HomeMy WebLinkAbout1998-03-16 - Douglas County - Interlocal Agreements General3097710
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Douglas County
AFTER RECORDING MAIL TO:
Douglas County Board of Commissioners
Dayna Prewitt
PO Box 747
Waterville WA 98858
COVER SHEET REQUIRED BY RCW 36.18 AND 64.04
(For Recording Purposes Only)
DOCUMENT TITLE(S) (or transactions contained therein):
1. Interlocal Cooperation Agreement Between Douglas County and City of East
Wenatchee for Storm and Surface Water Management
2.
3 0# q qS 44
REFERENCE NUMBER(s) of documents assigned or released J
Additional numbers of page of document
GRANTOR/BORROWER (Last name first, the first name and initials):
1. Douglas County
2. City of East Wenatchee
3.
4.
Additional names on page of document
GRANTEE/ASSIGNEE/BENEFICIARY (Last name first, the first name and initials):
I. Douglas County
2. City of East Wenatchee
3.
4.
Additional numbers of page of document
ABBREVIATED LEGAL DESCRIPTION as follows (i.e. lot/block/plat or
section/township/range/quarter/quarter): See attachment
ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBER(S):
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2 COMMISSIONERS RGR 6.00 Douglas County
3
4
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6 INTERLOCAL COOPERATION AGREEMENT
7 BETWEEN DOUGLAS COUNTY AND CITY OF EAST WENATCHEE
8 FOR STORM AND SURFACE WATER MANAGEMENT
9
10 This Agreement is made by and between Douglas County and the City of East
11 Wenatchee.
12
13 WHEREAS, the public health, welfare, and safety of the residents and property
14 owners within the City and the unincorporated areas of the County require the control
15 and conveyance of storm and surface water runoff within and around the greater East
16 Wenatchee area;
17
18 WHEREAS, the County and City adopted the Douglas County Comprehensive
19 Flood Hazard Management Plan in 1995 pursuant to RCW Chapter 86.26, to respond
20 to the recurring flooding problems in the greater East Wenatchee area;
21
22 WHEREAS, several public meetings were conducted and a Citizens Advisory
23 Committee created to obtain public input, resulting in the conclusion that a Storm Water
24 Utility should be created to provide a stable funding mechanism to pay for
25 improvements to the drainage system, as well as for the operation and maintenance,
26
27 WHEREAS, by executing this Agreement each of the Parties commits to the
28 independent creation of a Storm Water Utility, pursuant to RCW Chapters 35.67 and
29 36.89, respectively, for the purpose of controlling, regulating, and managing storm and
30 surface water runoff within and around the greater East Wenatchee area;
31
32 WHEREAS, the County's Board of Commissioners authorized the execution of
33 this Agreement by Resolution No. 98- /d , adopted on
34 1998;
35
36 WHEREAS, the City's Council authorized the execution of this Agreement by
37 Resolution No. 98-3, adopted on March 16, 1998;
38
39 WHEREAS, the Parties enter into this interlocal cooperation agreement under
4 o the authority of RCW Chapter 39.34 to provide for the joint and/or cooperative exercise
41 of their powers, privileges and authorities to manage storm and surface waters.
42
43 NOW, THEREFORE, in consideration of the premises and promises, terms and
44 conditions set forth below, it is hereby agreed as follows:
45
INTERLOCAL COOPERATION AGREEMENT AND SURFACE WATER MANAGEMENT -1
(strm h2o. int: 3/2/98)
BOOK 113 PAGE420
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ARTICLE I
DEFINITIONS
"Agreement" means this agreement and all amendments, modifications, and
clarifications.
"Board" or "Board of Commissioners" means the legislative authority of the County.
"City" means the City of East Wenatchee, Washington, a municipal corporation
organized and existing under the laws of the State of Washington, and particularly
those set forth at RCW Title 35A.
"CIP" means the storm and surface water management Capital improvement Plan
adopted by the City and County.
"City Council" means the legislative authority of the City.
