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AG 90-023 t -~ DEPARTMENT REVIEW/SIGNATURE 1. OFUGINATINIii DI!!:PT./DIV.: ~u.J I SuJ ^^ 2. ORIGINATING STAF'F' PERSON: YVs t.~ EXT: ~\?') 3. DATE REQ. Bv: ~ 4. TYPE OF' DOCUMI!!:NT REQUESTI!!:D (CHI!!:CK ONE): 0 PROF"ESSIONAL SERVICES AIiREEMENT 0 MAINTENANCE/L.A..OR AOREEMENT 0 PUBLIC WORKS CONTRACT 0 SMALL PUBLIC WORKS CONTRACT ILE.. T"AN $"",aQD' 0 PURCHASE AIiREEMENT (MAT",,'AL., Su....LIO:., It''U'''''O:NT) 0 SECURITY DOCUMENT CO:.II.. AII..o:o:...,NT .. P.,..../MAlN SaNal A..',......,NT a.. FUNa. IN LI.,u a.. BaN'" DOCUMENT 0 REAL EI!ITATE PURCHAI!IE & ~ A 5. PRO.JECT NAME: ,t", C' C 6. NAME OF CONTRACTOR' 1:""9 ,éC<.L"'ly /JJ~.iu ;\nJ. ~e"""",-"", 'Fe.!ev:'¡ ,'-'..by ADDRESS: '7('[) 5-.u... Áve '"'7)\.Aj..le 2zC:G PHONE: cze,,) 29 Go, "~"Y«1 LI. Tvp!!: OF' PERSON OR ENTITY (CHECK ONE): D INDIVIDUAL , " ~s E PROPRIETORS, HIP D PARTNERIIIHIP ORPORATION SIGNATURE NAME: Prt-YV\-i S3l';'VU' ,..\4 e STATE; TAX 10#/8S#: TITLE: b;~1!'" ('_Lex' ) l~ ~ N..R 7. SCOPE OF' WORK: ATTACH EXHIBIT A - A COMPLETE AND DETAILED DESCRIPTION OF' THE SERVICES OR SCOPE OF' WORK, INCLUDING COMPLETION DATES F'OR EACH PHASE OF" WORK AND LOCATION OF' WORK. S. TERM: CCMMENCEMI!!:NT DATI!!:: ,(I L(~ C(> COMPLETION DATE: 1Je b~~ 9. TOTAL COMPENSATION: $ t::t. (\('CC~r'J 4- ri c;rv<;'j IINCLUDES EXPENSES AND SALES TAX, IF' ANV) REIMBURSABLE EXPENSES: DYES 8",,"""1..1:8 a,. O:""La...U. T'TLO:. ANa NaU"L... IOATO:.' ~ ~ IF' VES, MAXIMUM DOLLAR AMOUNT: $ II,. "ALaULATE" ".. ..a""L... LA.". a..A."" - ATTAa IS SALES TAX OWED? 0 YES IF" VES, $ PAID BV: D CONTRACTOR DCITV 1 D. SELECTION PROCESS USED (CHECK ONE): 0 REQUEST F"OR SIDS D REQUEST F"OR PROPO&ALI!I 0 REQUEST FOR QUOTES 0 REQUEST FOR QUALIFICATIONS 0 ARCHITECT &. ENGINI':ER LIST D SMALL WgI'IKB RgSTI':R ~, \\~'iï ~~~'~ \\~~. \)\"b~-Y -. ~ ~~" ~'-~\ 11. CO~N A,CT REVI~\ lW'-3(¡(.( ~\ \ IE ~ECTO" ~~w (ALL CONTRACTS) ¡¡t"RISK MANAIiEMENT ¿A I.. "aNT....aT. "><"O:"T A..O:Na....NT., ONT....aTO. .00L..aTI"" OaaU"O:NT! PURCHA81NG INITIAL/DATE APPROVED ~LAW O~PARTMENT ..¡;.. CITY MANAGER ~~V CLERK ~ :~"5~::E:O:: S;~ Õ ~2~A2: DEPT. 0 PUI'ICHASING; PLEASE CHARGE TO: INITIAL/DATE APPROVED " , ,\ 12. CONTRACT SIGNATURE ROUTING Or~)Ctv1.ð la:tpe'iM.pvtLlrVl ~ . ~~~ 'f'4L}ìve stz!, 1/ ~1. \1 Ý ~V,.., pŒ.plV'p\J i~ fO YtS. ¡' WHITE. aR""NAL "TAT" W'TM caNTRACT r::AN"'R"" CCERK Ta "TM' PINK' CAW DEPT. ,"OLDENROD' DR"JONAT'NO 8TM,. 1.0""" "'0:... """OSI s 8 8 King County Water and Land Resources Division Department of Natural Resources 700 Fifth Avenue, Suite 2200 Seattle, WA 98104-5022 (206) 296.6.'>19 (206) 296-0192 FAX RECEIVED NOV1 ~ 1997 FEDERAl-WAY PUBLIC WORKS ADMINISTHATION DIVIS:TON November 18, 1997 Jeff Pratt, P.E., Surface Water Manager City of Federal Way 33530 First Way South Federal Way, W A 98023 RE: Interlocal Agreement for Surface Water Management Billing and Collection Services Dear Mr. Pratt: Thank you for your response and edits to the amendment to the Interlocal Agreement for Surface Water Management Billing and Collection Services. The amendment has been updated to include the changes requested by the City of Federal Way, and I have enclosed three copies for signature by the City Manager, Once I have received the amendment originals back from you with the City's signature, I will forward them for signature by King County. I will then return a signed original amendment to you for your files. Thank you for your diligence in completing this effort. If you have any questions, please call me at 296-8010. \ £ ~ %tIfT ~ ~-r- ~ --~! -l~ L~I\J Y\.EE'(\ (J.. -:)\\}. t \'v-.e -xx-ç \ Y~('(\ \ ! U, . i -k.N" Y-f?\'ì~, <J' .." Sincerely, /- <" Le~Ann'Merrill Intergovernmental Relations Coordinator Enclosures 1. \t,{" L(\y\ i t'?lo-&5l"l e L', íi '\L\Á~ LN' &(\1 LAM:BLlmMJ6 cc: Richard Rice, Billing Supervisor, Customer Account Services ,-,--,'- 8 8 l\ b qo- 23 cL AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY FOR THE PROVISION OF BILLING, COLLECTION, AND TECHNICAL SERVICES ENABLING THE A GREEMENT TO BE A UTOMATlCALLY RENEWED ANNUALLY AND AMENDING THE SERVICE COsI' UPDATE PROCEDURE The 1991 agreement between King County and the City of Federal Way provides for the provision ofbiUing and collection services for the surface water management service charge for the City, and establishes a mechanism for Federal Way to request that King County provide certain technical surface water management related services. This amendment makes three changes to that agreement. First, the agreement stipulates that it will remain in effect until December 31, 1997 unless otherwise extended by the party. This amendment revises section V. of the interlocal agreement so that the agreement shall renew automatically trom year to year subject to the provisions of Section VI. Amendments, Extension and Termination (of the agreement). Second, this amendment also amends the procedure for making annual service cost updates by revising agreement Section IlIA. to read as follows: A. Cost of Services 1. The estimated costs and level of service as shown in Exhibits A and B are acknowledged by the parties as representing the best projections for services and costs available at the time of this agreement. 2. Billing Services a. Federal Way will pay an annual per-account fee for surface water management service charge billing, customer database management, and customer service, adjustable on an annual basis. The fee is $1.77 per account for 1997, and is adjustable on an annual basis. Annual adjustments are based on staff and overhead cost changes authorized in the adopted King County annual budget. b. Federal Way will pay a fee for revenue collection and disbursement services of one percent of the gross service charge revenue collected by the County trom Federal Way property owners. The fee will be deducted by the King County Department of Finance trom revenues collected. c. Changes in the annual service level or in the annual cost of services will be agreed to in writing by the parties before being implemented. Technical Services a. For any technical services requested by Federal Way, King County will provide a written cost estimate to the city for the requested services. The City will be billed for actual costs for any requested services provided, including staff and any equipment costs necessary. 3. Third, the stipulations in agreement Section VI.B. are covered in other sections of the agreement; therefore, Section VIB. is deleted from the agreement by this amendment. All other provisions of the existing agreement shall remain unchanged and in effect. APPROVED AS TO FORlr;1: ~~ ~ÞtP 'n \LA. . City Attorney, Landi K Lindell r- KlNGÆ6ÛÑIT ) (~ / ,.' . " I/" -', ..' """..~ , .. Pam Bissonnette, Di Natural Resources -,',,/ '~ etór, Dept. of :£,! 9,,~F~D~,!,'ßA, "~",,,w,,-,,:4Y ,~ ¡j {~ t:"Kenneth 'E. Nybtrg, C ty Manager L2. // ~ 2..1 'î 7 DATE /I ( UJ'í) DATE .// "'- "f ED~ ~ 33530 1ST WAY SOUTH (253) 661-4000 FEDERAL WAY WA 98003-6210 October 21, 1997 Lee Ann Merrill Intergovernmental Relations Coordinator King County Water and Land Resources Division 700 Fifth avenue, Suite 2200 .:. . " Seattle, WA 98104 Subject: , - Amendment to the Interlocal Agreement for Su,rfaèe Water Management Billing & Collection Services . . . . Dear Ms. Merrill: Thank you for your September 17, 1997 letter transmitting an the amendment that provides for the automatic renewal of the referenced agreement. The City's legal department requests the following changes be made: 1. Please insert as paragraph A.2.c. to the Amendment, paragraph VI.B.I. from page 6 of the Interlocal Agreement. 2. Please add signature blocks for the City as follows: APPROVED AS TO FORM: City Attorney, £ondi K. Lindell CITY OF FEDERAL WAY Kenneth E. Nyberg, City Manager Once received, the City will execute the revised amendment and return them to you for final execution. Please call me with any questions at (253) 661-4135. ~ y. ~\" ", I ! " , , \ Jeff'f tt, . . Surf~( ater Manager IP:jg enclosure cc: Richard Rice, Billing! Account Services Supervisor Iola....Im........... r ... '8 (206) 296-6519 (206) 296-0192 FAX J \. \ !ì'C;¡ ~c' \!iJ¡ Rr:"" r-" 'r:1'"', King County Water and Land Resources Division Department of Naluwl Resources 700 Fifth Avenue, Suite 2200 Seattle, WA 95104 (' ... .. ,..'" P ,-'1 September 17, 1997 If.!:. Dr~ ;' '~""'\,' At:" .. . ,r('\,",r>;,~., " "', '; Jeff Pratt, Surface Water Manager City of Federal Way 33530 First Way South Federal Way, WA 98023 Dear Mr. Pratt: Please find enclosed for your signature two copies of an amendment to the interlocal agreement between King County and Federal Way for the provision of the City's surface water service charge billing and collection services. This amendment provides for the agreement to renew automatically each year unless it is canceled with 90 days notice. In addition, as stipulated in the original agreement Section lILA., the costs of services for the billing and collection services detailed in Exhibit B are subject to updates through the attachment of revised exhibits to the agreement. The additional changes made in this amendment eliminate the need to attach a new exhibit to the agreement each year, while providing for the annual adjustments to continue in the same way that we have always been doing them. The City will continue to be informed of the annual rate adjustment each year once it has been determined. Once I have received the amendment originals back from you with the City's signature, I will forward them for signature by the County and return a completed original amendment to you for your files. Thank you for your time and work in completing this effort. Should you have any questions, please do not hesitate to call me at 296-8010. enclosures \"l'~ ,~ ~ ~()\ ~i ", ~ (L,/J \"\~ ' 0'\ I\J\ LAM:BL cc: Richard Rice, Billing and Account Services Supervisor .~o ?~~ ... , , " ..- "-~ AMENDMENT To THE INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY FOR THE PROVISION OF BILLING, COLLECTION, 'AND TECHNICAL SERVICES ENABliNG THE A GREEMENT TO BE A UTOMATlCALLY RENEWED ANNUALLY AND AMENDING THE SERVICE COST UPDATE PROCEDURE The 1991 agreement between King County and the City of Federal Way provides for the provision of billing and collection services for the surface water management service charge for the City, and establishes a mechanism for Federal Way to request that King County provide certain technical surface water management related services. This amendment makes three changes to that agreement. First, the agreement stipulates that it will remain in effect until December 31, 1997 unless otherwise extended by the party. This amendment revises section V. of the interlocal agreement so that the agreement shall renew automatically ftom year to year subject to the provisions of Section VI. Amendments, Extension and Termination (of the agreement). Second, this amendment also amends the procedure for making annual service cost updates by revising agreement Section IILA. to read as follows: A. Cost of Services 1. The estimated costs and level of service as shown in Exhibits A and B are acknowledged by the parties as representing the best projections for services and costs available at the time of this agreement. 2. Billing Services a. Federal Way will pay an annual per-account fee for surface water management service charge billing, customer database management, and customer service, adjustable on an annual basis. The fee is $1.77 per account for 1997, and is adjustable on an annual basis. Annual adjustments are based on staff and overhead cost changes authorized in the adopted King County annual budget. b. Federal Way will pay a fee for revenue collection and disbursement services of one percent of the gross service charge revenue collected by the County from Federal Way property owners. The fee will be deducted by the King County Department of Finance from revenues collected. Technical Services a. For any technical services requested by Federal Way, King County will provide a written cost estimate to the city for the requested services. The City will be billed for actual costs for any requested services provided, including staff and any equipment costs necessary. 3. Trurd, the stipulations in agreement Section VI.B. are covered in other sections of the agreement; therefore, Section VI.B. is deleted ftom the agreement by this amendment. All other provisions of the existing agreement shall remain unchanged and in effect. King County City of Federal Way J Date Date .. , ~ 1)-& 9 0 ...).:i( do ) ,/ INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY This agreement is made and entered into by and between the City of Federal Way, hereinafter called "Federal Way", and King County, hereinafter called 3 "King County", to allow for the collection and disbursement of surface water management service charge revenue and for the provision, by King 4 5 County, of certain service water management related services to Federal Way WHEREAS, King County and Federal Way share interest in managing storm 6 7 and surface water runoff 'in order to protect property, lives and the 8 environment, and 9 WHEREAS, King County has provided surface water management services along with billing and collection services to Federal Way from the time of 10 11 incorporation as a city, and 12 I WHEREAS, Federal Way is now able to provide ârainage related 13 operations and maintenance services to City residents and property owners, 14 and 15 WHEREAS, Federal Way wishes to retain King County's billing and 16 collection services and to avail itself of needed technical support services which will be negotiated annually through both jurisdiction's 17 18 budget process, and WHEREAS, King County is able to continue providing certain technical 19 20 support services on an as-needed basis when those services have been negotiated in advance, and 21 22 WHEREAS, King County has a fully developed automated billing system 23 which can be used for other jurisdiction's billings when an interlocal agreement is negotiated between the parties, and 24 25 WHEREAS, pursuant to RCW 39.34, the parties are each authorized to 26 enter into an interlocal agreement: 27 NOW THEREFORE, it is agreed by the parties as follows: 28 I. The purpose of this agreement is: 29 A. To enable Federal Way to utilize King County's billing and collection services for the collection of a surface water 30 31 management service charge for the City. 32 ........ M24: 11-8 - 1 - 12/11/91 ORIGINAL 1 2 3 4 5 6 7 B. To establish a means whereby the County can act as the City's agent to collect the service charge for the City. C. To establish a mechanism for Federal Way to request that King County provide certain technical surface water management related services during the calendar year and to set forth the anticipated hours and budget for those services. B II. The responsibilities'of the parties are as follows: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 M24:11-8 A. Federal Way: 1. Federal Way has provided the legal authority for this agreement by enacting legislation which: a. created a surface water management program and establishes rates and charges for the management of storm and surface water in the city; b. authorizes the County to collect surface water service charges from City property owners; c. permits the County to act as the City's agent for service charge collection and providing specific drainage services; d. authorizes the City to reimburse the County for the costs of collecting the service charge revenue, for providing 2. requested specific drainage and administrative services. Federal Way shares the responsibility for providing the information required for timely, accurate billing of new surface water management accounts. a. Federal Way agrees to be responsible for providing to King County information on new commercial construction project applications which is available through the City's building and land development office. b. The information provided by Federal Way will include, but is not limited to, the following: . tax parcel account number; . total acreage; - 2 - 12/11/91 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1 , 2 3 4 5 6 7 8 9 10 11 13 M24:11-8 . impervious surface acreage; . location by drainage basin. 3. Federal Way will review billing system reports provided by King County and will notify King County immediately of known. irregularities, errors or omissions contained in reports, 4. Federal Way will be responsible for any liens and foreclosures resul t i ng from.' non-payment of surface water management service charges. 5. Federal Way will establish the general scope of work and estimated range of budget for technical surface water manage- ment services to be requested from the County during the ensu- ing calendar year. The estimated scope and budget will be attached to this agreement as Exhibit A, the Annual Scope of Technical Support Services Cost Summary, and will be updated annually to reflect technical services scheduled for delivery in the ensuing year. The approval process for annual updates to the work program will be through each jurisdiction's budget process as set forth in Section VI.B.2 of this agreement. 6. Federal Way wi 11 notify King County in writi n9 when the City wants the County to provide technical services as set forth in the attached Annual Scope of Technical Suppoit Services, B. including the schedule and estimated hours of service. King County 1. King County will update the Federal Way billing system on a quarterly basis as follows: a. Information provided by Federal Way on new commercial construction projects will be used to calculate rate classification and service charge amount for the property. b. King County will update the billing system by adding all new property tax accounts occurring in Federal Way' and will forward a report on the new accounts to-Federal Way. - 3 - 12/11/91 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 2. King County will collect and distribute service charge revenue received from owners of property within the City, using the 3. combined Property Tax and Drainage Billing Statement. King County will distribute revenue to Federal Way by the tenth day of the month immediately following the month in which the revenue is collected. 4. King County will provide the City with information about delinquent accounts and will notify property owners of the delinquent status of the account in September each year using the same schedule used to notify delinquent accounts in King 5. County. King County will provide Federal Way with monthly revenue reports and an annual report on delinquent commercial accounts. 6. King County will respond in writing to the City's request for technical support services. III. Financial Arrangements: Cost of Services: 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 M24: 11-8 A. 1. The cost of Technical Support services and of Billing and Collection Services covered under this agreement is set forth in Exhibits A and B attached to this agreement and incorpo- rated herein. a. Costs of services will be updated annually by the parties. The cost update will be attached to this agreement and will 2. serve to update the agreement when attached. Federal Way will pay King County for revenue collection and distribution as follows: a. a fee representing the cost of King County's Office of Financial Management revenue and collections services, plus the overhead on the services, up to a maximum of one percent of the gross service charge revenue collêcted by the County - 4 - 12/11/91 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 from Federal Way property owners will be paid to the Office of Financial Management. b. an annual per account Billing Services charge for basic act i vit i es related to billing, maintaining the database for residential properties, delinquencies, refunds, reports on revenue, collections, and other relevant billing and collection activities as agreed to by the parties. This charge is set forth in the Billing and Revenue Collection Services Cost Summary attached to this Exhibit B and incorporated herein. agreement as B. Bills and Payments 1. King County will prepare and present to Federal Way quarterly invoices showing the services provided and the cost of the services. 2. Federal Way will pay King County for services as shown in Exhibits A and B to this agreement. 3. Payment will be made within 45 days of receipt of itemized IV. Administration invoice. 20 21 22 23 24 25 26 27 28 29 30 31 32 M24:1l-8 A. The manager of the King County Surface Water Management Division and the manager of the Federal Way Surface Water \Management Division and his/her respective designees shall compose the admin- istration and management of the cooperative activities made possi- B, ble by this agreement. In the event-the Surface Water Managers are unable to reach agreement on any issue related to the services covered by this agreement, issues will be resolved by the Directors of the King County Department of Public Works and the Federal Way Department of Public Works. C. King County will retain control over and maintain all records, supervision, rights and benefits of personnel Rroviding service to Federal Way under this agreement. - 5 - 12/11/91 16 20 21 22 23 24 25 32 2 :3 D. The parties to this agreement will observe all public bidding procedures where applicable. 4 V. Effectiveness and Duration: 5 6 7 8 A. This agreement shall become effective when the existing agreement between the parties expires on December 31, 1991, and upon signature by all parties and will remain in effect until 9 VI. Amendments, Extension and Termination December 31, 1997. 10 11 12 13 14 15 17 18 19 26 27 28 29 30 31 M24: 11-8 A. This agreement may be amended, altered, clarified or extended only by written agreement of the parties hereto. B. The estimated costs and level of service as shown in Exhibits A and B are acknowledged by the parties as representing the best projections for services and costs available at the time of this agreement. 1. Changes in the annual service level or in the annual cost of services will be agreed to in writing by the parties before 2. being implemented. The estimated level of service and the estimated cost of the services will be calculated annually, agreed to by the parties, and attached to this agreement as an update. a, Annual updates to the level of service an~ the estimated cost are subject to approval through the budget process of c. each jurisdiction. This agreement may be terminated by either party upon provision of ninety days written notice to the other party. In the event of termination by the City, the City will be responsible for costs for service as set out in this agreement to the effective date of termination. - 6 - 12/11/91 ~ VII. Hold Harmless and Indemnification 2 King County shall indemnify and hold the City, its, agents, employees and officers harmless from and shall process and defend at its own expense 3 4 any and all claims, demands, suits, penalties, losses, damages, or costs of 5 6 any kind whatsoever (hereinafter "claims") brought against the City arising out of or incident to the execution of, performance of, or failure to per- 7 form this contract; provided, however, that if such claims are caused by or 8 result from the concurrent negligence of the County, its agents, employees and/or officers and the' City, its agents, employees and/or officers, this 9 10 section shall be valid and enforceable only to the extent of the negligence of the County, its agents, employees and/or officers; provided further that 11 12 nothing in this section shall require the County to indemnify, hold 13 harmless, or defend the City, its agents, employees and/or officers from any claims caused by or resulting from the sole negligence of the City, its 14 15 agents, employees or officers. Federal Way shall indemnify and hold the County, its agents, employees 16 17 and officer~ harmless from and shall process and defend at its own expense any and all claims, demands, suits, penalties, losses, damages or costs of 18 19 any kind whatsoever (hereinafter "claims") brought against the County aris- ing out of or incident to the execution of, performance of, or failure to 20 21 perform this contract; provided, however, that if such cltims are caused by or result from the concurrent negligence of the City, its agents, employees 2.2 23 and/or officers and the County, its agents, employees and/or officers, this section shall be valid and enforceable only to the extent of the negligence 24 25 of the City, its agents, employees and/or officers; and provided further that nothing in this section shall require the City to indemnify, hold 26 27 harmless, or defend the County, its agents, employees, and/or officers from 28 any claims caused by or resulting from the sole negligence of the County, 29 30 31 32 M24: 11-8 - 7 - 12/11/91 . 1 its agents, employees and/or officers. In the event the City or the County 2 is forced to incur attorney's fees, legal expenses, or other costs to enforce the provisions of this section, all such fees, expenses and costs 3 4 shall be recoverable from the other party. 5 6 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the 7 day and year first above mentioned. 8 '9 Approved as to form: KING COUNTY 10 11 fMI# ,ty Manager 12 i3 14 i5 FEDERAL Way 16 Ct ~)yì çwV\ I ~"Z- ?J-Oj Z. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 M24: 11-8 - 8 - 12/11/91 ~ EXHIBIT A 1992 TECHNICAL SUPPORT SERVICES COST SUMMARY Federal Way has requested King County provide up to $25,000 worth of professional staff support in the following surface water management program areas in 1992: Public Involvement Environmental Mitigation Regulation, Enforcement and Inspection/Technical Support King County proposes the following configuration of staff resources to support Federal Way program requests; the services are to be provided in 1992. PROGRAM: ESTIMATED COST Public Involvement: Program Analyst II, 80 hours Program Analyst I, 20 hours S 5,376 1,191 Total Estimated Public Involvement Support $ 6,567 Environmental Mitiqation: Senior Ecologist, 90 hours $ 6,269 Requlation. Enforcement. Inspection (REI) Technical SuPPort: Senior Engineer, 60 hours Engineer, 200 hours $ 4,388 $ 7,613 Total Estimated REI Support $12,001 TOTAL ESTIMATED COST OF 1992 SERVICES $24,837 M24:11-9.1 .;¡ , ;. EXHIBIT B 1992 BILLING AND REVENUE COLLECTION SERVICES COST SUMMARY 1. Billing Service Charge: The King County Billing Service Charge includes the King County staff time, supplies and overhead required to collect and disburse the service charge revenue from properties located in Federal Way. The rate assumes certain basic services will be included in the staff time allocation. The cost of providing the following services is included in the cost per account: - customer service; - data input; research on new and existing accounts as set forth in Section II.B.l of the ~ttached agreement; - processing of rate adjustments; - written responses, (i. e., 1 etters) ; - computer analyst time. 1992 Cost per Account: Estimated number of accounts - 19,117 $2.89 2. Finance Collection Fee (based on 1% of total revenue collected) Finance Collection fee assumes 51.08 million in 1992 revenue. 510;810 Note: The Office of Financial Management Collection Fee, which is now billed by King County to Federal Way, may be automated during 1992. If so, revenue payments to Federal Way will have the fee withheld before transmittal. M24:1l-9.2 f' , ," ".' "\ ." :t -j " '8 . /J. 6- 9ð ".d2.. -3 CŒ) EXTENSION OF THE INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND FEDERAL WAY FOR THE PROVISION OF SURFACE WATER MANAGEMENT SERVICES AND COLLECTION OF REVENUES This extension relates to that Interlocal Agreement, between King County and the City of Federal Way dated February 27, 1990, which was entered into for the purpose of providing surface water management services to the City and providing for the collection of surface water management service charges for the City by King County. All changes to the existing agreement are contained in this amendment; elements of the original agreement which are not addressed in this amendment remain as stated in that document. WHEREAS, King County and Federal Way entered into an Interlocal Agreement dated February 27, 1990, which is attached to this amendment as Exhibit A and is incorporated by reference herein; and WHEREAS, the parties by mutual written agreement extended the interlocal until June 30, 1991, to allow the continuation of services while developing a new agreement which extension is attached to this agreement as Exhibit B and incorporated by reference herein; and WHEREAS, both parties desire the agreement to remain effective through December 31, 1991, and WHEREAS, the parties have the authority to enter into and to amend agreements under RCW 39.34, the Interlocal Cooperation Act and pursuant to the original interlocal agreement; NOW, THEREFORE, the parties mutl}ally agree to the following amendments to the Interlocal Agreement: Effectiveness and Duration A. The terms of the herein referenced Interlocal shall remain effective through December 31, 1991. B. All terms of the existing Interlocal Agreement remain in full force and effect, except as modified herein. ~ C. This agreement is effective upon signature by both parties to the agreement. Approved As To Form: King C unty Prosecuting Attorney King County Executive ~~~¿.., ~ Federal W . - Man . er COpy .'. '.""',- '. .- .'