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Ord 90-031�� 0072.20002 WDT/rin 02/02/90 � ORDINANCE NO. 90-31 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO SURFACE WATER MANAGEMENT DRAINAGE REVIEW. THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Purnoses. The City Council finds this ordinance is necessary in order to promote the public health, safety and welfare by providing for the comprehensive management of surface and storm waters and erosion control, especially that which preserves and utilizes the many values of the City's natural drainage system. Section 2 Definitions. A. "Basin" means a drainage area which drains directly to Puget Sound. y B. "Basin Plan" means a plan and all implementing regulations and procedures including but not limited to land use management adopted by ordinance for managing surface and storm water manaqement facilities and features within individual sub-basin. C. "Bond" means a surety bond, cash deposit or escrow account, assignment of savings, irrevocable letter of credit or other means acceptable to or required by the WDT017820 -1- ORIGINAL WDTOl7820 () r Public Works Director to guarantee that work is completed in compliance with the project.s engineering plan and in compliance with all City requirements. D. "Closed depression" means an area of the City which is low-lying and either has such a limited, no. or surface water outlet that during storm events the area acts as a retention basin, holding water that has a surface area of more than five thousand square feet at overflow. E. "Department" means the department of public works. F. "Design storm" rainfall means (or other a precipitation) event or pattern of events for use in analyzing and designing drainage facilities. G. "Development" for the means purposes of this document any activity that requires a approval, including but not limited to permit, grading permit. shoreline permit or a building substantial development permit, conditional use permit, unclassified use permit. zoning variance or reclassification, planned unit development, subdivision. short subdivision, master plan development, building site plan, or right-of-way use permit. -2- WDTOl7820 n r H. "Director" means the director of the department of public works or the director's designee. I. "Drainage" the collection, means conveyance, containment and/or discharge of surface and storm water runoff. J. "Drainage facility" means the system of collection, conveying and storing surface and storm water runoff, Drainage facilities shall include but not be limited to all surface and storm water conveyance and containment facilities including streams, pipelines, channels, ditches, lakes, wetlands, swamps, closed depressions, infiltration facilities, retention/detention facilities, erosion/sedimentation control facilities and other drainage structures and appurtenances, both natural and manmade. K. "Drainage review" means an evaluation by City staff of a proposed project's compliance with the drainage requirements in the Surface Water Design Manual. L. "Erosion/sedimentation control" means any temporary or permanent measures taken to reduce erosion, control siltation and sedimentation, and ensure that sediment- laden water does not leave the site. -3- WDTO17820 n r M. "Infiltration facility" means a drainage facility designed to use the hydrologic process of surface and storm water runoff soaking into the ground, commonly referred to as percolation, to dispose of surface and storm water runoff. N. "Impervious surface" hard means surface a area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of surface and storm water. Open, uncovered retention/detention facilities shall not be considered as impervious purposes surfaces for the of this ordinance. O. "Improvement" means streets (with or without curbs or gutters) sidewalks, crosswalks, parking lots, water -4- WDTOl7820 n r mains, sanitary and storm sewers, drainage facilities, street trees and other appropriate items. p, "Master Drainage Plan" a comprehensive means drainage control plan intended to prevent significant adverse impacts to the natural and manmade drainage system, both on and off-site. Q. "Multifamily/commercial retention/detention facility" means a retention/detention facility which is not subdivision retention/detention a facility as defined in this ordinance. R. "Preapplication" for the purposes of this ordinance refers to the meeting(s) and/or formes) used by applicants for development permits some to present initial project intentions to the City. preapplication does not mean application. s. "Professional civil engineer" means a person registered with the state Washington of as a professional engineer in civil engineering. T. "Project" means the proposed action of a permit application which approval requires or an drainage review. -5- n r u. "Retention/detention facility" means a type of drainage facility designed either to hold water for a considerable length of time and then release it by evaporation, plant transpiration and/or infiltration into the ground; or to hold runoff for a short period of time and then release it to the surface and storm water management system. v. "site" means the portion of a piece of property that is directly subject to development. w. "Subdivision retention/detention facility" means a retention/detention facility which is both located within or associated with a short or formal subdivision containing only single-family or duplex residential structures located on individual lots and which is required to handle excess runoff generated by development of an area of which two-thirds or more is designated for single-family or duplex residential structures located on individual lots. x. "Surface and storm water" means water originating from rainfall and other precipitation that is found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes and wetlands as well as shallow ground water. The Term "runoff" is synonymous. WDTOl7820 -6- WDTOl7820 r; r Y. "Surface and storm water management system" means drainage facilities and any other natural features which collect, store, control, treat and/or convey surface and storm water. x. "Surface Water Design Manual" means the manual (and supporting documents as appropriate) describing surface and storm design water and analysis requirements, procedures guidance and which is hereby adopted by reference. A copy of the manual is on file in the office of the City Clerk for use and examination by the public. AA. "Water quality swale" open vegetated means an drainage channel intended optimize to water quali ty treatment of surface and storm water runoff by following the specific design criteria described in the Surface Water Design Manual. BB. "Wetponds" and "wetvaults" mean drainage facilities for water quality treatment that contain a permanent pool of water, usually four feet in depth, that are filled during the initial runoff from a storm event. They are designed to optimize water quality by providing retention time (on the order of a week or more) in order -7- WDTO17820 n r- to settle particles out fine of sediment to which pollutants such as heavy metals absorb, and to allow biologic activity to occur that metabolizes nutrients and organic pollutants. For wetvaul ts the permanent pool of water is covered by a lid which blocks sunlight from entering the facility, limiting the photo-dependent biologic activity. Section 3. Drainaqe Review - When Required. A. Permits. A drainage review is required for any proposed project requiring of permits the one or approvals listed in section 3 of this ordinance which would: 1. Add more than five thousand square feet of new impervious surface; or 2. Collect and concentrate surface and storm water runoff from a drainage area of more than five thousand (5,000) square feet; or 3. contain or abut a floodplain, lake, stream, wetland or closed depression, or a sensi ti ve area as defined by ordinance as determined by the Public Works Director. -8- B. The required n r will be following permits and approvals involves the planned actions listed in Section 3(A) of project to drainage the review if have a this ordinance. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. section submittal commercial building; conditional use; Formal subdivision (plat); Grading; Master plan development; Planned unit development; Residential building; Right-of-way use; Shoreline substantial development; Administrative subdivision (short plat); Special use; Unclassified use; Zoning reclassification; and/or Zoning variance. 4. Enqineerinq contents. Plan definitions and specifications procedures, All for the required contents of engineering plans are presented in the plan review process section of the Surface Water Design Manual. Section 5. A. Core Drainaqe Review - Reauirements. Requirements. permit Every or approval application with drainage review required by Section 3 WDTO17820 -9- WDTOl7820 n ,7 r must meet each of the following core requirements which are described in the Surface Water Design in detail Manual: 1. Core Requirement #1: Discharge at the natural location. The discharge from a project site must occur at the natural location and/or produce no significant impact, adverse described in the as Surface Water Design Manual. 2. Core Requirement #2: All Off-site analysis. projects identify must the upstream tributary drainage area and perform a downstream analysis. Levels of analysis required depend on the problems identified or predicted. At a minimum, a level one analysis as described in the Surface Water Design Manual must be submitted with the initial permit application. 3. Core Requirement All #3: Runoff control. projects shall provide runoff controls to control the quantity and quality of runoff from the project by limiting the peak rates of runoff from design storm events to the predeveloped peak rates based on the project site's existing runoff conditions. The design volume, when detention facilities are -10- WDT017820 n r required by the Surface Water Design Manual to meet the standard runoff control performance curve for the two-and ten-year, twenty-four hour duration design storm events, shall be increased by a thirty percent factor for safety. This factor of safety shall be reviewed as new research is completed to evaluate its effectiveness. Project runoff resulting from more than five thousand (5,000) square feet of impervious surface, and subject vehicular to storage of use or chemicals, shall be treated prior to discharge from the project as site biofiltration by measures specified in the Surface Water Design Manual. 4. Core Requirement #4. All Conveyance system. conveyance systems for projects must be analyzed, designed existing and constructed for tributary off-site flows and developed on-site flows from the project. 5. Requirement Erosion/sedimentation #5. Core control plan. All engineering plans for projects that involve modification or significant impact to existing drainage facilities and/or construction of new drainage a plan to facilities include must -11- WDTO17820 () r control erosion during sedimentation and construction and to permanently stabilize soil at the site. 6. Requirement Core #6: Maintenance and operation. Maintenance of all drainage facilities constructed modified by project is the or a responsibility of the property owner as described in the Surface Water Design Manual, except the City performs maintenance facilities drainage of constructed for formal plat subdivisions, and some short plat subdivisions, two years after final plat recording following an inspection by the City. 7. Core Requirement and liabili ty. #7: Bonds All drainage (except facilities projects for downspout drain infiltration roof systems) must comply with the bond and liability requirements of section 9. B. Special core Requirements. addi tion to In the requirements, engineering plans must also meet any of the following special requirements which apply to the project and which are described in detail in the Surface Water Design Manual: -12- WDTO17820 n r 1. Special drainage Requirement #1: Critical area. If a project lies within an area designated by the Public Director Works a "critical as drainage area," then the project drainage review and engineering plans shall be prepared in accordance with area special critical drainage requirements that have been formally adopted by the Public Works Director. 2. Special Requirement No.2: Compliance with an existing master drainage plan. If a project lies within covered by approved master an area an drainage plan, then the project drainage review and engineering plans shall be prepared in accordance with special requirements of the master any drainage plan. 3. Special Requirement #3: Conditions requiring a master drainage plan. If a project: a) Is master planned development a as described in an adopted comprehensive plan or other ordinance; or b) subdivision will Is that eventually a have more than one hundred single-family lots -13- WDTO17820 n l r and contiguous drainage sub- encompasses a basin of more than two hundred (200) acres; or c) commercial building Is permit a or planned unit development that will eventually construct fifty acres of than (50) more impervious surface; or d) will area of more than five clear an hundred (500) acres, then a master drainage plan shall be prepared as specified in the Surface Water Design Manual and submitted with the Environmental (SEPA) Policy state Act checklist. Approval of the master drainage plan is required before permit approval. 4. Special or Requirement #4: basin Adopted community plans, If a project lies within an area included in an adopted basin or community plan, then the project drainage review and engineering plans shall be prepared in conformance with the special requirements basin of the adopted or community plan. 5. Special Requirement #5: Special water quality controls. If a project will construct more than -14- WDTO17820 n r one acre of impervious surface that will be subject to vehicular use or storage of chemicals and a) Proposes to discharge runoff directly to a regional body, facility, receiving water lake, wetland, or closed depression to provide the runoff consistent control with Core Requirement #3; or b) The runoff from project the will discharge into a Type 1 or 2 stream, or Type 1 wetland within one mile from the proj ect site; then a wetpond meeting the standards as specified in the Surface Water Design Manual shall be employed to treat a project's runoff prior to discharge from the project site. A wetvault or water quality swale may be used when a wetpond is not feasible. 6. Special plate Requirement #6: Coalescing oil/water separators. If a project will construct more than five acres surface that of impervious will be subj ect to petroleum storage or transfer, or high vehicular (more than twenty-five hundred (2,500) vehicle trips per day) or heavy equipment use, storage maintenance, a coalescing than or -15- WDTO17820 r) r plate or equivalent oil/water separator shall be employed project's to treat prior runoff to a treatment by a wetpond, wetvault, or water quality swa1e, and/or discharge from the project site. 7. Special Requirement #7: Closed depressions. If a project will discharge to an existing closed depression either site off the that has on or greater than five thousand (5,000) square feet of surface potential the at overflow, then area project's drainage review engineering and plans must meet the requirements for closed depressions as specified in the Surface Water Design Manual; 8. Special Use Requirement #8: of lakes, wetlands depressions runoff closed for or control. If a project proposes to use a lake, wetland, or closed depression for runoff controls required by Core Requirement # 3, then the proj ect must requirements 21.54 meet the of K.C.C. (Sensitive Areas) include special for such use, water quality controls, and observe the limits on any increases to the floodplain as specified in the Surface Water Design Manual; -16- WDTO17820 () r 9. Special Requirement #9: Delineation of one hundred year floodplain. If a project contains or abuts a stream, lake, wetland or closed depression, then the one hundred year floodplain boundaries and floodway if available based an approved on floodplain study as specified in the Surface Water Design Manual shall delineated be on the site improvement plans and profiles and on any final plat maps prepared for the project; 10. Special Requirement #10: Flood protection for Type land 2 streams. If a project contains or abuts Type 1 or 2 stream (as defined in the a Surface Water Design Manual) that has an existing flood protection facility or involves construction of modification existing of flood a new, or protection facility, then the flood protection facility shall be analyzed designed and/or as specified in the Surface Water Design Manual and in the Federal Emergency Management (FEMA) regulations (44 CFR). 