HomeMy WebLinkAboutLW07-019 - Amendment - #1 - Coalition of Government Entities - NPDES Legal Services - 01/15/2008 FIRST AMENDMENT TO THE 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,
SEATAC, SUMNER, UNIVERSITY PLACE AND VANCOUVER AND KITSAP
COUNTY REGARDING LEGAL SERVICES
THE I.NTERLOCAL 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 II Permittees
that might become a party to this Interlocal known as the "Coalition of Governmental
Entities" is hereby amended as follows.
The names of Bellingham, Buckley, Ellensburg and Kennewick shall be stricken from
the Coaltion Interlocal Agreement as these jurisdictions have withdrawn from the
Coalition pursuant to notice given under Paragraph 5 1 of the Interocal 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withdrawn from the litigation related to the Phase II permits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: r
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 Soundkeepers Alliance and
others, the Coalition hereby authorizes additional fees and costs of up to $650,000,
for a total of fees and costs of up to $925,000 These additional fees and costs are to
be paid in full through contributions from each member of the Coalition in an amount
determined according to agreement between the members and with consideration
given to the financial ability of members to pay. In the event Bellevue must take
legal action to collect any amount due from a member of the Coalition, Bellevue shall
be entitled to recover all costs for said action including reasonable attorney's fees
Paragraph 4.3 is hereby amended to read as follows-
4.3 Except as provided in Paragraph 4.2 above, in the event additional
governmental entities join this Agreement, the share of each member of the Coalition
shall be reduced accordingly In the event fewer governmental agencies participate
in this Agreement or terminate their participation, the share of each remaining
participating member of the Coalition shall increase accordingly
All other provisions of the Coalition Intedocal Agreement remain in full force and
effect
IN WITNESS, the parties below execute this First Amendment to the Coalition
Interlocal Agreement which shall become effective January , 2008.
ANACORTES: AUBURN:
CITY OF ANACORTES CITY OF AUBURN
By: By.
Print Name: Print Name:
Its Its
Date. Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(Telephone) - Telephone
C--) - (Facsimile) (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
BELLEVUE BOTHELL:
CITY OF BELLEVUE CITY OF BOTHELL
By By:
Print Name: Print Name
Its Its
Date: Date
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
C--) - (Telephone) C_) - (Telephone)
C-) - (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) (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
FEDERAL WAY: FIRCREST:
CITY OF FEDERAL WAY CITY OF FIRCREST
By: By:
i
Print Name: Print Name:
Its. Its
Date Date
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(Telephone) C_) - (Telephone)
(Facsimile) L) - (Facsimile)
APPROVED AS TO FORM:
KENT: LONGVIEW:
CITY OF KENT CITY OF LONGVIEW
6
. By:
Print Name SUZETTE COOKE Print Name:
Its: Mayor Its
Date: Date
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
City of Kent Law Department
Attn: Susan Jensen
220 Fourth Avenue S
Kent, WA 98032
253) 856 - 5770 (Telephone) C_) - (Telephone)
253) 856 - 6770 (Facsimile) C_) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
MARYSVILLE: MOUNT VERNON:
CITY OF MARYSVILLE CITY OF MOUNT VERNON
By: By.
Print Name: Print Name:
Its: Its
Date- Date
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(Telephone) (Telephone)
(Facsimile) (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
NORMANDY PARK: ORTING:
CITY OF NORMANDY PARK CITY OF ORTING
By: By:
Print Name: Print Name:
Its: Its
Date: Date.
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(_) - (Telephone) (Telephone)
(Facsimile) (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
PORT ANGELES: PULLMAN:
CITY OF PORT ANGELES CITY OF PULLMAN
By: By.
Print Name: Print Name:
Its Its:
Date: Date
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
�) - (Telephone) (_) - (Telephone)
(Facsimile) (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
PUYALLUP: RENTON
CITY OF PUYALLUP CITY OF RENTON
By. By.
Print Name Print Name:
Its Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
C-) - (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: