HomeMy WebLinkAboutContract CAG-10-069
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INTERLOCAL COOPERATIVE AGREEMENT BETWEEN
AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND
THE PORT OF SEATTLE, FOR THE
VALLEY NARCOTICS ENFORCEMENT TEAM
I. PARTIES
The parties to this agreement are the cities of Auburn, Kent, Renton, Tukwila,
Port of Seattle, and Federaf Way.
The Valley Narcotics Enforcement Team is assigned to the Drug
Enforcement Administration (DEA) Task Force.
II. AUTHORITY
This Agreement is entered into pursuant to Chapters 10.93, 39.34, and 53.08
of the Revised Code of Washington.
III. PURPOSE
The parties desire to establish and maintain a multi-jurisdictional team to
effectively investigate and enforce the laws relating to controlled substances.
IV. FORMATION
There is hereby established a multi-jurisdictional team to be hereafter known
as the Valley Narcotics Enforcement Team ("VNET"), the members of which
shall be the cities of Auburn, Kent, Renton, Tukwila, Port of Seattle and Federal
Way. VNET has been in existence for some time and this Agreement
establishes an Inter-local Agreement between the listed jurisdictions. The future
admission or elimination of a jurisdiction as a member of VNET may be
accomplished by an addendum to this agreement.
V. STATEMENT OF PROBLEM
The municipalities within the Puget Sound area have experienced an
increase in urbanization, and in population densities. The ability to address drug
abuse and the crimes associated to controlled substances has stretched the
resources of individual police department specialty units.
Law enforcement efforts directed at dealing with narcotic issues have, for the
most part, been conducted by law enforcement agencies working independently.
A multi-jurisdictional effort to handle specific and complicated narcotic
investigations will result in more effective pooling of personnel, improved
utilization of funds, reduced duplication of equipment, improved training,
development of specialized expertise, and increased utilization/application of a
combined narcotic enforcement team. The results will be improved services for
all of the participating entities, increased safety for officers and the community,
and improved cost effectiveness.
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VI. TEAM OBJECTIVES
The assigned personnel from each participating agency will form a combined
investigation team ("Team") through VNET. Each Police Officer is assigned to
the Team via this agreement, and to DEA through individual agreements with
DEA. VNET shall also be available to outside law enforcement agencies as
outlined under mutual aid and as approved by DEA.
The objective of the VNET sha�l be to provide enhanced and more efficient
use of personnel, equipment, budgeted funds, and training. The combined
Team or individual detectives shall respond as able and as approved by the
DEA Supervisor when requested by any of the participating agencies.
VII. DURATION/TERMINATION
The minimum term of this Agreement shall be one (1) year, effective upon its
adoption. This Agreement shall automatically extend for consecutive one (1)
year terms without action of the legislative bodies of the participating
jurisdictions, unless and until terminated pursuant to the terms of this
Agreement.
A jurisdiction may withdraw its participation in VNET by providing written
notice of its withdrawal, and serving such notice upon each Executive Board
member of the remaining jurisdictions. A notice of withdrawal shall become
effective ninety (90) days after service of the notice on all participating members.
The VNET may be terminated by a majority vote of the Executive Board. Any
vote for termination shall occur only when the police chief of each participating
jurisdiction is present at the meeting in which such vote is taken.
In the event that VNET withdraws its participation in the DEA Task Force,
this agreement will remain in effect as VNET operates independently as it has
done in the past.
VIII. GOVERNANCE
The affairs of the VNET shall be governed by an Executive Board whose
members are composed of the police chief, or his/her designee, from each
participating jurisdiction. A presiding officer shall be elected by the Board to
serve as Chair. Each member of the Board shall have an equal vote and voice
on all Board decisions. All Board decisions shall be made by a majority vote of
the Board members, or their designees, appearing at the meeting in which the
decision is made. A majority of Board members, or their designees, must be
present at each meeting for any actions taken to be valid.
The Board shall meet monthly, unless otherwise determined by the Board.
The presiding officer, or any Board member, may call extra meetings as deemed
appropriate. The Chair shall provide no less than forty-eight (48) hours notice of
all meetings to all members of the Board; PROVIDED, however, that in
emergency situations, the Chair may conduct a telephonic meeting or a poll of
individual Board members to resolve any issues related to such emergency.
