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HomeMy WebLinkAbout4858 RESOLUTION NO. 4858 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING AND AUTHORIZING THE MAYOR TO SIGN ON THE CITY'S BEHALF AN INTERLOCAL AGREEMENT WITH THE CITIES OF BAINBRIDGE ISLAND, BELLEVUE, BURLINGTON, DES MOINES, EVERETT, ISSAQUAH, KENT, MOUNT VERNON, RENTON, SEATAC, SUMNER, AND COWLITZ COUNTY, REGARDING LEGAL SERVICES WHEREAS, the City of Auburn has joined with a number of other cities in filing an appeal to the Pollution Control Hearings Board regarding the new Department of Ecology regulations for NPDES Phase II Permitees; and WHEREAS, to assure that the city positions are reflected in the ultimate permit requirements, it is appropriate that the participating cities formalize their joint prosecution agreement, and be prepared to increase their financial contribution towards the legal costs involved if necessary NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to sign on the City's behalf an interlocal agreement with the cities of Bainbridge Island, Bellevue, Burlington, Des Moines, Everett, Issaquah, Kent, Mount Vernon, Renton, Seatac, Sumner, and Cowlitz County, to formalize the joint prosecution agreement and to provide for a method to increase the City's final contribution towards the legal costs in the appeal of the Department of Ecology's NPDES Phase II permit requirements. Resolution No. A September 10, 2012 Page 1 of 2 Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section-3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this 1 V+` day off�PQLe b 2012. CITY F AUB PETER . LEWIS MAYOR ATTEST Danielle E. Daskam, City Clerk APPRO ED S TO FORM: D I B Hei , i Attor y Resolution No _ September 10, 2012 Page 2 of 2 INTERLOCAL AGREEMENT BETWEEN THE CITIES OF AUBURN, BAINBRIDGE ISLAND, BELLEVUE, BURLINGTON, DES MOINES, EVERETT, ISSAQUAH, KENT, MOUNT VERNON, RENTON, SEATAC, SNOQUALMIE AND SUMNER AND COWLITZ COUNTY REGARDING LEGAL SERVICES THIS INTERLOCAL AGREEMENT("Agreement') is entered into between the Cities of Auburn, Bainbridge Island, Bellevue, Burlington, Des Moines, Everett, Issaquah, Kent, Mount Vernon, Renton, SeaTac, Snoqualmie, Sumner and Cowlitz County and any other Phase II Perrnittees 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 fomns 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 August 31, 2012, the effective date of the DOE Standards. Members of the Coalition wish to retain outside counsel (Counsel)to represent the Coalition in said legal challenge(s) and wish to collectively pay Counsel as further set forth below 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, or other selected legal counsel(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 August 13, 2012, irrespective of the date members of the Coalition execute this Agreement. Unless terminated by any parry 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 52 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 by members of the Coalition based upon the cost-sharing formula set forth in Exhibit "A" attached hereto and incorporated by this reference. 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 $255,000. The amount of this authorization may be increased administratively with the addition of new Coalition members up to a total of$500,000. Provided, however, any increase in the cost of legal services that would require additional payments from any Coalition members in excess of the obligations set forth in Exhibit"A"shall require amendment of this Agreement unless an individual Coalition member expressly volunteers to increase its share without the necessity of amendment of this Interlocal Agreement. 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 12 governmental entities have committed to joining this appeal, and based upon the cost- sharing formula set forth in Exhibit"A" hereto, each member of the Coaltion is obligated to make payment of its proportionate share to the City of Bellevue. 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 govemmental entities join this Agreement, each new member of the Coalition shall be obligated to payment to the City of Bellevue based upon the cost-sharing formula set forth in Exhibit"A" 4 4 While it is recognized that members of the Coalition may not be able to sign this Agreement before August 31, 2012 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 into and signs this Agreement agrees to pay for Legal Services performed from and after August 13, 2012, 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 sixty (60) days 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 41, 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, and shall not entitle the terminating member to any refund of monies already paid to the Coalition. Except as provided in Paragraph 5.2, the termination of a member's participation in this Agreement shall not result in the termination of this Agreement with respect to other members of the Coalition. 