"CFHMP" means the 1995 Douglas County Comprehensive Flood Hazard Management
Plan, as may be amended, adopted by the City and County pursuant to RCW Chapter
86.26.
"County" means Douglas County, Washington, a political subdivision organized and
existing under the Washington State Constitution and the laws of the State of
Washington, and particularly those set forth at RCW Title 36;
"Facilities" means the publicly owned storm and surface water conveyance, control,
and/or detention/infiltration facilities and improvements, together with applicable lands
and easements.
"Improvements" means those improvements to or comprising Facilities.
"Management Team" means the committee established by this Agreement to administer
day-to-day operations and to make recommendations for policies, procedures and
budgets to the Parties, and that is composed of the County Engineer, the County TLS
Administrator, the City Planning Director and the City Street Superintendent.
"Obligation" or "Obligations" means those loans, bonds, warrants, or other
indebtedness issued or obtained to own, operate or maintain Facilities and
Improvements.
"Party" or "Parties" means, individually or collectively, the City and the County.
"Rates" means rates, fees and charges for service fixed and imposed pursuant to RCW
Chapters 36.89 or 35.67.
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1 "Service Area" means that portion of the Greater East Wenatchee Area, that is the
2 Utility, as recommended by the Management Team, and jointly approved by the
3 independent action of the City and the County.
4
5 "Service" means storm and surface water control and disposal facilities, improvements,
6 operations and maintenance, including all related planning and administration
7 furnished pursuant to this Agreement within the service area.
8
9 "Utility" or "Utilities" means the Storm Water Utility to be created by each of the Parties
to pursuant to this Agreement.
11
12
13 ARTICLE II
14 PURPOSE
15
16 2.01 The purpose of this Agreement is to jointly and/or cooperatively implement
17 the recommendations and achieve the goals of the CFHMP through each Party's
18 independent creation of a Utility and the ,sharing of improvements, maintenance,
19 operation and revenues.
20
21 2.02 This Agreement is limited to the above purposes and dales not apply to any
22 other power, privilege or authority which may be exercised by the Parties.
23
24
25 ARTICLE III
26 OWNERSHIP
27
28 3.01 The City and County shall own the Facilities within their respective
29 jurisdictions. Ownership shall transfer upon changes in the City's boundaries.
30
31
32 ARTICLE IV
33 DUTIES OF THE PARTIES
34
35 In addition to each Party's duty to perform each and every agreement, term and
36 condition of this Agreement, the Parties agree as follows:
37
38 4.01 Creation of Utilities.
39
40 A. The City shall create a Storm Water Utility pursuant to RCW Chapter 35.67.
41
42 B. The County shall create a Storm Water Utility pursuant to RCW Chapter
43 36.89.
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1 4.02 Establishing Utility Rates, Fees and Charges
2
3 A. All Utility rates, fees and charges shall be adopted independently by the City
4 and the County, shall be identical, and shall be fair, equitable and uniform through the
5 Service Area.
6
7 B. Utility rates, fees and charges shall be developed by the Management Team
s using a public participation process, with recommendations submitted to the City
9 Council and the Board of Commissioners for review and action.
10
11 C. Neither Party shall levy, impose or assess any tax, license fee or franchise
12 fee upon or against the Utility, its Facilities, its revenue, or its Utility rates, fees or
13 charges.
14
15 4.03 Policies and Standards. Each Party shall adopt identical policies and
16 standards for storm and surface water management.
17
1e ARTICLE V
19 FINANCING AND BUDGETS
20
21 5.01 Financing. The funding for maintenance, operations, improvements and
22 new Facilities, as well as Obligations, shall be based upon a utility approach.
23 Improvements and Facilities shall be initially funded by Obligations payable through
24 Utility revenues generated by service fees and system development charges. All fees
25 and charges against properties shall be assessed on a fair, equitable and uniform basis
26 through the Service Area.