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IX. STAFF
The following Staff shall serve at the pleasure of the Board. Staff may be
removed for any reason by majority vote of the Board.
Team Supervisor: A Team Supervisor with the rank of Sergeant or equivalent
from his/her respective agency shall be appointed by the Board. The VNET
Supervisor shall act as the first level supervisor for the team and shall report
directly to the VNET Chair.
Office Manaqer: The VNET Office Manager shall be provided by the City of
Kent on a reimbursable basis and shall work under the direction of the Board.
The Office Manager reports directly to the Team Supervisor and is responsible
for unit accounting, reports, office support, and other duties as appropriate.
Attornev: An attorney shall be a member of the Team. The King County
Prosecutor's Office shall select and interview candidates and make a
recommendation to the Executive Board. The Executive Board will make the
selection after considering the recommendation. The attorney will be responsible
for reviewing and filing cases, wire orders, search warrants, the prosecution of
forfeiture cases, and other services as needed.
VNET Detectives: Each agency shall contribute one (1) full-time
commissioned officer to the Team.
Emplovees of Contributinq Jurisdictions: The personnel assigned to the
Team shall be considered an employee of the contributing agency. That agency
shall be solely and exclusivefy responsible for the compensation and benefits for
that employee. All rights, duties, and obligations of the employer and the
employee shall remain with that individual agency. Each agency shall be
responsible for ensuring compliance with all applicable laws with regard to
employees and with provisions of any applicable collective bargaining
agreements and civil service rules and regulations.
In cases where the DEA procedures do not apply, each individual will follow
the General Orders as specified by the home agency.
X. EQUIPMENT, TRAINING, AND BUDGET
Each participating jurisdiction shall acquire the equipment of its participating
VNET Detectives. Each jurisdiction shall provide sufficient funds to update,
replace, repair, and maintain the equipment and supplies utilized by its
participating VNET Detectives. Each jurisdiction shall provide sufficient funds to
provide for training of its participating VNET Detectives.
The equipment, supplies, and training provided by each jurisdiction to its
personnel participating in the VNET shall be equal to those provided by the other
participating jurisdictions.
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The Board shall be responsible for purchasing VNET equipment. Property
purchased using VNET funds or forfeited property shall remain the property of
the VNET unless the Board transfers it to a participating jurisdiction. The Board
will insure a record of the transaction is maintained. The Board must approve
any joint capital expenditure for VNET equipment of $1,500.00 or more.
Approval for capital expenditures of less than $1,500.00 may be authorized by
the VNET Chair.
XI. FINANCIAL REQUIREMENTS
VNET utilizes a Fiscal Agent for all account transactions and accounting.
One of the participating jurisdictions will fulfill the responsibility of Fiscal Agent.
The VNET operating budget relies primarily on three (3) funding sources:
State and Federal Grants, the participating agencies, and the VNET assets
forfeited at the state and federal levels.
Federal Grant funds are administered by the state and follow the state
budget cycle of July 1 through June 30 of the following year. VNET shall
request monthly reimbursements of expenses until the awarded amount is
exhausted. Once the Federal Grant has been exhausted, forfeited assets will be
used to pay expenses for the remainder of the budget cycle.
VNET shall prepare a budget each year that estimates the grant funds
available, and each participating agency shall provide VNET with the annual
cost to assign an officer or other approved personnel to the unit. An agency's
annual contribution is then divided by twelve (12) and credited towards the
monthly salary and benefits of the agency's participating personnel. All other
expenses are paid for by VNET utilizing either Grant funds or forfeited assets.
The Board shall agree upon a date each year by which time it will notify the
participating agencies of each agencies' expected contribution.
The DEA contribution to VNET includes providing office space, storage
space, parking, and phone service at no cost.
XII. DISTRIBUTION OF SEIZURE FUNDS
The VNET Board provides oversight of seized and forfeited assets via the
Fiscal Agent. Forfeited assets may be distributed to participating agencies when
deemed appropriate by the Board. The Board will endeavor to maintain
adequate financial resources to fund ongoing operations of the VNET.