5.2 Termination by Mutual Written Agreement. This Agreement may be terminated at any time by mutual written agreement of a majority of the then participating members of the Coalition. Members shall be obligated to pay for Legal Services incurred to the date of Notice to the provider of Legal Services that its services are no longer needed and any reasonable additional fees and costs necessary to conclude its Legal Services. 5.3 Distribution of Assets upon Termination. It is not anticipated that any assets will be acquired as a result of participating in this Agreement. If, however, any assets are acquired with joint funds of the Members of the Coalition, those assets will be equally divided among the members at the assets 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 divided among the members of the Coalition in amounts proportionate to the members' contributions to the Agreement based upon the cost-sharing formula contained in Exhibit"A and ariy other voluntary contributions made by that member 6. Miscellaneous: 6.1 Amendments. Except as expressly provided herein, 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 noted to the contrary Any written notice shall become effective upon personal service or three (3) business days after the date of mailing by registered or certified mail, and will be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or any other address if later specified in writing. Except for the requirement of Notice as provided in this Agreement, nothing herein shall be construed to prevent the members of the Coalition from communicating among themselves by email, fax or other electronic means. Any governmental agency not specifically named herein, that later joins in this Agreement, shall give to all members of the Coalition then participating under this Agreement written notice of the name and address of the person that can accept notices on behalf of such joining governmental agency 6.6 Counterparts. This Agreement may be entered into with any number of counterparts which, taken collectively, will constitute one entire agreement. 6.7 Ratification and Confirmation. All acts taken prior to the effective date of this Agreement that are consistent with the intent and purpose of the same are hereby ratified and confirmed retroactive to August 13, 2012. 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 August \ L , 2012. AUBURN: BAINBRIDGE ISLAND- CITY N CITY OF BAINBRIDGE ISLAND By By Print Name: Print Name: Its: Its: Date: G Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: ^14�� Clcoss C� S3 _- 601 (Telephone) (Telephone) (Facsimile) (Facsimile) APR OV D A OF APPROVED AS TO FORM: BELLEVUE: BURLINGTON: CITY OF BELLEVUE CITY OF BURLINGTON 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) U (Telephone) U - (Facsimile) (__) - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: I ? ) 2 a)] ƒ E / / / / z 0 z 2 0 w e 2 � 2 « § . m o o LL z z t > E 2 o z Q o 0 0 \ o £ ( ¥ cl z w m ( k0 z / r_ k (D ? a)t } E LL LL ƒ k k k z k L U- E. z $ � o > K R m 0 z m _ 6 ° § § 2 6 0 kz . . § z 0 LL z . . § 2 » 2 0 a. o f , 0 = ± k= z / / « . ■ e ± k,0 g / APPROVED AS TO FORM: APPROVED AS TO FORM: SEATAC: SNOQUALMIE: CITY OF SEATAC CITY OF SNOQUALMIE By BY Print Name: Print Name: Its: Its: Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: (— - (Telephone) (_ - (Telephone) U - (Facsimile) (__) - (Facsimile) APPROVED AS-TO FORM: APPROVED AS TO FORM: SUMNER: COWLITZ CITY OF SUMNER COWLITZ COUNTY By By- Print Name: Print Name: Its: Its: Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: (Telephone) (Telephone) U - (Facsimile) (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: I EXHIBIT"A" TO INTERLOCAL AGREEMENT REGARDING LEGAL SERVICES For purposes of pursuing an appeal of the 2013-18 NPDES permit issued by the state Department of Ecology on August 1, 2012,the following delineates the financial contributions to be made by members of the Governmental Entities Coalition. Entities with a population of up to 10,000: $10,000 Entities with a population between 10,001 and 30,000 $15,000 Entities with a population between 30,001 and 50,000 $20,000 Entities with a population above 50,000 $25,000 i INTERLOCAL AGREEMENT BETWEEN THE CITIES OF AUBURN, BAINBRIDGE ISLAND, BELLEVUE, BOTHELL, BREMERTON, BURLINGTON, CAMAS, DES MOINES, EVERETT, FERNDALE, ISSAQUAH, KELSO, KENT, KIRKLAND, LONGVIEW, LYNNWOOD, MOUNT VERNON, POULSBO, RENTON, SAMMAMISH, SEATAC, SNOQUALMIE AND SUMNER AND COWLITZ COUNTY REGARDING LEGAL SERVICES THIS INTERLOCAL AGREEMENT("Agreement") is entered into between the Cities of Auburn, Bainbridge Island, Bellevue, Bothell, Bremerton, Burlington, Camas, Des Moines, Everett, Femdale, Issaquah, Kelso, Kent, Longview, Lynnwood, Mount