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]
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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
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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>-
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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;
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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 .
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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
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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.
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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
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BELLEVUE
BELLINGHAM:
CITY OF BEllEVUE
By:
CITY OF BELLINGHAM
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Print Name: .-:Ii fh fyJ~ La. ~
Its: Mtu{rlr ..J
Date: - - 7
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BOTHELL
CITY OF BOTHElL
CITY OF BREMERTON
NPDES lN1ERLOCAL AGREEMENT
Page 6 of 15
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I APPROVED AS TO FORM:
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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)
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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:
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BOTH Ell
CITY OF BOTHEll
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Print Name:
Its:
Date:
NOTICES TO BE SENT TO:
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Page 6 of 14
APPROVED AS TO FORM:
BREMERTON:
Print Na e: C.hL\.\ ~"l...eh'\al'"\
Its: ""'-o..."to C
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NOTICES TO BE SENT TO:
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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:
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CITY OF BUCKLEY
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BURIEN:
CITY OF BURl EN
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Print Name:
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NonCES TO BE SE~ TO:
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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
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BURLINGTON: CAMAS:
CITY OF BURLINGTON CITY OF CAMAS
By: By:
Print Name: Print Name:
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Its: Its:
Date: Date: -'
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
-
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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)
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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:
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DES MOINES:
CI1Y OF DES MOINES
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Its:
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CITY OF CAMAS
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Page 8 of 15
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BURLINGTON: CAMAS:
CITY OF BURLINGTON CITY OF CAMAS
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Print Name: Print Name:
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NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
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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
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BURLINGTON:
CllY OF BURLINGTON
By:
Print Name:
Its:
Date:
NOTICES TO BE SENT TO:
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DES MOINES:
CllY OF DES MOINES
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Print Name:
Its:
Date:
NOTICES TO BE SENT TO:
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CllY OF CAMAS
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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:
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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)
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'/ (
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
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ftm j J~' '?~ax s~ u
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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:
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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:
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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
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W~~~
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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
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KENT:
LONGVIEW:
CITY OF KENT
CITY OF LONGVIEW
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NOTICES TO BE SENT TO:
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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
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KENT:
LONGVIEW:
CITY OF KENT
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Print Name:
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Date:
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mar,'\u\r"\ 'it.. lll\tf'hl"'r-'G 1-lClifHl
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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
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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:
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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
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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)
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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:
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MOUNT VERNON:
CITY OF MARYSVILLE
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NOTICES TO BE SENT TO:
NPDES~RLOCALAGREEMENT
Page 10 of15
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NORMANDY PARK: ORTING:
CITY OF NORMANDY PARK CITY OF ORTING
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_ NOTICES TO BE ,SENTTO:_~_ ~,. ,,___ .< " ,NOTICES TO. BE SENT-TO:,.- '. .. ..
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PORT ANGELES: PULLMAN
CITY OF PORT ANGELES CITY OF PULLMAN
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NPDESmTERLOCALAGREEMENT
Page 11 of 15
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Cl OF NORMANDY PARK I CITY OF ORTING
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NORMANDY PARK: ORTING:
CITY OF NORMANDY PARK CITY OF ORTING
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PORT ANGELES:
CITY OF PORT ANGELES
By:
PULLMAN
CITY OF PULLMAN
By:
Print Name:
NPDES fNTERLOCAL AGREEMENT
Page II of 15
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NORMANDY PARK: ORTING:
CITY OF NORMANDY PARK CITY OF ORTING
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Print Name: Print Name:
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NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
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APPROVED AS TO FORM: APPROVED AS TO FORM:
PORT ANGELES:
PULLMAN
CITY OF PORT ANGELES
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CITY OF PULLMAN
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NPDES INTERLOCAL AGREEMENT
Page 11 of15
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Date:
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PUYALLUP:
CITY OF PUYAL[Dp~-':;"~.".";z;:"," ..-
By:
Print Name:
Its:
Date:
NOTICES TO BE SENT TO:
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Its:
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NOTICES TO BE SENT TO:
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RENTON
ciN"oF- RENTON
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Date:
NOTICES TO BE SENT TO:
(Telephone) LJ
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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
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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'~/; < ~
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Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
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PORT ANGELES:
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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
(~
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(Telephone) (SOg) 338-3222
(Facsimile) (509) 338 - 3282
(Telephone)
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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:
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(-) - (Facsimile) LJ - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
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Pagel2 of! 5
Its: Print Name:
Date: Its:
Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
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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
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CITY OF RENTON
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Print Name:
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Date:
NOTICES TO BE SENT TO:
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Its: Print Name:
Date: Its:
Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
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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:
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(Telephone ) (425) 430-7248
(Facsimile) (425) 430-7241
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Page 12of1S
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Attest- ~ ". i.d~
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RlCHLAND;
CITY OF RICHLAND
SAMMAMISH:
CITY OF SAMMAMISH
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Print Name:
Its:
Date:
NOTlC.ES 10 ~ENT TO:
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SEATAC: . ". SUMNER:
CITY OF SEATAC -- CITY OF SUMNER
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Print Name:
Print Name: Its:
Its: Date:
Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
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NPDES IN'TERLOCALAGREEMENT
Page 130ftS
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RICHLAND: SAMMAMISH:
CITY OF RICHLAND CITY OF SAMMAMISH
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Print Name:
Its: Its: t'Jjj !vl · /l v
Date: 'LfJjoY'(' Ii '7;, fl. 00-/
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NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
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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:
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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:
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APPROVED AS TO FORM: APPROVED AS TO FORM:
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SEATAC:
SUMNER:
CITY OF SEAT AC
CITY OF SUMNER
By:
Print Name:
Its:
Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
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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:
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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
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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)
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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
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UNIVERSITY PLACE:
CITY OF UNIVERSITY PLACE
::ntNam~~~uJ ya~
Its: f!.tfy I11Il/t(IL3"r
Date: "7 - I ( - () -:;
NOTICES TO BE SENT TO:
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~:1j~~1fi!:~~:'~t ~
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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)
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:;; '" pt.- -a r- c~ IJ
KITSAP COUNTY:
KITSAP COUNTY
By:
Print Name:
Its:
Date:
NOTICES TO BE SENT TO:
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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
~.
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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