.' . . # II I: I I U 1'76 C¡o '.;),3 J I I I I . Exhibit A '. AN INTERLOCAL AGREEMENT BETW ~N KING COUNTY AND THE CITY OF FEDERAL WAY FOR PROVISION OF SURFACE WATER MANAGEMENT SERVICES AND COLLECTION OF REVENUES This Agreement is made and entered into this day by and between the 2 City of Federal Way, hereinafter called "City," and King County, hereinafter :; called "County," 4 WHEREAS, resident$ of the unincorporated King County area known as 5 Federal Way have voted to become an incorporated city, and WHEREAS, King County has a Surface Water Management Program supported 6 7 by a service charge on developed properties in unincorporated King County, contained in King County Code Chapter 9.08, pursuant to State Law, and 8 9 WHEREAS, the City represents it has the authority to enter into this 10 contract and to establish a Surface Water Management Program and Service 11 Charge, and WHEREAS, the parties agree that continuation of comprehensive surface 12 water management services is beneficial to the residents and environment in 13 141 the incorporated area, and I 151,1 into an interlocal agreement with Federal Way to d~liver services or colleçt ~:I' revenue in the incorporated area after the effective date of Federal Way '8'- incorporation, and WHEREAS, the King County Surface Water Management Program must enter 19 WHEREAS, Federal Way and King County agree on the services to be provided through 1990, and the collection of revenue to support those 20 21 I ' services, and 22. WHEREAS, Federal Way may choose to extend the agreement for Surface 23': Water Management services through 1991, and 241 25 I WHEREAS, by entering into an agreement for continuation of existing services, ~ederal Way will have the opportunity to make long term decisions 26 about delivery of drainage services, and 27 WHEREAS, pursuant to RCW 39,34, the Interlocal Cooperation Act, the parties are each authorized to enter into an agreement for cooperative 28 II action; 29 30 31 32 I I I I I I I ,j II (F/AI:ILAS) I: CtJ,.f -1- 2/5/90 " ,. .' . I ( . 8 NOW THEREFORE, in exchange for the mutual promises made herein, the :. I. parties hereto agree as follows: The purpose of the agreement is: 2 4 5 6 7 8 9 10 11 12 II. 13 '4 15 16, 17 18 I I 19 III. 20 21 22, 23 24 25 26 27 28, 29 30 31 32 Ii I' ,I (F/AI:IlA5) I' Ii " A, To provide the residents of the City with the continuation of drainage related services and the revenue necessary to support the services, through the Surface Water Service B. Charge. To establish a means whereby the County can act as the City's agent, continuing to collect the service charge for the C, City, To define and establish the type of services which will be delivered in the City by the County. Authority to Act 1. The City shall enact the necessary legislation adopting King County's regulations for the collection of surface water service charges as identified in this agreement, This agreement shall take effect on the effective date of said legislation. The County's regulations and fee schedule are set out in King County Code. Chapter 9.08, Definitions A, "Surface Water Management Program" (SWM Program) i s the drainage-related service program designed to address both existing problems caused by surface water runoff and future problems in d~veloping areas. This tenm refers to the program adopted by the City in Ordinance qC-..j/ J 1ð.-3~,), B. "Service Charge" is the charge collected from property owners in the City. The service charge rates are as shown in Exhibit 4 to this Agreement, C. "Service Area" refers to areas where the County collects a seõvice chaõ;~ and ¿:1i~ar~ drainage-related ~ervices including incorporated areas where an agreement is in place and unincorporated areas of the western one-third of the County as described in King County Code, Chapter 9.08. - -2- 2/5/90 . - I' I: I' 2 ;:I 4 5 6 7 8 9 10 l' 12 13 14 ¡I 151 ' 16 II 1711 'i I, 18' I 19 IV, 20 I I, 21 , ¡ 22 Ii 2311 I. 24 :\ II 25 'I' 26 27 ¡I 28 !i ¡' .,9 I - 30 j 31 32 ,I I: Ii II '; (F/AI:ILt\5) , 8 8 D. "Services" means the activities provided to the residents and property owners of the City under this agreement. For purposes of this agreement, drainage ser~ices are categorized as either base or discretionary, See Exhibit I to this Agreement. 1. Base Services primarily focus on the continuation of existing projects or activities and are considered the highest priority drainage-related services by the parties to this agreement. 2. Discretionary Services are drainage-related services selected by the City to complement Base Services using the net amount of funding avaiiable to the City after payment for Base Services, Responsibilities of the Parties A. King County 1. In 1990, the County will deliver Base Services as described in Exhibit 1 to this agreement. 2, In 1990, the County may provide to Federal Way the Discretionary Services described in Exhibit 1 tô this agreement. Specific Discretionary Services will be 3. decided upon on or before July 30, 1990. The County will provide the City with information about 4. delinquent accounts, The County will, in consultation with the City, prepare additional agreements as necessary. addressing the cooperative management and construction of any capital improvement projects selected by the City as part of the Discretionary Services, 5, King County and Federal Way will enter into a separate agreement for the cooperative management of the Hylebos Basin Plan and to share the costs associated with the Plan, -3- 2/5/90 I' III I 8 .. , '. . , . 2 3 4 5 6 7 8 9 10 1 , 12 13 14 15 ¡ 16, I 171 18'1 19 20 I 21 )1 22 II 2311 24 II 25 i I 26 271 I 281 2J 3: ' 31 I 32 i i II II " II Ii (F/AI:ILA5) I' !: B. 8 Federal Way 1. The City will provide the legal authority for this agreement by passing legislation which will: a, adopt the County's existing rate structure as reflected in King County Code, Chapter 9,08, b. authorize the County to collect surface water service charges from City property owners, c. permit the County to act as the City's agent for service charge collection and providing drainage services, and d. allow the City to pay for the maintenance of road drainage systems with service charge revenues if so desi red, 2, The decision to take action on service charge accounts which become delinquent after the effective date of incorporation will be the responsibility of the of the City, The City will be responSible for any liens and foreclosures resulting from non-payment of surface water management service charge after the effective date of incorporation. 3. Federal Way will work with the County's Surface Water Management Division to establish the kind and level of Discretionary Services the County will undertake on behalf of the City. The parties agree the Discretionary Service package will be resolved and become part of this 4. agreement on or before July 30, 1990, The City will adopt such policies and procedures as are required for delivery of the specific and agreed upon Discretionary Services. -4~ 2/S/90 , , II I 8 v, 2 :.I 4 5 6 7 8 9 10 11 12 13 14 I 151 1611 1711 .1 I' 18 Ii , 191 I 20 I 'I 21 ii' 221 23 II 241 251 26 I 271 I 281 29 I I 30 31 32 I II Ii II II !~ (F/AI:ILA5) 8 Financial Arrangements A. Revenue Collection 1. The County will collect and distribute revenue received from properties within the City throu9h the combined 2, Property Tax and Drainage Billing Statements, The County will hold revenues collected for the City in a separate account and will disburse these revenues to 3. the City on a monthly basis, The City will pay the County a flat one percent (1%) of all revenue collected by the County for the City under the terms of this agreement. This charge will remain unchanged for the duration of this agreement and will be dtducted from the revenues collected on a monthly basis by the County and forwarded to the City, This charge is reflected in the cost of Base Services, Exhibit 2, attached to this agreement. B, Cost of Base Services 1. The cost for services shown in Exhibit 2 represents the estimated annual cost for 1990 for each service. The estimates account for the costs of direct services plus an administrative overhead charge. In 1991, the cost of services will be adjusted to reflect cost-of-living adjustments and any other economic adjustments adopted by King County in the 1991 Budget Process, 2. Differences between estimated expenditures for Base Services and actual expenditures will result in an adjustment to the funds available for Discretionary Services in the succeeding year. If, for example, in 1990, Base Services cost less than anticipated, the City will have more funds available for Discretionary Services in the following year. -5- 2/5/90 :! r 2 :1 4 5 6 7 8 9 10 11 12 13 14, I 15 !' II 1611 17 II 18 II 19 !I :~ II I 22¡ 2311 24 il 25 II 261 I' 27 !I 28 ;1 29 II I 30 , 31 I 321 II 1/ ¡: (F/AI:IlA5) ii VI. ;, 8 8 C. Cost of Discretionary Services 1. The estimated costs for Discretionary Services are shown in Exhibit 3 to this agreement, 2, In 1990, Discretionary Services will be negotiated between the parties based on the difference between the proposed allocation to Base Services as shown in Exhibit 2 and the revenue from the Service Charge. Funds remainin9 will be 3. used to pay for Discretionary Services, In 1991, the amount available for Discretionary Services will be the result of reconciling the actual cost of Base Services in 1990 with the estimated cost as presented in Exhibit 2. The cost of Discretionary Services in 1991 is subject to the same economic adjustments as Base Services; see Section V, B. 1" above, D, Bills and Payments 1. The County will prepare and present to the City quarterly invoices showing the services provided and the cost Of the services, The first invoice will cover the period from March 1, 1990 to June 30, 1990; thereafter invoices 2. will reflect three months of activity, The City will pay the County within 45 days after receipt Of the invoice. Administration A. The Manager of the King County Surface Water Management Division and the City's Director of Public Works or his/her respective designees, shall compose the administration and management of this joint cooperative program to continue drainage related services in the City, Provided that the City Manager will take the place of the City's Director of Public Works until the City fills this position, -6- 2/5/90 . i I I ¡ . ! ¡ I i ¡ I I I ¡ i I i I i I' ~, II . - , , '. 2 3 4 5 6 7 8 9 10 11 12 VI1. 13 14 I 15 ¡ I 16 ! I " II 18 ¡ "1 20 I I 21 ¡, 22 II 23 Ii ! 24 8 8 B. In the event the Division Manager and the Public Works Director are unable to reach agreement on any issue related to the provision of services under this agreement, issues will be resolved by the Director of the King County Department of Public Works and the City Manager of Federal Way, C. The County will retain control over and maintain all records, supervision. rights and benefits of personnel providing service to Federal Way under this agreement, D, The parties to this agreement will observe all public bidding procedures where applicable. Effectiveness and Duration A. This agreement shall become effective on March 1, 1990 and remain in effect until December 31, 1990. The City may extend this agreement until December 31, 1991 by submitting a written request to the County no less than ninety days before December 31, 1990, VIII. Amendments and Extension or Termination 25 26 27 28 ! 29 30 31 32 II !i ;: (F/AI:IlA5) ¡' A, This agreement may be amended, altered. clarified or Extended only by written agreement of the parties hereto. B, The estimated costs and level of services as shown in Exhibits 2 and 3 are accepted by the parties as representing the best projections for service and cost available at the time of this agreement, 1. Changes in services as shown in Exhibits 2 and 3 to this agreement will be agreed to in writing by the administrators of the cooperative program and the signators to this agreement will be informed, 2. If the County must make changes in the level of services and the corresponding costs of these services, other than those discussed in Section V" the changes will be reported to the City before adjusting the annual budget : ,. , -7- 2/5/90 '-' . " '. 13 141 151, I 161 171 I 18 ! 191 20 II 21 II 2211 I: 23 !I 24 II II 25 ì 261 27 !I 28 ill 29 30 31 32 I I! I: 11 I ,. 'Ii III !I 1 I 2 3 4 5 6 7 8 9 10 11 12 IX, (F'/AI:IlAS) 8 ~ 8 and new estimates will be negotiated between the 3. parties, If the City wishes changes in level oi,services under this agreement, it will inform the County in writing and the parties will agree as to the timing and accomplishment of said changes. C, This agreement may be terminated by either party upon provision of ninety days written notice to the other party, In the event of termination by the City, the City will be responsible for actual costs for services to the effective date of termination. L Provided that: should the City wish termination of revenue collection services, the City will notify the County in writing no less than ninety days before December 31, 1990 or 1991, to terminate revenue collec~ tion services for the following year. Hold Harmless and Indemnification A. In executing this agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in B. ì I ¡ I commenced, the City shall defend the same at its sale expense i and if judgment is entered or d~mages are awarded against the I City, the County, or both, the City shall satisfy the same, ¡ ¡ The County shall indemnify and hold harmless the City and its I whole or in part from the existence, validity, or effect of city ordinance, rules or regulations, In any such cause, claim, suit, action, or administrative proceeding is including all chargeable costs and attorney's fees, officers, agents, and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of -8- 2/5/90 '. , . . '- 151 161 17 18 i 19 I 20 I I 21 I' ,I nil 2311 241 I 25 26 271 28 ¡, 29 II ! 30 31 32 8 ~I :; 4 5 6 7 8 9 10 1 , 12 13 14 ~ I¡ 'I , ii I' (F/AI:IlAS) ¡, 8 the County, its officers, agents, and employees in performing services pursuant to this agreement, In the event that any suit based upon such a claim, action, loss, or damage is brought against the City or the City and the County, the County shall defend the same at its sole cost and expense; and if final judgment be rendered against the City and its officers, agents, and employees or jointly against the City and the County and their respective officers, agents, and employees, the County shall satisfy the same, C. The City shall indemnify and hold harmless the County and its officers, agents, and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, , costs, expenses, and damages of any nature whatsoever, WhiCh! i , I I I are caused by or result from a negligent act or omi~sion of the City, its officers, agents, and employees, In the event that any suit based upon such a claim, action, loss, or damage is brought against the County or the City and the County, the City shall defend the same at its sole cost and expense; and, if final Judgment be rendered against the -9- 2/5/90 : .".' ~'--. I' , . 8 '.. " . '. '.. 1 I County and its officers, agents, and employees, or jointly 2 against the County and the City and their respective officers, agents, and employees. the City shall satisfy the :. 4 same, 5 6 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above mentioned. 7 8 K~ COUNTY, ~ '~ King County Executive 9 10 11 12 13 I 14 I I 15, , I 15' i I 171 18 ¡ I ,J" 20 II 21 ¡: II 22 Ii 23 , , 241 251 26 27 I' 28 jl 291' FEDERAL WAY: '- -- -----'--, -, /~ "// ",' ,~..,/'", .. ,~/~-- /<: i~ /1 City ,,",anager ,/2/27/90- '- ~ 30 31 321. 