Vernon, Poulsbo, Renton, Sammamish, SeaTac, Snoqualmie, Sumner and Cowlitz County and any other Phase II Permittees that might join this Coalition of Governmental Entities(collectively, "Coalition"). RECITALS I 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 i 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 August 31, 2012, the effective date of the DOE Standards. Members of the Coalition wish to retain outside counsel (Counsel)to represent the Coalition in said legal challenge(s)and wish to collectively pay Counsel as further set forth below 4 NOW THEREFORE, in consideration of the terms and provisions contained herein, Coalition agrees as follows: I. AGREEMENT r. T. i I I ' 1 Purpose: It is the purpose of this Agreement to have the Coalition collectively pay for the legal services of Foster Pepper PLLC, or other selected legal counsel(Legal j 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 August 13, 2012, irrespective of the date members of the Coalition execute this Agreement. Unless terminated by any parry 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. i 3 Administration: Coalition shall enter into a Joint Prosecution Agreement for the administration of the Legal Services and Litigation. Said Joint Prosecution Agreement shall j 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 I. 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 i 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: i I 41 The Legal Services' fees and costs shall be shared by members of the Coalition based upon the cost-sharing formula set forth in Exhibit"A"attached hereto and incorporated by this reference 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 $460,000 The amount of this authorization may be increased administratively with the addition of new Coalition members up to a total of$500,000 Provided, however, any increase in the cost of legal services that would require additional payments from any Coalition members in excess of the obligations set forth in Exhibit"A° shall require amendment of this Agreement unless an individual Coalition member expressly volunteers to increase its share without the necessity of amendment of this Interlocal Agreement. 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 i costs of the provider of Legal Services. At the time of drafting of this Agreement 12 governmental entities have committed to joining this appeal, and based upon the cost sharing formula set forth in Exhibit"A"hereto, each member of the Coalition is obligated to make payment of its proportionate share to the City of Bellevue. 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, each new member of the Coalition shall be obligated to payment to the City of Bellevue based. upon the cost-sharing formula set forth in Exhibit"A". _ 4 4 While it is recognized that members of the Coalition may not be able to sign this Agreement before August 31, 2012 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 into and signs this Agreement agrees to pay for Legal Services performed from and after August 13, 2012, 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. Attached hereto as Exhibit"B" is the authorization for the Foster Pepper law firm to act as Special Counsel to Cowlitz County executed by the Presiding Judge 5 Termination. 5 1 Termination by Notice. Any participating member of the Coalition may i terminate its participation in this Agreement by providing at least sixty(60)days 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 i 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 41, 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, and shall not entitle the terminating member to f any refund of monies already paid to the Coalition. 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. j i I 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 i i 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 divided among the members of the Coalition in amounts proportionate to the members' contributions to the Agreement based upon the cost-sharing j formula contained in Exhibit"A and any other voluntary contributions made by that member 6 Miscellaneous: I 6.1 Amendments. Except as expressly provided herein, 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 i amendment. 6 5 Notice All communications regarding this Agreement will be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary Any written notice shall become effective upon personal service or three (3) business days after the date of mailing by registered or certified mail, and will be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or any other address if later specified in writing Except for the requirement of Notice as provided in this Agreement, nothing herein shall be construed to prevent the members of the Coalition from communicating among themselves by email, fax or other electronic means. Any governmental agency not specifically named herein, that later joins in this Agreement, shall give to all members of the Coalition then participating under this Agreement written notice of the name and address of the person that can accept notices on behalf of such joining governmental agency 6 6 Counterparts. This Agreement may be entered into with any number of counterparts which,taken collectively, will constitute one entire agreement. 