27
2e 5.02 Special Fund. All revenues of each Utility shall be held in a special fund
29 by the Douglas County Treasurer, designated as "Joint Operating Fund of the Greater
30 East Wenatchee Storm Water Utilities."
31
32 5.03 Budget. The Management Team shall prepare and submit all budget
33 requests and amendments as may be required to provide services and to construct
34 facilities and improvements. All budget requests and amendments shall be submitted
35 to the City Council and the Board of Commissioners. No budget request or amendment
36 shall be effective until independently approved by the City Council and the Board of
37 Commissioners.
38
39 5.04 Accounting. All budgeting, accounting and financial transactions shall be
40 conducted through the County. All accounting procedures shall be in accordance with
41 applicable federal and state requirements, Generally Accepted Accounting Principles
42 (GAAP), state law, and methods prescribed by the Washington State Budgeting,
43 Accounting and Reporting System (BARS).
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ARTICLE VI
2 ADMINISTRATION
3
4 6.01 Executive Authority Vested in County.
5
6 A. The County shall have the full power and authority to operate and manage
7 the Utility in accordance with the unanimous recommendations of the Management
s Team and the jointly approved budgets.
9
10 B. The County shall, pursuant to the City and County approved policies,
11 standards and budgets, have the full power and authority to bill and collect service fees
12 and charges, as well as to enforce and foreclose statutory liens, against all properties
13 within the entire Service Area, including those properties within the City.
14
15 C. To the extent consistent with and authorized by the City and County
16 approved policies, standards and budgets, the City hereby irrevocably authorizes and
17 directs the County to act for it and on its behalf, as well as on behalf of the County and
18 the Utility, in the creation and or issuance of Obligations for the benefit of the Utility. All
19 such Obligations shall be valid and binding against the County in accordance with their
20 terms. The lender, underwriter, holder or owner of any obligation shall not be required
21 to inquire into any procedure or proceeding by the Utility or by the City to determine the
22 County's authority. The City guarantees payment to the County of the City's
23 proportionate share of all obligations of the Utility.
24
25 6.02 Limitations on Executive Authority.
26
27 A. No Obligation may be incurred, issued or assumed for or on behalf of the
2e Parties or the Utility that is payable from a source other than the revenues and assets
29 of the Utility.
30
31 B. The exercise of any police power relating to the enforcement of storm and
32 surface water control and disposal functions and Facilities within each Party's
33 jurisdiction by way of criminal proceedings or civil penalty is reserved to that Party.
34
35 C. All decisions of a Land Use or Regulatory nature within a Party's respective
36 jurisdiction shall continue to be that Party's responsibility.
37
38 6.03 Daily Administration by Management Team.
39
40 A. The Parties hereby form and establish a committee to administer day-to-day
41 operations and to make recommendations for policies, procedures and budgets to the
42 Parties.
43
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1 B. The Management Team shall be composed of the County Engineer, the
2 County TLS Administrator, the City Planning Director and the City Street
3 Superintendent.
4
5 C. The Management Team shall have the following duties and responsibilities,
6 together with those additional duties and responsibilities assigned to the Management
7 Team by the Parties:
a
9 1. To conduct the day-to-day operations and maintenance of the Facilities
10 within the approved maintenance and operations budget.
11
12 2. To develop specific maintenance standards and schedules to ensure
13 proper operation of all conveyance and storage facilities, such standards and
14 schedules subject to review and approval by the City Council and the Board of
15 Commissioners.
16
17 3. To assign between the City and the County, a geographic division of
18 responsibility for operations and maintenance of Facilities, with participation in
19 such decision by one member of the City Council and one member of the Board
20 of Commissioners.
21
22 4. To provide the employees and equipment necessary to conduct day to-
23 day operations according to the division of responsibility.
24
25 5. To submit proposed annual budgets for review and approval of the Board
26 of Commissioners and the City Council, with participation in development of
27 such budget by one member of the City Council and one member of the Board of
28 Commissioners.
29
30 6. To prepare and submit operations reports not less than quarterly to the
31 Board of Commissioners and the City Council and to prepare and submit an
32 annual report on the implementation of the CFHMP.