11. Special Geotechnical Requirement #11: analysis and report. If project includes a construction of a pond for drainage control or an infiltration (excluding system roof downspout a -17- WDTO17820 () r system) above slope steep (as defined in the a Surface Water Design Manual) within two hundred (200) feet from the top of the steep slope or on a slope with a gradient steeper than fifteen percent (15%), or construction of earth fill/bank armor for flood protection facilities, then a geotechnical analysis and report shall be prepared and stamped by a geotechnical professional civil engineer that shall address at a minimum the analysis described in the Surface Water Design Manual; 12. Special Requirement #12: Soils analysis and report. If the soils underlying a project have not been mapped, or if the existing soils maps are in error or not of sufficient resolution to allow the proper engineering analysis for the proposed site to be performed, then a soils analysis and report shall be prepared and stamped by a professional civil engineer with expertise in soils to verify and/or map the underlying soils by addressing at a minimum the analysis described in the Surface Water Design Manual. c. variances From Requirements. Where application of the provisions of this section may deny reasonable use of special property, the and requirements a core -18- WDTO17820 n r contained in this section and/or other requirements in the Surface Water Design Manual may be proposed for a variance. A variance may be proposed provided that the resulting development shall be subject to all of 1. the remaining of this conditions terms and ordinance and provided that granting the variance will: a) compensating or comparable Produce a result which is in the public interest, and b) Meet the objectives of safety, function, appearance, environmental and protection maintainability based upon sound engineering judgment. 2. variance processed in be requests shall accordance with procedures specified in the Surface Water Design Manual. 3. Proposed variances to the core and special requirements prior to permit be approved must approval and construction. -19- () ; r 4. The applicant may appeal the denial of a variance request by following the appeal procedures as specified in the Surface Water Design Manual. Section 6. Critical Drainaqe Areas. Development in critical flood, drainage and/or erosion areas. Development in areas where the Public Works Director has determined that the existing flooding, drainage, and/or erosion conditions present an imminent likelihood of harm to the welfare and safety of the surrounding community shall meet special drainage requirements set by the Public Works Director, until such time as the community hazard is alleviated. Such conditions may include the limitation of the volume of discharge from the subject property to predevelopment levels, preservation of wetlands or other natural drainage features, or other controls necessary to protect against community hazard. Where applications of the provisions of this section will deny all reasonable uses of the property, the restriction of development contained in this section may be proposed for a variance, provided that the resulting development shall be subject to all of the remaining terms and conditions of this ordinance Section 7. Enqineerinq Plans Procedures for Submittal. A. Where to Submit. All engineering and master drainage plans shall be submitted to the Public Works Director. WDTOl7820 -20- " , , r B. Expiration. The expiration time frames as specified in the Surface Water Design Manual will apply to all permit and approval applications. C. Processing. All plans will be processed in accordance with the review procedures specified in the Surface Water Design Manual. Section 8. Procedures and Conditions Related to Construction Timina and Final Accroval. A. No work related to permanent or temporary storm drainage control shall proceed without the approval of the Public Works Director. B. Erosion/sedimentation control measures associated with both the interim and permanent drainage systems shall be: 1. Constructed in accordance with the approved plan prior to any grading or land clearing other than that associated with the erosion/sedimentation control plan; 2. Satisfactorily maintained until all improvements, restoration, and landscaping associated with the permit and/or approval listed in Section 3 are completed and the potential for on-site erosion has passed, WDTO17820 -21- r) r c. Prior to the construction of any improvements and/or buildings on the site, those portions of the drainage facilities necessary to accommodate the control of surface and storm water runoff discharging from the site must be constructed and in operation. SUBDIVISIONS ONLY: Recording may occur prior to the construction of drainage facilities when approved in writing by the Public Works Director only to minimize impacts that may result from construction during inappropriate times of the year. section 9. Bonds and Liabilitv Insurance Reauired. The Public Works Director is authorized to require all persons constructing retention/detention facilities and other drainage facilities to post bonds. Where such persons have previously posted, or are required to post, other such bonds either on the facility itself or on other construction related to the facility, such person may, with the permission of the Public Works Director and to the extent allowable by law, combine all such bonds into a single bond, provided that at no time shall the amount thus bonded be less than the total amount which would have been required in the form of separate bonds; and provided further that such a bond shall on its face clearly delineate those separate bonds which it is intended to replace. A. Drainage Facilities Restoration and site stabilization Bond. Prior to commencing construction, WDTOl7820 -22- n / r the person required to construct the drainage facility pursuant to Section 5 shall post a drainage facilities restoration and site stabilization bond in the amount sufficient to cover the cost of corrective work on or off the site which is necessary to provide adequate drainage, stabilize and restore disturbed areas, and remove sources of hazard associated with work which has been performed and is not completed. After determination by the Public Works Director that all facilities are constructed in compliance with approved plans, the drainage facilities restoration and site stabilization bond shall be released. The city may collect against the drainage facilities restoration and site stabilization bond when work is not completed in reasonable fashion and is found to be in violation of the conditions associated with the permit and/or approval listed in section 3. It is the Public Works Director's discretion to determine whether the site is in