HomeMy WebLinkAboutNPDES Interlocal AgreementINTERLOCAL 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
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)
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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 II
permits (Litigation).
2. Duration: This Agreement shall be effective January 25, 2007, irrespective
of the date members of the Coalition execute this Agreement. Unless terminated by
any party in accordance with Paragraph 5, Termination, the Agreement shall remain
in full force and effect through conclusion of the Legal Services either through
settlement of the dispute with the State of Washington, Pollution Control Hearings
Board order, court order or other court disposition by the highest court authorized to
hear an appeal of this matter, and/or other mutual resolution of the legal challenge or
Legal Services as agreed to among members of the Coalition as provided in
Paragraph 5.2 of this Agreement.
3. Administration: Coalition shall enter into a Joint Prosecution Agreement for
the administration of the Legal Services and Litigation. Said Joint Prosecution
Agreement shall include, but need not be limited to, a confidentiality agreement,
establishing a structure for the administration and oversight of the Legal Services
and Litigation that is efficient and effective given the number of Coalition who are
parties to this Agreement, including oversight of the legal costs incurred pursuant to
this Agreement and any other subjects necessary or appropriate to the administration
of the Legal Services and prosecution of the Litigation. If this Agreement is effective
prior to finalizing the Joint Prosecution Agreement, Coalition authorize the City of
Bellevue to be Lead Agency to do all things necessary and/or appropriate to pursue
the Litigation on behalf of Coalition including but not limited entering into an
agreement for Legal Services as contemplated herein.
4. Payment:
4.1 The Legal Services' fees and costs shall be shared equally by all
Coalition regardless of a member of the Coalition's population or nature or any other
factor distinguishing it from another member of the Coalition. This obligation shall
continue through conclusion of the Legal Services as provided in Paragraph 2 above,
unless a member of the Coalition terminates its participation in this Agreement as
provided in Paragraph 5. Members of the Coalition hereby authorize said fees and
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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.
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5.2 Termination by Mutual Written Agreement. This Agreement may
be terminated at any time by mutual written agreement of a majority of the then
participating members of the Coalition. Members shall be obligated to pay for Legal
Services incurred to the date of Notice to the provider of Legal Services that its
services are no longer needed and any reasonable additional fees and costs
necessary to conclude its Legal Services.
5.3 Distribution of Assets upon Termination. It is not anticipated that
any assets will be acquired as a result of participating in this Agreement. If,
however, any assets are acquired with joint funds of the Members of the Coalition,
those assets will be equally divided among the members at the asset's fair market
value upon termination. The value of the assets shall be determined by using
commonly accepted methods of valuation. Additionally, any funds remaining in the
interest-bearing account following conclusion of all Legal Services shall be equally
divided among the members of the Coalition.
6. Miscellaneous:
6.1 Amendments. This Agreement may only be amended by mutual
written agreement of the members of the Coalition.
6.2 Severability. If any section of this Agreement is adjudicated to be
invalid, such action shall not affect the validity of any section not so adjudicated.
6.3 Interpretation. The legal presumption that an ambiguous term of
this Agreement should be interpreted against the party who prepared the Agreement
shall not apply.
6.4 Ownership of Property. Any property owned and used by Bellevue
in connection with this Agreement shall remain the property of Bellevue and any
property owned and used by any other participating member of the Coalition shall
remain the property of that member, unless otherwise specifically provided in this
Agreement or its amendment.
6.5 Notice. All communications regarding this Agreement will be sent
to the parties at the addresses listed on the signature page of the Agreement, unless
notified to the contrary. Any written notice shall become effective upon personal
service or three (3) business days after the date of mailing by registered or certified
mail, and will be deemed sufficiently given if sent to the addressee at the address
stated in this Agreement or any other address if later specified in writing. Except for
the requirement of Notice as provided in this Agreement, nothing herein shall be
construed to prevent the members of the Coalition from communicating among
themselves by email, fax or other electronic means. Any governmental agency not
specifically named herein, that later joins in this Agreement, shall give to all members
of the Coalition then participating under this Agreement written notice of the name
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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 of the Coalition
entering into this Agreement shall be responsible for ensuring that it is filed in
accordance with RCW 39.34.040.
IN WITNESS, the parties below execute this Agreement, which shall become
effective
ANACORTES:
CITY OF ANACORTES
By:
2007.
