2008/07/30 Council Agenda Packet

EVERE�T CITY COUNCIL AGENDA ITEM COVER SHEET' A -Z 6 PROJECT TITLE: Second Amendment to the Consent COUNCIL BILL# Interlocal Agreement among 33 X Action Originating Department Legal cities and Kitsap County to First Reading Contact Person Jim Iles engage Foster Pepper PLLC to Second Reading Phone Number 257-1011 provide legal services for legal Third Reading FOR AGENDA OF July 30, 2008 challenges to the NPDES Public Hearing Phase II regulation for an Initialed by: additional $25,000 by Everett. Department Head Apra: CAA , pct Council President UJ Location Preceding Action Attachments Department(s) Approval Agreement Second Amendment Legal First Amendment Amount Budgeted $110,000 Expenditure Required $25,000 Account Number(s): UT002-410 Budget Remaining $34,668 Additional Required -0- DETAILED SUMMARY STATEMENT: In March 2007, Everett entered into an interlocal agreement with 32 other cities and Kitsap County to retain the law firm of Foster Pepper for representation against the Department of Ecology(DOE). The challenge is to some standards adopted by DOE that may result in overly burdensome and challenging storm water requirements. The initial interlocal provided for payment of legal fees totaling$275,000 with Everett paying about $8,300. The initial agreement was then amended to $950,000 with Everett paying an additional $25,000. By this second amendment, Everett's contribution will be increased by an additional $25,000, for a total of fees and costs for all 34 participating agencies of up to $1,225,000. RECOMMENDATION: (Exact action requested of Council): Authorize the Mayor to execute the second amendment to the Interlocal Agreement among 33 cities and Kitsap County to engage Foster Pepper PLLC to provide legal services for legal challenges to the NPDES Phase II regulation for an additional $25,000 by Everett. f J