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HomeMy WebLinkAboutNPDES Interlocal AgreementRESOLUTION N0.4295 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING AND AUTHORIZING THE MAYOR TO SIGN ON THE CITY'S BEHALF THE 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 WHEREAS, the City of Auburn joined with a number of other cities in trying to modify the new Department of Ecology regulations for NPDES Phase II Permitees; and WHEREAS, this legal challenge has become more complicated and thus more expensive since the cities' efforts are not only being resisted by the Department of Ecology but environmental groups that have also sought to influence the ultimate permit requirements; and WHEREAS, to assure that the city positions are reflected in the ultimate permit requirements, it is appropriate that the participating cities increase their financial contribution towards the legal costs involved. 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 amendment to the interlocal agreement between the cities of Resolution No. 4295 January 7, 2008 Page 1 of 3 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, in substantial conformity with the amendment attached hereto as Exhibit "A", to increase the City's final contribution towards the legal costs in the legal challenge to modify the Department of Ecology's NPDES Phase II permit requirements. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation, including approving an additional payment of $5,000 over the amounts heretofore approved, including in Resolution No. 4258. Section 3. That this Resolution shall take effect anal be in full force upon passage and signatures hereon. Dated and Signed this ~7 day of ~~~~~~, 2008. CIT'~ OFBURN _-- ..~ -,~---~' PETER B. LEWIS MAYOR ATTEST: Da 'Ile E. Daskam, City Clerk Resolution No. 4295 January 7, 2008 Page 2 of 3 APPROVED A~ TO FORM: eid; ~~y Attorney Resolution No. 4295 January 7, 2008 Page 3 of 3 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 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 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, 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 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 01/07/08 Page 1 these funds to be applied to the costs of the provider of Legal Services. At the time of 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 between $600,000 and $650,000, for a total of costs and fees up to $925,000. These additional fees and costs are to be paid in full through contributions from each member of the Coalition 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 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. 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. 01/07/08 Page 2 ANACORTES: CITY OF ANACORTES Bv. Print Name: Its: Date: NOTICES TO BE SENT TO: (~ - (Telephone) (~ - (Facsimile) APPROVED AS TO FORM: BELLEVUE CITY OF BELLEVUE By: Print Name: Its: Date: NOTICES TO BE SENT TO: (~ - (Telephone) (~ - (Facsimile) APPROVED AS TO FORM: AUBI~RNr--- ~: ~_ CITY O~ ___ ''~ ~ . F' _.-- By. Print Name: e; -~r ~ L-~-~-~ ~' s Its: /~i~ ~~ ~;~ Date: ~'A ~t~ ,~,T~,, ~~ NOTICES TO BE SENT TO: ZS~ ~~_- ' ~ 5- (Telephone) Z-5' ~ 1 - ~ ' ~ '7 (Facsimile) APP1~7OV~D~,AS~~FaRM/I BOTHELL: CITY OF BOTHELL By: Print Name: Its: Date: NOTICES TO BE SENT TO: (~ - (Telephone) (~ - (Facsimile) APPROVED AS TO FORM: 01/07/08 Page 3 BREMERTON CITY OF BREMERTON By: Print Name: Its: Date: NOTICES TO BE SENT TO: (~ - (Telephone) (~ - (Facsimile) APPROVED AS TO FORM: BUURIEN: CITY OF BURIEN By: Print Name: Its: Date: NOTICES TO BE SENT TO: (~ - (Telephone) (~ - (Facsimile) APPROVED AS TO FORM: BUCKLEY: CITY OF BUCKLEY By: Print Name: Its: Date: NOTICES TO BE SENT TO: (~ - (Telephone) (~ - (Facsimile) APPROVED AS TO FORM: BURLINGTON: CITY OF BURLINGTON By: Print Name: Its: Date: NOTICES TO BE SENT TO: (~ - (Telephone) (~ - (Facsimile) APPROVED AS TO FORM: 01 /07/08 Page 4 CAMAS: CITY OFCAMAS By: DES MOINES: CITY OF DES MOINES 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: EVERETT: CITY OF EVERETT By: Print Name: Its: FEDERAL WAY: CITY OF FEDERAL WAY 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: 01/07/08 Page 5 FIRCREST: CITY OF FIRCREST By: Print Name: Its: KENT: CITY OF KENT 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: LONGVIEW: CITY OF LONGVIEW By: Print Name: Its: MARYSVILLE: CITY OF MARYSVILLE 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: 01/07/08 Page 6 MOUNT VERNON: CITY OF MOUNT VERNON By: NORMANDY PARK: CITY OF NORMANDY PARK 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: ORTING: CITY OF ORTING By: PORT ANGELES: CITY OF PORT ANGELES 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: 01 /07/08 Page 7 PULLMAN: CITY OF PULLMAN By: Print Name: Its: PUYALLUP CITY OF PUYALLUP By: 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: RENTON: CITY OF RENTON By: Print Name: Its: RICHLAND CITY OF RICHLAND 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: 01/07/08 Page 8 SAMMAMISH: CITY OF SAMMAMISH By: Print Name: Its: SEATAC: CITY OF SEATAC 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: SUMNER: CITY OF SUMNER By: Print Name: Its: UNIVERSITY PLACE: CITY OF UNIVERSITY PLACE 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: 01/07/08 Page 9 VANCOUVER: CITY OF VANCOUVER By: Print Name: Its: KITSAP COUNTY: KITSAP COUNTY 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: 01/07/08 Page 10