael B. Smith, City Attorney CIn DF KENT By Susan Larsen, Ass't City Attorney CITY OF MARYSVILLE By Roger Lubovitch, City Attorney CITY OF BURIEN By Chris Bacha, City Attorney CITY OF CAMAS By Roger D. Knapp, City Attorney CITY OF ELLENSBURG By , :-' o;,~:IJ,James Pidduck, City Attorney CITY OF FEDERAL WAY By PatricIa Attorney Richardson, City CITY OF KENNEWICK By Lisa Beaton, City Attorney CITY OF LONGVIEW By Marilyn Nitteberg Haanll City Attorney CITY OF MOUNT VERNON 8 CITY OF BOTHELL By Michael Weight, City Attorney CITY OF BUCKLEY By Susan R. Sampson, City Attorney CITY OF BURLINGTON By Scott Thomas, City Attorney CITY OF DESMOINES - By '. .: --:.. :.L':'J-_ Patricia A. Bosmans, City Attorney CITY OF EVERETT By By Ned Johnston, City Attorney CITY OF FIRCREST By Michael B. Smith, City Attorney CITY OF KENT By Susan Larsen, Ass't City Attorney CITY OF BREMERTON By Roger Lubovitch, City Attorney CITY OF BURIEN By Chris Bacha, City Attorney CITY OF CAMAS By Roger D. Knapp, City Attorney CITY OF ELLENSBURG "By ,- , James Pidduck, City Attorney . - CITY OF FEDERAL WAY By Patricia Richardson, City Attorney CITY OF KENNEWICK By RJJ I?~ Robert R. Hammond, City Manager CITY OF LONGVIEW By Marilyn Nitteberg Haan City Attorney 8 CITY OF BOTHELL: By Michael Weight, City Attorney CITY OF BUCKLEY: By Susan R. Sampson, City Attorney CITY OF BURLINGTON: By Scott Thomas, City Attorney CITY OF DES MOINES: By Patricia A. Bosmans, City Attorney "'S"_ _ _. +.::: ~ "-J..~,_- . ...:;;;.- CITY OF EVERETT: By By Ned Johnston, City Attorney CITY OF FIRCREST: By Michael B. Smith, City Attorney CITY OF KENT: CITY OF MARYSVILLE: By Grant Weed, City Attorney CITY OF BREMERTON: By Roger Lubovitch, City Attorney CITY OF BURIEN: By Chris Bacha, City Attorney CITY OF CAMAS: By Roger D. Knapp, City Attorney CITY OF ELLENSBURG: By James Pidd~ck, ~ity Attorney CITY OF FEDERAL WAY: By Patricia Richardson, City Attorney CITY OF KENNEWICK: By Lisa Beaton, City Attorney CITY OF LONGVIEW: By Marilyn Nitteberg Haan, City Attorney CITY OF MOUNT VERNON: By Kevin Rogerson, City Attorney 8 CITY OF BUCKLEY By Susan R Sampso~ City Attorney CITY OF BURLINGTON By Scott Thomas, City Attorney OTY OF DFSMOINB5 By Patricia A. BosmaTIS, City Attorney OTY OF EVERETI By - - -- - .':'- . --- By Ned Johnsto~ City Attorney CITY OF FlRCREST By Michael B. Smith, City Attorney CITY OF KENT By Susan Larsen, Ass't City Attorney CITY OF MARYSVILLE By Grant Weed, City Attorney OTY OF BURlEN By Chris Bacha,. City Attorney CITY OF CA1v.[AS By Roger D. Knapp, City Attorney CITY OF ELLENSBURG By James Pidducly City Attorney CITY OF FEDERAL WAY By - Patricia Richardso~ Attorney City CITY OF KENNEWICK By Lisa Beato~ City Attorney CITY OF LONGVIEW By ':#Jtt1 dI:t/tur#/lL Marilyn Nitte g ~ City Attorney CITY OF MOUNT VERNON By Kevin Rogerso~ City Attorney 8 CITY OF NORMANDY PARK , By William Bloor, City Attorney CITYOFPUYALLUP By Gary McLean, City Attorney CITY OF RICHLAND By Thomas Lampson, City Attorney CITY OF SEATAC By Mary Mirante-Bartolo, City Attorney CITY OF UNIVERSITY PLACE By Janean Parker, City Attorney KITSAP COUNTY By Lisa Nickel, Deputy Prosecutor CITY OF ORTING By City Attorney CITY OF PULLMAN By Laura D. McAloon, City Attorney CITY OF RENTON By Larry Warren, City Attorney CITY OF SAMMAMISH By"> ~ Bruce Disend, City Attorney CITY OF SUMNER By Brett Vinson, City Attorney CITY OF VANCOUVER By Linda Marousek, Ass't City Attorney 9 CITY OF NORMANDY PARK By James E. Haney, City Attorney CITY OF PORT ANGEL By~L William Bloor, City Attorney CITY OF PUYALLUP By Gary McLean, City Attorney CITY OF RICHLAND By Thomas Lampson, City Attorney CITY OF SEATAC By Mary Mirante-Bartolo, City Attorney CITY OF UNNERSITY PLACE By Janean Parker, City Attorney KITSAP COUNTY By Lisa Nickel, Deputy Prosecutor 10 CITY OF ORTING By City Attorney CITY OF PULLMAN By Laura D. McAloon, City Attorney CITY OF RENTON By Larry Warren, City Attorney CITY OF SAMMAMISH By Bruce Disend, City Attorney CITY OF SUMNER By Brett Vinson, City Attorney CITY OF VANCOUVER By Linda Marousek, Ass't City Attorney CITY OF MARYSVlLLE By Grant Weed, City Attorney CITY OF NORMANDY PARK By James E. Haney, City Attorney CITY OF PORT ANGELES By William Bloor, City Attorney CITY OF PUYALLUP By Gary McLean, City Attorney CITY OF RICHLAND By Thomas Lampson, City Attorney CITYOFSEATAC By Mary Mirante-Bartolo, City Attorney CITY OF UNIVERSITY PLACE By Janean Parker, City Attorney CITY OF MOUNT VERNON By Kevin Rogerson, City Attorney CITY OF ORTING By City Attorney CITY OF PULLMAN B~~ a ra D. McAloon, City Attorney CITY OF RENTON By Larry Warren, City Attorney CITY OF SAMMAMISH By Bruce Disend, City Attorney CITY OF