violation of the requirements of this ordinance, and whether the bond shall be collected to remedy the violation. Prior to final approval and release of the drainage facilities restoration and site stabilization bond, the Public Works Director shall conduct a comprehensive inspection for the purpose of observing that the retention/detention facilities and other drainage facilities have been constructed according to plan, applicable specifications and standards. WDTO17820 -23- n r B. Defect and Maintenance Bond. After satisfactory completion of the drainage facility or final plat approval, whichever occurs last, the person required to construct the facility pursuant to this ordinance shall post a defect and maintenance bond warranting the satisfactory performance and maintenance of the drainage facility and guaranteeing the workmanship and materials used in the construction of the facility for a period of two years. For subdivision retention/detention facilities that the City may assume maintenance of pursuant to section 10, the defect and maintenance bond shall be posted for a period of two years or until the City assumes maintenance, whichever is longer. The Public Works Director shall not release the defect and maintenance bond until all inspection fees are paid. C. Failure to Complete Proposed Work. In the event of failure to comply with all the conditions and terms of the permit and/or approval covered by this ordinance, the Public Works Director shall notify the permittee and surety in writing, and failing to obtain response within seven days from the receipt of notification may order the work required to be satisfactorily completed or perform all necessary corrective work to stabilize and restore disturbed areas and eliminate hazards caused by WDTO17820 -24- n r not completing the work. The surety executing such bond shall continue to be firmly bound up to the limits of the bond, under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the city in causing any and all such required work to be done. In no event shall the liability of the surety exceed the amount stated in the bond regardless of the number of years the bond remains in force. D. Liability Policy. The person required to construct the facility pursuant to Section 5 shall maintain a liability policy in the amount of five hundred thousand dollars ($500,000) per individual, five hundred thousand dollars ($500,000) per occurrence and one hundred thousand dollars ($100,000) property damage, which shall name the city as an additional insured, and which shall protect the City from any liability up to those amounts for any accident, negligence, failure of the facility, or any other liability whatsoever, relating to the construction or maintenance of the facility. Proof of said liability policy shall be provided to the Public Works Director prior to commencing construction of any drainage facility, provided that in the case of facilities assumed by the city for maintenance pursuant to Section 10, said liability policy shall be terminated when said city maintenance responsibility commences. WDTO17820 -25- f1 r section 10, Maintenance of Subdivision Retention/ Detention Facilities. Maintenance of all subdivision retention/detention facilities shall remain the responsibility of the person required to construct the retention/detention facilities until all the conditions of this section has been met. EXCEPTION: A retention/detention facility located within and servicing only an individual lot shall not be accepted by the City for maintenance and will remain the responsibility of persons holding title to the property within which the facility is located. Only after all of the following conditions have been met shall the City assume maintenance of the subdivision retention/detention facility: A. All of the requirements of section 9 have been fully met; B. All necessary easements or tracts entitling the City to properly maintain the retention/detention facility have been conveyed to the city and boundary survey stakes established. C. The Public Works Director has conducted an inspection and determined that the facility has been WDTO17820 -26- r) r properly maintained and is operating as designed. This inspection shall occur two years after posting of the defect and maintenance bond. Section 11. Hazards. Whenever the Public Works Director determines that any existing construction site, erosion/sedimentation problem and/or drainage facility poses a hazard to life and limb, endangers any property and/or adversely affects the condition or capacity of other drainage facilities, the safety and operation of City right-of-way, utilities and/or other property owned or maintained by the city, the person to whom the permit was issued pursuant to section 3, the owner of the property within which the drainage facility is located, the person responsible for maintenance of the facility and/or other person or agent in control of said property, upon receipt of notice in writing from the Public Works Director shall within the period specified therein repair or otherwise address the cause of the hazardous situation in conformance with the requirements of this ordinance. Should the Public Works Director have reasonable cause to believe that the situation is so adverse as to preclude written notice, he may take the measures necessary to eliminate the hazardous situation, provided that he shall first make a reasonable effort to locate the owner before acting. In such instances the person of whom a drainage plan was required pursuant to section WDTO17820 -27- r) r 3, the owner of the property and/or the person responsible for the maintenance of the facility shall be obligated for the payment of all costs incurred. If costs are incurred and a bond pursuant to this ordinance or other city requirement has been posted, the Public Works Director shall have the authority to collect against the bond to cover costs incurred. Section 12. Administration. The Public Works Director is authorized to promulgate and adopt administrative rules and regulations for the purpose of implementing and enforcing the provisions of this ordinance. A. Inspections. The Public Works Director is authorized to make such inspections and take such actions as may be required to enforce the provisions of this ordinance. B. Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this ordinance, or whenever the Public Works Director has reasonable cause to believe that violations of this ordinance are present or operating on a subject property or portion thereof, the Public Works Director may enter such premises at all reasonable times to inspect the same or perform any duty imposed upon the Public Works Director by this ordinance, provided that if such premises or portion thereof is occupied, he shall first WDTO17820 -28- n r make a reasonable effort to locate the owner or other person having charge or control of the premises or portion thereof and demand entry. c. Access. Proper ingress and egress shall be provided to the Public Works Director to inspect or perform any duty imposed upon the Public Works Director by this ordinance. The Public Works Director shall notify the responsible party in writing of failure to comply with the said access requirement. Failing to obtain a response within seven days from the receipt of notification and Public Works Director may order the work required completed or otherwise address the cause of improper access. The obligation for the payment of all costs that may be incurred or expended by the City in causing such work to be done shall thereby be imposed on the person holding title to the subject property. section 13. Applicabilitv to Governmental Entities. All municipal corporations and governmental entities shall be required to submit a drainage plan and comply with the terms of this ordinance when developing and/or improving land including, but not limited to, road building and widening, with the exception of drainage projects involving the city. Section 12. Severabilitv. If any provision of this ordinance, or its application to any person or circumstances is held invalid, the remainder of this ordinance and the application WDTO17820 -29- () r of the provisions to other persons or circumstances shall not be affected. Section 13. Effective Date. This ordinance shall be effective as of the date of incorporation, February 28, 1990, which is more than five (5) days after publication of an approved summary consisting of the title to this ordinance. PASSED by the city council of the City of Federal Way this 13th day of February, 1990. CITY OF FEDERAL WAY (j)~~A C7;:/ MAYOR, DEBRA ERTEL ATTEST/AUTHENTICATED: /!ltl-fL~/ 1/ ~a:d_ CITY CLERK, DE LORE A. MEAD APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: _.