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HomeMy WebLinkAboutAmendment 2Second Amendment to Interlocal Agreement Page 1 of 3 SECOND AMENDMENT TO INTERLOCAL AGREEMENT FOR JOINT NEGOTIATION WITH WSDOT REGARDING THE MAINTENANCE OF SR 520 FACILITIES THIS SECOND AMENDMENT to the Interlocal Agreement (“Second Amendment” or “Amendment”), dated as of the later of the signature dates below (the “Effective Date”), is by and between the City of Medina, the Town of Yarrow Point, the Town of Hunts Point, and the City of Clyde Hill, all of which are Washington municipal corporations (individually a “Party” and collectively the “Parties” or “Cities”). RECITALS: WHEREAS, the Parties entered into an Interlocal Agreement on June 12, 2024 (hereinafter “Agreement”) for purposes of hiring joint legal counsel for negotiation with WSDOT regarding the maintenance of SR 520 facilities; and WHEREAS, on June 12, 2024, the parties entered into the First Amendment of the Agreement to increase the maximum amount payable to $80,000 ($20,000 for each of the Cities); and WHEREAS, since that time the Parties have determined that a second amendment is needed to again increase the budget set forth in Section 3 of the Agreement; and NOW THEREFORE, in consideration of the terms and conditions set forth herein, the Parties agree that the recitals set forth above are incorporated herein as if set forth in their entirety and further agree as follows: AGREEMENT: 1. Amendment to Section 3. Section 3 is hereby amended in the Agreement to read as follows: Section 3. Hiring and Financing of Professional Negotiator. The Cities agree to equally share the fees and expenses of an agreed upon law firm and attorney to serve as the professional negotiator to negotiate on behalf of the Cities with WSDOT, to the maximum total amount of Forty Eighty One Hundred Sixty Thousand Dollars ($40,00080,000 160,000) ($10,00020,000 40,000 maximum for each of the Cities). Joe Sabey, Mayor of the Town of Hunts Point, is authorized to sign the a revised Engagement Letter, if required, on behalf of the Cities following their review and approval thereof. Each of the Cities shall be entitled to review the billings of the professional negotiator as received. Each of the Cities shall promptly pay its one- quarter share unless the Committee decides to delay payment or challenge the billing. The Committee shall determine with the professional negotiator whether the billings are split equally and invoiced separately to each of the Cities or invoiced in some other manner to the Cities. Docusign Envelope ID: C04D2ECB-46C2-4CEB-B2CB-AF1E22B4A1E0 Second Amendment to Interlocal Agreement Page 2 of 3 2. Reaffirmation; Intention to be Bound. Except as expressly amended by this Amendment, each and every term, condition and agreement contained in the Agreement shall remain in full force and effect. The Parties reaffirm that the representations and warranties made by each Party in the Agreement are true and accurate as of the Effective Date. The Parties executing this First Amendment on behalf of themselves, their assigns, and successors, hereby acknowledge and reaffirm their intention to be bound by the terms and conditions of the Agreement. Nothing in this Amendment shall be deemed to supersede or otherwise modify any other term or provision of the Agreement except as expressly stated herein. 