6.7 Ratification and Confirmation. All acts taken prior to the effective date of this Agreement that are consistent with the intent and purpose of the same are hereby ratified and confirmed retroactive to August 13, 2012 i 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 or publicly posted in accordance with RCW 39.34 040 j IN WITNESS, the parties below execute this Agreement, which shall become It effective August , 2012. i I AUBURN: BAINBRIDGE ISLAND: CITY OF AUBURN CITY OF BAINBRIDGE ISLAND By- By- Print Name. Print Name. Its. Its: Date. Date NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: (Telephone) ( ) - (Telephone) (Facsimile) (Facsimile) i APPROVED AS TO FORM: APPROVED AS TO FORM: I i i EXHIBIT"A" TO INTERLOCAL AGREEMENT REGARDING LEGAL SERVICES I For purposes of pursuing an appeal of the 2013-18 NPDES permit issued by the state Department of Ecology on August 1,2012,the following delineates the financial contributions to be made by members of the Governmental Entities Coalition. I Entities with a population of up to 10,000• $10,000 Entities with a population between 10,001 and 30,000 $15,000 Entities with a population between 30,001 and 50,000 $20,000 Entities with a population above 50,000 $25,000 I f I i 0 -E cr- EQ SO cc U_ m 0 z r w E W Z R 0) sa LU p. E N > CD U_ 2 m :3 z! S 0 z Z -ra- 'ICL a z . . . cy; (xb) .2 C'i —0 E 00 V_ ccaj U_ tE co 01 A = (D CL 4) r E .8 -Z- 0 C6 U. 0'— 9 z 0 LU z Lu La I v Ln iD OU C) m CL to I i 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, E IN WITNESS, the parties below execute this Agreement,which shall become effective August, , 2012. _. i AUBURN: BAINBRO69 ISLAND: CITY OF AUBURN CITY OF BAINBRIDGE ISLAND By By. Print Name. Print Name' Its: Its: j�xkA C& t ccvt a ✓ Date: .... . Date . 2— NOTICES TO BE SENT TO: NOTICES TO 6E SENT TO: aacb c�r��; �E i (`} (Telephone) ( U,5 (Telephone) I (Facsimile) (Utz_- �CoG (Facsimile) APPROVED AS TO FORM: APPROVED'AS TO FORM: I BELL.EVUE: BURLINGTON: i i i i BELLEVUE: BURLINGTON: CITY OF BELLEVUE CITY OF BURLINGTON By /mil By Print Name: PW `fIYA�� Print Name Its: PEI" c4rI 940 Its: Date: 1b- - 1 Z- Date. NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Zo (Telephone) - (Telephone) (Facsimile) (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: 0L Y),j X2� I i G► DES MOINES': EVERETT I i CITY OF DES MOINES CITY OF EVERETT By- By. I Print Name: Print Name: Its: Its: Date: Date. NOTICES TO BE SENT TO- NOTICES TO BE SENT TO: i (_ - (Telephone) (Telephone) (- - (Facsimile) (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: E i I Its: Its: Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: i I I L j _ (Telephone) (Telephone) (_—i (Facsimile) (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: BOTHELL: City of Bothell By. By: I Print Name: Print Name: �o best- S4-o w e— Its: G.4-Y mo VIAL Q-r Its: Date: Date: I NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: A,gr7 Ca'�y I¢ �fOr view -o e- 1 g3oS lol st five. A1(f�, (Telephone) (_) - (Telephone) qh a (Facsimile) (_� (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: i i Its: Its: Date: Date• i NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: i i i i (Telephone) (_) (Telephone) (� (Facsimile) (Facsimile) i APPROVED AS TO FORM: APPROVED AS TO FORM: BOTHELL: BREMERTON i City of Bothell City of Bremerton By: By: C Print Name: Pr M,&r-V Name: a. its: its s" Date: Date:. t o. +2 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: offk `t oo (� (Telephone) ( `'��3 - Z3 (Telephone) (� (Facsimile) ( `-C�3 - S( � (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: i CITY OF.BELLEVUE CITY OF BURLINGTON By- By: Print Name: Print N me:!