-~ BY~' 10. (I JIJ-J FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: 2/16/90 EFFECTIVE DATE: February 28, 1990 ORDINANCE NO. 90-31 2/6/90 2/13/90 WDT017820 -30- . ' .' -". . '~ , . \ 14 15 16 17 18 19 20 21 22 i I 23 24 25 26 27 28 I 29/ 30 31 32 --, " II v' I . . ,} .,.. (!/9 0' C/O"dJ. 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 5 Federal Way have voted to become an incorporated city, and 6 WHEREAS, King County has a Surface Water Management Program supported by a service charge on developed properties in unincorporated King County, 7 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 Charge, and 11 12 WHEREAS, the parties agree that continuation of comprehensive surface 13 water management services is beneficial to the residents and environment in 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 WHEREAS, Federal Way and King County agree on the services to be provided through 1990, and the collection of revenue to support those services, and WHEREAS, Federal Way may choose to extend the agreement for Surface Water Management services through 1991, and WHEREAS, by entering into an agreement for continuation of existing services, Federal Way will have the opportunity to make long term decisions about delivery of drainage services, and WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, the parties are each authorized to enter into an agreement for cooperative action; ORIGINAL (F/AI:ILA5) -1- 2/5/90 I~ , . 28 291 30 31 32 i' I,' ~/ . . 1 NOW THEREFORE, in exchange for the mutual promises made herein, the 2 parties hereto agree as follows: 3 1. The purpose of the agreement is: A.To provide the residents of the City with the continuation 4 5 of drainage related services and the revenue necessary to support the services, through the Surface Water Service 6 7 Charge. 8 B. To establish a means whereby the County can act as the City's 9 agent, continuing to collect the service charge for the 10 City. C. To define and establish the type of services which will be delivered in the City by the County. 11 12 II. Authority to Act 13 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 14 15 16 17 18 set out in King County Code, Chapter 9.08. 19 III. Definitions 20 A. "Surface Water Management Program" (SWM Program) is the 21 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 QD...5/ J- Q6.-3.? 22 23 24 25 B. "Service Charge" is the charge collected from property owners in the City. The service charge rates are as shown in 26 27 Exhibit 4 to this Agreement. C. "Servi ce Area" refers to areas where the County coll ects a service charge and d:l;vers 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. (F/AI:ILA5) -2- 2/5/90 21 22 231 24 25 26 27 28 29 30 31 32 , '., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I 15 II 16 17 181 19 20 (F/AI:ILA5) IV. . e " , ' " D. "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. Ki ng 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 to this agreement. Specific Discretionary Services will be decided upon on or before July 30, 1990. 3. The County will provide the City with information about delinquent accounts. 4. The County will, in consultation with the City, prepare additional agreements as necessary, addressing the cooperative management and construction of any capital improvement projects selected by the City as part of the Discretionary Services. 5. King County and Federal Way will enter into a separate agreement for the cooperative management of the Hyiebos Basin Plan and to share the costs associated with the Plan. -3- 2/5/90 26 27 281 29 30 31 32 ; I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (F/AI:ILA5) " e e B. 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 3. incorporation. 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. 4. The City will adopt such policies and procedures as are required for delivery of the specific and agreed upon Discretionary Services. -4- 2/5/90 27 28, 29 30 31 32 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 181 19 20 21 22 231 ' 24 25 26 (F/AI:ILA5) v. e e '. 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 the cost of Base Services, Exhibit 2, attached to this agreement. B. Cost of Base Services 1. The cost for services shown in Exhibit 2 represents the estimated annual cost for 1990 for each service. The estimates account for the costs of direct services plus an administrative overhead charge. In 1991, the cost of services will be adjusted to reflect cost-of-living adjustments and any other economic adjustments adopted by King County in the 1991 Budget Process. 2. Differences between estimated expenditures for Base Services and actual expenditures will result in an adjustment to the funds available for Discretionary Services in the succeeding year. If, for example, in 1990, Base Services cost less than anticipated, the City will have more funds available for Discretionary Services in the following year. -5- 2/5/90 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151 16 17 181 I 19 20 21 221 231 e e C. Cost of Discretionary Services 1. The estimated costs for Discretionary Services are shown in Exhibit 3 to this agreement. 2. In 1990, Discretionary Services 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 VI. Administration of the invoice. 24 25 26 27 28 29 30 31 32 (F/AI:ILA5) A. The Manager of the King County Surface Water Management Division and the City's Director of Public Works or his/her respective designees, shall compose the administration and management of this joint cooperative program to continue drainage related services in the City. Provided that the City Manager will take the place of the City's Director of Public Works until the City fills this position. -6- 2/5/90 281 29 i 30 31 321 I 2 3 4 5 6 7 8 9 10 11 e e 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. VII. Effectiveness and Duration 12 13 14 15 16 17 181 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. 19 20 21 22 23 24 25 26 27 (F/AI:ILA5) A. This agreement may be amended, altered, clarified or extended only by written agreement of the parties hereto. B. The estimated costs and level of services as shown in Exhibits 2 and 3 are accepted by the parties as representing the best projections for service and cost available at the time of this agreement. 1. Changes in services as shown in Exhibits 2 and 3 to this agreement will be agreed to in writing by the administrators of the cooperative program and the signators to this agreement will be informed. 2. If the County must make changes in the level of services and the corresponding costs of these services, other than those discussed in Section V., the changes will be reported to the City before adjusting the annual budget -7- 2/5/90 10 11 12 13 14 15 16 17 181 19 20 Ii 21 I 22 23 24 25 26 27 I 2811 29 30 31 32 e e 1 and new estimates will be negotiated between the 2 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 3 4 5 6 accomplishment of said changes. 7 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 8 9 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. IX. 