SUMNER By Brett Vinson, City Attorney CITY OF VANCOUVER By Linda Marousek, Ass't City Attorney 9 CITY OF MARYSVILLE By Grant Weed, City Attorney OTYOFNORMANDYPARK By James E. Haney, City Attorney CITY OF PORT ANGELES By William Bloor, City Attorney CITY OF RICHLAND By Thomas Lampson, City Attorney OTY OF SEATAC By Mary Mirante-Bartolo, City Attorney OTY OF UNIVERSITY PLACE By Janean Parker, City Attorney 9 CITY OF MOUNT VERNON By Kevin Rogerson, City Attorney CITY OF ORTING By City Attorney CITY OF PULLMAN By Laura D. McAloon, City Attorney CITY OF RENTON By Larry Warren, City Attorney CITY OF SAMMAMlSH By Bruce Disend, City Attorney CITY OF SUMNER By Brett Vinson, City Attorney CITY OF VANCOUVER By CITY OF MARYSVILLE By Grant Weed, City Attorney CITY OF NORMANDY PARK By James E. Haney, City Attorney CITY OF PORT ANGELES By William Bloor, City Attorney CITY OF PUYALLUP By Gary McLean, Gity Attorney CITY OF RICHLAND By Thomas Lampson, City Attorney CITYOFSEATAC By Mary Mirante-Bartolo, City Attorney CITY OF UNIVERSITY PLACE By Janean Parker, City Attorney KITSAP COUNTY By Lisa Nickel, Deputy Prosecutor CITY OF MOUNT VERNON By Kevin Rogerson, City Attorney CITY OF ORTING By , City Attorney CITY OF PULLMAN By Laura D. McAloon, City Attorney CITY OF RENTON By ~f1-'rh. ~ ~ . Larry 'Warren, City Attorney pf e:rn.--L ~O;it.a.n' t4- 7/;1..0/07 CITY OF SAMMAMISH By Bruce Disend, City Attorney CITY OF SUMNER By Brett Vinson, City Attorney CITY OF VANCOUVER By Linda Marousek, Ass't City Attorney 9 CITY OF NORMANDY PARK By James E. Haney, City Attorney CITY OF PORT ANGELES By William Bloor, City Attorney cm OF PUY ALLUP By Gary McLean, City Attorney cm OF RICHLAND cm OF SEAT AC By _ . Mary Mirante-Bartolo, City Attorney CITY OF UNIVERSITY PLACE By Janean Parker, City Attorney KITSAP COUNTY Bv ~ -- Lisa Nicket Deputy Prosecutor 10 CITY OF ORTING By City Attorney CITY OF PULLMAN By Laura D. MeNoon, City Attorney CITY OF RENTON By Larry Warren, City Attorney CITY OF SAMMAMISH By Bruce Disend, City Attorney CITY OF SUMNER By Brett Vinson, City Attorney OTY OF VANCOUVER By Linda MaTousek, Ass't City Attorney CITY OF NORMANDY PARK By James E. Haney, City Attorney CITY OF PORT ANGELES By William Bloor, City Attorney CITY OF PUY ALLUP By Gary McLean, City Attorney CITY OF RICHLAND . _ ~'<'f" ~ By Thomas Lampson, City Attorney CITYOFSEATAC By Mary Mirante-Bartolo, City Attorney CITY OF UNIVERSITY PLACE By Janean Parker, City Attorney KITSAP COUNTY By Lisa Nickel, Deputy Prosecutor - . ~'? ~ - 10 CITY OF ORTING By City Attorney CITY OF PULLMAN By Laura D. McAloon, City Attorney CITY OF RENTON By Larry Warren, City Attorney CITY OF SAMMAMISH ,--~ By , '-.... L--?, Bruce Disend, Ci CITY OF SUMNER By Brett Vinson, City Attorney CITY OF VANCOUVER By Linda Marousek, Ass't City Attorney CITY OF NORMANDY PARK By James E. Haney, City Attorney CITY OF PORT ANGELFS By William Bloor, City Attorney CITY OF PIN ALLUP By Gary Mclean, City Attorney CITY OF RICHLAND By Thomas Lampson, City Attorney CITYOFSEATAC By Mary Mirante-Bartolo, City Attorney CITY OF UNIVERSITY PLACE By Janean Parker, City Attorney KIlSAP COUNTY By Lisa Nickel, Deputy Prosecutor 9 CITY OF ORTING By Chris D. Bacha, City Attorney CITY OF PULLMAN By Laura D. McAloon, City Attorney CITY OF RENTON By Larry Warren, City Attorney CITY OF SAMMAMISH By Bruce Disend, City Attorney CITY OF SUMNER By ~ -e.-r Brett Vinson, City Attorney CITY OF VANCOUVER By Linda Marousek, Ass't City Attorney CITY OF NORMANDY PARK By James E. Haney, City Attorney CITY OF PORT ANGELES By William Bloor, City Attorney CITY OF PUY ALLUP By Gary McLean, City Attorney CITY OF RICHLAND By Thomas Lampson, City Attorney CITY OF SEATAC By 'L~~~JoiD Mary Miran rBartolo, City Attorney CITY OF UNIVERSITY PLACE By Janean Parker, City Attorney KITSAP COUNTY By Lisa Nickel, Deputy Prosecutor 10 CITY OF ORTING By City Attorney CITY OF PULLMAN By Laura D. McAloon, City Attorney CITY OF RENTON By Larry Warren, City Attorney CITY OF SAMMAMISH By Bruce Disend, City Attorney CITY OF SUMNER By Brett Vinson, City Attorney CITY OF VANCOUVER By Linda Marousek, Ass't City Attorney CITY OF NORMANDY PARK By James E. Haney, City Attorney CITY OF PORT ANGELES By William Bloor, City Attorney CITY OF PUY ALLUP By Gary McLean, City Attorney CITY OF RICHLAND By :t Thomas Lampson, City Attorney CITY OF SEAT AC By Mary Mirante-Bartolo, City Attorney CITY OF UNIVERSITY PLACE By (\ C'NY\ ~~/t k V Janea\1 Parker, City Attorney KITSAP COUNTY By Lisa Nickel, Deputy Prosecutor 10 CITY OF ORTING By City Attorney CITY OF PULLMAN By Laura D. McAloon, City Attorney CITY OF RENTON By Larry Warren, City Attorney CITY OF SAMMAMISH By - - Bruce