��e {'Cxr M-- Its: Its: [Player Date: Date: Q g�mber t8,am ta- NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: U (Telephone) (Telephone) Lj - (Facsimile) (_) - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: I i I DES MOINES: EVERETT. I 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) C) (Telephone) i L—) - (Facsimile) (_) - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: i U - (Telephone) (Telephone) (Facsimile) U - (Facsimile) i APPROVED AS TO FORM: APPROVED AS TO FORM: I i i CAMAS: KIRKLAND: i CITY O AMAS CITY OF KIRKLAND By' By- Print Name. Print Name. Its: AA14A Its. Date. °rl2o ice— Date NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: S4FAs..avl X30 mevERES r' /�' �" i CxrA 0. W A 100-1 i (Nc)) "d 34 - 44v1t (Telephone) C - (Telephone) U - (Facsimile) (� - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: I LONGVIEW: SAMMAMISH: j CITY OF LONGVIEW CITY OF SAMMAMISH By. By Print Name. Print Name. Its. Its: Date: Date NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CITY OF BELLEVUE CITY OF BURLINGTON By: By: Print Name: Print Name: Its: Its: Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: i (--j - (Telephone) (Telephone) I C—) - (Facsimile) (__j - (Facsimile) j APPROVED AS TO FORM: APPROVED AS TO FORM: DES MOINES: EVERETT: i CITY OF z MO! CITY OF EVERETT By: By: Print Name: gOia a I to-ser, a Print Name: Its: Ickya, AgA,4ar- Its: Date: (fig eAeW g:� aota- Date: I NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: (I 4v cn v- s ! o 5' C �� Ma�,os wfl 4 I g8 I 65r3 (Telephone) U - (Telephone) (Zo6). Sao -- 6S 7 Z (Facsimile) (- - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: i APPROVED AS TO FORM: APPROVED AS TO FORM: i SNOQUALMIE: SUMNER: I CITY OF SNOQUALMIE CITY OF SUMNER By* By- Print Name. Print Name: Its: Its: Date. Date. NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: (Telephone) (Telephone) L- - (Facsimile) (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: EVERETT CITY OF EVERETT _ Date: O'd 4A Mayo Stephilon Notices to be sent to: A{"�' T' James D Iles.City Attorney 2930 Wetmore Avenue suite 10-C Everett,WA 98201 C y Clerk Tel.425-257-8739 Fax 425-257-8693 Approved as to form. ity Attorney � / ! | ! | � ! | / C-j (Telephone) (Telephone) C—j (Facsimile) C_j (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: City of Poulsbo City of Kelso Ph*ht Name: Print Name: Its: Its: ' Date: Date; NOTICES TO BE SENT TO: NOTICES TO BE SENT TO- Li (Fao_simlle Li (Facsimile) APPROVED AS TO FORM: 'APPk0-­VED AS TO FORM-0; City of Lynnwood City of Femd/, e, Print Name: Print Na—vel � ' / | � ! | � ' | _ (Telephone) (—j (Telephone) (Facsimile) (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: City of Poulsbo Cit -of Kelso. Print Name: Pr.!-nt,Name, Its: itSe Datei NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: (Telephone) (Telephone) (Facsimile) (Faceiralle) APPROVED AS TO FORM., APPROVED AS TO FOAM' City of Lynnwood Q.ity of Ferndale Print Name: Ngme. ' ISSAQUAH: KENT: f CITY OF ISSAQUAH CITY OF KENT i By' Ark e By' ,ate ti Print Name A va F rCSZY1 'e' Print Name Its: m"8 t� of tissau Its. Date- Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: 0 i (Telephone) (� - (Telephone) i (- - (Facsimile) (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: I MOUNT VERNON: RENTON: CITY OF MOUNT VERNON RENTON i By: By- Print Name: Print Name: Its: Its: Date: Date: I i NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: i • I i I. (_) - (Telephone) (__) - (Telephone) U - (Facsimile) (Facsimile) 7 i i BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY,WASHINGTON i i e e Rai" r, hairman i f r j Michael A. Kamofski, C r mmfssioner t i . Misner, Commi 'over f �OPRO OF COGy ATTEST 0 �0 <, &,L� SS Clerk of the Board APPROV TO FOR Deputy cutmg Attorney NOTICES TO BE SENT TO: Douglas E. Jensen Chief Civil Deputy Cowlitz County Prosecuting Attomey 312 SW First Ave. Kelso,WA 98626 jensend(&.co.cowlitz.wa.us(e-mail) QUO (Telephone) (360)414-9121 (Facsimile) i i I� i i KELSO: CITY OF KELSO By Print Name: Wi Its: Date: 9 la. NOTICES TO BEffENT TO: � r I ke._l,s a Mo a( j i i (3p .572 _ _(Telephone) y0 - 173 9 (Facsimile) i i A ROVED AS O FORM: ISSAQUAH: KENT: j I CITY OF ISSAQUAH CITY OF KENT i i By. By i Print Name. P jr N Suzette Its. s: Date ate NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: 2 C 1'' vE 5%,V— C11 0 bil i i (Telephone) U ?5(v -51'92- (Telephone) i U - (Facsimile) U& - (P 7-10 (Facsimile) j I APPROVED AS TO FORM: APPROVED AS TO O M: I MOUNT VERNON: RENTON: CITY OF MOUNT VERNON RENTON By, By Print Name Print Name Its: Its: Date: Date. NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: (Telephone) (_ - (Telephone) (Facsimile) csimile i NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: i (Telephone) (Telephone) L--) - (Facsimile) (--__) - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: i I CAMAS: KIRKLAND: I CITY OF CAMAS CITY OF KIRKLAND I By. By: Print Name: Print Name: `l Its: Its:_ Date: Date: t o�a� �- NOTICES TO BE SENT TO: NOTICI=S TO BE SENT TO: Rosw S J'ENk7NSot,1 C rr" A T TO R U E`r ' cir-, tjAL-L t23 5ru AvE NUE kl AkLAAJ0 Iva 98033 L- - (Telephone) !f 581 - 30 z, (Telephone) (_) - (Facsimile) (!tS .58-; - 3o25 (Facsimile) i APPROVED AS TO FORM: APPROV AS TO FORM: iLLe,,� crr-r a ro,enr I i i i I I i (Telephone) (Telephone) LJ - (_ _ (Facsimile) (Facsimile) I APPROVED AS TO FORM: APPROVED AS TO FORM: i LONGVIEW: CITY OF LONGVIEW Br Print ame: Ro . G Its: City Manage Date:_ �!