33
34 7. To prepare and maintain, as part of the annual budgeting process, a six-
35 year CIP that prioritizes and schedules construction of new Facilities for review
36 and approval by the City Council and the Board of Commissioners, with
37 participation in development of the CIP by one member of the City Council and
38 one member of the Board of Commissioners.
39
40 8. To investigate and pursue all available funding sources for projects
41 identified in the CIP.
42
43 9. To receive, review and investigate all citizen complaints and tort claims
44 relating to operations and maintenance of Facilities and appeals relating to rate
45 assessments, with participation by one member of the City Council and one
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1 member of the Board of Commissioners, and with assistance of appropriate legal
2 staff, and to make action recommendations thereon to the respective legislative
3 authorities.
4
5 6.04 Records. Each Party shall have access to all Utility facilities, operations
6 and maintenance records and other related documentation of the other Party. Records
7 and other documentation for construction of new facilities and improvements shall be
s compiled and maintained by the County, under the direction of the Management Team.
9
10 ARTICLE VII
11 CAPITAL FACILITIES AND IMPROVEMENTS
12
13 7.01 Design, Construction and Maintenance Standards. The City and the
14 County shall jointly develop design, construction, and maintenance standards, which
15 shall be applied to all facilities and improvements in the service area, whether public or
16 private, and shall be consistent with the CFHMP and the adopted six -year GIP plan.
17 Each Party shall be responsible for the review and approval of such facilities and
1e improvements within its respective jurisdiction. A Party may permit facilities or
19 improvements on public property or dedicated right-of-way and may accept ownership
20 of such facilities and improvements only if all design and construction standards are
21 strictly met.
22
23 7.02 New Public Facilities and Improvements. New capital facilities and
24 improvements shall be constructed under the supervision and/or direction of the County
25 and in accordance with the schedule developed by the Management Team and
26 approved independently by the City Council and the Board of County Commissioners.
27
2e 7.03 New Development Impacts. The City and the County shall agree upon
29 and each independently adopt identical policies and standards that require that all new
3o development, as a condition of permit approval, to contribute its fair share of the cost of
31 facilities required to support such development. Contributions by new development
32 shall be in the form of system development charges paid to the Utility, developer
33 constructed improvements, or such other forms as may be agreed upon by the Parties.
34
35 7.04 Existing Facilities. The Canyon B/Glendale improvements and the
36 detention facilities at 8th Street and 10th Street identified in the CFHMP are hereby
37 determined to be improvements essential to managing storm and surface waters within
38 the service area and shall become facilities of the Utility. All outstanding debts for
39 these facilities and improvements shall be paid by Utility revenues. Average annual
40 payments are estimated to be approximately $125,000. Reductions in annual
41 payments will occur in 2006 and 2009 due to bonds maturing.
42
43 7.05 Relationship Between Streets and Utility. The City and County
44 acknowledge the relationship between street/road maintenance and maintenance of
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1 Utility facilities. The Utility shall maintain all publicly owned drainage, conveyance and
2 storage, detention and infiltration facilities within the service area.
3
4 ARTICLE Vlll
5 DIRECT SUPPORT REIMBURSEMENT AND THIRD PARTY CONTRACTS
6
7 8.01 Reimbursement to Parties. The Utility shall reimburse the City and the
s County for all direct support supplied to the Utility. Such direct support shall include
9 administrative and accounting staff, professional staff, maintenance staff and
10 equipment. Personnel costs shall be reimbursed based upon actual hourly rate and
11 benefits costs. Equipment costs shall be reimbursed based upon a scheduled agreed
12 upon by the Parties.
13
14 8.02 Third Party Contracts. The County may, as permitted by law, enter into
15 separate agreements with third parties to perform work for or furnish professional
16 services to the Utility.
17
is 8.03 Emergencies. Emergency response due to flooding shall be consistent
19 with the plan developed by the Management Team and each Party shall be reimbursed
20 by the Utility for the personnel and equipment used in such response.
