Clark County at Discovery Clean Water Alliance

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This document outlines several agreements and supporting schedules for the transfer of the Salmon Creek Wastewater Management System (SCWMS) from Clark County to the Discovery Clean Water Alliance. The primary "Transfer Agreement" (effective June 27, 2014, with a closing date of January 1, 2015) facilitates the conveyance of SCWMS infrastructure, real property, easements, personal property, and cash reserves from Clark County to the Alliance, with no direct monetary payment for the transfer itself. It is also complemented by a "Franchise Agreement" (effective June 27, 2014, for 20 years) for facility operation in rights-of-way, and an "Operator Agreement" (effective January 1, 2015, for 5 years) where Clark County will continue to operate the assigned regional assets for the Alliance. The overarching "Interlocal Formation Agreement" (effective January 4, 2013) established the Alliance to jointly provide regional wastewater services.

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This document is a Franchise Agreement between the City of Battle Ground and the Discovery Clean Water Alliance, effective January 1, 2015. It grants the Alliance a nonexclusive franchise for an initial term of 30 years, with renewal options, to construct, operate, and maintain wastewater facilities within the City's Public Rights-of-Way. The agreement outlines definitions, conditions, compliance requirements, performance of work, planning coordination, facility relocation, and dispute resolution mechanisms. There is no monetary consideration or fee for the franchise itself, as it is granted in connection with the Alliance's obligation to provide Allocated Capacity to its members and customers.

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This document outlines the assignment of an existing Aquatic Lands Outfall Easement No. 51-076959 from the Clark County Department of Public Works to the Discovery Clean Water Alliance, effective January 1, 2016, with the consent of the Washington State Department of Natural Resources. Concurrently, the original easement, established November 18, 2005, and set to expire November 17, 2035, is amended with new provisions also effective January 1, 2016. The easement pertains to the operation and maintenance of a 30-inch concrete outfall pipe, detailing terms for use, environmental liability, financial security, and insurance.

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This Agreement for Legal Services outlines the terms between The Discovery Clean Water Alliance and Foster Garvey P.C. for legal counsel, including general and special counsel services for capital projects. The agreement is effective from January 1, 2023, to December 31, 2026. The Law Firm will be compensated on an hourly basis, approximating 90% of their standard rates, plus reimbursement for out-of-pocket expenses. Billings are submitted monthly, and services are subject to the Alliance's operating and capital budget allocations, which are not specified within this document.