XIII. DISTRIBUTION OF ASSETS UPON TERMINATION
Upon termination of the VNET, each participating jurisdiction shall retain sole
ownership of the equipment purchased and provided to its participating VNET
members.
Any assets acquired with joint funds of the VNET shall be equally divided
among the participating jurisdictions at the asset's fair market value upon
termination. The value of the assets of the VNET shall be determined by using
commonly accepted methods of valuation. If two (2) or more participating
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jurisdictions desire an asset, the final decision shall be made by arbitration
(described below). Any property not claimed shall be declared surplus by the
Board and disposed of pursuant to state law for the disposition of surplus
property. The proceeds from the sale or disposition of any VNET property, after
payment of any and all costs of sale or debts of the agency, shall be equally
distributed to those jurisdictions participating in the VNET at the time of
dissolution. In the event that one (1) or more jurisdictions terminate their
participation in the VNET, but the VNET continues to exist, the jurisdiction
terminating participation shall be deemed to have waived any right or title to any
property owned by the VNET or to share in the proceeds at the time of
dissolution.
Arbitration pursuant to this section shall occur as follows:
a. The jurisdictions interested in an asset shall select one (1) person
(Arbitrator) to determine which agency will receive the property. If the
jurisdictions cannot agree to an Arbitrator, the chiefs of the jurisdictions
participating in the VNET upon dissolution shall meet to determine who
the Arbitrator will be. The Arbitrator may be any person not employed
by the jurisdictions that desire the property.
b. During a meeting with the Arbitrator, each jurisdiction interested in the
property shall be permitted to make an oral and/or written presentation
to the Arbitrator in support of its position.
c. At the conclusion of the presentation, the Arbitrator shall determine
which jurisdiction is to receive the property. The decision of the
Arbitrator shall be final and shall not be the subject of appeal or review.
XIV. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION
It is the intent of the participating jurisdictions to provide services of the
VNET without the threat of being subject to liability to one another and to fully
cooperate in the defense of any claims or lawsuits arising out of or connected
with VNET actions that are brought against the jurisdictions. To this end, the
participating jurisdictions agree to equally share responsibility and liability for the
acts or omissions of their participating personnel when acting in furtherance of
this Agreement. In the event that an action is brought against any of the
participating jurisdictions, each jurisdiction shall be responsible for an equal
share of any award for or settlement of claims of damages, fines, fees, or costs,
regardless of which jurisdiction or employee the action is taken against or which
jurisdiction or employee is ultimately responsible for the conduct. The
jurisdictions shall share equally regardless of the number of jurisdictions named
in the lawsuit or claim or the number of officers from each jurisdiction named in
the lawsuit or claim. This section shall be subject to the conditions and
limitations set forth in subsections A through G below.
A_ Jurisdiction Not Involved In VNET Response. In the event that a
jurisdiction or its personnel were not involved in the VNET response to
the incident that gives rise to a claim or lawsuit, and judgment on the
claim or lawsuit does not, in any manner, implicate the acts of a particular
jurisdiction or its personnel, such jurisdiction shall not be required to
share responsibility for the payment of the judgment or award.
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B. Intentionaliv Wronaful Conduct Bevond the Scoae of Emplovment.
Nothing herein shall require, or be interpreted to require indemnification
or sharing in the payment of any judgment against any VNET personnel
far intentionally wrongful conduct that is outside of the scope of
employment of any individual or for any judgment of punitive damages
against any individual or jurisdiction. Payment of any award for punitive
damages shall be the sole responsibility of the person or jurisdiction that
employs the person against whom such award is rendered.
C. Collective Representation and Defense. The jurisdictions may retain joint
legal counsel to collectively represent and defend the jurisdictions in any
legal action. Those jurisdictions retaining joint counsel shall share equally
the costs of such representation or defense.
In the event a jurisdiction does not agree to joint representation, the
jurisdiction shall be solely responsible for all attorneys fees accrued by its
individual representation or defense.
The jurisdictions and their respective defense counsel shall make a good
faith attempt to cooperate with other participating jurisdictions by,
including but not limited to, providing all documentation requested, and
making VNET members available for depositions, discovery, settlement
conferences, strategy meetings, and trial.