Disend, City Attorney CITY OF SUMNER By Brett Vinson, City Attorney CITY OF VANCOUVER By Linda Marousek, Ass't City Attorney CITY OF NORMANDY PARK By James E. Haney, City Attorney CITY OF PORT ANGELES By William Bloor, City Attorney CITY OF PUYALLUP By Gary Mclean, City Attorney CITY OF RICHLAND By Thomas Lampson, City Attorney CITY OF SEATAC By Mary Mirante-Bartolo, City Attorney CITY OF UNIVERSITY PLACE By J anean Parker, City Attorney KITSAP COUNTY By Lisa Nickel, Deputy Prosecutor 9 By CITY OF ORTING By ! I t ~ City Attorney CITY OF PULLMAN By Laura D. McAloon, City Attorney CITY OF RENTON I By Larry Warren, City Attorney CITY OF SAMMAMISH By Bruce Disend, City Attorney CITY OF SUMNER By Brett Vinson, City Attorney Linda Marousek, Attorney CITY OF NORMANDY PARK By James E. Haney, City Attorney CITY OF PORT ANGELFS By William Bloor, City Attorney CITY OF PUY ALLUP By Gary McLean, City Attorney CITY OF RICHLAND By Thomas Lampson, City Attorney CITY OF SEATAC By Mary Mirante-Bartolo, City Attorney CITY OF UNIVERSITY PLACE By Janean Parker, City Attorney KITSAPCOUNTY CITY OF ORTING By City Attorney CITY OF PULLMAN By Laura D. McAloon, City Attorney CITY OF RENTON By Larry Warren, City Attorney CITY OF SAMMAMISH '. '-' By" Bruce Disend, City Attorney CITY OF SUMNER By Brett Vinson, City Attorney CITY OF VANCOUVER By Linda Marousek, Ass't City Attorney 10 , .5. S~5 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN 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, PUY ALLUP, 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, Richland, Sammamish, SeaTac, Sumner, University Place, Vancouver, and Kitsap County, and any other Phase l/ Permittees that might become a party to this Interlocal known as the "Coalition of Govemmental 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, 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 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 govemmental 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: Its: Date: Print Name: Its: 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 BOTH ELL 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: BREMERTON BURIEN: CITY OF BREMERTON CITY OF BURIEN 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: 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) L) - (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) LJ - (Facsimile) (-) - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: "J 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 B~: 77jt:Wlv {. ~ By: Print Name: M::Jrk F M::Jrl"RTl Print Name: Its: City Manager Its: Date: February /~, 2008 Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: William E. Bloor, City Attorney Cjty of Port An~eles P. O. Box 1150 Port Angeles, =WA 98362 ( 360) 417 - 4530 (Telephone) (-) - (Telephone) "-. ( 369 417 - 4529 (Facsimile) (-) - (Facsimile) Ar:;J;OVED AS TO' FORM: APPROVED AS TO FORM: /' ( ~ ~/.( ~- William E. Bloor City Attornev 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: 1 ~ 5 /&~ 3> J, INTERLOCAL AGREEMENT 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, SEAT AC, 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"). RECITALS 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) NPDES INTERLOCAL AGREEMENT Page IofI5 ~ to represent the Coalition in said legal challenge(s) and wish to collectively pay Counsel as further set forth below. 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 /I 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 NPDES INTERLOCAL AGREEMENT Page 2 of 15 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 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. NPDESThITERLOCALAGREEMENT Page 3 of 15 5.2 Termination by Mutual Written Agreement. This Agreement may be tenninated 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 Tennination. It is not anticipated that any assets will be acquired as a result of participating in this Agreement. If, however, any 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 tenn 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 NPDES INTERLOCAL AGREEMENT Page 4 ofl5 03/14/2007 07:~'" CITY/ANACORTES LEGAL -7 14254527256 NO.925 [;102 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 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 oftha Coalition entering into this Agreement shall be responsible far ensuring that it is tiled in accordance with RCW 39.34.040. IN WITNESS, the parties below execute this Agreement, which shall become effective February I 2007. ANACORTES: AUBURN: CITY OF ANACORTES CITY OF AUBURN BY,-;/ ()A ~ By. Print Name: '-'11. ~"'f.)r:;11 Print Name. Its: mA 1(-oY2.... Its' Date: 5(/2 107 Date. NOTICES TO BE SENT TO; NOTICES TO BE SENT TO: .