'I II II Ii :1 Ii II !; (F/AI;IlA5) -10- 2/5/90 , . . , 8 8 EXHIBIT 1 DESCRIPTION OF CONTRACT SERVICES King County wi II collect the service charge revenues for Federal Way and use the revenue to finance two general categories of surface water services: base servIces and discretionary services, Revenues will first be allocated to base services, with remaining revenues allocated to discretionary services, Base services primarily focus on the continuation of existing projects or activities. rrom King County's perspective, base services are the highest priority to provide In Federal Way, Base services Include the following: f/AI:ILt.HXl 0 PlannIng: Completing the development of the Hylebos/Lower Puget Sound Basin Plan, 0 Maintenance: Continuing a program of routine and emergency maintenance for drainage facilit les within the City. Q Regulation: Providing technical expertise for existing lawsuits, claims for damage, and other regulatory actions, Q Financial Admlnlstrat Ion: Cont Inulng the billing of SWM service charges and collecting the revenues for the City, Q Public Involvement (Citizen Response): ProvIding technical expertise to respond to the public InQuiries or complaints about drainage Issues. After a portion of the revenues have been allocated to fund the base services, the City would have the opportunity of choosing from a wide variety of discretionary services. Examples of discretionary services Include: Q Planning: Assisting the City In developing a surface water utIlity program, using the Draft Hylebos/Lower Puget Sound Basin Plan as a basis for projecting program needs and services. Q Capital Improvements: Designing and constructing capital facilities based on urgent needs and as Identified In the Implementation section of the Draft Hylebos/Lowr Puget Sound Basin plan (anticipated In December 1990), Q MaIntenance: Providing maintenance to conveyance systems (e,9" pipes, ditches, catch basins) located within the road right-of-way, Q Reoulatlon: Enforcing City-adopted drainage regulations that fall outside of the land use and bulldln~ permit process, 0 PublIc Involvement: AdmInistering programs that use citizen volunteers or community groups to protect streams and water Quality (e,g" stream clean-up activities, stream slgnage projects, storm drain stenciling projects, and water Quality monitoring programs). ~ fr¡J! ~¡\, 1(,-;....11 "'I,: f£:ith l!)IH) till:H~,:.i to mi"' 1t1 smm ¡O.,H:t ..m;;~.~; IIS~-;;;~;;;;mm_m. '-- 1[\"[IrJ[ rsmm 00_00_00___."00 IlIi¡uli,lJ¡þll!r[i¡1 f'¡1II1 ~ I lo¡ ¡ SId, Hillr¡7I SmmVlt(5 nn_n...... , plm N. nHllrhl Illi. PI.. 2. ~tJm.AN:[ "Iol,rtl IlIil"liil fHililin nl",HI Co",ni,) fHi!ili!! "~'¡!lli! IlIit"li¡] fHi!ili,! nU""j, Rrli¡"li¡J fHililirl ntd.\¡i. Stm fHiliti'l n["'I"C1 I!IPOB! S.H.t¡l ), 1¡;UlAlJP~ nl"it¡~! l"ltilllC]¡i" I, funIC INYDlV¡I.W nl"juI' to,¡ ,jr.llllo~,irill 5, f¡NAN.I~l mmsmliGN ..p".TjI! 51$\" S,ltt --O!,oi" lillio, ..1 teJl!:lil' S.lIdi} __0000.""'_'00.00__--_-- mo 1111 __0000_---- _....n..., .,......----..-.-............................__n....._......u...._00- lI1,DOO m,ooo 12,000 !II,OOO IH,OOO 11,000 8 IGUl NDt(SHSSWI D~S I,HO,OOO II,IDO 1((...11 1m; 1I,2H H[O"\I I"', 21\,000 hl"" 213 lilll Irmfrr 10 till, 21,000 hi'" Sill, (D,li.." to "T II! for rill lorfHII, !!I ,000 I, I 21,000 ........... ._.-....... ........... 2,021,000 1 II , 000 2\,000 22,000 1\,000 17,000 I! ,O~O HI,IOI 122,000 o ),000 I,m ¡¡ ,000 17,,00 )O!,OOO 21\ I 000 1,000 11,000 I! ,000 12,000 2C,O;o -- LS,OOO )1,000 200,000 1.../ 0' i'p",ion urlm; I)¡ of 'H ¡ 'f! mil, 7),000 ¡S,OOO 11,000 Amlll (hrtlrl TtHln moors IHilil;u; ml-III IHili!iu, JJl,OO! Ilm!1 ¡hulrl ¡!lrln mo.no fHililiu; m¡.m jHililíll, 115,000 !!!H\ f¡¡ilili'l; !!! -!]( I¡¡ilili'l. 122,000 lor-iiI! ml for 2\ !,,¡¡Bin, 7,00012 IHilili" io 1m at IHI, 1\,000 t!ItHI So ""I!nt7 "i,lrun! "dl. m,ooo 5,000 !,OOO ['Ii"rri., ItppHI lOt r:pHI ,il!UI 1!lIi'o'7, Jr,OOO 31,000 ¡lIrl on ~il\ori[l If-Ill .f «livilT, J~,ooO &...Iiu II! Ilil om he 7'HI; hllll] "IT 0171 ¡bo,¡ m d \lli1. ¡¡¡,OOO 11,500 ¡¡roooll II!I; 11,271 ,,¡c.!11 lH1; ¡lID i!:lulu f~ rm... ro])uli.. II! ¡r lh íi"H/ OWl!. 1 51,000 TGlkl 11>[ mnm m,ooo 3SI,or.o !l!,OOO m¡~'U¡s AVl.Hm¡ fOE mtR:1IDWm 5:mm JJ1,ooo m,m 1,102,000 uuun ",,"u """" ¡¡",.Al mUm¡ÐIiS uu_nuuunu" - h"!!1 "v!Onl ,,/ (oils lor 11 tOOlh ¡. Ino ,,/ 12 'O,nl i. mi- - No i,I)llio"'7 (nI\l1I1 i.(hlrl i. !!Ii,lltl. ", . ". '... . 8 llUcMmt I ICO~¡IIIU[I): m[tAl HI smm COW1UC! TOUt mfIDl lAm PlA~ COSTS '-_'."00"""""""'.'00____00__""".' """"00 1[1,,1 C'III Frojltltl C'III Fnjltl,/ Coils ¡,1m) 'oy Sfom 11 m "00""""..""_0000"00"- 1188 liB! 1m !GUl 1m _00"""" ........... _.-........ ........... ........... 11)(,771 I! ,~H ~Ii ~Ii 1181,311 ~/I 110,10 13I1,m 113,611 100,10 '0000000000 _0000000000 00."000000 .""hnn 0000....... 10\,11 Im,m 1311,1~1 IIJ,fII 1111,"3 I¡¡I,HI """"", ",""',,' """'n" ,..""U.. """"", ¡[ [U[ IAn LOIT mH 0000.00.000000000000..00 mo !fI! TDlil nnnonu _000""'00 000000000_' 11£3,113 m,~\1 Oj7,m ¡ m 1m ¡ 01 00000000000 _0000_000" h-nnnn w,m 33,m J!!,!O\ m¡:RAl mU!n)DW\ I HIO mllllltlPl H 'O,\hl ¡sm,ID! cf lold IHe mtl) COIl ,I 13¡¡, ~£. .."""", """",n '"n..".. -.................. . f,llId Ily ,,)y IIY¡ fit Itm cf Itojrcltl PI.. mil ¡. !fIO ..1 !fI1. . [rim! liy /Iyl m 0111H lOe !!!I mil ~lI!e o. \hI fErmlll' of h¡lIrim mlitP rill.i. Ih! Ry!rlDI ,niL . " 8 ',,- ,',' " . - """,."",",.. 8 8 EXHIBIT 3 Prill I. II II-JII"IO (fil/: nIHil lImO) AIIICH~[Nr I: [[ [RAl VAT S[Rvm CDHTRACT ...,.,......._.n nn. .__..n.....n".'" IISCR£IIDNUI S£RVmS n...n""""'.,"" 1110 TOTAL NDHS/Assu~mDNS 1m IIStlEtJDNART mvms .nn.','" ....hh... -.......... ......-........u....uu.uu....-..................n_u.unnu_u. uuunn_n'n".'" I. PLANWIN¡ -'Irliu" Slujill --Ulili!J Prol'" 1...10,...1 "Slllil ~I,il' Sibtol¡l 2, ~AJmNm[ -'!A ROid CO"'JIn¡1 S7II'1I --W,ll, h¡]ilJ [¡[iJiti'l "[m!'OtJ S,i ] Clm Up Suilolll 3. R[6UlAI!DW "Woo-pmil [,far¡rml A¡li"l (, polm INvOlmm ..tDlmily ¡¡lion Imh, slrua ¡¡'IO'VP ¡¡Iivilill, Ind r,hl,d va1a~I!lr prolrllS 5, fINANCIAL mlNlSiRAI!DN n¡'çi~mÍÐI Suprarl For Her A¡Co"IS 4, mITAl ImDmmS ..~¡jDr tlpilll 'rojlCh "SIIIII Rnlgr¡lioo ProjlCh "Sull-SCI!! IrliuI' ProjlCh SvHa~1l U,OOO 20,000 31,000 AIIIIII ¡ 10111 of fiVl Ilrdin, DO,OOO ° 130,000 Imd on m,mil, tOIl for til, of !rbi ¡, 3,000 3,000 1,011 ~"ilor ftd lIinliin 2 111'1, I(! ,000 23,000 111,000 2!1,DOO m,ooo 56\,000 hhr to 101, vni.. '~tn..¡ ASIOI,lionl' brlOl, 1,1!I,Ul II, of ~J~I" (pip' , ¡il¡i) , 5,462 cllciillin lIinllin,d in ." , ., !I,OOO (,000 11,000 Cil"l [011 of "diml d;lpOII] Hd r/1.. lrul,,"\. 1,000 i,OOO 16,000 hulII 20 mpoom p" J!II (lIthdi,! ,q,i,ml), 3il ,000 30\,000 m,ooo 21,000 IS,OOO (\,000 1m' 01 Iislori¡lllI,.icl lr.,II, 13,000 21,000 Imd on tOIl of !li~lin, ¡rOlW. 11,000 \,ODD 1,000 ',ODD Tp¡hd¡¡ ICHorl f~r Wp/I\it , lijHti,1o Iddin! [lVm! mo¡tls. 3,IØl,ooO 2,722,000 l,m,ODD 11 projp¡1I il FRml Vir. 217 ,GOO 217,000 (¡(,OOO AlOonl rlllmd for ~Irm rnlmlion, 20,000 20,DDD (O,ODD Aloul rlllmd for \U ]-mlr ,rojp¡h, 3,m,OOO Z,m,DDD ',!02,DDD 3,325,000 7,7\1,000 TOlAL mm1l0NAU S£RvmS <,(11,000 -.-_nu ,,:"Ut 6iIl'.RAl mumaws nn.nhnnnn" - hsull rfYI'US ¡od (DIll for 10 mlh~ i~ IHO IÞd 12 lulh i~ 1111, 1m \h! !II'plio. of 1n'~OI Cnnvrrm! SJllm lOlls Ihi¡b HI luul (DIll for ion 1110 a¡ 1111. - No i,fl¡Uor'irJ 10111 H' inn.dld i. nUutn, - h, uj,hu't! of In-Rood CO.vrJlnt' SJlhn il I ¡o,ponut of n! ' ¡~i¡ Stryi!!I' ¡'Inii,d io Ii, "Ii~ tivilill propoill for IOnlr¡¡1 l!lyietS i. Fldm) Vir- Thr moll tOIl~ irl Hlhd lion 10 hi,hJi,bt thl tilT'1 opportuity to ¡Ir for !bill lij.t,uncr eDlII Ili~, u"nun fru Ib, IVlfll! 'Ihr ~tr.icr ¡hrl" ", ,,:~ ~ . . KING COUNTY SURFACE WATER MANAGEMENT 8 SERVICES CHARGES There are two types of service charges -- the flat rate and H,e sliding rate: - The flat rate service charge of $29.89 II year applies to single-family homes and parc~w~less than 10% Impervious surface, - The sliding ~ service chllrge applies to all other propert les In the service area, The slIding rllte Is calculated by measuring the amount of Impervious surfllce on each pllrcel, and multiplying the appropriate rate by the total parcel acreage, Severlll special rate categories will automatically be assigned to those who qualify: - An exemption for any home owned and occupied by a low-Income ~ citizen, - A discount for any parcel served by a County-approved retention/detention (R/D) facility maIntained by the owner, - A discount for any parcel (or part of a parcel) officially designated as ~ ~. RATE TABLE I Rate Category tl1-Fiesldentlal: I Single-Family I ! tl2-Very Light ¡ Itl3-L/ght I I tl4-Moderate I I tl5-Moderc:tely Heavy I .6-Heavy I I I .i-Very Hec:vy I I Percent Imperv I.ous Surface I ¡ I N/A more than 0%, less than 10% I I I I I I I I I Annual Service Charpe I ¡ I S 29.89 (regardless of size)* i I Home I I I I I I I I i I I I I t S 29.89 (regardless of size) 10% up to 20% S 60.83/acre*. more than 20%, up to 45% S126,01/acre** more than 45%, up to 65% S243.33/acre** more than 65%, up to 85% S30B,51/acreu more than 85%, up to 100% S404,;C/acre** . The maximum annua1 Hrvlce c~,ar(le for mo~l1e home parks sha11 be 529,89 t¡",os the num~e. of m:~i1e home spaces. (Po. King County Ordinance 8526, adopted 8/22/8$.) !n addition to the'charge per acre, there Is a1$o a pro=eHing charge cf £3.62 per service c~.arge bi11. RATE AOJUSTMENTS Any pen.on receiving a bill may file a request for a service chuge rate adjustment with the Surface W~ter Management DivIsion within three years of the bi I J ing Ollte, (Filing a re:::¡uest will not extend the payment period, however.) You should file a request if: - the property acreage Is Incorrect, - the measured Impervious surface Is Incorrect'. - the property Is charged a sliding fee when it should be a flat fee. - the per,on or property qualifies for an exemption or discount, - the property Is wholly or In put outside the service area, TO obtain a Request for a Rate Adjustment form, please CIIII 296-6519, (r¡~:1-1) '~--, ... ~,.; . . \ . . .. . Exhibit B 8 . AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND FEDERAL WAY FOR THE PROVISION OF SURFACE WATER MANAGEMENT SERVICES AND COLLECTION OF REVENUES This amendment extends the duration of an interlocal agreement, between King County and the city of Federal Way, which was entered into by both parties for the purpose of providing surface water management services to the city and providing for the ~ollection of surface water management service charges for the city by King County, All changes to the existing agreement are contained in this amendment; elements of the original agreement which are not àddressed in this amendment remain as stated in that document. WHEREAS, King County and Federal Way entered into an interlocal agreement in February 1990, which is attached to this amendment as Exhibit A and is incorporated by reference herein; and WHEREAS, the parties extended the agreement until March 31, 1991, which amendment is attached to this agreement as Exhibit Band incorporated by reference herein, to allow for the continuation of services while developing a new agreement; and WHEREAS, both parties want the agreement to continue until June 30, 1991. WHEREAS, the parties have the authority to enter into and to amend agreements under RCW 39.34,. the Interlocal Cooperation Act; NOW, THEREFORE, the parties mutually agree to the following amendments to the interlocal agreement: Effectiveness and Duration A. This amendment shall become effective April 1, 1991 and remain in effect until June 30, 1991. B. This agreement shall become effective upon signature by all parties to tþe agreement. t- . ~'J - ~ . 8 /Ja 9a-~3Ç{) AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND FEDERAL WAY FOR THE PROVISION OF SURFACE WATER MANAGEMENT SERVICES AND COLLECTION OF REVENUES This amendment extends the duration of an inter local agreement, between King County and the city of Federal Way, which was entered into by both parties for the purpose of providing surface water management services to the city and providing for the éollection of surface water management service charges for the City by King County. All changes to the existing agreement are contained in this amendment; elements of the original agreement which are not addressed in this amendment remain as stated in that document. WHEREAS, King County and Federal Way entered into an interlocal agreement in February 1990, which is attached to this amendment as Exhibit A and is incorporated by reference herein; and WHEREAS, the parties extended the agreement until March 31, 1991, which amendment is attached to this agreement as Exhibit Band incorporated by reference herein, to allow for the continuation of services while developing a new agreement; and ' WHEREAS, both parties want the agreement to continue until June 30, 1991. WHEREAS, the parties have the ~uthority to enter into and to amend agreements under RCW 39.34, the Interlocal Cooperation Act; NOW, THEREFORE, the parties mutually agree to the following amendments to the interlocal agreement: Effectiveness and Duration A. This amendment shall become effective April 1, 1991 and remain in effect until June 30, 1991. B. This agreement shall become effective upon signature by all parties to the agreement. APprovedr~:~ King C ty Depu~ secuting Attorney r-- \ COpy --- " -;' ~': . -.t ... (- ~¥J NG CO~r';T Y 1" SURF~~E'W~TER MAN~GEMENT ( t. SERVICES CH~RGES Tl1ere are two types of service charges -- the flilt rate and tl1e sliding rate: - The .!...!.!...!. rate service cl1arge of $29.89 a year applies to slngle-filml!y homes and parcels with less than 10% Impervious surfilce. - The slldlnp ~ service charge applies to all other properties In the service area. The sliding rate Is calculated by measuring the amount of Impervious surface on each parcel, and mult Iplylng the appropriate rate by the total parcel acreage. Several special rate categories will /lutomatlcally be assigned to those WhO Qualify: - An exemption for any ho~e owned and oCcupied by a low-Income ~ citizen. - A discount for any parcel served by a County-approved retention/detent Ion (R/D) hcliity maintained by the owner. - A discount for any parcel (or part of a parcel) officially designated as ~ ~. RATE TABLE I Rate Catepory I ,;1-Resldent lal: I Single-Family i I ,;2-Yery Light I ! ,,3-L Ight I ¡ ..'::-Mo,derate I ¡ ..$-MOd~rately Heavy I I : ..e.