3. Recitals; Capitalized Terms. The recitals set forth above are a part of this Amendment. Unless otherwise defined herein, capitalized terms used in this Amendment have the meanings assigned to them in the Agreement or as set forth in the Amendment. IN WITNESS WHEREOF, the Parties have caused their properly authorized representatives to execute this First Amendment on the dates set forth below. CITY OF CLYDE HILL CITY OF MEDINA By: By: Steve Friedman, Mayor Stephen R. Burns, City Manager CITY OF CLYDE HILL CONTACT Dean Rohla, City Administrator 9605 NE 24th Street Clyde Hill, WA 98004 T: 425.453.7800 F: 425.462.1936 CITY OF MEDINA CONTACT Stephen R. Burns, City Manager 501 Evergreen Point Road, PO Box 144 Medina, WA 98039 T: 425.233.6400 F: 425.451.8197 ATTEST/AUTHENTICATED ATTEST/AUTHENTICATED By: By: Dean Rohla, City Clerk Aimee Kellerman, City Clerk City of Clyde Hill City of Medina APPROVED AS TO FORM APPROVED AS TO FORM By: By: Tom Brubaker, City Attorney Jennifer S. Robertson, City Attorney City of Clyde Hill City of Medina Docusign Envelope ID: C04D2ECB-46C2-4CEB-B2CB-AF1E22B4A1E0 Second Amendment to Interlocal Agreement Page 3 of 3 TOWN OF HUNTS POINT TOWN OF YARROW POINT By: By: Joe Sabey, Mayor Katy Harris, Mayor TOWN OF HUNTS POINT CONTACT Sue Ann Spens, Clerk/Treasurer 3000 Hunts Point Road Hunts Point, WA 98004 (425)4 55-1834 TOWN OF YARROW POINT CONTACT Katy Harris. Mayor 4030 95th Ave NE Yarrow Point, WA 98004 (425) 786-6099 ATTEST/AUTHENTICATED ATTEST/AUTHENTICATED By: By: Sue Ann Spens, Clerk/Treasurer Bonnie Ritter, City Clerk Town of Hunts Point Town of Yarrow Point APPROVED AS TO FORM APPROVED AS TO FORM By: By: David Linehan, Town Attorney Emily Romanenko, City Attorney Docusign Envelope ID: C04D2ECB-46C2-4CEB-B2CB-AF1E22B4A1E0 Certificate Of Completion Envelope Id: C04D2ECB46C24CEBB2CBAF1E22B4A1E0 Status: Completed Subject: Complete with Docusign: WSDOT Joint Negotiations ILA - Second Amendment.docx Source Envelope: Document Pages: 3 Signatures: 12 Envelope Originator: Certificate Pages: 6 Initials: 0 Aimee Kellerman AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 501 Evergreen Road Medina, WA 98039 akellerman@medina-wa.gov IP Address: 146.129.245.86 Record Tracking Status: Original 10/16/2024 9:57:29 AM Holder: Aimee Kellerman akellerman@medina-wa.gov Location: DocuSign Signer Events Signature Timestamp Steve Friedman mayor@clydehill.org Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 76.146.102.72 Sent: 10/16/2024 10:05:12 AM Viewed: 10/16/2024 10:19:11 AM Signed: 10/16/2024 10:19:33 AM Electronic Record and Signature Disclosure: Accepted: 11/16/2023 9:24:14 AM ID: b60eb1fb-e97d-4ea9-89ea-c8656cd341f9 Dean Rohla dean@clydehill.org Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 8.53.132.189 Sent: 10/16/2024 10:19:35 AM Viewed: 10/16/2024 10:20:16 AM Signed: 10/16/2024 10:21:19 AM Electronic Record and Signature Disclosure: Accepted: 11/28/2023 3:14:32 PM ID: 367f38dc-40ee-47a5-968c-d0fb9bafcfcd Tom Brubaker Tom@lighthouselawgroup.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 146.75.136.227 Sent: 10/16/2024 10:21:22 AM Viewed: 10/16/2024 10:27:40 AM Signed: 10/16/2024 11:23:18 AM Electronic Record and Signature Disclosure: Accepted: 10/16/2024 10:27:40 AM ID: 7707d250-5aa3-4f23-b1b4-4a5197c10000 Stephen R. Burns sburns@medina-wa.gov City Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 146.129.245.86 Sent: 10/16/2024 11:23:20 AM Viewed: 10/16/2024 11:46:57 AM Signed: 10/16/2024 11:47:07 AM Electronic Record and Signature Disclosure: Accepted: 10/16/2024 11:46:57 AM ID: 3fface8e-2eb0-419c-820b-0dcfdd86edd7 Signer Events Signature Timestamp Aimee Kellerman akellerman@medina-wa.