—/3°/Z f I NOTICES TO BE SENT TO: James McNamara 1525 Broadway Longview,WA 98632- 7080 i I i („360 442_5004 (Telephone) I (_360_j 442-5950 (Facsimile) APPROVED AS TO FORM: I I i I k (Telephone) (Telephone) U - (Facsimile) (Facsimile) I APPROVED AS TO FORM: APPROVED AS TO FORM: I POULSBO: KELSO: City of Poulsbo City of Kelso i By: By- Print Name: Print Name: Its: Its' ! Date: Date i NOTICES TO BE SENT TO- NOTICES TO BE SENT TO: �I i i i (Telephone) (Telephone) (Facsimile) (facsimile) I APPROVED AS TO FORM: APPROVED AS TO FORM: i i I LYNNWOOD- ty of Ly nw B • Pri ame: O Its: r i I i KENT: MOUNT VERNON: CITY OF KENT CITY OF MOUNT VERNON i Print Name- P6604ame , ill )1, -6aL , Its: Its: A iy Date- Date J cf. s- ►? Wt NOTICES TO BE SENT TO: NOITICES TO E SEbIT TO: I C j i (_) - (Telephone) (����� - 42J) 3 (Telephone) (_) - (Facsimile) (3 �'� 7(P - Z-(. (Facsimile) j APPROVED AS TO FORM: APPROVED AS TO FORM: 1 I. RENTON: SEATAC: j I CITY OF RENTON CITY OF SEATAC By: By- Print Name. Print Name. Its: Its: Date Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: I (_) - (Telephone) (_) - (Telephone) (_) - (Facsimile) (�) - (Facsimile) i I LONGVIEW: SAMMAMISH: i CITY OF LONGVIEW CITY OF SAMMAMISH By By Print Name- Print Name: Its. Its. Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: i t i (Telephone) (Telephone) (Facsimile) (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: i I I I POULSBO: KELSO: I City of Poulsbo City of Kelso I By: - By: Print N : Print Name: P, 4,QJ.GKSotJ Its: "OYL- Its: Date:_toV l tz Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: NE Lvl�4 , 1 '! � (Telephone) U - (Facsimile) (Facsimile) APP ROV D AS TO FORM: APPROVED AS TO FORM: 2r. I i (i I i i I i ISSAQUAH: KENT: - I CITY OF ISSAQUAH CITY OF KENT By' By. i i Print Name. Print Name: Its: Its: Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: I U - (Telephone) (Telephone) (Facsimile) (Facsimile) j APPROVED AS TO FORM: APPROVEO AS TO FORM: j i I MOUNT VERNON: RENTON: CITY OF MOUNT VERNON RENTON r < By: Print Name: Print Name: 'Denis Law. t,. Its: Mayor Date: Attest: e: . B'onnie I. Walton, City brk I. NOTICES TO BE SENT TO. NOTICES'TO BE SENT TO: ;1111 1 (Telephone) (_} (Telephone) acsimile - .Facsimile f I I ! CAMAS: KIRKLAND: i CITY OF CAMAS CITY OF KIRKLAND i By By: Print Name: Print Name: Its: Its: i Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: i f' f I (Telephone) (Telephone) I. i (_) - (Facsimile) U (Facsimile) f APPROVED AS TO FORM: APPROVED AS TO FORM: i LONGVIEW: SAMMAMISH: CITY OF LONGVIEW CITY OF SAMMAMISH i By: By: Print Name: Pant Name: Ben Yazici Its: Its: City Manager Date: Date: Seiitember 20 2012 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: I � I r r ed 1 e- gD (Telephone) ( `f5 _ (Telephone) (j (Facsimile) 00 (Facsimile) i APPROVED AS TO FORM: APPROVED AS TO FORM: f f ! { i I I C—j - (Telephone) (Telephone) (Facsimile) (Facsimile) I. APPROVED AS TO FORM: APPROVED AS TO FORM: i I CAMAS: KIRKLAND. CITY OF CAMAS CITY OF KIRKLAND I By- By- Print Name Print Name Its Its Date. Date. NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: I I I I Tele hone (_� - (Telephone) ( p ) (___) - (Facsimile) (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: i LONGVIEW: SAMMAMISH: CITY OF LONGVIEW CITY OF SAMMAMISH I By- By Print Name: Print Name. Y'5 L (5 ED j Its. Its. ` Date Date (0 - L NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: I i U - (Telephone) CtjI 7Y Z - 701 O (Telephone) (—J - (Facsimile) (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: f I I APPROVED AS TO FORM: APPROVED AS TO FORM: j i SEATAC: SNOQUALMIE: CITY OF SEATAC CITY OF SNOQUALMIE By: By. Print Name: Tobp o srl-S Print Name: Its: Its: Date: 9 Date: NOTICES TO BE SENT TO: NOTICES-TO BE SENT TO: r SF�9-T� LEGr�L DEPT Woo 5m A /Bf"" ST SEAn - a !?� �ITn�vs�u� c� JE&rAC &4*. vS (gg?t)ri73 -46 yy (Telephone) (Telephone) (ILO fry - yby9 (Facsimile) (_) - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: I SUMNER: COWLITZ : CITY OF SUMNER COWLITZ COUNTY I By: By I Print Name, Print Name: Its: Its: Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: i f I APPROVED AS TO FORM: APPROVED AS TO FORM: i SEATAC: SNOQUALMIE: CITY OF SEATAC CITY OF SNOQUALMIE By: By: i Print Name: Print ame:fin ahew Fiat rson i Its: Its: May o r Date: Date: SA p+.,,is Or Wo Q I Z j I NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: (Telephone) U (Telephone) I U (Facsimile) U (Facsimile) i APPROVED AS TO FORM: APPROVED AS TO FORM: SUMNER. COWL I Z: CITY OF SUMNER COWLITZ COUNTY BY By: i Print Name: Print Name: Its: - Its: Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: i I APPROVED AS TO FORM. APPROVED AS TO FORM: � i SEATAC: SNOQUALMIE: i CITY OF SEATAC CITY OF SNOQUALMIE j By. By- Print Name. Print Name: Its: Its: Date. Date. i NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: U _ (Telephone) ( ) - (Telephone) I