D. Removal From Lawsuit. In the event a jurisdiction or employee is
successful in withdrawing or removing the jurisdiction or employee from a
lawsuit by summary judgment, qualified immunity, or otherwise, the
jurisdiction shall nonetheless be required to pay its equal share of any
award for or settlement of the lawsuit; PROVIDED, however, that in the
event a jurisdiction or employee is removed from the lawsuit and
subsection (A) of this section is satisfied, the jurisdiction shall not be
required to pay any share of the award or settlement.
E. Settlement Process. It is the intent of this Agreement that the jurisdictions
act in good faith on behalf of each other in conducting settlement
negotiations on liability claims or lawsuits so that, whenever possible, all
parties agree with the settlement or, in the alternative, agree to proceed
to trial. In the event a claim or lawsuit requires the sharing of liability, no
individual jurisdiction shall be authorized to enter into a settlement
agreement with a claimant or plaintiff unless all jurisdictions agree with
the terms of the settlement. Any settlement made by an individual
jurisdiction without the agreement of the remaining jurisdictions, when
required, shall not relieve the settling jurisdiction from paying an equal
share of any final settlement or award.
F. Defense Waiver. This section shall not be interpreted to waive any
defense arising out of RCW Title 51.
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G. Insurance. The failure of any insurance carrier or self-insured pooling
organization to agree to or follow the terms of this section shall not relieve
any individual jurisdiction from its obligations under this Agreement.
XV. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS
In the event a claim is filed or lawsuit is brought against a participating
jurisdiction or its employees for actions arising out of their conduct in support of
VNET operations, the jurisdiction shall promptly notify the other jurisdictions that
the claim or lawsuit has been initiated. Any documentation, including the claim
or legal complaints, shall promptly be provided to each participating jurisdiction.
Any jurisdiction or member who believes or knows that another jurisdiction
would be liable for a claim, settlement, or judgment that arises from a VNET
action or operation, shall have the burden of notifying each participating
jurisdiction of all claims, lawsuits, settlements, or demands made to that
jurisdiction. In the event a participating jurisdiction has a right, pursuant to
section XVI of this Agreement, to be defended and held harmless by another
participating jurisdiction, the jurisdiction having the right to be defended and held
harmless shall promptly tender the defense of such claim or lawsuit to the
jurisdiction that must defend and hold the other harmless.
XVI. PROCESSING OF CLAIMS.
A. Designation of Lead Jurisdiction.
There shall be a lead jurisdiction for processing a claim that is filed with
and against cities for alleged damages and injuries that occur as a result
of VNET activities. The lead jurisdiction shall be the jurisdiction within
which the VNET response occurred; PROVIDED, that in the event the
jurisdiction within which the VNET response occurred did not participate
in the VNET response, the lead jurisdiction shall be the jurisdiction within
which the incident that required the VNET response originated. In the
event that a jurisdiction that was not involved in the VNET response
receives the claim, that jurisdiction shall notify the other jurisdictions in
accordance with Section XVII of this Agreement, and shall use its best
efforts to determine who is the appropriate lead jurisdiction.
B. Assistance of VNET Supervisor.
The VNET Supervisor shall assist the lead jurisdiction in responding to a
claim. The VNET Supervisor shall be responsible for gathering all
records relating to the VNET response. These records shall include, but
are not limited to, incident reports, notes, transcripts, photos, evidence
logs, recorded statements, documents from emergency dispatch centers,
and warrants from all jurisdictions that participated in the VNET response.
The VNET Supervisor shall also provide a list of personnel who
participated in the response and their contact information. The VNET
Supervisor shall deliver all copies of the records to the lead jurisdiction
promptly upon request.
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C. Claims of$5,000 or Less.
i. Lead Jurisdiction Responsibilities.
The lead jurisdiction shall be responsible for working with the
Supervisor to gather records relating to the VNET response. The
lead jurisdiction shall provide records to its insuran�e provider and
shall assist its insurance provider in assessing liability for acts
associated with the claim. The lead jurisdiction shall notify the
other jurisdictions of any determinations as to liability. In
determining whether a claim should be paid, the lead jurisdiction
and its insurance provider shall, at a minimum, consider the
potential legal defenses to the claim and the costs of defending the
claim.
ii. Liability Determination — Apportionment of Damages.
