AG 90-023 - KING COUNTY (SURFACE WATER)
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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 &
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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
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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:
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9. TOTAL COMPENSATION:
$ t::t.
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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:.'
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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
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11. CO~N A,CT REVI~\
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¡¡t"RISK MANAIiEMENT
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ONT....aTO. .00L..aTI"" OaaU"O:NT!
PURCHA81NG
INITIAL/DATE APPROVED
~LAW O~PARTMENT
..¡;.. CITY MANAGER
~~V CLERK
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0 PUI'ICHASING; PLEASE CHARGE TO:
INITIAL/DATE APPROVED
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12. CONTRACT SIGNATURE ROUTING
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WHITE. aR""NAL "TAT" W'TM caNTRACT r::AN"'R"" CCERK Ta "TM' PINK' CAW DEPT. ,"OLDENROD' DR"JONAT'NO 8TM,.
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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.
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Sincerely,
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Le~Ann'Merrill
Intergovernmental Relations Coordinator
Enclosures
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Richard Rice, Billing Supervisor, Customer Account Services
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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:
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City Attorney, Landi K Lindell r-
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Pam Bissonnette, Di
Natural Resources
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t:"Kenneth 'E. Nybtrg, C ty Manager
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DATE
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DATE
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~ 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 .:.
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Seattle, WA 98104
Subject:
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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.
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Jeff'f tt, . .
Surf~( ater Manager
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enclosure
cc: Richard Rice, Billing! Account Services Supervisor
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(206) 296-6519
(206) 296-0192 FAX
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King County
Water and Land Resources Division
Department of Naluwl Resources
700 Fifth Avenue, Suite 2200
Seattle, WA 95104
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September 17, 1997
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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
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Richard Rice, Billing and Account Services Supervisor
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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
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1)-& 9 0 ...).:i( do )
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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
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"King County", to allow for the collection and disbursement of surface
water management service charge revenue and for the provision, by King
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County, of certain service water management related services to Federal Way
WHEREAS, King County and Federal Way share interest in managing storm
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and surface water runoff 'in order to protect property, lives and the
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environment, and
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WHEREAS, King County has provided surface water management services
along with billing and collection services to Federal Way from the time of
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incorporation as a city, and
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WHEREAS, Federal Way is now able to provide ârainage related
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operations and maintenance services to City residents and property owners,
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and
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WHEREAS, Federal Way wishes to retain King County's billing and
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collection services and to avail itself of needed technical support
services which will be negotiated annually through both jurisdiction's
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budget process, and
WHEREAS, King County is able to continue providing certain technical
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support services on an as-needed basis when those services have been
negotiated in advance, and
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WHEREAS, King County has a fully developed automated billing system
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which can be used for other jurisdiction's billings when an interlocal
agreement is negotiated between the parties, and
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WHEREAS, pursuant to RCW 39.34, the parties are each authorized to
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enter into an interlocal agreement:
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NOW THEREFORE, it is agreed by the parties as follows:
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I. The purpose of this agreement is:
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A.
To enable Federal Way to utilize King County's billing and
collection services for the collection of a surface water
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management service charge for the City.
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12/11/91
ORIGINAL
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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:
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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
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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;
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. 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.
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12/11/91
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2.
King County will collect and distribute service charge revenue
received from owners of property within the City, using the
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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
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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:
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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
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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
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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.
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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.
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D.
The parties to this agreement will observe all public bidding
procedures where applicable.
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V. Effectiveness and Duration:
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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
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VI. Amendments, Extension and Termination
December 31, 1997.
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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.
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VII. Hold Harmless and Indemnification
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King County shall indemnify and hold the City, its, agents, employees
and officers harmless from and shall process and defend at its own expense
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any and all claims, demands, suits, penalties, losses, damages, or costs of
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any kind whatsoever (hereinafter "claims") brought against the City arising
out of or incident to the execution of, performance of, or failure to per-
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form this contract; provided, however, that if such claims are caused by or
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result from the concurrent negligence of the County, its agents, employees
and/or officers and the' City, its agents, employees and/or officers, this
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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
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nothing in this section shall require the County to indemnify, hold
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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
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agents, employees or officers.
Federal Way shall indemnify and hold the County, its agents, employees
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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
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any kind whatsoever (hereinafter "claims") brought against the County aris-
ing out of or incident to the execution of, performance of, or failure to
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perform this contract; provided, however, that if such cltims are caused by
or result from the concurrent negligence of the City, its agents, employees
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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
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of the City, its agents, employees and/or officers; and provided further
that nothing in this section shall require the City to indemnify, hold
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harmless, or defend the County, its agents, employees, and/or officers from
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any claims caused by or resulting from the sole negligence of the County,
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its agents, employees and/or officers.
In the event the City or the County
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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
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shall be recoverable from the other party.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on the
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day and year first above mentioned.