-Heevy I ¡ ..i-Very He;:vy : Horne t I ¡ I I I I I I I I I I I , I Percent Imperv I.ous surface I i I t more than 0':, less than 10'; I " Annual Service CI1i1rp~ N/A I , I I $ 29.89 (regardless of size)'" I 5 29.89 (regardless of size) 1œ: up to 20% S 60.83/a¡:re"'" more than 20~, UP to '::5% S126.01/acre"'" more than 45~, UP to 65% 52"::3.33/ilcre"* more than 65%, up to 85% 5308.51/acre"'* more than 85%, ~p to '00% $"::0"::.10/acre""" The ",axi",",,- annua1 ~e,yice cMrge foe mot>\1e h~me parl:s shali be $25.89 times the nu¡¡-,:,er of "'~t>i1e h:¡me spaces, (re, King Coun~'y OrdInance 8525, ac~;;ted 8/22/85.) In ac!:::ltlon to the c~arge per acre, there is also a pro~e~sjng croarge of $~.82 per se,yice charge b\11. RATE ÀDJUST~ENTS A:;y perse:; receiving a bill may file a request for a service charge rate adjustment with the Surface Water Management Division within three years of the bi II ing date. (Filing a reouest will not e~tend the payment period, however.) You should file a request If: - .he propeny acreage Is incorrect. - the ¡¡¡easured ¡¡¡¡perVious surf¡;.ce is Incorrect'. - tl1e property Is chargee a slicing fee when i, shoule be ¡;. fl;:, fee. - th~ person or property au¡;.llfles for an e~emDtio'" or discount. - the property Is whOlly or in pan outside the service area. 10 cbtain a Request for a Rate Adjustment forffi, please call 296-5519. u/~:,-1) v . , " 4ItNDMENT TO THE INTERLOCAL AGRE~T BETWEEN KING COUNTY AND FEDERAL WAY FOR THE PROVISION OF SURFACE WATER MANAGEMENT SERVICES AND COLLECTION OF REVENUES /J~ ?O ~d(J @) , .. , . This amendment extends the duration of an interlocal agreement between King County and the City of Federal Way which was entered into by both parties for the purpose of providing surface water management services to the City and pro- viding for the collection of surface water management service charges for the City by King County. All changes to the existing agreement are contained in this amendment; elements of the original agreement which are not addressed in this amendment remain as stated in that document. WHEREAS, King County and Federal Way entered into an interlocal agreement in February 1990 which is attached to this amendment as Exhibit A and is incorporated by reference herein; and WHEREAS, both parties want the agreement to continue until Federal Way and King County can determine what level of base and discretionary services will be del i vered by Ki ng County and what servi ceswi 11 be provi ded by Federal Way; and WHEREAS, the parties have the authority to enter into and to amend agreements under RCW 39.34, the InterlocalCooperation Act; NOW, THEREFORE, the parties mutually agree to the following amendments to the interlocal agreement: Effectiveness and Duration A. This amendment shall become effective on January I, 1991 and remain in effect until March 31, 1991. B. This amendment shall become effective upon signature by all parties to the agreement. Approved As To Form: 8~~ King County Exec ive ay C1 ty ¡. /k7J.J ð ORIGINAL (010:1227.2) /' . 8 . ., , " . , . .. King County Surface \Vater Management Dh'ision Department of Public Works 730 Dexter Horton Building 710 Second Avenue Seattk Washington ,¡8104 (206) 296-6.'>85 December 27, 1990 Mr. Brent McFall, City Manager City of Federal Way Post Office Box 8057 Federal Way, WA 98003 RE: Extension of Service Agreement Dear Mr. McFall: In February 1990, King County and Federal Way entered into an interlocal agreement providing for collection of the City's drainage service charge and for surface water management services through December 31, 1990. Under the terms of the agreement, extension of the time period must be agreed to in writing by both parties. The enclosed amendment, when signed by the authorized representative of each government, will serve to extend the agreement to March 31, 1991. The three-month extension has been requested by Federal Way staff. The extension will allow the City adequate time to decide on specific services and service levels for the remainder of 1991. Surface Water Management Division staff will schedule periodic meetings with Federal Way staff during the first quarter of 1991 to discuss a revised contract services agreement that will provide for revenue collection and selected services beyond March 31, 1991. Thank you for your attention to this issue. If you have any questions, please call me on 296-6585 or Ken Guy, Surface Water Management Division Assistant Manager, on 296-6587. Sincerely, I~ -JL ¡for J im Kra:e~ Manager JK:KG:dc(O10:1227.1) Enclosure cc: Ken Nyberg, Assistant City Manager, City of Federal Way James Sha,nks, Department of Public Works Director, City of Federal Way. Cynthia Stewart, King County Council Staffmember Judy Chapman, Analyst, Budget Office Martin Chaw, Analyst, Budget Office Paul Tanaka, Director, Department of Public Works ATTN: Ann Kawasaki, Deputy Director Ken Guy, Assistant Manager, Surface Water Management Division ATTN: Debbie Nagasawa, Manager, Finance and Billing Section Susan Thomas, Intergovernmental Relations Coordinator , . , . ; . -". ,': II I I EXH IB IT A 8 8 AN INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY Of FEDERAL WAY FOR PROVISION OF SURFACE WATER MANAGEMENT SERVICES AND COLLECTION OF REVENUES 1 ~ This Agreement is made and entered into this day by and between the 21 City of federal Way, hereinafter called "City," and King County, hereinafter :>0 called "County." .4 WHEREAS, residents of the unincorporated King County area known as 5 Federal Way have voted to become an incorporated city, and 6 WHEREAS, King County has a Surface Water Management Program supported 7 by a service charge on developed properties in unincorporated King County, contain~d in King County Code Chapter 9.08, pursuant to State Law, and 8 9 WHEREAS, the City represents it has the authority to enter into this 10 contract and to establish a Surface Water Management Program and Service 11 Charge, and 12 WHEREAS, the parties agree that continuation of comprehensive surface 13 water management services is beneficial to the residents and environment in --,--j / 14 I 15 ::1 18 I the incorporated area, and WHEREAS, the King County Surface Water Management Program must enter into an interlocal agreement with Federal Way to deliver services Or collect revenue in the incorporated area after the,effective date of federal Way incorporation, and 19 WHEREAS, Federal Way and King County agree on the services to be 20 provided through 1990, and the collertion of revenue to support those .) services, and :~ 1/ 231/ Water t~anagement services through 1991, and 2411 WHEREAS, by entering into an agreement for continuation of existing I services, Federal Way will have the opportunity to make long term decisions 25 I about delivery of drainage services, and 26 WHEREAS, Federal Way may choose to extend the agreement for Surface 27 WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, the parties are each authorized to enter into an a9reement for cooperative 28. I action" 29., ' I 3D 31 32 I I, II Ii ,I " ii !' (F/A!:ILA5) -1- 2/5/90 . 8 . , .' . 2 NOW THEREFORE, in exchange for the mutual prom1ses made herein, the 3 4 5 6 7 8 9 (F/AI:ILA5) 1. II. I I J. parties hereto agree as follows: The purpose of the agreement is: A. To provide the residents of the City with the continuation 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 of drainage related services and the revenue necessary to support the services, through the Surface Water Service Charge. B. To establish a means whereby the County can act as the City's agent, continuing to collect the service charge for the C. City. To define and establish the type of services which will be delivered in the City by the County. Authority to Act 1. The City shall enact the necessary legislation adopting King County's regulations for the collection of surface water service charges as identified in this agreement. This agreement shall take effect on the effective date of said legislation. ." The County's"regulations and fee schedule are set out in King County Code, Cha~ter g.os. Definitions A. "Surface Water Management Program" (SVIM Program) is the drainage-related service program designed to address both existing problems caused by surface water runoff and future problems in developing areas. This term refers to the V', - ::j" ,,;)/'-. ""-/ program adopted by the City in Ordinance r"' v J.'- ::"'i . B. "Service Charge" is the charge collected from property owners in the City. The service charge rates are as shown in Exhibit 4 to this Agreement. C. "Service Area" refers to areas where the County collects a serv1ce charge and de11vers drainage-related services including incorporated areas where an agreement is in place and unincorporated areas of the western one-third of the County as described in King County Code, Chapter 9.0B. -2- 2/5/90 , 'I . . 1. 21 31 ¿ 5 6 7 8 9 10 11 12 13 I 1'; II 15 ! ¡ " 16 ! ¡ 17 II II 18 I! 191' ! ,I 20 II II " 21 ! I I 22 I ; 2J ,:,1 ! 2~ i 251 261 27 ! 28 ;, I' 20 :1 - I' 30 I: 3111 32 il I! Ii )! i: i: " I"~ .1 Ii ! . I IV. (F/AI;JLA5) 8 . D. "Services" means the activities provided to the residents and property owners of the City under this agreement. I ( For purposes of this agreement, drainage services are categorized as either base or discretionary. See Exhibit I to this Agreement. 1. Base Services primarily focus on the continuation of existing projects or activities and are considered the highest priority drainage-related services by the parties to this agreement. 2. Discretionary Services are drainage-related services selected by the City to complement Base Serv~ces using the net amount of funding available to the City after payment for Base Services. Responsibilities of the Parties A. King County 1. In 1990, the County will deliver Base Services as described in Exhibit 1 to this agreement. 2. '0 ., In 1990, the County may provide to Federal Way the Discretionary Services described in Exhibit I to this agreement. Specific Discretionary Services will be decided upon on or before July 30, 1990. 3. The County will provide the City with infonnation about delinquent accounts. <:. The County will, in consultation with the City, prepare additional agreements as necessary, addressing the cooperative management and construction of any capital improvement projects selected by the City as part of the Discretionary Services. 5. King County and Federal Way will enter into a separate agreement for the cooperative management of the Hylebos Basin Plan and to share the costs associated with the Plan. -3- 2/5/90 :i 1 " 21 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2E 27 28 29 ' 30 31 32 (F/A1:ILA5) B. 8 8 . . .-' , Federal Way 1. The City wíll provide the legal authority for this agreement by passing legislation which will: a. adopt the County's existing rate structure as reflected in Kin9 County Code, Chapter 9.0E, b. authorize the County to collect surface water service charges from City property owners, c. permit the County to act as the City's agent for service charge collection and providing drainage services, and d, allow the City to pay for the maintenance of road drainage systems with service charge revenues if so desired. 2. The decision to take action on service charge accounts which become delinquent after the effective date of incorporation will be the responsibility of the of the City. The City will be responsible for any liens and ;; foreclosures resulting from non-payment of surfaCE water management service charge after the effective date of incorporation. 3. Federal Way will work with the County's Surface Water Management Division to establish the kind and level of Discretionary Services the County will undertake on behalf of the City. The parties agree the Discretionary Service package will be resolved and become part of this agreement on or before July 30, 1990, ~ . The City will adopt such policies and procedures as are required for delivery of the specific and agreed upon Discretionary Services. -4- 2/5/90 , . ; , , . 1/ 2 3 4 5 6 7 8 9 10 11 12 13 14/ 15 I 16 17 18 19 20 21 22: 23 : 24 25 26 27 28 ; 29 ' 30 31 32 ! (F/Al:JLP.5) ! " v. 8 . Financial Arrangements A. Revenue Collection 1. The County will collect and distribute revenue received from properties within the City through the combined Property Tax and Drainage Billing Statements. / //' ,/ 2. The County will hold revenues collected for the City in ,/-,///' , a separate account and will disburse these revenues to the City on a monthly basis. 3. The City will pay the County a flat one percent (1%) of all revenue collected by the County for the City under the terms of this agreement. This charge will remain unchanged for the duration of this agreement and will be deducted from the revenues collected on a monthly basis by the County and forwarded to the City. This charge is reflected in ~he cost of Base Services, Exhibit 2, attached to this agreement. B. ., ", Cost of Base Services 1. The cost for services shown in Exhibit 2 represents the estimated annual cost for 1990 for each service. The estimates account for the costs of direct services plus an administrative overhead charge. In 1991, the cost of services will be adjusted to reflect cost-of-living adjustments and any other economic adjustments adopted by King County in the 1991 Budget Process. 2. Differences between estimated expenditures for Base Servi ces and actual expenditures wi 11 result in an adjustment to the funds available for Discretionary Services in the succeeding year. If, for example, in 1990, Base Services cost less than anticipated, the City will have more funds available for Discretionary Services in the following year. -5- 2/5/90 2 :.< 4 5 6 7 8 9 10 11 12 13 14 15 I 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (F/Al;ILA5) VI. e . . , C. Cost of Discretionary Services 1. The estimated costs for Discretionary Services are shown in Exhibit 3 to this agreement. 2. In 1990, Discretionary Services wi11 be negotiated between the parties based on the difference between the proposed a11ocation to Base Services as shown in Exhibit 2 and the revenue from the Service Charge. Funds remaining wi11 be used to pay for Discretionary Services. 3. In 1991, the amount available for Discretionary Services wi11 be the resu1t of reconciling the actua1 cost of Base Services in 1990 with the estimated cost as presented in Exhibit 2. The cost of Discretionary Services in 1991 is subject to the same economic adjustments as Base Services; see Section V, B. 1., above. D. Bills and Payments 1. The County wi11 prepare and present to the City quarterly invoices showing the se\vices provided and the cost of the services. The first invoice will cover the period from March 1, 1990 to June 3D, 1990; thereafter invoices \'1~11 reflect three months of activity. 2. The City will pay the County within ~5 days after receipt of the invoice, Administration A. The Manager of the King County Surface ~ater Management Division and the City's Director of Public Works or his/her respective designees, shall compose the administration and management of this joint cooperative program to continue drainage related services in the City. Provided that the City Manager will take the place Of the City's Director of Public Works until the City fills this position. -6- 2/5/90 ;> 3 4 5 6 7 8 9 10 11 12 13 14 I 15 II 161 17 18 19 20 21 I 22 ! 23 ¡ I 241 25 26 27 281 I 29 I 30 31 32 ji II :, I 'i. VI!. . 8 B. In the event the Division Manager and the Public Works Director are unable to reach agreement on any issue related to the provision of services under this agreement, issues will be resolved by the Director of the King County Department of Public Works and the City Manager of Federal C. Way. The County will retain control over and maintain all records, supervision, rights and benefits of personnel providing service to Federal Way under this agreement. D. The parties to this agreement will observe all public bidding procedures where applicable. Effectiveness and Duration A. This agreement shall become effective on March 1. 