The lead jurisdiction, with the assistance of its insurance provider
and risk manager, shall determine whether the VNET is liable for
damages set forth in a claim, and whether the payment of the
claim would be in the best interest of the jurisdictions and/or the
VNET. In the event the lead jurisdiction determines that payment
of a claim is appropriate, such determination shall be final and
binding upon other jurisdictions and payment shall be apportioned
equally among all jurisdictions that participated in the VNET
response. The insurance provider for the lead jurisdiction shall
provide full payment to the claimant, and each jurisdiction that
participated in the response shall reimburse the insurance provider
for its equal share of such payment.
Prior to the payment of any claim, and as a condition of such
payment, the insurance provider providing payment shall obtain
from the claimant a complete and total release of liability on behalf
of all jurisdictions participating in the VNET and each and every
officer, agent, or volunteer of those participating jurisdictions.
In the event the lead jurisdiction determines that the VNET is not
liable for damages set forth in a claim or that the payment of the
claim would not be in the best interest of the jurisdictions and/or
the VNET, the lead jurisdiction shall notify the other jurisdictions of
the determination, and such determination shall be binding on the
other jurisdictions; PROVIDED, that another jurisdiction that
determines that payment is appropriate may pay such claim in full,
and shall not seek reimbursement from the other participating
jurisdictions.
iii. Letter From Insurance Adjusters.
In the event a lead jurisdiction, in conjunction with its insurance
provider, determines that payment of a claim is appropriate, the
insurance provider shall provide each of the participating
jurisdictions with a letter stating the determination and the bases
for such determination.
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D. Claims over $5,000.
i. Lead Jurisdiction Responsibilities.
The lead jurisdiction shall schedule a meeting with all jurisdictions
participating in the VNET to discuss the claim and to determine the
appropriate manner in which to respond and/or defend the claim.
The Board and persons listed in Section XVII of this Agreement
shall be notified of the meeting.
XVII. PROCESSING OF LAWSUITS.
A. Notification to Other Jurisdictions.
In the event a jurisdiction is served with a lawsuit, that jurisdiction shall
provide notice and documentation of the lawsuit to each of the other
jurisdictions in accordance with Section XVII of this Agreement.
B. Coordination of Initial Meeting.
The jurisdiction that initially receives a lawsuit shall schedule a meeting
with all of the jurisdictions participating in the VNET to discuss the lawsuit
and to determine the appropriate manner within which to respond and/or
defend the lawsuit. The Board and persons listed in Section XX of this
Agreement shall be notified of the meeting.
XVIII. NOTIFICATION OF CLAIMS AND LAWSUITS.
Section XVII of this Agreement requires that the jurisdiction receiving a claim
or lawsuit notify the other jurisdictions of the claim or lawsuit and provide
documentation of that claim or lawsuit to the other jurisdictions. Nothing in this
Agreement shall be deemed a waiver by any participating jurisdiction of the
requirements set forth in Chapter 4.96 RCW, and the fact that a participating
jurisdiction provides notice or copies of a claim to another jurisdiction shall not
be deemed compliance with the requirement that a party who files suit against a
jurisdiction first file a claim with the jurisdiction in accordance with Chapter 4.96
RCW. Moreover, nothing in this Agreement shall be deemed acceptance of
service of a lawsuit, and the fact that a participating jurisdiction provides notice
or copies of a lawsuit to another jurisdiction shall not be deemed adequate
service of such lawsuit in accordance with the State or Federal Rules of Civil
Procedure or the Revised Code of Washington.