})EIJAJ /Y);wvlf'L1 ~/JAiV /'Y/t/hc.t:' ~~:) i:~r;r~~;6j~~/~ wt1- '7 g'2.? ! ~ 21C; - /9["'0 (T e/ephone) LJ - (Telephone) ~2"1] - /q .11 (Facsimile) L-.) - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: NPDES~RLOCALAGREEMENT Page 5 of 14 q~::a~~~J~fV"";'::~..:'\J;<t.tho.~~~~~J.tn";.~~~~~..;:;:3,k'tW~~~;....y"<.,~.:"!!',~~,,V ~1",""",..,,,.....~ _!"~.<-v..~_..,..._Ji.."*';;:':H,~.,,... ~ 1,.' ti;" ~~_~*~....~:~~"-~...,,....,-,;,~" ......t >M ~~_ ;..~~~' "t:::.::,.-:;.,,,,',,.-- 'l-;::<':,,"'<.{;\~.,.t,.'"i.AA-~'~U:::1'..~iMiJ;';;" and address of the person that can accept notices on behalf of such joining govemmental agency. 6.6 Counterparts. This Agreement may be entered into with any number of counterparts which, taken cof[ectively, will constitute one entire agreement. 6.7 Ratification and Confirmation. AI! 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 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 Agreem'ent, which shall become effective " 2007. Print Name: Jts: Date: AUBURN: :~?~~ Print Name: Pet~r B. Lewis Its: May~r L _ / Date: G k~ft.2. . nunc pro tunc ,i '~ ANACORTES: CITY OF ANACORTES By: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Daniel B. Heid Auburn City Attorney 25 West Main Street 'Aubum, WA98001 (253) 931<1054 (Telephone) (253) 9 007 (Facslmife) AP ~~ 9 L..J (Telephone) L..J (Facsimile) ~APPROVEO AS TO FORM: NPDESThITEm~OCALAGREEMENT Page 5 of'J 5 " , 'i ; ., .{\ .... .', ~: ...., ~ LJ - (Facsimile) LJ - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: BELLEVUE BELLINGHAM: CITY OF BELlEVUE CITY OF BELLINGHAM By: ~ JU!y~ Print Name: f3f(/rfJ m J Y/J ~ Its: /Ja'JlIfI1 tArt ;U I:iL Date: 2 - 2/- [) 7 By: Print Name: Its: Date: NOTIC~S TO ~E SENT Tq: c:L:..-- Loy' fV\. '1(10-< - C-~\ A--th>("~S OF~C.A- P. . 13 () ~ ~ DO I #-.. &1(~\I~.!.vfA- &f8r.x:fi.-q0( / NOTICES TO BE SENT TO: ('t-zs) 'i ~ .:t - -,;}...;J.I) (Telephone) <--) (Telephone ) ~ I.f,rL - 7-<.5" (Facsimile) LJ (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: 0< A' M. 7f!cAr~ BOTHELL BREMERTON: CITY OF BOTH Ell CITY OF BREMERTON NPDES INTERLOCAL AGREEMENT Page 6 of15 L) - (Facsimile) L) - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: BELLEVUE BELLINGHAM: CITY OF BEllEVUE By: CITY OF BELLINGHAM By: -cfnJ ~r Print Name: .-:Ii fh fyJ~ La. ~ Its: Mtu{rlr ..J Date: - - 7 =i-: Print Name: Its: Date: NOTICES TO BE SENT TO: ~M~3S.,I~~ L) L) (Telephone ) h1onc.e:~ 1:; ~s:._ :"-""1 Tn', . l)(G6;. \1V.K~... ~ I w t):\~{.ar, ;l..\O l..o1t'i~ ,,'Bel(,fV(~'" GaQ) k1 CD - CR.. '1 fs. { (Telephone ) W.At C(R~5 (Facsimile) ~ lJtH.. -~s>'t~ (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: BOTHELL CITY OF BOTHElL CITY OF BREMERTON NPDES lN1ERLOCAL AGREEMENT Page 6 of 15 J By: By: Print Name: Its: Date: Print Name: Its: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: LJ LJ (Telephone) <-> <Facsimile) (-> (Telephone ) (Facsimile) APPROVED AS TO FORM: BOTHEll I APPROVED AS TO FORM: I l BREMERTON: CITY OF BREMERTON , By: Pnnt Name: Robert S. Stowe Its: City Manager Date: March 7. 2007 Print Name: Its: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Michael Weight, City Attorney 18305101s1 Ave NE Bothell, WA 98011 (425) 486-3256, ext 4361 (Telephone) (425) 489-4876 (Facsimile) !<-> i (---> (Telephone ) (Facsimile) APPROVED AS TO FORM: ATTEST: , ~~, -~,.< '" i'- ~ \ . ~{ --- '-) '-^-~-'--~' NPDESlNTERLOCALAGREEMENT BOTHELL CITY CLERK Page 6 ofI4 03/22/213137 14:22 3604735151 BELLEVUE CITY OF BELLEVUE By: Print Name: Its: Date: NOTICES TO BE SENT TO: BREMERTON CIT"! ATTV PAGE 132/132 BELLINGHAM: CITY OF BELLINGHAM By: Print Name: Its: Date: NOTICES TO BE SENT TO: L) L) (Telephone) L) (Facsimile) L) (Telephone) (Facsimile) APPROVED AS TO FORM: BOTH Ell CITY OF BOTHEll By: Print Name: Its: Date: NOTICES TO BE SENT TO: LJ L) (Telephone) (Facsimile) APPROVED AS TO FORM: NPDES INTERLOCALAGREEMENT Page 6 of 14 APPROVED AS TO FORM: BREMERTON: Print Na e: C.hL\.\ ~"l...eh'\al'"\ Its: ""'-o..."to C Date: NOTICES TO BE SENT TO: ff\Q.{'~ E. Kc ~().+~> A.~d ~~~ ~e.~~JA-oYl 34. S to % s,-\-f'er \;SlJxte ~)O ~re.rt\ec~(\ W Ci'iS'o3'" eit.:D U.l~ -z<>4.g (Telephone) ~fcO '-\.1 ~ - 5 'Z- ~ CJ-le c.ho..rY\) ~ YJ?\ -5IL:d (Facsimile) .") -JOq APPROVED AS TO FORM: b FROM :CITY OF BUCKLEY FAX NO. :360 829 2659 Mar. 02 2007 03:48PM P2 By: By: Print Name: Print Name: Its: Its: Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SeNT TO: - (-) - (Telephone) (-) - (Telephone) ( ) - (FR~~imilA) (->- - (l=~oojmj(o) APPROVED AS TO FORM: APPROVED AS TO FORM: - BUCKLEY: CITY OF BUCKLEY By' /J/a/) "-..,..:".et;e ~~L.d Ir~ Print Name. \ ~ -:s- 0 ~ ~ ~ uY\ Its: lM.