1990 and remain in effect until December 31, 1990. The City may extend this agreement until December 31. 1991 by submitting a written request to the County no less than ninety days before December 31, 1990. .. .', VIII. Amendments and Extension or Tennination (F/AJ:ILA5) A. This agreement may be amended, altered. clarified or extended only by written agreement of the parties hereto. B. The estimated costs and level of services as shown in Exhibits 2 and 3 are accepted by the parties as representing the best projections for service and cost available at the time Of this agreement. 1. Changes in services as shown in Exhibits 2 and 3 to this agreement will be agreed to in writing by the administrators of the cooperative program and the 2. signators to this agreement will be infonned. If the County must make changes in the level of services and the corresponding costs of these services, other than those discussed in Section V.. the changes will be reported to the City before adjusting the annual budget -7- 2/5/90 HI¡ 151 16 ¡ 17\ I :;I¡ 20 I! 'I 2111 221! 23 II 2411 ~-I :: I) 2711 2811 29 III I 30 I 31 I 32 I I I ; I ¡ I I' ,! " ,. , " 2 ;:\ 4 5 6 7 8 9 10 11 12 13 (F/AI:JLA5) IX. 8 . and new estimates will be negotiated between the parties. 3. If the City wishes changes in level of_services under this agreement, it will inform the County in writing and the parties will agree as to the timing and accomplishment of said changes. c. This agreement may be terminated by either party upon provision of ninety days written notice to the other party. In the event of termination by the City, the City will be responsible for actual costs for services to the effective date of termination. 1. Provided that: should the City wish termination of revenue collection services, the City will notify the County in writing no less than ninety days before Oecem~er 31, 1990 or 1991, to terminate revenue collec- tion services for the following year. Hold HarmlesS and Indemnifica'iion A. In executing thi: agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence. validity, or effect of city ordinance, rules or regulations. In any such cause, claim, suit, action, or administrative proceeding is commenced, the City shall defend the same at its sole expense and if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and attorney's fees. B. The County shall indemnify and hold harmless the City and its officers, agents, and employees, or any Of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever. which are caused by or result from a negligent act or omission of -8- 2/5/90 ¡ J . . -, . ' 1': I ;: II 18/11 1; I ,: II 21 II 22 !I 23 II 2411 251 26 30 31 32 ;, 3 4 5 6 7 8 9 10 11 12 13 27 28 I I 29 ! (F/AI:ILA5) . 8 the County, its officers, agents, and employees in performing services pursuant to this agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City or the City and the County. the County shall defend the same at its sole cost and expense; and if final judgment be rendered against the City and its officers, agents, and employees or jointly against the City and the County and their respective officers, agents, and employees, the County shall satisfy the same. C. The City shall indemnify and hold harmless the County and its officers, agents, and employees, or any of them, from and against any and all claims, actions, suits. liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from a negligent act or omi~sion of the City, its officers, agents, and employees. In the event that any suft based upon such a claim, action, loss, or damage is brought against the County or the City and the County, the City shall defend the same at its sole cost and expense; and, if final judgment be rendered against the -9- 2/5/90 : . . 1 , County and its officers, agents, and employees, or jointly 2 against the County and the City and their respective ::. officers, agents, and employees, the City shall satisfy the 4 same. 5 IN WITNESS WHEREOF, the parties hereto have executed this agreement on 6 the day and year first above mentioned, 7 8 Approved a KING COUNTY: 1)~~Jø< King County Executive 9 10 11 Attorney 12 13 FEDERAL WAY: 14 15 .---;/ -' / /-::; / ,/,/ ;/!- .,~: ",Ç-,...(.--'- .../ City Manager '" '----. 16 City Attorney Federal Way 17 '~ 18 19 20 21 22 23 2~ 25 25 27 28 29 30 Ii 31 32 (F/AI:ILAS) -10- 2/5/90, . , . ///' '- "c. . . f/~I:IL~5-EXl ,'. 8 8 EXHIBIT 1 DESCRIPTION OF CONTRACT SERVICES King County will collect the service charge revenues for Federal Way and use the revenue to finance two general categories of surface water services: base services and discretionary services. Revenues will first be allocated to base services, with remaining revenues allocated to discretionary services. Base services primarily focus on the continuation of existing projects or activities. from King County's perspective. base services are the highest priority to provide In Federal Way. Base services Include the following: 0 PlannlnQ: Completing the development of the Hylebos/Lower puget Sound Basin Plan. 0 Maintenance: Continuing a program of routine and emergency maintenance for drainage facilities within the City- 0 Re9ulatlon: Providing technical expertise for existing lawsuits, claims for damage, and other regulatory actions. 0 Financial Administration: Continuing the billing of SWM service charges and collecting the revenues for the CIty. 0 Public Involvement (Citizen Response): Providing technical expertise to respond to the public In~uirles or complaln~s about drainage Issues. After a portion of the revenues have been allocated to fund the base services, the Glty would have the opportunity of choosing from a wide variety of discretionary services. Examples of discretionary services Include: 0 Planning: Assisting the City In developing a surface water utility program. using the Draft Hylebos/Lower Puget Sound Basin Plan as a basis for projecting program needs and services. 0 Capital Improvements: Designing and constructing capital facilities based on urgent needs and as Ident Ifled In the implementation sect ion of the Draft Hylebos/Lowr puget Sound Basin Plan (anticipated In December 1990). 0 Maintenance: Providing maintenance to conveyance systems (e.g., pipes. ditches. catch basins) locatrd within the road right-of-way. 0 ReÇJL:latlon: Enforcing City-adopted drainage regulations that fall outside of t he I and use and bu I I ding perm I t process. 0 Public Involvement: Administering programs that use citizen volunteers or community groups to protect streams and water quality (e.g., stream clean-up activit les. stream slgnage ~roJects, storm drain stenci ling projects, and water ~uallty monitoring programs). / / // C i,' ." .' 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Rellor.lion froj,:11 --s&¿l!-SC.!I O"ir"'1 frojrcll ¡,Held ml 11,000 20,000 ¡I,OOO Amlll I 101.1 of fiVl Ihdiel. 130,000 0 131,000 lull 0' COlfm~11 COIl for tilT of 1uk,ili. ),000 ) ,000 1,000Ao,¡lor..lu¡,t¡¡,2",II. 119,000 2),000 171,000 m,ooo el,OOO 1.000 JSl,OOO 21,000 1),000 <,000 212,000 30<,000 <,000 1,000 58<,000 Ref" 10 toll "d" '""",) AHUllio",' ~dol. 1,1!1,Ul fl. of I,st" (pipl I dilch) I 5,m tilchlili'l lii,I,i,,1 ir. 15,000 til,', m\ of !ldiml iilpOU) ..1 .it., lrulml. 11,000 AIIUIII 20 rllpOn\!! p., ,IIf lucJudi,! Iquipm,I), !!S,OOO It,OoO 11,000 hIli 0' hillari'í:I! smitl ¡mil. 11,000 21,000 hili 0' COlt of e,illi'! Fro,r... 1,000 1,000 lechr,j¡¡1 "pport for ,pd¡liol, ,lj..li'l, lidin! rtv,,", Hco,dl. 3,60;,000 1,m,OOo I,m,ooo 11 projecl, ¡. fldm! ~." ¡¡¡,COO ¡¡¡ ,000 \:<,000 Atoor,\ rtllml fD' Ilrm rlllarilinn. 2t,000 20,000 <1.000 At",1 ronryel for lull-H,II ,rojetll, 3,!I),000 1,m,OO. 1,801,000 TOTAL mmTIOwm m\'!m <,116,000 «,,"" EE"'~H 1.,SU!FlIOW; nnnOon_--n.... ),m,OOO ""',,' 7 ,711,000 - AIIUI!I m!,..1 It~ mtl io' 11 lo,thl ir. H\(' onl Ii lol,lhs if, lHl, lith Ih! !!IPplio.. 0(1,-.0.1 to,vITHe! S¡ltlt! mil rt,ict, H' I',,¡j mtl jet ~oti. 11% HI H::. - ~: ¡d¡llior,H, ",tl H' i"hiel ir; !sli.lllI. ~ Tn, ..ir,l",..c! ,1 ¡"ÍQ.I C"VI,He! ¡¡Ilell i, . coOlo..nl .1 \he 'Iilic ",vit,,' ¡I\tribe( in \he hall hvisi.,. pro.DlIl 1or ,."lrHI s"vic!! if. ¡I¡.,.} ¡". TOI H"il COlt, HI lillli ¡b.VI I. hi!hJiçhl Ih, Cily" o¡porlunilT Ie P" io. thm ..i,t","n ¡olll uli'l rtv"..1 1r.. th, lurf/" -HIT l"vicI "HI', . , '. , . 90 I '!: '. , . " , ~! ¡:H/.í~: ~ {tO~¡I~U¡!I: fmll, II! sm [[ tOoTH:! h____--"'h___--------'.----.-....----.-----.-.-..., ]úa; mmí HS!. PLIO rom ---'-----'--.-----...-------.- 1m Iúl~l 1m ]!It ]!I! h_n-h_-- "'h--h-- ---'-""h --.----.--- -.--"---" Atilli tOlll IDI,m I 11, \\1 m .11. IIIL,321 m m,JO 01 I, I II j),!11 Im,IO -.._-.....- ------..... .h.-----.. ---.-.....- .-n""'" h,j"I,¡ t,lll l,lIls m,w III!, II! I I J\ , 111 1111,m Oil, I II """"'" ,a"""" .."""", """".., ",a""" metAl un lCSt SHAH uu .--. .....h_uu_--- !nO IHI 10lAl frojrrtr/ t'IIs ---........ ..h------- ....h___-- 1U3,W 11),611 D ),m 1m 1m 1m ..h---_u- ---".h--- u_--"--" ¡,lmJI.,¡Sf.H,;\m 3J,~2l m,'OI w,m """"'" .."""", "a""'" 1m mIl Hlml 11 ",tnl Ilm,lm ,j 1,li] me ""i} tOIl ,I nll,IIL. m,RAl Assu/nJO~; .--....._..nhu-- - /,1".1 ïl¡ ",lr 1.1/1 I,r Ibm ,I frojrctr/ Fl" "115 ¡, 11% ",/ 191). - Itl"IJ fl¡ ,in ¿¡¡ ,I ~H u/ 1m "115 11\1/ or, to! f"...ll!.' ,I i""..i... I,dm .¡Hi" lb! .¡¡rIDI ,/lit;, / ~¿ '::.-,:'c' "...' ..; ~ '" -', , .~! ¡., 31 32 " II Vi I :'" (! 19 Ó' 1'o'~ , . . AN INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY FOR PROVISION OF SURFACE WATER MANAGEMENT SERVICES AND COLLECTION OF REVENUES 1 This Agreement is made and entered into this day by and between the 2 City of Federal Way, hereinafter called "City," and King County, hereinafter 3 called "County." 4 WHEREAS, residents of the unincorporated King County area known as Federal Way have voted to become an incorporated city, and 5 6 WHEREAS, King County has a Surface Water Management Program supported 7 by a service charge on developed properties in unincorporated King County, 8 contained in King County Code Chapter 9.08, pursuant to State Law, and WHEREAS, the City represents it has the authority to enter into this 9 10 contract and to establish a Surface Water Management Program and Service 11 Charge, and 12 WHEREAS, the parties agree that continuation of comprehensive surface 13 water management services is beneficial to the residents and environment in 14 the incorporated area, and 15 WHEREAS, the King County Surface Water Management Program must enter 16 into an inter1oca1 agreement with Federal Way to deliver services or collect 17 revenue in the incorporated area after the effective date of Federal Way 18 incorporation, and 19 WHEREAS, Federal Way and King County agree on the services to be 20 provided through 1990, and the collection of revenue to support those 21 services, and 22 WHEREAS, Federal Way may choose to extend the agreement for Surface 23 Water Management services through 1991, and WHEREAS, by entering into an agreement for continuation of exis"ting services, Federal Way wi 11 have the opportunity to make long term decisions 24 25 26 about delivery of drainage services, and 27 WHEREAS, pursuant to RCW 39.34, the Interloca1 Cooperation Act, the parties are each authorized to enter into an agreement for cooperative 28/ I action; 29 , --, ---- ---,'~-' 30 ORIGINAL (F/AI:ILA5) -1- 2/5/90 / ~)- ,1 30 31 32 i' . . I,' ;: 1 NOW THEREFORE, in exchange for the mutual promises made herein, the 3 I. parties hereto agree as follows: The purpose of the agreement is: 2 4 5 6 7 8 9 10 11 12 II. 13 14 15 16 17 18 19 I I I. 20 21 22 23 24 25 26 27 28 29 (F/AI:ILA5) A. To provide the residents of the City with the continuation of drainage related services and the revenue necessary to support the services, through the Surface Water Service Charge. B. To establish a means whereby the County can act as the City's agent, continuing to collect the service charge for the C. City. To define and establish the type of services which will be delivered in the City by the County. Authority to Act 1. The City shall enact the necessary legislation adopting King County's regulations for the collection of surface water service charges as identified in this agreement. This agreement shall take effect on the effective date of said legislation. The County's regulations and fee schedule are set out in King County Code, Chapter 9.08. Defi niti ons A. "Surface Water Management Program" (SWM Program) is the drainage-related service program designed to address both existing problems caused by surface water runoff and future problems in developing areas. This term refers to the program adopted by the City in Ordinance qt--,');, ,¡.1é.-3t)< B. "Service Charge" is the charge collected from property owners in the City. The service charge rates are as shown in Exhibit 4 to this Agreement. C. "Service Area" refers to areas where the County collects a service chargc and d:1ivers drainage-related services including incorporated areas where an agreement is in place and unincorporated areas of the western one-third of the County as described in King County Code, Chapter 9.08. -2- 2/5/90 ,I ,,', 1 2 3 4 5 6 7 8 9 10 11 12 13 141 15/ IV. 16 17 181 19 20 21 22 23 24 25 26 27 28 29 30 31 32 I (F/AI:ILA5) . D. 8 ..' i "Services" means the activities provided to the residents and property owners of the City under this agreement. For purposes of this agreement, drainage services are categorized as either base or discretionary. See Exhibit I to this Agreement. 1. Base Services primarily focus on the continuation of existing projects or activities and are considered the highest priority drainage-related services by the parties to this agreement. 2. Discretionary Services are drainage-related services selected by the City to complement Base Services using the net amount of funding available to the City after payment for Base Services. Responsibilities of the Parties A. King County 1. In 1990, the County will deliver Base Services as 2. described in Exhibit 1 to this agreement. In 1990, the County may provide to Federal Way the Discretionary Services described in Exhibit 1 to this agreement. Specific Discretionary Services will be 3. decided upon on or before July 30, 1990. The County will provide the City with information about delinquent accounts. 4. The County will, in consultation with the City, prepare additional agreements as necessary, addressing the cooperative management and construction of any capital improvement projects selected by the City as part of the Discretionary Services. 