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, suitt 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 (F/AI:ILA5) -8- 2/5/90 10 11 12 13 14 15 161 17 18 19 20 I 21 22 23 24 25 26 27 28 I ~J ,;, 30 31 32 :1 3 4 5 6 7 8 9 (F/AI:ILA5) e e 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 suit based upon such a claim, action, loss, or damage is brought against the County or the City and the County, the City shall defend the same at its sole cost and expense; and, if final judgment be rendered against the -9- 2/5/90 ~ . e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 I 22 I I' 23 241 25 26 27 281 29/ 30 31 32 County and its officers, agents, and employees, or jointly against the County and the City and their respective officers, agents, and employees, the City shall satisfy the same. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above mentioned. , King County Executive FEDERAL WAY: (F/AI:ILA5) -10- 2/5/90 j! e e EXHIBIT 1 DESCRIPTION OF CONTRACT SERVICES King County wi I I 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 wi I I first be al located to base services, with remaining revenues al located 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 fol lowing: o Planning: Completing the development of the Hylebos/Lower puget Sound Basin Plan. o Maintenance: Continuing a program of routine and emergency maintenance for drainage facl I Itles within the City. o Regulation: Providing technical expertise for existing lawsuits, claims for damage, and other regulatory actions. o Financial Administration: Continuing the bl I ling of SWM service charges and collecting the revenues for the City. o 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 al located 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: o Planning: Assisting the City In developing a surface water uti I ity program, using the Draft Hylebos/Lower Puget Sound Basin Plan as a basis for projecting program needs and services. o Capital Improvements: Designing and constructing capital facl I Ities based on urgent needs and as identified In the implementation section of the Draft Hylebos/Lowr puget Sound Basin Plan (anticipated In December 1990). o Maintenance: Providing maintenance to conveyance systems (e.g., pipes, ditches, catch basins) located within the road right-of-way. o Regulation: Enforcing City-adopted drainage regulations that fal I outside of the land use and building permit process. o Publ Ie 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 stenel ling projects, and water qual ity monitoring programs). F/AI:ILA5-EXl Lon. I.L LI.L I .,.. ., ,( ~ KING COUNTY 4It . SURFACE WATER MANAGEMENT . SERVICES CHARGES There are two types of service charges -- the flat rate and the sliding rate: - The flat 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 al I 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 wi I I automat leal Iy be assigned to those who Qualify: - An exemption 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) facl I Ity maintained by the owner. - A discount for any parcel (or part of a parcel) officially designated as open space. RATE TABLE tt3-Llght Percent Imperv I,ous Surface Annual Service Charge N/A $ 29.89 (regardless of size)* more than 0%, less than 10% $ 29.89 (regardless of size) 10% up to 20% $ 60.83/acre** more than 20%, up to 45% $126.01/acre** more than 45%, up to 65% $243.33/acre** more than 65%, up to 85% $308.51/acre** more than 85%, up to 100% $404.10/acre** Rate Category tt1-Resldentlal: Single-Family Home #2-Very Light #4-Moderate I #5-Moderately Heavy I I tt6-He a vy I I I tt7-Very Heavy I I * The maximum annual service charge for mobile home parks shall be $29.89 times the number of mobile home spaces. (Per King County Ordinance 8626, adopted 8/22/88.) In addition to the charge per acre, there is also a processing charge of $3.82 per service charge bill. ** RATE ADJUSTMENTS Any person receiving a bill may file a request for a service charge rate adjustment with the Surface Water Management Division within three years of the bi I I ing date. (Filing a request will not extend the payment period, however.) You should fi Ie 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 cal I 296-6519. (F/AD:l-l) , ... . . EXHIBIT 3 Print Date II-Jan-90 (file: FEDVAY~ 1/3/90) ATTACH~ENT B: FEDERAL VAY SERVICE CONTRACT DISCRETIONARY SERVICES NOTES/ASSUftPTIONS 1990 1991 TOTAL DISCRETIONARY SERVICES 1. PLANNING --Drainage Studies --Utility Proqru Dmlopmt --Slrm Gaging 36,000 Assules a lotal of five studies. 130,000 Based on cOlparable cost for City of Tuk.ila. ~,OOO ftonitor and laintain 2 gages. 20,000 o 3,000 16,000 130,000 3,000 23,000 172,000 Sublolal 149,000 2. ftAI NTENANCE --In Road Conveyance Systels 584,000 Refer to note under 'General Assulptions' below. 1,19~,1~1 ft. of systel (pipe l ditch) l 5,4~2 catchbasins laintained in '90 l '9: 85,000 Cily's cost of sedilenl disposal and water treatlenl. 1~,000 Assules 20 responses per year (elcluding equiplenl). 292,000 292,000 --Vater QUility Facilities --Elergency Spill Clean Up 81,000 8,000 4,000 8,000 Subtolil 381,000 304,000 685,000 3. RE6ULATI ON --Non-perlit Enforcelent Actions 44,000 Based on bislorical service levels. 26,000 18,000 4. PUBLIC INYOLVEftENT --Collunity action grants, streal clean-up activities, and related volunteer prograls 29,000 Based on cost of existing progral. 13,000 1~, 000 5. FINANCIAL ADftlNISTRATION --Engineering Support For New Accounts 9,000 Technical support for updating, adjusting, adding revenue accounts. 4,000 5,000 6. CAPITAL IftPROVEftENTS --ftajor Capital Projects --Streal Restoration Projects --Sial I-Scale Drainage Projects 6,328,000 16 projects in Federal Vay. 434,000 Alount reserved for streal restoralion. 40,000 Alount reserved for stall-scale projects. 2,722,000 217,000 20,000 3,606,000 m,ooo 20,000 3,843,000 2,959,000 ~,80Z,000 Subtotal TOTAL DISCRETIONARY SERVICES 4,416,000 3,325,000 7,741,000 GENERAL ASSUftPTIOHS - Assules revenues and costs for 10 lonths in 1990 and 12 lonths in 1991, with the exception of In-Road Conveyance Systels costs which are annual costs for both 1990 and 1991. - No inflationary costs are included in estilates. - The laintenance of In-Road Conveyance Systels is a cOlponent of the 'Basic Services' described in the Roads Division proposal for contract services in Federal Vay. The annual costs are listed above to highlight the City's opportunity to pay for these laintenance costs using revenues frol the surface water service cbarge. . ATTACH"EWT A (CONTINUEP): FEPERAL VAY SERVICE CONTRACT .......... -............ --........ --.......................................... --...................... TOTAL HYlEIOS BASIN PLAN COSTS 1988 1989 1990 -----......--- -------..--- ---..-----..- ----------- -----..----- N/A $186,321 Aclu1 Cosls m<,m 151,546 N/A Projected Cosls N/A $60,147 $316,156 Tolils 113<,775 1111,693 $316,156 1991 TOTAL $53,8~4 1430,147 ---------..- --..------.... ----------- ------..---- -......-..--...... --------....- .-..-------- -------..--- ----------- --..-------- 153,844 $616,468 fEPERAl VAY'S COST SHARE 1990 Projected Costs $263,463 1m fedml ~iY Shm it m 165,9S2 ----------- -------..--- ----------.. ----------- --------....- ----------- 1991 TOTAL $53,844 $3J7,307 xm xm 33,9Z2 199,904 GEHERAl ASSU~PlI0HS 1990 costs mum 10 tonths 1$263,463) of total 1990 mual cost of $316,156. . Federal Vay only p~ys for share of projected Plao costs in 1990 and 1991. . Feder~l Viy pirs 63, of 1990 ind 1991 costs based on the percentiqe of itpervious surface within the Hr1ebos Basin. . ~XHIBIT 2 (cont'd) txHllH I Z ATTACH~EWT A: rElr' WAY SERYICE COWTRACT --..------------ ---------------.