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Home My WebLink AboutILA - Quad-City Joint Stormwater Study & Grant Application2021 Interlocal Cooperation Agreement – Quad-City Stormwater Grant Application Page 1 INTERLOCAL COOPERATION AGREEMENT Between Cities of Kennewick, Richland, Pasco and West Richland For Administration and Funding of Quad-City Stormwater Effectiveness Study and Water Quality Stormwater Grant Application THIS INTERLOCAL AGREEMENT (“Agreement”) is entered into on this _______ day of _____________, 2021 by and between the City of Kennewick (hereinafter “Kennewick”), the City of Richland (hereinafter “Richland”), the City of Pasco (hereinafter “Pasco”), and the City of West Richland (hereinafter “West Richland”), all municipal corporations of the State of Washington (referred to collectively as the “Quad-Cities”). This Agreement is made in conformance with and under the authority granted by RCW 39.34, the Interlocal Cooperation Act. I. Recitals WHEREAS, in July 2019 the Washington State Department of Ecology issued the Eastern Washington Phase II Municipal Stormwater Permit (hereinafter “Permit”); and WHEREAS, the Permit requires the Quad-Cities to participate in the implementation of a Stormwater Management Program Effectiveness Study (S8.A of the Permit);to obtain funding to complete this study the Quad-Cities will be applying for a Department of Ecology 2021-2023 Water Quality Stormwater Grant (hereinafter “Grant”) and WHEREAS, staff in Richland, Kennewick, Pasco and West Richland have collaborated to select an engineering consultant and to negotiate a scope of work and budget for the preparation of the Grant application; and WHEREAS, the Interlocal Cooperation Act contained in RCW 39.34 authorizes local governments such as the Parties to this Interlocal to contract for the joint conduct of activities which each of the Parties is individually authorized to perform. NOW, THEREFORE, the Parties hereby agree as follows: II. Agreement Section 1. Purpose The purpose of this Interlocal Cooperation Agreement is to authorize a collaborative effort between the Parties to complete the application process for the Grant. Section 2. Legal Entity No separate legal or administrative entity is created upon execution of this Interlocal Cooperation Agreement. Section 3. Administration West Richland has awarded and will administer the consultant agreement contemplated under this Interlocal Cooperation Agreement. The consultant agreement is attached as Exhibit A. DocuSign Envelope ID: C9AE4D63-BD6C-4C60-979F-959B50AD8E7D September 21st 2021 Interlocal Cooperation Agreement – Quad-City Stormwater Grant Application Page 2 Section 4. Funding and Contributions Consultant expenses shall be shared in four (4) equal amounts between Richland, West Richland, Pasco and Kennewick. West Richland shall issue invoices to Richland, Pasco, and Kennewick for their respective share agreement expenses. Invoices shall issue no more frequently than monthly. Scope and budget changes that increase the project budget may only be executed after written authorization from all four Parties. Section 5. Property No real or personal property shall be acquired as a consequence of the execution of this Interlocal Cooperation Agreement. Section 6. Additional Resources Richland, Kennewick, Pasco, and West Richland will provide staff support to complete data requests, meeting attendance, and reviews as needed to efficiently administer the Grant application. This Interlocal Agreement will be amended if the Quad-Cities are successful in obtaining the Grant for the Effectiveness Study. Section 7. Duration This Agreement shall expire twelve months after the close-out of the consultant agreement. All obligations to pay the respective one-fourth share to fund the plan update shall survive termination of this Agreement. Section 8. Notices Written notice shall be directed to the parties as follows: City of Richland 625 Swift Boulevard, MS-26 Richland, WA 99352 Attn: Public Works Director City of West Richland 3100 Belmont Blvd., Suite 102 West Richland, WA 99353 Attn: Public Works Director City of Kennewick 210 W. 6th Avenue Kennewick, WA 99336 Attn: Public Works Director City of Pasco 525 N. 3rd Avenue Pasco, WA 99301 Attn: Public Works Director Section 9. Filing Pursuant to RCW 39.34.040, this Agreement shall become effective upon filing with the Benton County Auditor or posting on each agency’s website after it is fully executed by all Parties. Section 10. Modification This Agreement may be amended or modified only in writing, and only with the written consent of each undersigned party. Section 11. Severability If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable as written, the remainder of the Agreement or the applications of the remainder of the Agreement shall not be affected. To this end, the terms and conditions of this Agreement are declared severable. DocuSign Envelope ID: C9AE4D63-BD6C-4C60-979F-959B50AD8E7D 2021 Interlocal Cooperation Agreement – Quad-City Stormwater Grant Application Page 3 Section 12. Jurisdiction & Venue Jurisdiction and venue for any action relating to the interpretation, enforcement, or any dispute arising from this Agreement shall be in Benton County Superior Court. This Agreement shall be construed, and the legal relations between the parties hereto shall be determined in accordance with the laws of the State of Washington. Section 13. Waiver No waiver by either party hereto of any terms or conditions of this Agreement shall be deemed or construed to be a waiver of any other term or condition, nor shall the waiver of any breach be deemed or construed to constitute a waiver of any subsequent breach, whether of the same or any other term or condition of this Agreement. [Signature Page to Follow] DocuSign Envelope ID: C9AE4D63-BD6C-4C60-979F-959B50AD8E7D 2021 Interlocal Cooperation Agreement – Quad-City Stormwater Grant Application Page 4 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the day and year written above. CITY OF RICHLAND CITY OF KENNEWICK __________________________________ Jon Amundson, Interim City Manager ______________________________ Marie E. Mosley, City Manager Attest: Attest: _________________________________ ________________________________ Jennifer Rogers, City Clerk Terri L. Wright, City Clerk Approved as to form: Approved as to form: _______________________________ ________________________________ Heather Kintzley, City Attorney Lisa Beaton, City Attorney CITY OF WEST RICHLAND CITY OF PASCO ________________________________ _______________________________ Brent Gerry, Mayor Dave Zabell, City Manager Attest: Attest: ________________________________ _______________________________ Stephanie Haug, City Clerk Debby Barham, City Clerk Approved as to Form: Approved as to Form: _________________________________ _______________________________ Bronson Brown, City Attorney Kerr, Ferguson Law, PLLC, City Attorney DocuSign Envelope ID: C9AE4D63-BD6C-4C60-979F-959B50AD8E7D Exhibit A DocuSign Envelope ID: C9AE4D63-BD6C-4C60-979F-959B50AD8E7D Exhibit A DocuSign Envelope ID: C9AE4D63-BD6C-4C60-979F-959B50AD8E7D Exhibit A DocuSign Envelope ID: C9AE4D63-BD6C-4C60-979F-959B50AD8E7D Certificate Of Completion Envelope Id: C9AE4D63BD6C4C60979F959B50AD8E7D Status: Completed Subject: Interlocal Agreement for Joint Stormwater Study Source Envelope: Document Pages: 7 Signatures: 12 Envelope Originator: Certificate Pages: 6 Initials: 0 Terri L. Wright AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Attn: Accounts Payable PO Box 6108 Kennewick, WA 99336-0108 terri.wright@ci.kennewick.wa.us IP Address: 64.184.148.56 Record Tracking Status: Original 9/21/2021 2:31:31 PM Holder: Terri L. Wright terri.wright@ci.kennewick.wa.us Location: DocuSign Signer Events Signature Timestamp Lisa Beaton Lisa.Beaton@ci.kennewick.wa.us City Attorney Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 64.184.148.56 Sent: 9/21/2021 3:02:27 PM Viewed: 9/21/2021 3:18:27 PM Signed: 9/21/2021 3:24:35 PM Electronic Record and Signature Disclosure: Accepted: 9/21/2021 3:18:27 PM ID: 09555c6a-1460-4653-9133-24a2b51afcb3 Marie E. Mosley Marie.Mosley@ci.kennewick.wa.us City Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 64.184.148.56 Sent: 9/21/2021 3:24:36 PM Viewed: 9/21/2021 6:15:06 PM Signed: 9/21/2021 6:16:52 PM Electronic Record and Signature Disclosure: Accepted: 9/21/2021 6:15:06 PM ID: dd253b31-05a6-4ae9-8dd5-486a7af050a3 Terri L. Wright terri.wright@ci.kennewick.wa.us City Clerk City of Kennewick Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 64.184.148.56 Sent: 9/21/2021 6:16:53 PM Viewed: 9/21/2021 6:17:24 PM Signed: 9/21/2021 6:18:15 PM Electronic Record and Signature Disclosure: Accepted: 6/9/2017 9:46:44 AM ID: 7012f9bf-938f-469a-89b2-384ae0a5338c Eric Ferguson eferguson@kerrlawgroup.net Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 68.113.3.10 Sent: 9/21/2021 6:18:17 PM Viewed: 9/22/2021 8:55:07 AM Signed: 9/22/2021 9:01:35 AM Electronic Record and Signature Disclosure: Accepted: 9/22/2021 8:55:07 AM ID: f5d9800b-a32e-4a3c-91cd-08cb5c706764 Signer Events Signature Timestamp Dave Zabel zabelld@pasco-wa.gov City Manager Security Level: Email, Account Authentication (None)Signature Adoption: Drawn on Device Using IP Address: 64.184.156.54 Sent: 9/22/2021 9:01:36 AM Viewed: 9/22/2021 2:32:13 PM Signed: 9/22/2021 2:32:33 PM Electronic Record and Signature Disclosure: Accepted: 9/22/2021 2:32:13 PM ID: 1d9a9c89-758a-4dd4-aef5-09dd36eec896 Debby Barham barhamd@pasco-wa.gov Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 64.184.156.54 Sent: 9/22/2021 2:32:34 PM Viewed: 9/22/2021 4:32:11 PM Signed: 9/22/2021 4:33:51 PM Electronic Record and Signature Disclosure: Accepted: 9/22/2021 4:32:11 PM ID: f1d51521-79b5-46c5-8a8a-91920289ec07 Brent Gerry bgerry@westrichland.org Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 68.116.13.34 Sent: 9/22/2021 4:33:52 PM Viewed: 9/28/2021 1:30:07 PM Signed: 9/28/2021 1:30:28 PM Electronic Record and Signature Disclosure: Accepted: 9/28/2021 1:30:07 PM ID: dd96438e-0918-4e15-a4ec-eb4429aec125 Bronson Brown Bronson@brownrio.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 68.113.30.60 Sent: 9/28/2021 1:30:29 PM Viewed: 10/1/2021 9:08:42 AM Signed: 10/1/2021 9:09:32 AM Electronic Record and Signature Disclosure: Accepted: 10/1/2021 9:08:42 AM ID: 2c383a3a-675b-4d78-84d3-08fd283a465c Stephanie Haug shaug@westrichland.org City Clerk City of West Richland Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 68.116.13.34 Sent: 10/1/2021 9:09:35 AM Viewed: 10/1/2021 11:49:59 AM Signed: 10/1/2021 11:50:12 AM Electronic Record and Signature Disclosure: Accepted: 10/1/2021 11:49:59 AM ID: fd0e375e-8b37-488d-84d1-fb7d69cf1af1 Jon Amundson jamundson@ci.richland.wa.us Interim City Manager City of Richland Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 64.184.153.146 Sent: 10/1/2021 11:50:14 AM Viewed: 10/1/2021 12:01:23 PM Signed: 10/1/2021 12:01:35 PM Electronic Record and Signature Disclosure: Signer Events Signature Timestamp Accepted: 10/1/2021 12:01:23 PM ID: fb0f4d62-7fc8-4696-9e00-67b50d383faa Heather Kintzley hkintzley@ci.richland.wa.us City Attorney City of Richland Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 64.184.153.146 Sent: 10/1/2021 12:01:38 PM Viewed: 10/1/2021 1:22:04 PM Signed: 10/1/2021 1:22:12 PM Electronic Record and Signature Disclosure: Accepted: 10/1/2021 1:22:04 PM ID: 6b56ffb8-604b-4875-95ef-9969c1219727 Jennifer Rogers jrogers@ci.richland.wa.us City Clerk City of Richland Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 64.184.153.146 Sent: 10/1/2021 1:22:14 PM Resent: 10/1/2021 1:28:55 PM Viewed: 10/1/2021 2:26:24 PM Signed: 10/1/2021 2:26:30 PM Electronic Record and Signature Disclosure: Accepted: 10/1/2021 2:26:24 PM ID: 1cf21732-2ae3-4983-a3f2-58ec19c3aa45 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/21/2021 3:02:27 PM Certified Delivered Security Checked 10/1/2021 2:26:24 PM Signing Complete Security Checked 10/1/2021 2:26:30 PM Completed Security Checked 10/1/2021 2:26:30 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure CONSUMER DISCLOSURE From time to time, City of Kennewick (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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