~ 'fUR... Date: .sJd. J 09- I I BURIEN: CITY OF BURl EN By: Print Name: Its: Date: NonCES TO BE SE~ TO: f)..." Sc...k vV\. \ or ~ V 13 0 )l' \"UD- . " vc.0.,"", \ ,~ '1<<32- t ) NOTICES TO BE SENT TO: (?iJ) fZ4 -Jj2-1 (Telephone) (_) (31.D) 97~ - .:1/4 ~tJ (raG~il11i1e) (--.J (Telephone) (FC1~iHlIlt;l) M: .APP.BOVED AS TO FORM- ----- NPDES lNTERLOCAL AGREEMENT Page 7 of 15 03-06-2007 12:56PM FROM-CITY OF BURIEN +206-248-5539 T-758 P 002/002 F-009 BUCKLEY: BURIEN: CITY OF BUCKLEY CITY OF BURIEN By: By: :,f/j;:: ~~.~ .( (,~(.. ~ .- .' , Print Name: Print Name: rI1..11<.e... J'Y"'\a:~ Its: ~~te: k~t~\ ~o.ge.r- - Date: NOTICES TO BE SENT TO: NO~~~ii~ ,~~ IV)L~ ~t,5U2 _Bu~\en J l...:>R- ct g, LJ - (T eJephone) ~~- 55.35 (Telephone) LJ - (Facsimile) ~a'-l.~- S S3Q (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: . ~~~ 4$ as liflrn-'~'J - . . 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) LJ - (Facsimile) LJ - (Facsimile) APPROVeD AS TO FORM: APPROVED AS TO FORM: NPDES INTERLQCAL AGREEMENT l>age 7 of 13 BURLINGTON: CAMAS: CITY OF BURLINGTON CITY OF CAMAS BYQ A ~' = By: Print N~ ~ e: 'c:.~rdsm~ Print Name: Its: M a..y [)-r Its: Date: rY\o-r-c..h B> ::1007 Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Scott G. Thomas, City Attorne, 900 E. Fairhaven Avenue Burlington, WA 98233 (-3.llO 755-0-5:;] (Telephone) (-) - (Telephone) (~q 7SS-U97 (Facsimile) (-) - (Facsimile) A~;; APPROVED AS TO FORM: Scott G. Thomas 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: (-) - (Telephone) (-) - (Telephone) (-) - (Facsimile) (-) - (Facsimile) NPDES IN'IERLOCAL AGREEMENT Page 8 of 15 BURLINGTON: CITY OF BURLINGTON By: Print Name: Its: Date: NOTICES TO BE SENT TO: L) LJ ~ - ~- APPROVED AS TO FORM: DES MOINES: CI1Y OF DES MOINES By: Print Name: Its: Date: NOTICES TO BE SENT TO: LJ LJ CAMAS: CITY OF CAMAS NOTICES TO BE SENT TO: IvfoIJ71E"" 8~Jjc 1-1 M 4-v.v C:I'1"""j (ho;: C~4:1 'PO. ~l11C /OS-S- CArHJf-s. WI4 -rf!~CJ'I , (Telephone) (1G(J) tdt7 - IS3~ (Telephone) (Facsimile) (360) eg4 - 1535 (Facsimile) CITY OF ELLENSBURG By: Print Name: Its: Date: NOTICES TO BE SENT TO: (Telephone) L-) (Facsimile) L) NPDES JNTERLOCAL AGREEMENT Page 8 of 15 (Telephone) (Facsimile) 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: ' J:~1l:;" ,:: c.f'::~~- DES MOINES: ELLENSBURG: CITY OF DES MOI'T1- CITY OF ELLENSBURG By: ~ By: Print Name: _ ony;:' Piasecki Print Name: Its:_ City Manager Its: Date: March;f, 2007 Date: - ,;)~ -Pff NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Richard S. Brown _Acting Ci~ Attorney 2163011 Ave. S" Suitte C _Des Moines WA 98198-6398 (206)__870_-_6518 (Telephone) ~ - (Telephone) (206) _870_-_ 4387 (Facsimile) ~ - (Facsimile) NPDES INTERLOCAL AGREEMENT Page 8 of 15 :r,... ~ _ _ ,. BURLINGTON: CllY OF BURLINGTON By: Print Name: Its: Date: NOTICES TO BE SENT TO: LJ LJ APPROVED AS TO FORM: DES MOINES: CllY OF DES MOINES By: Print Name: Its: Date: NOTICES TO BE SENT TO: LJ LJ CAMAS: CllY OF CAMAS By: Print Name: Its: Date: NOTICES TO BE SENT TO: (Telephone ) (Telephone) LJ (Facsimile) LJ (Facsimile) APPROVED AS TO FORM: p - -- -- -- ~- ELLENSBURG: By: NOTICES TO BE SENT TO: James Pidduck City Attorney 501 N. Anderson St. Ellensburg, WA 98926 (Telephone) (509) 962-7259 (Telephone) (Facsimile) (509) 962-7143 (Facsimile) NPDES INTERLOCAL AGREEMENT Page 8 of 15 APPROVED AS TO FORM: FEDERAL WAY: CITY OF EVERETT CITY OF FEDERAL WAY By: By: Print Name: Its: Date: Print Name: Its: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: LJ - ><~ " .",- '''''..-;..:_..".,,_:....-~., (Telephone) LJ (FaCsimiler" L-J (Telephone) - - ,.. ".~~-- ,- ,.- :. (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: NPDES INTERLOCAL AGREEMENT Page 9 ofl5 APPROVED AS TO FORM: APPROVED AS TO FORM: EVERETT: FEDERAL WAY: CITY OF EVERETT CITY OF FEDERAL WAY By: By: Print Name: Its: Date: NOTICES TO BE SENT TO: (425) 257-7000 (Telephone) (~ L) (Telephone) , - "q-~' - .. ,,- >-" >..- c(425Y 257-8693(Facsim'i1e) - ....- .' "...- '>- '(Facsimile) APPROVED AS TO FORM: '/ ( er E. "Ned" Johnston, Jr. 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: NPDES INTERLOCAL AGREEMENT Page 9 of 15 03/08/2007 10:23 FAX 253 835 2569 !41 002/002 ! APPROVED AS TO FORM: 1 APPROVED AS TO FORM: EVERETT: FEDERAL WAY: CITY OF EVERETT CITY OF FEDERAL WAY L) , " . _~.~~.,..~ ~",J-,._ L) (Telephone) I By) -7:;- f~u, ~4~ Print Name: fc..+V-l (IIA ,4 J(id''1(<r,'".\s.(M Its: C l fu ~/rl~ Date: ,~/ ~I tJ 7 NOTICES TO BE SENT TO: ftm j J~' '?~ax s~ u f~S.sl Stllf'\..1' Cd') f\itMYl-"-\...