U _ (Facsimile) (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: SUMNER: COWLITZ CITY OF SUMNER COWLITZ COUNTY Print Name- 0xyi A. gruloua Print Name Its: M cr► Its. Date: - -t� Date. NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CITY OF SUMNER CITY ADMINISTRATOR 1104 MAPLE STREET SUMNER, WA 98390 I ( ) - �,�'Q/ (Telephone) (___) - (Telephone) I ( - (Facsimile) (Facsimile) I 1 i t APPROVED AS TO FORM: APPROVED AS TO FORM: cx i ace ,l ✓�Sv.. C r lkffv' i I i I I I i i I i i i i I I i I I i FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITIES OF AUBURN, BAINBRIDGE ISLAND, BELLEVUE, BOTHELL, BREMERTON, BURLINGTON, CAMAS, DES MOINES, EVERETT, FERNDALE, ISSAQUAH, KELSO, KENT, KIRKLAND, LONGVIEW, L1fNNWOOD,MOUNT VERNON, POULSBO, RENTON, SAMMAMISH, SEATAC, SNOQUALMIE AND SUMNER AND COWLITZ COUNTY REGARDING LEGAL SERVICES THE INTERLOCAL AGREEMENT("AgreemenY') is entered into between the Cfies of Aubum, Bainbridge Island, Bellewe, Bothell, Bremerton, Burlington, Camas, Des Moines; Everett, Femdale, Issaquah, Kelso, Kerrt, Kirkland, Longview, Lynnwood, MouM Vemon, Poulsbo, Rerrton, Sammamish, SeaTac, Snoqualmie, Sumner and Cowlitr Couniy is hereby amended as follows: Paragraph 4.1 of the Interlopl is hereby amended to read as follows: 4.1 The Legal Servioes'fees and �shall be shared by members of the Coalition based upon the cost-sharing formula set forth in�e First Amended Exhibit"A"atfached hereto and incorporated by this reference. This obligation shall continue through condusion of the Legal Services as provided in Paragraph 2 above, unless a member of the Coali6on , terminates its participation in this P�qreement as provided in Paragraph 5. Mem6ers of the Coalition hereby authorize said fees and costs up to$675,000. Provided, however, any increase in the cost of legal services that would require additional paymerrts from any Coalfion members in exoess of the obligations set forth in the First Amended Exhibit"A" shall require amendment of this Agreement unless an individual Coalidon member expressly volunteers to increase its share without the necessity of amendment of this Interlocal Agreement. All otherprovisions of the Interlocal Agreement remain in full force and effect. IN WITNESS, the parties below execute this First Amendment to the Coalition Inte�local P�qreement which shall become effective as of , 2013. AUBURN: BAINBRIDGE ISLAND: CITY U N CITY OF BAINBRIDGE ISLAND , � By: �� By: PriM Name:. a e� �. �-s Print Name: Its: /y.c�.uc. Its: Date: 09 LrLa:�ei 3 Date: NOTICES TO BE SENT TO: NOTICES T0 BE SENT TO: �.�'P r�. Lew�s f��,c, �� /.�I, M�4;,✓ sT y.+.. Bu.r�u r✓rv- y�na/ �) 43/ -��y-/ (Telephone) (___) - (Telephone) 7l3 z&� -3! 3 2� (Facsimile) (� - (Facsimile) APP D AS TO FORM: APPROVED AS TO FORM: $ELLEVUE: BOTHELL: CITY OF BELLEVUE CITY OF BOTHELL By: By: Print Name: Print Name: Its: Its: Date: Date: NOTICES TO BE SENTTO: NOTICESTO BE SENT TO: (� - (Telephone) (� - (Telephone) (__) - (Facsimile) (� - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: BREMERTON: BURLINGTON: CITY OF BREMERTON CITY OF BURLINGTON By: By: Prin4 Name: Print Name: Its: Its: Date: Date: NOTICES TO BE SENT TO: N0710ES TO BE SENT TO: (� - (Telephone) (� - (Telephone) (__) - (Facsimile) (� - (Facsimile) APPROVED AS TO FORM: APPROVED ASTO FORRA: CAMAS: COYVLITZ COUNTY: CITY OF CAMAS COWLITZ COUNTY By: By: Print Name: Print Name: Its: Its: Date:- Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: U - (Telephone) L� - (Telephone) ' (� (Facsimile) (� - (Facsimile} APPROVED AS TO fORAII: APPROVED AS TO FORM: DES MOINES: EVERETT: CITY OFDES 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: FERNDALE: ISSAQUAH: CITY OF FERNDALE CITY OF ISSAQUAH By: By: Frint Name: PriM Name: Its: _ Jts: Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: (� - (Telephone) (� - (Telephone) (� - (Facsimi�e) U - (Facsimile) APPROVED AS TO FORM: KELSO: � KENT: CITY OFKELSO CITY OF KENT By: By: Print Name: Prnrt Name: Its: i Its: Date: Date: NOTICES TO BE SENTTO: ' NOTICES TO BE SENT TO: (� (Telephone) ' (� - (Telephone) (� - (Facsimile) ', (� - (Facsimile) APPROVED AS TO FORM: ' APPROVED AS TO FORM: KIRKLAND: LONGVIEW: CITY OF KIRKLAND CITY OF LONGVIEW By: By: Print Name: PriM Name: Its: Its: Date: Date: NOTICES TO BE SENTTO: NOTIGES TO BE SENT TO: (� - (Telephone) (� - (Telephone) (� - (Facsimile) U - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: LYNNWOOD: MOUNT VERNON: CITY OF LYNNWOOD 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: POUL.SBO: RENTON: CITY OF POULSBO 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: SAMMAMISH: SEA-TAC CITY OF SAMMAMISH CITY OF SEA-TAC 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: SNOQUALMIE: SUMNER: CITY OF SNOQUALMIE CITY OF SUMNER By: By: Print Nariie: Print Name: Its: Its: Date: Date: NOTICES TO BE`SENT