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Approved as to form:
KING COUNTY
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fMI#
,ty Manager
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FEDERAL Way
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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
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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.
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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
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~ Federal W . - Man . er
COpy
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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
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City of Federal Way, hereinafter called "City," and King County, hereinafter
:;
called "County,"
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WHEREAS, resident$ of the unincorporated King County area known as
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Federal Way have voted to become an incorporated city, and
WHEREAS, King County has a Surface Water Management Program supported
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by a service charge on developed properties in unincorporated King County,
contained in King County Code Chapter 9.08, pursuant to State Law, and
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WHEREAS, the City represents it has the authority to enter into this
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contract and to establish a Surface Water Management Program and Service
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Charge, and
WHEREAS, the parties agree that continuation of comprehensive surface
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water management services is beneficial to the residents and environment in
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141 the incorporated area, and
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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
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WHEREAS, Federal Way and King County agree on the services to be
provided through 1990, and the collection of revenue to support those
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21 I ' services, and
22. WHEREAS, Federal Way may choose to extend the agreement for Surface
23': Water Management services through 1991, and
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WHEREAS, by entering into an agreement for continuation of existing
services, ~ederal Way will have the opportunity to make long term decisions
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about delivery of drainage services, and
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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;
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NOW THEREFORE, in exchange for the mutual promises made herein, the
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parties hereto agree as follows:
The purpose of the agreement is:
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II.
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III.
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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.
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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,
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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.
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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.
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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,
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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
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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
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and new estimates will be negotiated between the
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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.
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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, ¡
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The County shall indemnify and hold harmless the City and its
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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
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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!
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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
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County and its officers, agents, and employees, or jointly
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against the County and the City and their respective
officers, agents, and employees. the City shall satisfy the
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same,
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the day and year first above mentioned.
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K~ COUNTY,
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King County Executive
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FEDERAL WAY:
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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:
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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).
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7),000
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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
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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.
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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.
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VI.
e
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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.
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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
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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
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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
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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
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Attorney
12
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FEDERAL WAY:
14
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.---;/ -' / /-::; /
,/,/ ;/!- .,~: ",Ç-,...(.--'- .../
City Manager '" '----.
16
City Attorney
Federal Way
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f/~I:IL~5-EXl
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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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m,ooo OOt°ti" !OIl hr 1\ ¡Hilili,1.
),Oo¡. 11 fHiliti'1 it, 1m "I 1Iil.
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H,OOO
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H,oOO n,m ¡',ooe. On,-liOl it! plil ovtr III rllrs; FlltrlJ ¡IT P'TI ,boct I" . ~ ¡,Ii).
I),COC' ¡',OOC' 1)) ,ooe. II, lOt, H,o",ll Jm; !L,)II "counll Hn; ,¡" ;"1",, ¡¡ ",,"'!
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- k11H11 'tV,"'!1 ,,~ cellI lor ¡¡. ""tf! i, )HO ¡nl Ii ..,nl it. IHi.
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EXHISIT 3
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--s&¿l!-SC.!I O"ir"'1 frojrcll
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ml
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),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
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1,1!1,Ul fl. of I,st" (pipl I dilch) I 5,m tilchlili'l lii,I,i,,1 ir.
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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
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1,000
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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;
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7 ,711,000
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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;,
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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 ,
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NOW THEREFORE, in exchange for the mutual promises made herein, the
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parties hereto agree as follows:
The purpose of the agreement is:
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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.
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D.
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"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.
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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.
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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.
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VI.
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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.
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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.
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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
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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
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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
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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
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against the County and the City and their respective
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officers, agents, and employees, the City shall satisfy the
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same.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on
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the day and year first above mentioned.
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Executive
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FEDERAL WAY:
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City Manager</ 2/27/90 '
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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
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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).
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. 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 $29.89 a year applies to single-family homes and
parcels with less than 10% Impervious surface.
- The sliding rate service charge applies to all other properties In the service
area. The sliding rate Is calculated by measuring the amount Of Impervious
surface on each parcel, and multiplying the appropriate rate by the total parcel
acreage.
Several special rate categories will automatically be assigned to those who Qualify:
- An exempt Ion for any home owned and occupied by a low-Income senior citizen.
- A discount for any parcel served by a county-approved retention/detention (R/D)
facility maintained by the owner.
- A discount for any parcel (or part of a parcel) officially designated as open
space.
I Rate Category
1..1-Resldentlal:
I Single-Family
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I #2-Very Light
1#3-LI9ht
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I #7-Very Heavy
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Home I
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RATE TABLE
Percent Impervl.ous Surface I
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more than 0%, less than 10% I
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N/A
Annual Service Charge I
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$ 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%
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I $30B.51/acreu
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! $404.1 O/acre"""
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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.
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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)
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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.
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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.
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~XHIBIT 2 (cont'd)
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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
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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
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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
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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
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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)
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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)