{ ~PD e-,oi\ e,) '7 (<& ~ Fe:ol-Gr?l~ {/J&'-r' /;UA 4.00~'3~cnlf!, (253) Z 3S - 'Z5w Z (T~I~phone) By: Print Name: Its: Date: NOTICES TO BE SENT TO: (Facsimile) (252) ~~5 - Z5&4 (Facsimile) 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: NPDES INTERLOCAL AGREEMENT Page 9 of 10 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: LJ - (Telephone) L) - (Telephone) --. . L) - (Facsimile) L) - .. .. -(r=acsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: FIRCREST: KENNEWICK: CITY OF FIRCREST CITY OF KENNEWICK ~~~ By: Print Name: Bill Brandon Print Name: Its: Manager Its: Date: August 30, 2007 Date: .- - --------- -~-~~ ----------- ------- ~- -.- . NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Bill Brandon City Manager Clty of l"lrCres t 115 Ramsdell Fircrest, WA 9~466 NPDES lNTERLOCAL AGREEMENT Page 9 of 15 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: L) - (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:RJdR~ Print Name: Print Name: Robert R. Hammond Its: Its: City Manager Date: Date: February 20, 2007 --- - - -- NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Peter M. Beaudry, Public Works Dir. PO Box 6108 Kennewick WA 99336-0108 peter.beaudry@ci.kennewick.wa.us NPDES INTERLOCAL AGREEMENT Page 9 of15 L) - (Telephone) (509 ) 585 - 4292 (Telephone) L) - (Facsimile) (509 ) 585 - 4451 (Facsimile) APPROVED AS TO FORM: APPROVED ~FORM: W~~~ ;}6hn S.'ZiobcO, City Attorney 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: 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: NPDES INTERLOCAL AGREEMENT Page 10 of15 LJ LJ (Telephone) LJ (Facsimile) LJ (Telephone ) (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: KENT: LONGVIEW: CITY OF KENT CITY OF LONGVIEW By: By: Print Name: Its: Date: NOTICES TO BE SENT TO: ....-.... - - -~-' ~-- ~ ~ - t?511D (Telephone) <1!2J ~ - ltn,O (Facsimile) APPROVED AS TO ~RM: ~: 11 ~ft-- LJ LJ (Telephone) (Facsimile) 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: NPDESThITERLOCALAGREEMENT Page JO of1S ,- LJ LJ (Telephone) L-) (Facsimile) L-) (Telephone) (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: KENT: LONGVIEW: CITY OF KENT By: Print Name: Its: Date: LJ LJ (Telephone) (Facsimile) NOTICES TO BE SENT TO: mar,'\u\r"\ 'it.. lll\tf'hl"'r-'G 1-lClifHl L on (3 L;Y Pic...., c.,'-h1 Al-h:Jr-l"'\J~1 ~ . . P.6~ g()'ll 1.:J R' ::J L-.Dnomrl.l\' 1),\~ QRf..t,32. U .- G1ill) LtLt'L - 5CY) LJ. (Telephone) ~ 44L - 5' j S"O (Facsimile) APPROVED AS TO FORM: ';?"/J0~./RAC -~k~ I / #/~I NOTICES TO BE SENT TO: APPROVED AS TO FORM: MARYSVILLE: MOUNT VERNON: CITY OF MARYSVlLLE CITY OF MOUNT VERNON By: By: Print Name: Print Name: Its: Its: Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: NPDES INIERLOCAL AGREEMENT PagelOof15 LJ - (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: --- ~" .. 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 B~~ ~ ~;)! By: Print Name: f\.e.'n n. ~ 5 L _ ICe. (\(kd ( Print Name: Its: "^~ Dr Its: Date: 3 -,5 -07 Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: NPDESThITERLOCALAGREEMENT Page 10 ofl 0 J"\ (:;- rO-l'I f' W<..e-c)t w ~-ed J &rQ.u fsf-rv... E & e r!,. OT" 7-1 flu.... 1'\ 1'r"IUhOftO.IS.^ UJ l\. (~ <S l.tI 0 (3tO) S'(,g _ 3// ~ (Telephone) L) - (Telephone) ~) ~og - 4'{37 (Facsimile) L) - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: /J.Aud1c. lJ~ ~ 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: L) - (Telephone) L) - (Telephone) L) - (Facsimile) L) - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: PORT ANGELES: PULLMAN CITY OF PORT ANGELES By: CITY OF PULLMAN By: Print Name: NPDES INTERLOCAL AGREEMENT Page 11 of 11 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: "..~ .. . ~.,. "" . . _,..",..'...,. .(Telephone), _ <-=-J -- -, - "~'""".~ ~~.~. .. ,(Telephone)--.. .. LJ - (Facsimile) LJ - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: ... _' _~... _....... ,_" ."'~l..~ MARYSVILLE: MOUNT VERNON: CITY OF MARYSVILLE By: Print Name: Its: Date: NOTICES TO BE SENT TO: NPDES~RLOCALAGREEMENT Page 10 of15 ( 3110) ?7lR - LP )..0 ? (Telephone) (-) - (Telephone) (WD) 1;~l.P - U? 2le +- (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 ,SENTTO:_~_ ~,. ,,___ .< " ,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: NPDESmTERLOCALAGREEMENT Page 11 of 15 83/02'2857 09:41 2062J6S732 f jl]pr~':'t I[J'! Pe:.F',{ POLI':E PAGE 13/17 LJ L) (Telephone) I L_) --~ (Facsimile) LJ (Telephone ) (Facsimile) APPROVED AS TO FORM: I APPROVED AS TO FORM: NORMANDY PARK: I ORTING: Cl OF NORMANDY PARK I CITY OF ORTING :~. Name:' p ~l''- ! ::nl Name '" '~""'~--'-"~'~"~'--~~tef;+YfJ;!-;fi!f- . _____=,'' '~~fe:-" .-.--.. '.- NOTiCeS TO BE SENT TO: NOTICES TO BE SENT TO: ~~~ ~c..hl.-tJZIL) (~r/.v ~ k.f~.f IJb"~4r~' 61>1 S.W. 174iM :5+ NIJr>H1it.ntly /1rr!</WIi "7JIt:>(o (:J.,,(,) .:life - ') bIJ3 (Telephone) ~oh) 1.31 - it 74 (Facsimile) I 1 I j , , 1 I __ _ _ i., ~~~...