TO: N0710ES TO BE SENT TO: (� - (Telephone) (� (Telephone) (, - (Facsimile) (� - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: J FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITIES OF AUBURN, 6,41NBRIDGE ISLAND, BELLEVUE, BOTHELL, BREMERTON, BURLINGTON, CAMAS, DES MOINES, EVEREfT, FERNDALE, ISSAQUAH, KELSO, KENT, KIRIQAND, LONGVIEW, LYIVNWOOD, MOUNT VERNON, POULSBO, RENTON, SAMMAMISH, SEATAC, SNOQUALMIEAND SUMNER AND COWLITZ COUNTY REGARDING LEGAL SERVICES THE INTERLOCAL AGREEMENT("AgreemeM'� is errtered iMo between the Cfies of Aubum, Bain6ridge island, Bellewe, Bothell, Bremerton, Burlington, Camas, Des Moines, Everett, Femdale, Issaquah, Kelso, Kent, Kirkland, Longview, Lynrnvood, Mount Vemon, Paulsbo, Renton, Sammamish, SeaTac, Snoqualmie, Sumner and Cowlitr County is hereby amended as follows: Paragraph 4.1 of the Interlocal is hereby amended to read as follows: 4.1 The Legal Services' fees and costsshall be shared by members of the Coalition based upon the cost-sharing formula set forth in the First Amended Exhibit"A"attached hereto and incorporated by this reference. This obligation shall continue through conclusion aF the Legal Servioes as provided in Paragraph 2 above, unless a member of the CoalRion terminates its partiapation in this Agreemerrt as provided in Paragraph 5. Mem6ers of the Coalition hereby autliorize said fees and costs up to$675,000. Provided, however, any increase in the cost of legal services that would require addfional paymerrts from any Coali6on members in excess of the obligations set forth in the First Amended F�diibit"A" shall require amendment of this f�qreement unless an individual Coalition member expressly vblunteers to increase its share without the necessity of amendmerrt of this Irrterlocal Agreement. All other provisions of the Interlocal Agreeme�remain in full forc:e and effect IN WITNESS, the parties below execute this First AmendmeM to the Coalition Irderlocal AgreemeM which shall become effective as of , 2013. AUBURN: ' BAINBRIDGE ISLAND: CITY U N CITY OF BAINBRIDGE ISLAND 1 By: �� By: RriM Name: e Pr �. �-s Print Name: I#s: /'1��.� Its: Date: a9/or/�oi3 Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: �.fp.�-B. Le.,✓,s i'1ti.vo.c� �—� a� , M9�,✓ sT /�.u .BwiCa/ i✓A� ri'�oo/ S3 93/ -�Oy-/ (Telephone) (� - (Telephone) � yk� _3l32_ (Facsimile) (,� - (Facsimile) APP D AS TO FORM: APPROVED AS TO FORM: BELLEVUE: BOTHELL: CITY OF BELLEVUE CITY OF BOTHELC By: BY� Print Name: Print Name: Its: Its: Date: Date: NOTICES70 BE SENT TO: NOTiCES70 BE SENT TO: (� - (Telephone) (� - (feiephone) (� (Facsimile) (� - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: BREMERTON: BURLINGTON: CITY OF BREMERTON CITY OF BURLINGTON By: By: Prirrt Name: Print Name: Its: Its:. Date: Date: NOTICES TO BE'SENT TO: NOTICES TO BE SENT TO: (� (Telephone) (� - (Telephone) (__) - (Facsimile) U - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: CAMAS: COWLITZ COUNTY: CITY OF CAMAS COWLITZ COUNTY By: By: Prinf Name: Pri�Name: Its: _ I Its: Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENTTO: (,� - (felephone) (� - (Telephone) (� (Facsimile) U - (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 A5 TO FORM: FERNDALE: ISSAQUAH: CITY OF FERNDALE CITY OF ISSAQUAH By: By. Print Name: Print Name: Its: Its: Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: (� - (Telephone) U - (Telephone) (� - (Facsimile) (� - (Facsimile) APPROVED AS TO FORM: KELSO: KENT: CITY OF KELSO CITY OF KENT 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: KIRFa.AND: LONGVIEIN: CITY OFKIRKLAND CITY OF LONGVIEW By: sy: Print Name: Print Name: Its: Its: Date: Date: NOTICES TO BESENT TO: NOTICES TO BESENT TO: (� - (Telephone) (� (Telephone) (� (Facsimile) (,� - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: LYNNWOOD: MOUNT VERNON: CITY OF LYNNWOOD CITY OF MOUNT VERNON By: By: Print Name: Print Name: Its: Its: Date: Date: NOTICES TO BE SENTTO: � NOTICES TO BE SENT TO: (� - (Telephone) (� - (Telepfione) (� - (Facsimile) (� - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: POUCSBO: RENTON: CITY OF POULSBO CITY OF RENTON By: By: PrintName: Print Name: Its: Its: Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: (� (Telephone) (___) - (Teiephone) (� - (Facsimile) (__) - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: SAMMAMISH: SEA-TAC CITY OF SAMMAMISH CiTY OF SEA-TAC By: By: Prirrt Name: Print Name: Its: Its: Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: (__) - (Telephone) (� - (Telephone) (� - (Facsimile) U (Facsimile) APPROVED AS TO FORM: APPROVED AS.TO FORM: SNOQUALMIE: SUMNER: CITY OF SNOQUALMIE CITY OF SUMNER By: By: PriM Name: PriM Name: ILs: Its: Date: Date: ' NOTICES70 BE SENT TO: NOTICES70 BE SENT TO: (� - (Telephone) (� - (Telephone) U - (Facsimile) (� - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: �