---- REYENUES AN~ 6 SE SERVICES Print tile 10-JWvo.e: rmm 113190) I REYENUE ESmAlE Residentiil/Collerciil hdml Wir ROids Stitt HighwiTs BASE SERVICES ). PLANNING --Hr1ebos Bisin Plin 2. ftAIW[ENANCE --Insprr! Residenliil Firililies --Inspecl COllerciil Ficililies --~iintiin Residenliil FiCilities --Upgride Residentiil ririlities --~.in!iin Slorl Ficililies --Elergencr Response Subtotil 3. REGULATION --~riiniqe Liwsuits/Cliils t PUBLIC I NYOL VE~ENT --Priinige COlpliints/Inquiries 5. FINANCIAL mINISTRATION --One-Tile Srstel Setup --Ongoing Billir,g ind CollHtion Su b to ti! TOTAL BASE SERYICES REYENUES AYAIlABLE fOP. PISCRETIOHARY SERYICES GENERAL ASSU~PTIOH5 1990 !HI TOTAL NOIES/ASSU~PTIONS 762,000 J20,000 12,000 968,000 144,000 n,ooo 1,730,000 15,500 iCCounls 1990j 16,215 mounls 1991. 26~,000 Assules 213 liles lrinsfer 10 Cilr. 27,000 Assule Slite continues to pir fee for rOid surfices. B9~,000 1,127,000 2,021,000 200,000 Sised Ot ilpervious surfice; 63~ of '90 l '91 costs. 46,000 Assules cheCKed yeirlYi 1990-85 ficililiesj 1991-114 fi(ililies. 131,000 Assules cheCKed yeirlYi 1990-330 ficililiesj 1991-345 ficilities, 165,000 1990-85 ficilitiesj 1991-114 ficilities. 122,000 One-tile rost for 24 hcililies. 7,000 12 hcilities in 1990 ind 1991. 49,000 Assules 50 elergency liinlenince needs. 520,000 9,000 Engineering support ind elpert wilness testi.ony. H,OOO Based on bislori"l levels of iCtivitr. 39,000 One-tile fee piid over lwo yeirsj Feder.1 Wiy piyS ibout 50, of 101i1. 117,000 15,500 iccounls 1990; 16,275 iccounts 1991i ilso includes I, revenue collection fee br lbe Finme OfficE. 156,000 919,000 1,102,000 - Assules revenues ine costs for 10 .onths in 1990 ind 12 lonths in 1991. - No inflilioniry costs ire included in estilites. 166,000 H,OOO Z<,OOO 22,000 74,000 57,000 61,000 . 10~,OOO 122,000 0 3,000 4,000 22,000 27 ,000 306,000 214,000 4,000 5,000 16,000 18,000 19,000 52,000 20,000 65 I 000 71,000 B5,000 563,000 356,000 331,000 771,000 I I ,.'~ . dIl~(~9o e -~_.. f" f /~ L-t!..:; .~ t:LJ " / C~ ~~// ~s 70-:5/ ~ .. ol?/J f cJ - d-;P ~~f~~ {Jet) 7'D~ 107 /3 ICf (5- 1(P (7 tj? I ;f- /-7 ICi dl i:J':,\ c:;; 5- d0 .:3::2. :,; .~\ ,. to. · It ....,j r co c O:rj t, 1:') ~ :;1:' - t- O' r". ~ F~~ z c:: (') ...""" -0 t'J >- 1'>.... N <.-'":'. ~ c- o_ I." ('; .... ~ 0 :JJ .....OJ I.. ~ :""'> r.... .....:t .-' L <> King County Surface Water Management Division Department of Public Works Yesler Building 400 Yesler 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 @ "1,C:,CI~1I10 . , @) . e - r~ i:JGtofL v 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.' C--~) March 13, 1992 f': PUBL1,C'\ tOft Mr. Cary Roe Surface Water Manager City of Federal Way 33530 First Way South Federal Way, WA 98003-6210 RE: 1992 Contract Services Agreement Dear Mr~~A~/ Enclosed are t~-o~inals of the interlocal agreement between King County and the City of Federal Way. The County Executive signed the agreement and has returned it for distribution. 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 @ IIECYCLED "APE" . . e " Killg' Cil\1Jlty Su/"fan' "'all'/" Manag'l'I1H'llt Didsioll J It'pilt'!nH'11l oll'nhlic \\'ork, :-:W !Jexter Hortoll Bllilrling :-lCi Secolld Al'l'lllle Scattle. Wa,hingtol1 Vl'.l(I.j (2()(;) 296-(;585 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 provi di ng for coll ecti on of the City IS drai nage servi ce 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. Si ncerely, /(wi~ If-or Jim Kra~;?J 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 '. . ", - .. .../ J ) + . '"' - " (. ,,", ", e . . . + . 90 _...z./d) " ... , 'I /)-6- , II INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY 1 i This agreement is made and entered into by and between the City of Federal 2 Way, hereinafter called "Federal Way", and King County, hereinafter called "King County", to allow for the collection and disbursement of surface 3 4 water management service charge revenue and for the provision, by King County, of certain service water management related services to Federal Way WHEREAS, King County and Federal Way share interest in managing storm and surface water runoff in order to protect property, lives and the 5 6 7 8 environment, and 9 WHEREAS, King County has provided surface water management services 10 along with billing and collection services to Federal Way from the time of 11 incorporation as a city, and 12 I WHEREAS, Federal Way is now able to provide drainage related 13 operations and maintenance services to City residents and property owners, 14 and 15 WHEREAS, Federal Way wishes to retain King County's billing and collection services and to avail itself of needed technical support services which will be negotiated annually through both jurisdiction's budget process, and WHEREAS, King County is able to continue providing certain technical 16 17 18 19 20 support services on an as-needed basis when those services have been 21 negotiated in advance, and 22 WHEREAS, King County has a fully developed automated billing system 23 which can be used for other jurisdiction's billings when an interlocal agreement is negotiated between the parties, and 24 25 WHEREAS, pursuant to RCW 39.34, the parties are each authorized to 26 enter into an interlocal agreement: 27 NOW THEREFORE, it is agreed by the parties as follows: 28 I. The purpose of this agreement is: 29 A. To enable Federal Way to utilize King County's billing and 30 collection services for the collection of a surface water 31 management service charge for the City. 32 ......... M24:11-8 - 1 - 12/11/91 ORIGINAL II 'J. . . . , .' ~ ~ 20 21 22 23 24 25 26 27 28 29 30 31 32 . . 1 B. To establish a means whereby the County can act as the City's 2 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. 3 4 5 6 7 II. The responsibilities of the parties are as follows: 8 A. Federal Way: 1. Federal Way has provided the legal authority for this 9 10 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 ~ity; 11 12 13 14 b. authorizes the County to collect surface water service 15 charges from City property owners; c. permits the County to act as the City's agent for service 16 17 charge collection and providing specific drainage services; 18 d. authorizes the City to reimburse the County for the costs 19 of collecting the service charge revenue, for providing requested specific drainage and administrative services. 2. 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 1s not limited to, the following: tax parcel account number; . total acreage; M24:11-8 - 2 - 12/11/91 II .. .. . . ,.. - . . t. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 . 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 resulting 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.S.2 of this agreement. 6. Federal Way will notify King County in writing when the City wants the County to provide technical services as set forth in the attached Annual Scope of Technical Support Services, including the schedule and estimated hours of service. B. 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 ch~rge amount for the property. b. King County will update the billing system by addin~ all new property tax accounts occurring in Federal Way and will forward a report on the new accounts to Federal Way. M24: 11-8 - 3 - 12/11/91 " . e e 1 2 2. King County will collect and distribute service charge revenue received from owners of property within the City, using the combined Property Tax and Drainage Billing Statement. 3. 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 County. 5. 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: A. Cost of Services: 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 serve to update the agreement when attached. 2. 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 collected by the County 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 M24:11-8 12/11/91 - 4 - .,~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 e e from Federal Way property owners will be paid to the Office of Financial Management. b. an annual per account Billing Services charge for basic activities 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 agreement as Exhibit B and incorporated herein. 