For the purposes of implementing Section XVII of this Agreement, the
following persons from each jurisdiction shall receive any required notification or
documentation:
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Auburn: Kent:
Auburn City Attorney Kent City Attorney
25 West Main Street 220 4`h Avenue South
Auburn, WA 98001 Kent, WA 98032
(253) 931-3030 (253) 856-5781
Auburn Police Chief Kent Risk Manager
101 N. Division 220 4th Avenue South
Auburn, WA 98001 Kent, WA 98032
(253) 931-3080 (253) 856-5285
Auburn Human Resources Kent City Clerk
Director/Risk Manager 220 4th Avenue South
25 West Main Street Kent, WA 98032
Auburn, WA 98001 (253) 856-5728
(253) 931-3040
Auburn City Clerk Kent Police Chief
25 West Main Street 220 4t" Avenue South
Auburn, WA 98001 Kent, WA 98032
(253) 931-3039 (253) 856-5888
Federal Wa�i:
Federal Way City Clerk
P.O. Box 9718
Federal Way, WA 98063
Federal Way City Attorney
P.O. Box 9718
Federal Way, WA 98063
Renton:
Renton Risk Manager
1055 So. Grady Way
Renton, WA 98057
Port of Seattle: CIAW
Port of Seattle Claims Manager Director of Claims
P.O. Box 1209 Canfield & Associates, Inc.
Seattle, WA 98111 451 Diamond Drive
Ephrata, WA 98823
Tukwila: WCIA:
City Clerk Claims Manager
City of Tukwila WCIA
6200 Southcenter Blvd. P.O. Box 1165
Tukwila, WA 98043 Renton, WA 98057
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XlX. COMPUANCE WITH THE LAW
The VNET and all its members shali comply with all federal, state, and local
laws that apply ta the VNET.
XX. ALTERATIONS
This agreernent may be modified, amended, or altered by agreement af all
participating agencies and such alteration, amendmsnt, or modification shall be
effective when reduced to writing and executed in a manner provided for by this
agreement.
!t is recognized that during the course of operations, it may become
necessary to alter #he terms of this Agreement to provide for efficient aperation
of the VNET and to meet the goals of the VNET. It is further recognized that the
Board has the expertise necessary to pravide far the efficient operation af the
VNET. To that end, the jurisdictions agree that changes may be made to this
Rgreement, ar addendums added to this Agreement, witho�t prior approval of
the legislative bodies af the jurisdictions on the condition that such changes or
addendums shall be effective onfy by a unanimous vote of ali rnembers of the
Board.
XXI. RECClRDS
Each agency shall maintain recards relating to work performed by its
ernplayees assigned #o the VNET when aperating outside DEA operations. The
VNET office manager shall maintain records relating to the aperation of the
VNET ta the extent required by law. All records shall be available far fulf
inspectian and copying by each participa#ing jurisdictian.
XXII. FILING
Upon execution hereof, this Agreement shali be filed with the city clerks of
the respective participating municipalities, and such other gavernmental
agencies as may be required by law.
XXlil. SEVERABILITY
If any part, paragraph, sectian, or provisian of this Agreement is held to be
inva(id by any court of competent jurisdictian, such adjudication shai( not affect
the validity of any remaining section, part, or provision of this Agreement.
XXIV. MUN{CiPA� AUTHtJRIZATiONS
This Agreement shall be executed on behalf af each participating jurisdiction
by its duly authorized representative and pursuant to an apprapriate resolution
or ordinance of the governing body of each par�icipating jurisdictian. This
Agreement sha(i be deemed effective upan the last date of execution by the last
sa authorized representative. This Agreement may be executed by counterparks
and be vaCid as if each authorized representative had signed the original
dacument.
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By signing below, the signor certifies that he or she has the authority to sign this
Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms
of this Agreement.
Mayor, City af Auburn Date City Attorr�ey, City of Auburn Date
City Clerk, City of Auburn Qate
City Manager, City af Federal Way Date Gity Attarney, City of Federal Way Qate
City Clerk, City of Federal Way Date
S/� � `"/,���1�
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Mayor, City of Renton � Date City Attorney, City of Renton Date
1��6'7,t,yu,c.',�1. �G�� ,5",a�f/O
City Clerk, City af Renton Date
Mayor, City of Tukwila Date City Attarney, City of Tukwila Date
Gity Clerk, City of Tukwila Date
Mayor, Cify of Kent Date City Attorney, City of Kent Date
City Clerk, City af Kent Date
Chief Executive, Port af Seattle Date Port Counsel, Pork of Seattie Date
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