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l <br /> SECTION 3. DEFINITIONS. <br /> a. Agreement. The "Agreement" is this interlocal agreement, as it may hereafter be <br /> amended or modified, together with all exhibits and appendices hereto, as they may hereafter be <br /> amended or modified. <br /> b. Articles of Incorporation. The"Articles of Incorporation" or"Articles" are terms <br /> defining aspects of the PORTAL AGENCY corporate formation under 39.34.030(3)(b) and <br /> consistent with RCW 24.06.025, as they may hereafter be amended by the Executive Board. <br /> c. Board Member. A"Board Member" or"Executive Board Member"is the <br /> individual representing a Principal on the Executive Board, whether the Chief Financial Officer <br /> of such Principal or his/her designated alternate. <br /> d. Business and Occupation Taxes. "Business and Occupation Taxes" are Gross <br /> Receipt Taxes imposed by a Participating City as an exclusively governmental activity <br /> authorized by state law and as defined in RCW 35.102.030. <br /> e. Business Licenses. "Business Licenses" are licenses required to be obtained by <br /> businesses in order to operate within a Participating City, consistent with state law. <br /> f. Bylaws. "Bylaws" as adopted and amended from time to time by the Executive <br /> Board shall govern the operations of the PORTAL AGENCY Executive Board, Operations <br /> Committee, and the officers thereof. <br /> g. Capital Cost Recovery Charge. The"Capital Cost Recovery Charge" is an annual <br /> fee charged to all Participating Cities other than the City of Seattle, for the purposes of <br /> reimbursing Seattle for a portion of the funding it provided to pay for start-up of the PORTAL <br /> AGENCY, as further described in Section 13.j. <br /> h. Capped Costs. "Capped Costs"means all items in the PORTAL AGENCY <br /> budget excluding: <br /> i. Labor Costs unrelated to increases in full or partial staff positions; <br /> ii. Costs payable pursuant to the Portal Services Contract with the Vendor; <br /> iii. State Auditor's Office Audit costs; <br /> iv. Accounting services; <br /> v. Insurance; <br /> vi. Bank fees; <br /> vii.Any unanticipated expenses outside the normal course of business, for <br /> example, costs of litigation or damages, uninsured losses, tax or other <br /> liabilities resulting from a change in law, and events of force majeure (e.g. <br /> fire, explosion, accident, volcanic eruption, flood, epidemic, civil <br /> disturbance). <br /> i. CPI-U Limit. "CPI-U Limit"means the percentage increase(or decrease) equal <br /> to the percentage increase (or decrease) year to year in the Consumer Price Index—Urban for the <br /> Seattle/Tacoma/Bremerton metropolitan area, April—April, calculated by the Federal Bureau of <br /> Labor Statistics, or its successor index. <br /> v. 11.5.138 3 <br />