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 146.129.245.86 Sent: 10/16/2024 11:47:08 AM Viewed: 10/16/2024 11:52:53 AM Signed: 10/16/2024 11:53:04 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer S. Robertson jrobertson@insleebest.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 209.63.25.21 Sent: 10/16/2024 11:53:06 AM Viewed: 10/16/2024 1:34:53 PM Signed: 10/16/2024 1:35:00 PM Electronic Record and Signature Disclosure: Accepted: 3/21/2024 11:27:16 AM ID: 4741b87c-004c-442b-bcc8-6191b237fec2 Joseph Sabey mayor@huntspoint-wa.gov Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 104.28.116.94 Signed using mobile Sent: 10/16/2024 1:35:01 PM Viewed: 10/18/2024 3:14:55 PM Signed: 10/18/2024 3:15:29 PM Electronic Record and Signature Disclosure: Accepted: 10/18/2024 3:14:55 PM ID: bfecbf04-882a-4857-a30a-da248c5c4a89 Sue Ann Spens clerk@huntspoint-wa.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 174.164.243.182 Sent: 10/18/2024 3:15:32 PM Resent: 10/22/2024 1:44:39 PM Viewed: 10/22/2024 4:16:30 PM Signed: 10/22/2024 4:16:42 PM Electronic Record and Signature Disclosure: Accepted: 10/22/2024 4:16:30 PM ID: aa0d0c0e-25eb-4ceb-b7ba-fa6e2eb6d9a6 David Linehan david@madronalaw.com Interim City Attorney Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 76.147.168.237 Sent: 10/22/2024 4:16:44 PM Resent: 10/28/2024 6:58:16 AM Viewed: 10/28/2024 9:37:00 AM Signed: 10/28/2024 9:39:42 AM Electronic Record and Signature Disclosure: Accepted: 10/28/2024 9:37:00 AM ID: 0e05e4a6-ff90-4402-8a86-54ef3ee7c1df Katy Kinney Harris mayor@yarrowpointwa.gov Mayor Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 96.66.249.137 Sent: 10/28/2024 9:39:44 AM Viewed: 10/28/2024 11:28:42 AM Signed: 10/28/2024 11:29:10 AM Electronic Record and Signature Disclosure: Signer Events Signature Timestamp Accepted: 10/28/2024 11:28:42 AM ID: a580be5f-7442-41a6-87c3-fe31f4107c98 Bonnie Ritter clerk-treasurer@yarrowpointwa.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 96.66.249.137 Sent: 10/28/2024 11:29:12 AM Resent: 10/29/2024 6:59:29 AM Viewed: 10/29/2024 8:09:01 AM Signed: 10/29/2024 8:09:17 AM Electronic Record and Signature Disclosure: Accepted: 10/29/2024 8:09:01 AM ID: 95cab62b-13ac-49ab-8b76-4eb3a14f1d87 Emily Romanenko eromanenko@omwlaw.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 20.237.240.94 Sent: 10/29/2024 8:09:20 AM Viewed: 10/29/2024 10:00:48 AM Signed: 10/29/2024 10:01:06 AM Electronic Record and Signature Disclosure: Accepted: 10/29/2024 10:00:48 AM ID: f0e36f24-58d3-4082-af0d-24bc1bfc9cb6 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 10/16/2024 10:05:12 AM Certified Delivered Security Checked 10/29/2024 10:00:48 AM Signing Complete Security Checked 10/29/2024 10:01:06 AM Completed Security Checked 10/29/2024 10:01:06 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Medina (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 1/30/2023 10:06:04 AM Parties agreed to: Steve Friedman, Dean Rohla, Tom Brubaker, Stephen R. Burns, Jennifer S. Robertson, Joseph Sabey, Sue Ann Spens, David Linehan, Katy Kinney Harris, Bonnie Ritter, Emily Romanenko Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. 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We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements. 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