21
22 ARTICLE IX
23 COMMENCEMENT AND TERMINATION OF AGREEMENT
24
25 9.01 Commencement. This Agreement shall commence pursuant to Section
26 14.06.
27
28 9.02 Termination. This Agreement may be terminated, in whole or in part, at
29 any time by the joint action of the legislative authorities of the Parties. This Agreement
30 may be unilaterally terminated by one of the Parties, without cause, so long as there
31 are no outstanding Facilities obligations assumed or incurred by the Utilities or the
32 Parties, by providing not less than six (6) months prior written notice to the other party.
33
34 9.03 Disposition of Assets and Liabilities. Upon termination by one or both
35 Parties, the Facilities located within the City shall be transferred to the City and the
36 Facilities located within the unincorporated areas of the County shall be transferred to
37 the County. Each Party shall assume and pay the obligations remaining due for the
38 Facilities it receives on dissolution and thereafter indemnify and hold the other Party
39 harmless therefrom.
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1 ARTICLE X
2 INSURANCE
3
4 10.01 Insurance Required. Each Party shall obtain and maintain insurance
5 policies having minimum coverage of Two Million Dollars ($2,000,000) to meet all legal
6 and social responsibilities for creation of the Utilities and ownership, maintenance and
7 operation of the Facilities, including without limitation, general liability, public liability,
a professional liability, errors and omissions, officers and directors liability, property
9 insurance, and workmen's compensation coverage.
10
11 10.02 Policy Provisions. limits, deductibles, stop loss provisions, and/or
12 exclusions contained in such policies must be approved by the Parties.
13
14 10.03 Additional Insureds and Certificate. If permitted by its insurers, each
15 Party, its departments, elected and appointed officials, employees and agents, shall be
16 named as additional insureds on such policies. Such policies of insurance shall not be
17 subject to reduction in coverage or cancellation without thirty (30) days prior written
18 notice to the Parties. Each Party provide Certificates of Insurance to the other Party as
19 evidence of its compliance with these insurance requirements.
20
21 ARTICLE XI
22 CLAIMS AND INDEMNITY
23
24 11.01 Claims. Claims shall be received, reviewed and investigated by the
25 Management Team. Uninsured or underinsured claims directly and solely related to
26 Facilities shall be paid from Utility funds and/or revenues.
27
28 11.02 Indemnity. To the extent of its comparative liability, each Party shall
29 indemnify, defend and hold the other Party, its departments, elected and appointed
30 officials, employees, and agents, harmless from and against any and all claims,
31 damages, losses and expenses, including attorney's fees, for any bodily injury,
32 sickness, disease, or death, or any damage to or destruction of property, including the
33 loss of use resulting therefrom, which are alleged or proven to be caused in whole or in
34 part by a negligent act or omission of the Party, its officers, directors, and employees
35 with respect to the performance of this Agreement, the creation of the Utilities, and the
36 ownership, operation and maintenance of the Facilities.
37
38 11.03 Waiver of Subrogation. Each Party waives indemnity and claims for
39 contribution against the other Party to the extent that its damages, losses or expenses
4o are paid by insurance and such policy permits waiver.
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ARTICLE XII
2 PERFORMANCE OF AGREEMENT
3
4 12.01 Compliance with All Laws. Each Party shall comply with all federal,
5 state and local laws, rules, regulations and ordinances applicable to the performance of
6 this Agreement, including without limitation all those pertaining to wages and hours,
7 confidentiality, disabilities and discrimination.
8
9 12.02 Maintenance and Audit of Records. Each Party shall maintain books,
10 records, documents and other materials relevant to its performance under this
11 Agreement which sufficiently and accurately reflect any and all direct and indirect costs
12 and expenses incurred or paid in the course of performing this Agreement. These
13 records shall be subject to inspection, review and audit by either Party or its designee,
14 the Washington State Auditor's Office, and authorized federal agencies. Each Party
15 shall retain all such books, records, documents and other materials for five (5) years
16 following the termination of this Agreement or such longer period as may be required
17 by taw.