~ __".., _~~_ ~.,.l:__,,_ _ ~ ::"_ ".......h .- L) I L)_-- (Telephone ) (Facsimile) APPROVED AS TO FORM: v-'-~~r= (. ! PULLMAN ! , I CITY OF PULLMAN I By: I PORT ANGELES: CITY OF PORT ANGELES By: Print Name: },;"PDES rNTERLOCAL AGREE?,ffir\i Page 11 of 15 ~ w_ _~ _..~_ .',. ~~.'"' _..- LJ - (Telephone) LJ - (Telephone) L-J - (Facsimile) LJ - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: NORMANDY PARK: ORTING: CITY OF NORMANDY PARK CITY OF ORTING By: BY~f1.~ Print Name: Pr~nt Nam' c'herj ,en-pI..f2; _Its: -~ - ...~.." _.~.. ~-, . Its.=,.b1~ - -- ~ "",.. -- ,..... ,~.., _.....zY'<~~^}:;.-:;_~';."'"_;;O... ..,. ~...-_, _ _"""- . ,,~.~ Date: Date: 1Jo {tpr (J f) NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: -f5~~~~ ?c ~ L-\ <t"\ o '(""oM ~tY v.J~ 'l~ \ b 0 L-J (Telephone) tiS" - ~bO)~q~ -~(Telephone) L-J - (Facsimile) (-;'0) ~ - b <r 09- (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: _~, ~_ ___"1;"~_.1 ~ .-- __ ..,_~ .... PORT ANGELES: CITY OF PORT ANGELES By: PULLMAN CITY OF PULLMAN By: Print Name: NPDES fNTERLOCAL AGREEMENT Page II of 15 L) - (Telephone) L) - (Telephone) (---> - (Facsimile) L) - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: "J _,,-~ -~'1. .... tr ~_ .'__~J NORMANDY PARK: ORTING: CITY OF NORMANDY PARK CITY OF ORTING By: By: Print Name: Print Name: Its: Its: - Dater: - -- -- -, ., ,~--~~-~ -....-- '''..~ . .--Dafe: , .. -.. ...- -- - -. NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: L) - (Telephone) L) - (Telephone) L) - (Facsimile) LJ - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: PORT ANGELES: PULLMAN CITY OF PORT ANGELES BY~f~ Print ame: M~,=- Eo ~.e.n CITY OF PULLMAN By: NPDES INTERLOCAL AGREEMENT Page 11 of15 Its: Date: NOTICES TO BE SENT TO: ,^J ti / i tj m 13 i 0 () r e,f f '17ft :)6 2- ( 3to) ~.; 17 - ~ S .1 / (Telephone ) (3&')) 417 - 1S.2 7' (Facsimile) APP;ROVED AS TO>AORM: , ,"/X/ '!~ 1/4~ ~~z----- ...... ~'::.. '--~'" ~- -~ -~--:.~ ~ - PUYALLUP: CITY OF PUYAL[Dp~-':;"~.".";z;:"," ..- By: Print Name: Its: Date: NOTICES TO BE SENT TO: LJ LJ Print Name: Its: Date: NOTICES TO BE SENT TO: LJ LJ (Telephone) (Facsimile) APPROVED AS TO FORM: RENTON ciN"oF- RENTON - - ~. ~~ ~~::. .--,,;--,.... ~-- ~~. By: Print Name: Its: Date: NOTICES TO BE SENT TO: (Telephone) LJ (Facsimile) LJ APPROVED AS TO FORM: NPDES INTERLOCAL AGREEMENT Page 12 of 15 (Telephone) (Facsimile) APPROVED AS TO FORM: 03/07/2007 22:57 5093383282 PULU'lAN PUBLIC l'JORI<S PAGE 02/03 LJ - (Telephone) (~ - (Telephone) <-) - (Facsimile) LJ - (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: -- '" -- ~;~,r~ ~_c'~/; < ~ Its: Its: Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: (-) - (Telephone) LJ - (Telephone) <-) - (Facsimile) L-) - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: PORT ANGELES: "- -....... --" CITY OF PORT ANGELES By: Print Name: NPDES INTERJ.OCAL AGREEMENT Page 11 of IS 03/07/2007 22:57 5093383282 PULU..1AN PUBLI C II-JORf<S PAGE 03/03 Its: Date: NOTICES TO BE SENT TO: NO ~_ S TO BE SENT TO: Mark Workman ~ublic Works Director 325 SE Paradise P~llman, WA 99163 (~ L.J (Telephone) (SOg) 338-3222 (Facsimile) (509) 338 - 3282 (Telephone) (Facsimile) APPROVED AS TO FORM: PUY ALLU~: c _~ : ....:. ';.. ;;..~ - -- RENTON ' ,,^ ~ _ t ~.:;;.-,..' __ :~.~,,-,1.: 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: LJ - (T alephone) LJ - (Telephone) (-) - (Facsimile) LJ - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: '''1. - \- - NPDES INTERLOCAL AGREE~ Pagel2 of! 5 Its: Print Name: Date: Its: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: LJ - (Telephone) LJ - (Telephone) LJ - (Facsimile) LJ - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: PUY ALLUP: Passed by the Puyallup "0: - ,:."z-;; "CitY Council on March 19; 200r- -eM - ,- -- >- CITY OF PUY ALLUP NOTICES TO BE SENT TO: Gary N. McLean City Attornev. City of Puyallup 330 Third Street S.W. Puvalluo. WA 98371 (253) 770-3324 (Telephone) (253) 770-3352 (Facsimile) NPDES lNTERLOCALAGREEMENT Page 12 of15 RENTON , - - . <.. " >< ,,; -' 'J;;:. ~'...... -_.. . .., -- -'" ~~ ~ ~ CITY OF RENTON By: Print Name: Its: Date: NOTICES TO BE SENT TO: LJ LJ (Telephone ) (Facsimile) APPROVED AS TO FORM: ! i I : I Its: Print Name: Date: Its: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: L) - (Telephone) LJ - (Telephone) (-) - (Facsimile) LJ - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: PUY ALLUP: - "ciTY OF PUYALLUP RENTON ~, ~- -CITY of=~ RENTON By: ::~~~{~ Its: Mayor Date: '-f! 2-- / 0 7 NOTICES TO BE SENT TO: Ron Straka Surface Water Utility Engineering Supervisor Print Name: Its: Date: NOTICES TO BE SENT TO: LJ LJ (Telephone ) (425) 430-7248 (Facsimile) (425) 430-7241 (Telephone ) (Facsimile) APPROVED AS TO FORM: VED AS TO FORM: ; .', ,~':-. \ " "< ~ -"!, " NPDES INTERLOCAL AGREEMENT Page 12of1S " Attest- ~ ". i.d~ - Bonnie I. Walton. City cferk RlCHLAND; CITY OF RICHLAND SAMMAMISH: CITY OF SAMMAMISH By: Print Name: Its: Date: NOTlC.ES 10 ~ENT TO: r~!!