5. King County and Federal Way will enter into a separate agreement for the cooperative management of the Hyiebos Basin Plan and to share the costs associated with the Plan. -3- 2/5/90 ,\ 27 28 29 30 31 32 , I " I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (F/AI:ILA5) B. 8 8 r,' Federal Way 1. The City will provide the legal authority for this agreement by passing legislation which will: a. adopt the County's existing rate structure as reflected in King County Code, Chapter 9.08, b. authorize the County to collect surface water service charges from City property owners, c. permit the County to act as the City's agent for service charge collection and providing drainage services, and d. allow the City to pay for the maintenance of road drainage systems with service charge revenues if so desired. 2. The decision to take action on service charge accounts which become delinquent after the effective date of incorporation will be the responsibility of the of the City. The City will be responsible for any liens and foreclosures resulting from non-payment of surface water management service charge after the effective date of incorporation. 3. Federal Way will work with the County's Surface Water Management Division to establish the kind and level of Discretionary Services the County will undertake on behalf of the City. The parties agree the Discretionary Service package will be resolved and become part of this 4. agreement on or before July 30, 1990. The City will adopt such policies and procedures as are required for delivery of the specific and agreed upon Discretionary Services. -4- 2/5/90 29 30 31 32 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 231' 24 25 26 27 28 (F I A I : I LA5) v. 8 8 'I' Financial Arrangements A. B. Revenue Collection 1. The County will collect and distribute revenue received from properties within the City through the combined 2. Property Tax and Drainage Billing Statements. The County will hold revenues collected for the City in a separate account and will disburse these revenues to 3. the City on a monthly basis. The City will pay the County a flat one percent (1%) of all revenue collected by the County for the City under the terms of this agreement. This charge will remain unchanged for the duration of this agreement and will be deducted from the revenues collected on a monthly basis by the County and forwarded to the City. This charge is reflected in the cost of Base Services, Exhibit 2, attached to this agreement. Cost of Base Services 1. The cost for services shown in Exhibit 2 represents the estimated annual cost for 1990 for each service. The estimates account for the costs of direct services plus an administrative overhead charge. In 1991, the cost of services will be adjusted to reflect cost-of-living adjustments and any other economic adjustments adopted by King County in the 1991 Budget Process. 2. Differences between estimated expenditures for Base Services and actual expenditures will result in an adjustment to the funds available for Discretionary Services in the succeeding year. If, for example, in 1990, Base Services cost less than anticipated, the City will have more funds available for Discretionary Services in the following year. -5- 2/5/90 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ! 19 20 21 22 23 241 25 26 27 28 29 30 31 32 (F/AI:ILA5) i VI. 8 8 C. Cost of Discretionary Services 1. The estimated costs for Discretionary Services are shown 2. in Exhibit 3 to this agreement. In 1990, Discretionary Services will be negotiated between the parties based on the difference between the proposed allocation to Base Services as shown in Exhibit 2 and the revenue from the Service Charge. Funds remaining will be used to pay for Discretionary Services. 3. In 1991, the amount available for Discretionary Services will be the result of reconciling the actual cost of Base Services in 1990 with the estimated cost as presented in Exhibit 2. The cost of Discretionary Services in 1991 is subject to the same economic adjustments as Base Services; see Section V, B. 1., above. D. Bills and Payments 1. The County will prepare and present to the City quarterly invoices showing the services provided and the cost of the services. The first invoice will cover the period from March 1, 1990 to June 30, 1990; thereafter invoices will reflect three months of activity. 2. The City will pay the County within 45 days after receipt of the invoice. Administration A. The Manager of the King County Surface Water Management Division and the City's Director of Public Works or his/her respective designees, shall compose the administration and management of this joint cooperative program to continue drainage related services in the City. Provided that the City Manager will take the place of the City's Director of Public Works until the City fills this position. -6- 2/5/90 21 23 24 25 26 27 28 29, 30 31 32/ '] 2 3 4 5 6 7 8 9 10 11 12 VI!. 13 14 15 16 17 8 8 B. In the event the Division Manager and the Public Works Director are unable to reach agreement on any issue related to the provision of services under this agreement, issues will be resolved by the Director of the King County Department of Public Works and the City Manager of Federal Way. C. The County will retain control over and maintain all records, supervision, rights and benefits of personnel providing service to Federal Way under this agreement. D. The parties to this agreement will observe all public bidding procedures where applicable. Effectiveness and Duration A. This agreement shall become effective on March 1, 1990 and remain in effect until December 31, 1990. The City may extend this agreement until December 31, 1991 by submitting a written request to the County no less than ninety days before VIII. Amendments and Extension or Termination December 31, 1990. 18 19 20 22 I (F/AI:ILA5) A. This agreement may be amended, altered, clarified or extended B. only by written agreement of the parties hereto. The estimated costs and level of services as shown in Exhibits 2 and 3 are accepted by the parties as representing the best projections for service and cost available at the time of this agreement. 1. Changes in services as shown in Exhibits 2 and 3 to this agreement will be agreed to in writing by the administrators of the cooperative program and the signators to this agreement will be informed. 2. If the County must make changes in the level of services and the corresponding costs of these s~rvices, other than those discussed in Section V., the changes will be reported to the City before adjusting the annual budget -7- 2/5/90 10 11 12 13 14 15 16 17 18 19 20 21 'i 22 23 24 25 26 27 I 281 29 30 31 32 2 3 4 5 6 7 8 9 (F/AI:ILA5) IX. 8 8 and new estimates will be negotiated between the 3. parties. If the City wishes changes in level of.services under this agreement, it will inform the County in writing and the parties will agree as to the timing and accomplishment of said changes. C. This agreement may be terminated by either party upon provision of ninety days written notice to the other party. In the event of termination by the City, the City will be responsible for actual costs for services to the effective date of termination. 1. Provided that: should the City wish termination of revenue collection services, the City will notify the County in writing no less than ninety days before December 31, 1990 or 1991, to terminate revenue collec- tion services for the following year. Hold Harmless and Indemnification A. In executing this agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence, validity, or effect of city ordinance, rules or regulations. In any such cause, claim, suit, action, or administrative proceeding is commenced, the City shall defend the same at its sole expense and if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and attorney's fees. B. The County shall indemnify and hold harmless the City and its officers. agents. and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of -8- 2/5/90 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2811 ~J Ç..::! 30 31 32 1 2 3 4 5 6 7 8 9 (F/AI:ILA5) 8 8 the County, its officers, agents, and employees in performing services pursuant to this agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City or the City and the County, the County shall defend the same at its sole cost and expense; and if final judgment be rendered against the City and its officers, agents, and employees or jointly against the City and the County and their respective officers, agents, and employees, the County shall satisfy the same. C. The City shall indemnify and hold harmless the County and its officers, agents, and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, which I I are caused by or result from a negligent act or omi~sion of I the City, its officers, agents, and employees. In the event that any suit based upon such a claim, action, loss, or damage is brought against the County or the City and the County, the City shall defend the same at its sole cost and expense; and, if final judgment be rendered against the -9- 2/5/90 , 8 8 1 County and its officers, agents, and employees, or jointly against the County and the City and their respective 2 3 officers, agents, and employees, the City shall satisfy the 4 same. 5 IN WITNESS WHEREOF, the parties hereto have executed this agreement on 6 the day and year first above mentioned. 7 8 12 Executive 9 10 11 13 FEDERAL WAY: 14 L--------- /~ ," ///~::f-/-:~<. if{' ..::_----~~-(. - é --h. " .) ,-. IJ '" City Manager</ 2/27/90 ' 15 16 17 18 19 20 21 22 I 23 24 25 26 27 281 29 30 31 32 (F/AI:ILA5) 2/5/901 -10- , ' 8 8 EXHIBIT 1 DESCRIPTION OF CONTRACT SERVICES King County will collect the service charge revenues for Federal Way and use the revenue to finance two general categories of surface water services: base services and discretionary services. Revenues will first be allocated to base services, with remaining revenues allocated to discretionary services. Base services primarily focus on the continuation of existing proJects or activities. From King County's perspective, base services are the highest priority to provide In Federal Way. Base services Include the following: 0 Planning: Completing the development of the Hylebos/Lower puget Sound Basin Plan. 0 Maintenance: Continuing a program of routine and emergency maintenance for drainage facilities within the City. 0 Regulation: Providing technical expertise for existing lawsuits, claims for damage, and other regulatory actions. 0 Financial Administration: Continuing the billing of SWM service charges and collecting the revenues for the City. 0 Public Involvement (Citizen Response): Providing technical expertise to respond to the public Inquiries or complaints about drainage Issues. After a portion of the revenues have been allocated to fund the base services, the City would have the opportunity of choosing from a wide variety of discretionary services. Examples of discretionary services Include: F IAI: ILA5-EXl 0 Planning: Assisting the City In developing a surface water uti Iity program, using the Draft Hylebos/Lower Puget Sound Basin Plan as a basis for projecting program needs and services. 0 Capital Improvements: Designing and constructing capital faci Iities based on urgent needs and as identified in the Implementation section of the Draft Hylebos/Lowr Puget Sound Basin Plan (anticipated In December 1990). 0 Maintenance: Providing maintenance to conveyance systems (e.g., pipes, ditches, catch basins) located within the road right-of-way. 0 Regulation: Enforcing city-adopted drainage regulations that fall outside of the land use and building permit process. 0 Public Involvement: Administering programs that use citizen volunteers or community groups to protect streams and water Quality (e.g., stream clean-up activities, stream signage projects, storm drain stenciling projects, and water Qual ity monitoring programs). -" ,.,~.. .' ,( . KING COUNTY. . SURFACE WATER MANAGEMENT. SERVICES CHARGES There are two types of service charges -- the flat rate and the sliding rate: - The ~ rate service charge of $29.89 a year applies to single-family homes and parcels with less than 10% Impervious surface. - The sliding rate service charge applies to all other properties In the service area. The sliding rate Is calculated by measuring the amount Of Impervious surface on each parcel, and multiplying the appropriate rate by the total parcel acreage. Several special rate categories will automatically be assigned to those who Qualify: - An exempt Ion for any home owned and occupied by a low-Income senior citizen. - A discount for any parcel served by a county-approved retention/detention (R/D) facility maintained by the owner. - A discount for any parcel (or part of a parcel) officially designated as open space. I Rate Category 1..1-Resldentlal: I Single-Family I I #2-Very Light 1#3-LI9ht I I #4-Moderate , I #5-Moder ate I y Heavy I I #6-Heavy I #7-Very Heavy I I Home I I I I I I I I I I , , I I I I RATE TABLE Percent Impervl.ous Surface I I I more than 0%, less than 10% I I I I I I I I N/A Annual Service Charge I I I I $ 29.89 (regardless of size)'" I $ 29.89 (regardless of size) 10% up to 20% $ 60.83/acreu more than 20%, up to 45% more than 45%, up to 65% $126.01/acreu $243.33/acreu more than 65%, up to 85% I I $30B.51/acreu , ! $404.1 O/acre""" I I more than 85%, up to 100% ,., The maximum annual service charge for mobile home parks shall be $29.89 times the number of mobile home spaces. (Per King County Ordinance 8626, adopted 8/22/88.) In addition to the charge per acre, there is also a processing charge of $3.82 per service charge bill. ,.,'" RATE ADJUSTMENTS Any person receiving a bill may file a request for a service charge rate adjustment with the Surface Water Management Division within three years of the bi II ing date. (Fi ling a request wi II not extend the payment period, however.) You should file a request if: - the property acreage Is incorrect. - the measured impervious surface is Incorrect'. - the property Is charged a sliding fee when it should be a flat fee. - the person or property Qualifies for an exemption or discount. - the property Is wholly or In part outside the service area. To obtain a Request for a Rate Adjustment form, please call 296-6519. (F/AD:l-l) '.' ,r .. . . ". EXHIBIT 3 ATlACHmT B: fEDERAL WAY SERVICE CONTRACT Print lite IHw90 (file: Fmm 1/3190) _nu- - n n- u- - - --_n Un__-n_--__nnn DISCRETIONARY SERVICES nnn__n__dnnnn 1990 1991 NOT[SmSU~PTIONS TOTAL DISCRETIONARY SERVICES - - - u- - _n - --, -------- n n- n nn -_u--------_----nnnn- - nOO - u---- -------- u----.-...---n..-.. - n- nnnnnnOOnn_n- 1. PLANNIN6 nDr.inage Studies nUtility Progm Dmlopmt nStrul G¡ging Sublot¡1 2. ftAINTENANCE --In Ro¡d Convey¡nce SystelS uWater OUility FHilities nEmgrncy Spill Clm Up Subtolil 3. RE6ULATION --Non-prrlit Enforcemt Actions ~. PUBLIC INVOLYEftENT --Couun i ty action gran Is, s treu clm-up Htivities, ¡nd relited volunteer prograls 5. FINANCIAL mINISTRATION --Engineering Support For New Accounts 6. CAP !TAl ImOmENTS --ft¡jor C.pilil Projects o-Streit Restor¡tion Projects --Sull-Scile Ðrain¡ge Projects Subtot¡l !A,OOO 20,000 36,000 AnUies a tolil of five studies. 130,000 0 130,000 Smd on COIpmble cas t for City of Tukwi I L 3,000 3,000 6,000 ftonitor and uintain 2 gages. 149,000 23,000 172,000 291,000 292,000 81,000 4,000 8,000 8,000 381,000 304,000 584,000 Refer to note under 'Genml Asmptions' belovo 1,196,161 fl. of systu (pipe & ditch) & 5,~62 catchbiSins uinhined in '90 & T 85,000 City's cost of sedimt dispml ¡nd uter trutmt. 