18
19 12.03 On -Site Inspections. Each Party or its designee may evaluate the
20 performance of this Agreement through on -site inspection to determine whether
21 performance is in compliance with the standards set forth in this Agreement, and in
22 compliance with federal, state and local laws, rules, regulations and ordinances, and in
23 compliance with jointly adopted policies and procedures of the Utilities.
24
25 12.04 Rights in Data and Work Product. Unless otherwise agreed upon by the
26 parties in writing, all data, reports, documents, pamphlets, advertisements, books,
27 magazines, surveys, studies, computer programs, films, tapes, sound reproductions,
28 educational courses and materials and other work product which originates from the
29 performance of this Agreement shall be "works for hire' and shall be the joint property
30 of the Parties.
31
32 12.05 Improper Influence. Each Party agrees, warrants and represents that it
33 did not and will not employ, retain or contract with any person or entity on a contingent
34 compensation basis for the purpose of seeking, obtaining, maintaining or extending this
35 Agreement. Each party agrees, warrants and represents that no gratuity whatsoever
36 has been or will be offered or conferred with a view towards obtaining, maintaining or
37 extending this Agreement.
38
39 12.06 Conflict of Interest. The elected and appointed officials and employees
40 of the Parties shall not have any personal financial interest, direct or indirect, which
41 gives rise to a conflict of interest as defined by Washington law.
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1 ARTICLE XIII
2 DISPUTES
3
4 13.01 Time. Time is of the essence of this Agreement.
5
6 13.02 Conflict. In the event of conflict among the terms and conditions of this
7 Agreement and federal, state or local law, the inconsistency shall be resolved by giving
8 precedence of interpretation in the following order:
9
10 1. Applicable federal case law, statutes and regulations; then
11 2. Applicable Washington case law, statutes and regulations; then
12 3. The terms and conditions of this Agreement; then
13 4. The terms and conditions of the each Utility established pursuant to this
14 Agreement; then
15 5. The policies and procedures jointly approved by the Parties for operation and
16 maintenance of the Utilities.
17
18 13.03 Waiver Limited. A waiver of any term or condition of this Agreement
19 must be in writing and signed by the waiving Party. Any express or implied waiver of a
20 term or condition of this Agreement shall apply only to the specific act, occurrence or
21 omission and shall not constitute a waiver as to any other term or condition or future
22 act, occurrence or omission.
23
24 13.04 Compliance Review Process and Corrective Action. In the event of
25 non-compliance with any term or condition of this Agreement, a Party may provide
26 written notice of non-compliance to the other Party. The non -compliant Party shall
27 have thirty (30) days from receipt of such written notice to implement fully corrective
28 action and to provide adequate assurances of continuing future compliance: provided,
29 that the non -compliant party shall have only three (3) business days to demonstrate its
30 compliance and to provide adequate assurances if the non-compliance presents a clear
31 and imminent danger to the health and well-being of the public, a clear violation of
32 federal or state laws, rules or regulations specifically found to be of imminent concern
33 and requiring immediate corrective action, a breach of the time limits for performance
34 under this Agreement, or an imminent loss of federal or state funding of this
35 Agreement.
36
37 13.05 Dispute Resolution.
38
39 A. Informal Mediation. Disputes regarding the ownership, operation and
40 maintenance of the Facilities and jointly adopted policies and procedures, other than
41 those which relate to non-compliance requiring only a three (3) day notice pursuant to
42 the preceding subparagraph, shall be informally mediated by a panel comprised of a
43 City elected official appointed by the City Council, a member of the County's Board of
44 Commissioners appointed by the Board, and a third person agreed upon by the two.
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1 The panel shall attempt to resolve the dispute between the Parties through discussion
2 and negotiation among the panel members. There shall be no presentation of
3 evidence or argument to the panel. Decisions of the panel shall not be binding on the
4 Parties and all discussions and negotiations among the panel members shall remain
5 confidential and privileged.