(J~~aF ?~~(.f~=~ ~~~ <m 'rr2 - ~8 (Tel~phone)' L) QP.t) f.~.? .. .7tV~ II (Facsimile) L-> NOTICES TO BE SENT TO: (Telephone) (Facslmne) IDAn~;z _' ,APPROVED AS TO FORM: . ., tf:.'.tt:....C,;;/. ...#4"c-- , , SEATAC: . ". SUMNER: CITY OF SEATAC -- CITY OF SUMNER By: . By. Print Name: Print Name: Its: Its: Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: L.J - (Telephone) LJ - (Telephone) LJ . (Facsimile) L) - (Facsimile) NPDES IN'TERLOCALAGREEMENT Page 130ftS ~ RICHLAND: SAMMAMISH: CITY OF RICHLAND CITY OF SAMMAMISH By: By: ~ _ -C~ --. Print ~ame: ~;; J/I f'; '-- Print Name: Its: Its: t'Jjj !vl · /l v Date: 'LfJjoY'(' Ii '7;, fl. 00-/ Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: {?, -t:J lJ'p 017 m /YI dArJA.'.:.Ji ttJ / ~(:J "17:1] 1/ ~_ :; 'E .?/JI"Y/tnflfl"vl.::,h Ii)l/ q~o7b- I . LJ - (Telephone) (11)6") ~q 5 - 06"00 (Telephone) LJ - (Facsimile) ~ ~c;S - IJ(PoO (Facsimile) APPROVED AS TO FORM: ~~PRO'(~$Si~J) - -- - - - - - - - ~- . - SEATAC: SUMNER: CITY OF SEATAC CITY OF SUMNER By: By: Print Name: Print Name: Its: Its: Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: LJ - (Telephone) LJ - (Telephone) LJ - (Facsimile) LJ - (Facsimile) NPDES INTERLOCAL AGREEMENT Page 13 of15 RICHLAND: SAMMAMISH: CITY OF RICH LAND 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) APPROVED AS TO FORM: APPROVED AS TO FORM: . . e . . . d _..~- ' -=:~ . " SEATAC: SUMNER: CITY OF SEAT AC CITY OF SUMNER By: Print Name: Its: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: MlIl<k -:30f! /lJ5EN S'EA/.loR /I5f7sTlf/l/T CZTY /lTTtJ/tfIEI( ~8aJ ..s:~ /&e tc > /REEr SEIITI'JC. , w/! 98/1313 . (;lOb) 973 -Lfb35 <:2112) 973 - 'f6tjCl (Telephone) L) (Facsimile) L) (Telephone ) (Facsimile) NPDESlliITERLOCALAGREEMENT Page 13 of15 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: L) - - -, (Telephone) L) - '" - (T,elephone) - - -- 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) NPDES INTERLOCAL AGREEMENT Page 14 of 15 LJ - (Facsimile) LJ - (F acsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: SEATAC: SUMNER: CITY OF SEATAC CITY OF SUMNER By: BY:Y~! ~ Print Name: David L Enslow Print Name: Its: Ma)!:or Its: Date: -:gj:{5/P'7 Date: NOTICES TO BE SENT TO; NOTICES TO BE SENT TO: Pat Bosmans City Attornev 1104 Maple Street. Suite 242 "" - ~ -- .- -- . ...:~ ~:: ~ - ~ ~ ~ "- Sumner, WA 98390 LJ - (Telephone) (253) 299 - 5611 (Telephone) LJ - (Facsimile) (253) 299 -5509 (Facsimile) APPROVED AS TO FORM: AP{:fCFORM: P. Bosmans I cftV Attorney 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: NPDES lNTERLOCAL AGREEMENT Page 13 of14 W 3Sl'Vd ~3Nlt>Jns .:JO AID l5lEt58E9l 0l:L0 L00llLl/E0 I APPROVED AS TO FORM: UNIVERSITY PLACE: CITY OF UNIVERSITY PLACE ::ntNam~~~uJ ya~ Its: f!.tfy I11Il/t(IL3"r Date: "7 - I ( - () -:; NOTICES TO BE SENT TO: :::ra 11'- t; JL 'Pu r t.-l 1',. lily /)..f!,;r rte 'I ~:1j~~1fi!:~~:'~t ~ I APPROVED AS TO FORM: VANCOUVER: CITY OF VANCOUVER By: Print Name: Its: Date: NOTICES TO BE SENT TO: (T el~ph9n~) _ ' (~) -</(p 0 - - .() l/ :z &, (1);~lElQbQn~) _'. L) (.253) <,/"0 - 2~L/ t,.. (Facsimile) L) APPROVED AS TO FORM: :;; '" pt.- -a r- c~ IJ KITSAP COUNTY: KITSAP COUNTY By: Print Name: Its: Date: NOTICES TO BE SENT TO: L) (Telephone ) NPDES INTERLOCAL AGREEMENT Page 14 of15 (Facsimile) APPROVED AS TO FORM: SEATAC: CITYOFSEATAC By: . Print Name: Its: Date: NOTICES TO BE SENT TO: ( ) (Telephone) APPROVED AS TO FORM: SUMNER: CITY OF SUMNER By: Print Name: Its: Date: NOTICES TO BE SENT TO: ( ) (Telephone) APPROVED AS TO FORM: UNIVERSITY ~LACE:.: .' - ------ ~- -. -- ------ -.-.-.-.-----------------.---.---.-------.-----------.-.- _: ~:.-~:.. ::"".J"/ : -~ _--; : or _ CITY OF UNIVERSITY PLACE By: Print Name: Its: Date: NOTICES TO BE SENT TO: ( ) (Telephone) APPROVED AS TO FORM: NPDES INTERLOCAL AGREEMENT Page 12 of 13 ',~ VANCOUVER: CITY OF VANCOUVER ~ 'm" -P- By: Uh ~ Print Name: at McDonnell Its: Ci~er Date: rd.}.. I~ AlJtJl-{ 9~6r (Telephone) G7030601nJv.t~ BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY WA ~. Q~ CL~QJ Jan A I, Commissioner ATTEST o~f ~RT1t!:cfi!i!;F THE BOARD NOTICES TO BE SENT TO: . Lisa Nickel. Deputy Prosecutinq Attornev-'.:...""': .-- ~- - - '; - 614 Division S1. MS-35A Port Orchard. WA 98366 ~_:. . /- !.. ((360)-337-4992 (Telephone) (360 )-337 -7083 (Facsimile) APPROVED AS TO FORM: NPDES INTERLOCAL AGREEMENT Page 18 of18