16,000 Amm 20 responses per ym (excluding equipmt). 6B5 000 26,000 18,000 44,000 8ued on historical service lmls. 13,000 16,000 29,000 Based on cost of existing progm. 4,000 5,000 9,000 Technical support for upditing, adjusting, adding revenue ¡(counts. 3,606,000 2,722,000 6,328,000 16 projects in Federal Way. m ,000 217,000 434,000 Amnt reserved for strul restoration. 20,000 20,000 ~O,OOO hount reserved for mil-scale projects. 3,8<3,000 2, m ,000 6,802,000 3,325,000 7,741,000 TOTAL DISCRETIONARY SERVICES 4,416,000 6EN[RAL ASSU~PT]ON5 nnnn_nnnnn __h---- __,_nn nn_d- - AssUies revenues ¡nd costs for 10 lonths in 1990 and 12 lonths in 1991, with the emption of In-Road Conveyuce Systus costs which are mUll costs for both 1990 and 1991. . No inflationuy costs ire included in estiutes. - The uintenance of In-Road Conveyance Systels is a colponent of the 'Basic Services' described in the Roads Division proposal for contract services in Fedml Way. The mual costs are listed above to highlight the City's opportunity to pay for these uintmnce costs using revenues frol the surface water service chirge. , " . ATTmmT A (COI/TII/un): mE~AL VAT SERVICE COIITRACT -. ..-.... - .--.. --. n - n....n h- -- n_.. u--. -.. - - - - - n Aclwd Costs Projeclet Cosls Projecle~ Costs Fedml Vay Shm at m TOTAL HTLEtOS BASI II PLAN COSTS - n n - n - -. - -... n n. n - - --... 1988 1989 hnn.nn nnn----- h_hnnn --nn--b. nn--hh- 1991 1990 TOTAL 113(,m 01,546 I//A ilIA S18¿,321 ilIA HO,W Œ¿,15¿ m,8~~ 100,147 ----.-.-.-. .-_.n._n. nU__h_-- n_--.nn. nnnnno To la 1 s 1111,693 _.h__--'" _h--hun _n.nn_n __....nn. ...nhnn uu....... .n_u..... nnn.nn -_--.....n nnnUb- Œ¿,156 m,8~( \616,468 S\3(,m Fmm VAT'S COST SHARE nn .n- -.n .-- n__. - - n 1990 TOTAL 1991 _0000000-0. __nnonn nn__--__- sw,m S53,m 017,307 1m 1m 1m onn___n. n-.__n.n ._-._n_n- 165,962 33,922 199 , 90~ _nnn--n _nnn.n. _un_nn. n--_nnn _n_unn- _nn_nn. GENERAL mum ms t 1990 costs ¿5sum JO lonths (W3,H3) 01 tota) ]990 mud) cost of 016,156. .hUnnnnnn-- . Federal Way on)y p¿ys for shan of projected FJ.¡Q costs in 1990 and 1991- - fedml Var piys m of 1990 and 1991 costs based on the permlaçe of ilpmious surface wilhin the Hrlebos Basin. --""- ,-- "." . ~XHIBIT 2 (cont'd) (. A ,~I ;, j., I '- -,-.- . . ~~~ ~~~~:~~- ~ ~ - ~: ~ ~ ~~ _: :~~~ ~:- :~~~ ~ ~: ~ REVENUES AN!~ SERVICES P r i n t ~i tt IHW~O.t: Fmm 1IJ/90} I - nn -...n.nn-_nn nn mo !HI mEWUE £5mm --_...n__. unnn.-. _00"_____- nO""_O__OO- __0_00 O___nn__nn__n.-_nn.-.n_.- n____On"O .--... TOI AL NO TE 51 Assum J ONS _n-n--'Oh_n- hsÎdtntiillComrciil Ftdpri! Vir Roids Stile HiqhWiYS 762,000 120,000 12,000 Yb8,OOO 144,000 15,000 1,730,000 15,~00 mounts Im¡ ¡¿,27~ ICcounts 1~91. 264,000 Amm 2IJ lilts tmsffr to City. 27,000 Assuu Slite continu!S to piy f!! for roid surf ICes. _n_nn_n __nn_nn n"_Onnn BASE mv!C£s u._.-n_.._- I. PLANNING '-Hylebos hsÜ Pl¡n 2. MINTENANCE nInspect RPsidentiil FHilities --Inspect Coumiil FHilities --~iinliÎn ResidentÎiI FiCilities -oUpqride ResidentÎiI FHilities h~èÎntiin SIDra FHilities hEaerqtncr Response Subtotil 3. RfbULAT]ON --hiiniqe LmuÏ\s/Cl.ils t PUBLIC INVOLVE~EN1 nÐr.in.qe Colpliints!]nquiries ~, FINANCIAL mlNImATIo~ -oOnt-Tite Srste! Setup hOngoing Billing .nd Collection Subtotil 894,000 1,127,000 2,021,000 200,000 ¡¡sed Dr ilPervious mfm¡ m of '90 ¡ '91 costs. H,OOO Anum checked TwIT¡ 1990-85 fHilities¡ 1~~1-114 hcilities. 131,000 Anum checked TwiT; 1990-330 fHilities¡ 1991-345 f¡cilities. W,OOO 1990.85 hcilities¡ 1991-114 fHililies. 122,000 One.tile cost for 24 hcilities. 7,000 12 hcilities in 1990 .nd 1991. 49,000 Amm 50 emqtncy uintentnce needs. 520,000 4,000 5,000 9,000 Engineering support ¡nd tlpert litnm testÎlony. 16,000 18,000 34,000 hsed on historic. I levels of iCtivity, 39,000 One-tile fee p.id over ho Teus; Fedml WlY p.ys .bod 50, of tot.]. 117,000 15,500 mounts 1990; 16,m mounts 1991; .Iso includes H rmnue collection fee by the Fintnce Office. 156,000 TOTAL EASE SERVICES 563,000 3S6, 000 919,000 REVENUES AVAllAEL( FOR mCRETIONm SERVICES 331,000 771,000 1,102,000 _--00'-' u_n_n _nn_n H6, OOC H,OOO 6£IIERAL mU~PllO1i5 __n_nnn_nnn- 24,000 22,000 74,000 57,000 6] ,000 104,000 122,000 0 3,000 4,000 22,000 27,000 306 I 000 214,000 19,000 52,000 20 000 65,000 - Asmes revenu~s .ne costs for 10 tonths in 1990 ine 12 mths ir, 1991. - No infl.tiowy costs He included in esliutes. -__--0,__,_-- 7! ,000 85,000 I f ... " ... dIl~!~9õ . j~)4P¿." ¿ß.:J ."~.<---/;& .. c;d ~~ ,/ ~S 70'-~/ ,O/?/J f{)-;);P . ~ó~/ -.Aß- tJ.erIJ 7' () ~ð' /e:¿ /3 /Cf /5- I{/; (7 (J? I ¿f- /l Ie; dl . ilIif!I c::;? s- c9~ -::];;2. '" "',i, .. . .' , 8 '.i,. r' - t': ">1 t, t") t""t:J ...... :'1 (") :,;, ;¡:. o::!i:' ¡;~ O. ::l; :,. ~ ;"" r'> ...:; 'L 0:> ~~ ¿ -D N :::':' ~. ¡'J \... <. ~ ~ ~ 8 ';.. I.. King County Surface Water Management Division Department of Public Works Vester Building 400 Yl'aler Way. Room 400 Seattle, WA 98104.2637 (206) 296-6519 ..;) June 18, 1992 Mr. Cary Roe Surface Water Manager City of Federal Way 33530 First Way South Federal Way, WA 98003-6210 RE: Extension of the February 27. 1990 Interlocal Aqreement throuqh 1991 De~~ Enclosed are copies of the documents extending the original interlocal agreement between King County and Federal Way through the end of 1991. As you know, the agreement was extended three times, covering the first quarter, the second quarter, and the final six months of 1991. If you have any questions or need further information, please contact me at 296-8304. s~ Susan Thomas Intergovernmental Relations Coordinator ST:JM:te H2:LT34 Enclosures cc: Ken Guy, Assistant Manager, Surface Water Management Division Debbie Arima, Manager, Program Development Unit John Marchione, Program Analyst .~. , - . ' . , <8 ø 8 - r.-«J~:;;'.':) King County Surface Water Management Division Department of Public Works Yesler Building 400 Yesler Way. Room 400 Seattle, WA 98104-2637 (206) 296-6519 -: I::~ March 13, 1992 PlULLI,;< lO¡~ Mr. Cary Roe Surface Water Manager City of Federal Way 33530 First Way South Federal Way, WA 98003-6210 RE: 1992 Contract Services Aqreement Dear Mr~~~ Enclosed are t~-o~inals of the interlocal agreement between King the City of Federal Way. The County Executive signed the agreement returned it for distribution. County and and has The Surface Water Management Division looks forward to continuing our cooperative relationship with the City of Federal Way. If you have any ques- tions or need further information, please call me at 296-8304. Si~ Susan Thomas Intergovernmental Relations Coordinator ST:JM:bg D2:LT35 Enclosures cc: Phillip Keightley, Public Works Director, City of Federal Way Ken Guy, Assistant Manager, Surface Water Management Division Debbie Arima, Manager, Program Development Section Debbie Nagasawa, Manager, Finance and Administration Section ATTN: Richard Rice, Billing Supervisor .fg. ~ , l' . 8 King CillllllY SUI"f;H't' "'a("'1" :\lanag',,' J1('nt Didsion !)PJ"IJ'11IH'111o11'11},J¡("\\'ork" ;:111 I Jt'XIt'1' ¡¡ort,,!) H!)ildHlg ;1(1 Sl'l"'l)d A\'l'!)IIl' Sl'illllc. \\'a,:]¡ingt(Jn ~.Ir.1lI-f (2(1(;) 2!1(;-(;;;n:; December 27, 1990 Mr. Brent McFall, City Manager City of Federal Way Post Office Box 8057 Federal Way, WA 98003 RE: Extension of Service Agreement Dear Mr. McFall: In February 1990, King County and Federal Way entered into an inter1ocal agreement providing for collection of the City's drainage service charge and for surface water management services through December 31, 1990. Under the terms of the agreement, extension of the time period must be agreed to in writing by both parties. The enclosed amendment, when signed by the authorized representative of each government, will serve to extend the agreement to March 31, 1991. The three-month extension has been requested by Federal Way staff. The extension will all ow the Ci ty adequate time to deci de on specifi c servi ces and servi ce levels for the remainder of 1991. Surface Water Management Division staff will schedule periodic meetings with Federal Way staff during the first quarter of 1991 to discuss a revised contract services agreement that will provide for revenue collection and selected services beyond March 31, 1991. Thank you for your attention to this issue. If you have any questions, please call me on 296-6585 or Ken Guy, Surface Water Management Division Assistant Manager, on 296-6587. Si ncere1y, /( -i- ICor Jim K ra:e2/ Manager JK:KG:dc(010:1227.1) Enclosure cc: Ken Nyberg, Assistant City Manager, City of Federal Way James Shanks, Department of Public Works Director, City of Federal Way Cynthia Stewart, King County Council Staffmember Judy Chapman, Analyst, Budget Office Martin Chaw, Analyst, Budget Office Paul Tanaka, Director, Department of Public Works ATTN: Ann Kawasaki, Deputy Director Ken Guy, Assistant Manager, Surface Water Management Division ATTN: Debbie Nagasawa, Manager, Finance and Billing Section Susan Thomas, Intergovernmental Relations Coordinator ',~ - . , " ' 4ItNDMENT TO THE INTERLOCAL AGRE~T BETWEEN KING COUNTY AND FEDERAL WAY FOR THE PROVISION OF SURFACE WATER MANAGEMENT SERVICES AND COLLECTION OF REVENUES .. ~, 19-~ ?o :-d<.J @) This amendment extends the duration of an interloca1 agreement between King County and the City of Federal Way whith was entered into by both parties for the purpose of providing surface water management services to the City and pro- viding for the collection of surface water management service charges for the City by King County. All changes to the existing agreement are contained in this amendment; elements of the original agreement which are not addressed in this amendment remain as stated in that document. WHEREAS, King County and Federal Way entered into an interlocal agreement in February 1990 which is attached to this amendment as Exhibit A and is incorporated by reference herein; and WHEREAS, both parties want the agreement to continue until Federal Way and King County can determine what level of base and discretionary services will be del i vered by Ki ng County and what servi ces 'wi 11 be provi ded by Federal Way; and WHEREAS, the parties have the authority to enter into and to amend agreements under RCW 39.34, the Interloca1 Cooperation Act; NOW, THEREFORE, the parties mutually agree to the following amendments to the interlocal agreement: Effectiveness and Duration A. This amendment shall become effective on January 1, 1991 and remain in effect until March 31,1991. B. This amendment shall become effective upon signature by all parties to the agreement. Approved As To Form: 8~~ King ive ay C1 ty rf AåJJ ð ORIGINAL (010:1227.2) . e . '.:: " . . ... . King County Surface Water Management Didsion fkpArtl11t'nt of Public \\lorks ï30 D(>xtt'r Horton Building ìlO second AvenuE' Se<1ttk \\lashington 9ßl04 (206) 296-6585 December 27, 1990 Mr. Brent McFall, City Manager City of Federal Way Post Office Box 8057 Federal Way, WA 98003 RE: Extension of Service Agreement Dear Mr. McFall: In February 1990, King County and Federal Way entered into an interloca1 agreement providing for collection of the City IS drainage service charge and for surface water management services through December 31, 1990. Under the terms of the agreement, extension of the time period must be agreed to in writing by both parties. The enclosed amendment, when signed by the authorized representative of each government, will serve to extend the agreement to March 31, 1991. The three-month extension has been requested by Federal Way staff. The extension will allow the City adequate time to decide on specific services and service levels for the remainder of 1991. Surface Water Management Division staff will schedule periodic meetings with Federal Way staff during the first quarter of 1991 to discuss a revised contract services agreement that will provide for revenue collection and selected services beyond March 31, 1991. Thank you for your attention to this issue. If you have any questions, please call me on 296-6585 or Ken Guy, Surface Water Management Division Assistant Manager, on 296-6587. Sincerely, I~ -JL ¡'~or J im Kra:e~ Manager JK:KG:dc(O10:1227.1) Enclosure cc: Ken Nyberg, Assistant City Manager, City of Federal Way James Sha,nks, Department of Public Works Director, City of Federal Way, Cynthia Stewart, King County Council Staffmember Judy Chapman, Analyst, Budget Office Martin Chaw, Analyst, Budget Office Paul Tanaka, Director, Department of Public Works ATTN: Ann Kawasaki, Deputy Director Ken Guy, Assistant Manager, Surface Water Management Division ATTN: Debbie Nagasawa, Manager, Finance and Billing Section Susan Thomas, Intergovernmental Relations Coordinator ._-.'., '- i ~,~: ~ ~ -,,- 81< ING courny SUR~ w~TER MAN~GEMENT SERVICES CHARGES - Tt1ere ue two types of :,¡ervlce charges -- the flat rate and the sliding rate: - The flat rate service charge of £29,69 a year applies to single-family homes and parc;¡S-w~less than 10X Impervlou:,¡ :,¡urface. - The sliding ~ service charge applies to all other properties In the :,¡ervlce area. The sliding rate Is calculated by measuring the amount of Impervious surface on each parcel. and multiplying the appropriate rate by the total parcel acreage, Several special rate categories will lIutomatlcally be IIsslgned to those who Qualify; - An exempt Ion for any home owned and occupied by a low-Income ~ clt Izen, - A discount for any parcel served by II County-approved retent Ion/detent Ion (R/D) facility maintained by tne owner. - A discount for any parcel (or part of a parcel) officially designated as ~ ~. RATE TABLE I t/1-Resldentlal; I Single-Family ¡ I t/2-Very Light ¡ It/:i-Llght I i t/<:-Mo.derate I ¡ ¡;5-Mod~rately Heavy I i t/S-Htavy I I It/i-Very He;;.vy N/A Annual Service Charpe I i I S 2S.89 (regardless of size)* : Rate Cateoory I : I Home I Percent Imperv ¡.ous Surface more than 0%, less than 1m; s 25>.85> (regilrdless of size) " I 1 O~; up to 20% I $ 60.83/acre** more thiln 20~;, up to 45% S126.01/acre"'* more than 45%. UP to 65~; S243.33/llcre'"* more than 65';. up to 85'; S308.51/acre** more than 85%, l:P to 100% $404.10/acre** The ",aximu;;, ~nnua1 service ch~roe for motJ1ìe Mme p~rks shall be S20.69 times the number of mobi)e home s¡n"es, (Per Kin; Coun~)' Ordin~nce 852E. òdo;ted 6/22/68.) In .cdition to the charge per acre. there is ~1so a processing charge 01 $3.62 per service ch~rge bil1. R~TE ADJUSTMENTS ~:"iY perSO:"i receiving a bill may f lie a rtquest for a service charge rate adjustment with the Surface Water Management Division within three years of the bi Illng datt. (Filing a reque:,¡t l'Iill not extend the payment period, however.) " ;. \ You should file a request If: - the property acre¡¡ge Is incorrect. - the rnnsured Imptrvlous surface is Incorrect. - the property Is charged a sliding fee I'Ihen It should be ¡; II"t fee. - the person or property qualifies for an exemption or discount. - the property Is wholly or in part outside the service area. 10 obtain a Request for a Rate ~djustment form, pltase cal I 296-6519. (F/;.J;ì-l)