6
7 B. Arbitration. In the event that informal mediation does not resolve a dispute
8 between the Parties, the dispute shall be submitted to arbitration pursuant to RCW
9 Chapter 7.04, et. ses., except as hereafter modified. Such arbitration shall be before
10 one disinterested arbitrator, if one can be agreed upon by the parties. if one arbitrator
11 cannot be agreed upon, then the City shall appoint one arbitrator, the County shall
12 appoint one arbitrator, and a third arbitrator shall be appointed by the two. If all
13 arbitrators have not been appointed within ten (10) days after a written notice of
14 demand for arbitration is served by one party to the other, then either party may apply
15 to the Chelan County Superior Court, upon not less than five (5) days written notice to
16 the other, for appointment of the necessary arbitrators remaining to be appointed. The
17 judicial appointment(s) shall be final, conclusive and binding. The controversy shall be
18 resolved and determined in accordance with the laws of Washington as applied to the
19 facts found. Remedies, both equitable and legal, including injunctive relief, may be
20 granted. The decision shall be final, conclusive and binding on the Parties and a
21 judgment confirming the decision may be entered in the Chelan County Superior Court.
22
23 13.06 Attorney's Fees. If any legal action or other proceeding is brought for
24 the enforcement of this Agreement, or because of an alleged dispute, breach, default,
25 or misrepresentation in connection with any of the provisions of this Agreement, the
26 prevailing party shall be entitled to recover reasonable attorney's fees and other costs
27 incurred in that action, arbitration or proceeding.
28
29 13.07 Governing Law and Venue. This Agreement shall be governed
30 exclusively by the laws of the State of Washington. The Chelan County Superior Court
31 shall be the sole proper venue for any and all suits brought to enforce or interpret the
32 provisions of this Agreement.
33
34 ARTICLE XIV
35 GENERAL PROVISIONS
36
37 14.01 Assignment. The Parties may not assign any rights or delegate any
3s duties under this Agreement, whether by assignment, subcontract or other means. Any
39 such attempted assignment or delegation shall be void and shall constitute a material
40 breach of this Agreement.
41
42 14.02 Entire AgreementJModification. This Agreement constitutes the entire
43 agreement between the Parties. There are no understandings or agreements between
44 parties other than those set forth in this Agreement and in the appendices. No other
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1 statement, representation or promise has been made to induce the Parties to enter into
2 this Agreement.
3
4 14.03 Modification. This Agreement may not be amended, supplemented or
5 otherwise modified unless expressly set forth in a written agreement signed by the
6 Parties and adopted by resolution of each Parties' legislative authority.
7
8 14.04 Invalid Provisions. If any portion of this Agreement, or its application to
9 any person or circumstances, is held or determined to be invalid, such holding or
10 determination shall not affect the validity or enforceability of any other term or provision
11 and the application of this Agreement to other persons or circumstances shall not be
12 affected.
13
14 14.05 Counterparts. This Agreement may be executed by the parties using
15 duplicate counterparts.
16
17 14.06 Filing and State Approval. Pursuant to RCW 39.34.040, this Agreement
18 shall be filed with the County Auditor and the City Clerk prior to its entry into force. To
19 the extent any state officer or agency has control over the services or facilities which
20 may be the subject of this Agreement, then this Agreement shall be submitted to such
21 state officer or agency for approval pursuant to RCW 39.34.050 prior to its entry into
22 force.
23
24 Adopted: CITY OF EAST WENATCHEE
25
26
27
28 Dawn Collings, May r
29 ATTEST:
30
31
32
33 Cit Cler
34
35
36
37
38
39
APPROVED.AS TO FORM:
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Adopted: 3 - i'7- 9 8r
SEAL
ATTEST:
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DOUGLAS COUNTY
BOARD OF COUNTY COMMISSIONERS
Marilyn No rup, Clerk �ofthe�Bard
ROVED AS TO FORM:
ecuting Attorney
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