AUBURN:
Print Name:
Its:
Date:
CI OF AU N
~~ L~--~
Print Name: Peter B. Lewis
Its: Mayor
Date: 6 l~ lam , nunc pro tunc
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
Daniel B. Heid
Auburn City Attorney
25 West Main Street
(~ - (Telephone)
U - (Facsimile) Auburn, WA 98001
(253) 931-3054 (Telephone)
(253) 931-4007 (Facsimile)
APPROVED AS TO FORM: APP D FOR
D el B. Hei rn City A ney
NPDES INTERLOCAL AGREEMENT
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( ) - (Facsimile) ( ) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
BELLEVUE
CITY OF BELLEVUE
By:
Print Name:
Its: BELLINGHAM:
CITY OF BELLINGHAM
By:
Print Name:
Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
( ) - (Telephone)
( ) - (Facsimile) ( ) - (Telephone)
( ) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
BOTHELL
CITY OF BOTHELL BREMERTON:
CITY OF BREMERTON
NPDES INTERLOCAL AGREEMENT
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By: By:
Print Name:
Its: Print Name:
Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
( ) - (Telephone)
(~ - (Facsimile) ( ) - (Telephone)
( ) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
BUCKLEY:
CITY OF BUCKLEY
By: BURIEN:
CITY OF BURIEN
By:
Print Name:
Its: Print Name:
Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
( ) - (Telephone)
( ) - (Facsimile) ( ) - (Telephone)
( ) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
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BURLINGTON:
CITY OF BURLINGTON
By: CAMAS:
CITY OF CAMAS
By:
Print Name:
Its: Print Name:
Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
( ) - (Telephone)
( ) - (Facsimile) ( ) - (Telephone)
( ) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
DES MOINES:
CITY OF DES MOINES
By: ELLENSBURG:
CITY OF ELLENSBURG
By:
Print Name:
Its: Print Name:
Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
( ) - (Telephone)
( ) - (Facsimile) ( ) - (Telephone)
( ) - (Facsimile)
NPDES INTERLOCAL AGREEMENT
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APPROVED AS TO FORM: APPROVED AS TO FORM:
EVERETT:
CITY OF EVERETT
By: FEDERAL WAY:
CITY OF FEDERAL WAY
By:
Print Name:
Its: Print Name:
Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
( ) - (Telephone)
( ) - (Facsimile) ( ) - (Telephone)
( ) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
FIRCREST:
CITY OF FIRCREST
By: KENNEWICK:
CITY OF KENNEWICK
By:
Print Name:
Its: Print Name:
Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
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( ) - (Telephone)
( ) - (Facsimile) ( ) - (Telephone)
( ) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
KENT:
CITY OF KENT
By: LONGVIEW:
CITY OF LONGVIEW
By:
Print Name:
Its: Print Name:
Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(~ - (Telephone)
( ) - (Facsimile) ( ) - (Telephone)
( ) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
MARYSVILLE:
CITY OF MARYSVILLE
By: MOUNT VERNON:
CITY OF MOUNT VERNON
By:
Print Name:
Its: Print Name:
Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
NPDES INTERLOCAL AGREEMENT
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( ) - (Telephone)
( ) - (Facsimile) ( ) - (Telephone)
( ) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
NORMANDY PARK:
CITY OF NORMANDY PARK
By: ORTING:
CITY OF ORTING
By:
Print Name:
Its: Print Name:
Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
( ) - (Telephone)
( ) - (Facsimile) ( ) - (Telephone)
( ) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
PORT ANGELES: ~ PULLMAN
CITY OF PORT ANGELES CITY OF PULLMAN
By:
By:
Print Name:
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Its: Print Name:
Date: Its:
Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
( ) - (Telephone)
( ) - (Facsimile) ( ) - (Telephone)
( ) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
PUYALLUP:
CITY OF PUYALLUP
By: RENTON
CITY OF RENTON
By:
Print Name:
Its: Print Name:
Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
( ) - (Telephone)
( ) - (Facsimile) ( ) - (Telephone)
( ) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
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RICHLAND:
CITY OF RICHLAND
By: SAMMAMISH:
CITY OF SAMMAMISH
By:
Print Name:
Print Name:
Its: Its:
Date:
Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
( ) - (Telephone)
(~ - (Facsimile) () - (Telephone)
( ) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
SEATAC:
CITY OF SEATAC
By: SUMNER:
CITY OF SUMNER
By:
Print Name:
Print Name:
Its: Its:
Date:
Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
( ) - (Telephone)
( ) - (Facsimile) ( ) - (Telephone)
( ) - (Facsimile)
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APPROVED AS TO FORM: APPROVED AS TO FORM:
UNIVERSITY PLACE:
CITY OF UNIVERSITY PLACE
By: VANCOUVER:
CITY OF VANCOUVER
By:
Print Name:
Print Name:
Its: Its:
Date:
Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
( ) - (Telephone)
~) - (Facsimile) ( ) - (Telephone)
(_) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
KITSAP COUNTY:
KITSAP COUNTY
By:
Print Name:
Its:
Date:
NOTICES TO BE SENT TO:
( ) - (Telephone)
NPDES INTERLOCAL AGREEMENT
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