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 invoice. IV. Administration 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- ble by this agreement. B. 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 providing service to Federal Way under this agreement. M24:11-8 - 5 - 12/11/91 ~ . :1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 , II . e . e D. The parties to this agreement will observe all public bidding procedures where applicable. V. Effectiveness and Duration: 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 December 31, 1997. VI. Amendments, Extension and Termination 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 being implemented. 2. 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 and the estimated cost are subject to approval through the budget process of each jurisdiction. 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 costs for service as set out in this agreement to the effective date of termination. M24: 11-8 - 6 - 12/11/91 II .. It a e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 VII. Hold Harmless and Indemnification King County shall indemnify and hold the City, its, agents, employees and officers harmless from and shall process and defend at its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims") brought against the City arising out of or incident to the execution of, performance of, or failure to per- form this contract; provided, however, that if such claims are caused by or result from the concurrent negligence of the County, its agents, employees and/or officers and the City, its agents, employees and/or officers, this 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 nothing in this section shall require the County to indemnify, hold 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 agents, employees or officers. Federal Way shall indemnify and hold the County, its agents, employees 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 any kind whatsoever (hereinafter "claims") brought against the County aris- ing out of or incident to the execution of, performance of, or failure to perform this contract; provided, however, that if such claims are caused by or result from the concurrent negligence of the City, its agents, employees 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 of the City, its agents, employees and/or officers; and provided further that nothing in this section shall require the City to indemnify, hold harmless, or defend the County, its agents, employees, and/or officers from any claims caused by or resulting from the sole negligence of the County, M24:11-8 - 7 - 12/11/91 . '. .. . II .- .. .. e . ..' 20 21 22 23 24 25 26 27 281 29 30 31 32 1 its agents, employees and/or officers. In the event the City or the County 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 2 3 4 shall be recoverable from the other party. 5 6 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above mentioned. 7 8 '9 Approved as to form: KING COUNTY 10 11 12 13 14 15 FEDERAL Way 16 Ot Qy)~ I ~ 'Z- ?] -(/j Z. 17 18 19 M24: 11-8 - 8 - 12/11/91 :..t e e 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 $ 5,376 1,191 Total Estimated Public Involvement Support $ 6,567 Environmental Mitiqation: Senior Ecologist, 90 hours $ 6,269 Regulation. Enforcement. Inspection (REI) Technical Support: Senior Engineer, 60 hours Engineer, 200 hours $ 4,388 $ 7,613 Total Estimated REI Support $12,001 TOTAL ESTIMATED COST OF 1992 SERVICES $24,837 M24:11-9.1 ,- . . ... " ''''.....,:,.. . . EXHIBIT B 1992 BILLING AND REVENUE COLLECTION SERVICES COST SUMMARY 1. Billing Service Charge: The King County Billing Service Charge includes the King County staff time, supplies and overhead required to collect and disburse the service charge revenue from properties located in Federal Way. The rate assumes certain basic services will be included in the staff time allocation. The cost of providing the following services is included in the cost per account: - customer service; - data input; research on new and existing accounts as set forth in Section II.B.l of the attached agreement; - processing of rate adjustments; - written responses, (i.e., letters); - computer analyst time. 1992 Cost per Account: $2.89 Estimated number of accounts - 19,117 $10~810 2. Finance Collection Fee (based on 1% of total revenue collected) Finance Collection fee assumes $1.08 million in 1992 revenue. Note: The Office of Financial Management Collection Fee, which is now billed by King County to Federal Way, may be automated during 1992. If so, revenue payments to Federal Way will have the fee withheld before transmittal. M24:1l-9.2 , p 1. ORIGINATING OEPT./DIV.: ~\kJ I SUJ ^^ 2. ORIGINATING STAF"F" PERSON: YyS ~--\- EXT: ~t';) 3. DATE RE.... Bv: -10/ iLl {91 4. TYPE OF" DOCUMENT RE",UESTED (CHECK ONE): D PROFESSIONAL SERVICES AGREEMENT D MAINTENANCE/LABOR AGREEMENT D PUBLIC WORKS CONTRACT D SMALL PUBLIC WORKS CONTRACT (Le.. THAN .:aBtDaD. D SECURITY DOCUMENT (I:.a., AGIIEEMENT lit Pc"../MAIN BOND; A..IIINMENT Dr FUND. IN LIEU OF' BOND) 6. D CONTRACTOR SELECTION DOCUMENT ~.D.. RF'B, RF'P, RF'I<II , ~:~TRACT AMENDMENT AG#: 96 - ~'3G! J ~;:~:ENT1 n.lev (D~_.~ VPe~e~.\- ~I trIAl ':5W~i'~~ 5. PRO.ECT NAM::UJd As neeroe(A- :Belw1 €e.Y1.J~ (';I...Jy ~ fu~~.:t " NAME OF" CONTRACTOR: ~l'\r'l. C(,l"l.v\"'~ IXJZ' f'>v ;:\n ~ i2e-.;A.tv....~ -- I 7t'XJ ~ A.ve ~w-le ~ PHONE: Clc(c.) Z9 "" - te"3"'(~ D PURCHASE AGREEMENT (MATER'ALA, .U~~UI:., E~UI"MENT. D REAL ESTATE PURCHASE & SALES AGREEMENT ADDRESS: TVPE OF" PERSON OR ENTITV (CHECK ONE): D INDIVIDUAL. ~S. E PROPRIETORSHIP D PARTNERSHIP D OR~ORATION SIGNATURE NAME: ~ 'l.s~VU',Ue STATE: TAX ID#/SS#: TITLE: t:Y,~p cLc,r ). 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. B. TERM: COMMENCEMENT DATE: 1/L(~ ~ COMPLETION DATE: 1Jetv\\~ 9. TOTAL COMPENSATION: $1.':11 ~U(';..I."J + tt C;rcA.S (INCLUDES EXPENSES AND SALES TAX, IF" ANV) U.. CALCULATED ON HDU.....Y LA.DR CHARliE. ATTAC 8CHEDULES OF' EMPLOYEE. TITLE8 AND HOURLY IlllATC.J REIMBURSABLE EXPENSES: DYES ~ ~ IF" VES, MAXIMUM DOLLAR AMOUNT: $ Is SALES TAX OWED? DYES IF VES, $ PAID BV: D CONTRACTOR DCITV 1 O. SELECTION PROCESS USED (CHECK ONEI: D REQUEST FOR BIDS D REQUEST FOR PROPOSALS D REQUEST F'OR "'UOTES D REQUEST FOR QUALIF'ICATIONS D ARCHITECT & ENGINEER LIST D SMALL WORKS ROSTER ~ \\\'d.S lq, ~~~~ \~~~. ~~ ~~~ ~O)~~ 11. C~~: R~VI~\ ~ECTO~ [}"" ~w (ALL CONTRACTSI ut'RISK MANAGEMENT ~A L CONTIlllACTS EXCIEPT AMENDMENTS, DNTIlllACTDR SELECTION DDCUMENT) PURCHASING INITIAL/DATE ApPROVED ~LAW DEPARTMENT .p. CITY MANAGER ~Y CLERK D SIGNED COPY SA~ TO ~2NA~ DEPT. D ASSIGNED AG # () ~ D PURCHASING: PLEASE CHARGE TO: INITIAL/DATE ApPROVED ~~jJ;; ~ If(.~~ <ji 12. CONTRACT SIGNATURE ROUTING ~~MENTSt I -1::'.l,p?'~e J.\nLafJ"cll~J Or;)'t""'71 \. oJvpe~lM.evt1;- ~1""V\3 uy'~v"p~l V'Pv~iDI'1.S. l..hJ.t" ..t-k~i CLotVrevt:\ ~li'''e<<M?M.~ ~')ive S iz/ 3l/ ~ 1. WHITE. ORIGINAL STAYS WITH CONTRACT CANARY. CLERK TO ST",,,,, PINK - LAW DEPT. GOLDENROD - ORIOINATINO BT""'''' L049Z (REV 6/95) i) e - King County Water and Land Resources Division Department of Natural Resources 700 Fifth Avenue, Suite 2200 Seattle, WA 98104-5022 (206) 296-6519 (206) 296-0192 FAX RECEIVED NOV 1 9 1997 FEDERAL WAY PUBLIC WORKS ADMINISTRATION DIVISION November 18, 1997 Jeff Pratt, P.E., Surface Water Manager City of Federal Way 33530 First Way South Federal Way, WA 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. ." Sincerely: ,,,,..... ~. \ Le~Anl1Merrill Intergovernmental Relations Coordinator Enclosures LAM:BL:lffiMI6 cc: Richard Rice, Billing Supervisor, Customer Account Services e e AG qo- 23cL AMENDMENT To THE INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY FOR THE PROVISION OF BILLING, COLLECTION, AND TECHNICAL SERVICES ENABLING THEAGREEMENT TO BEAUTOMATICALLY 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 from 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 ill.A. 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 afee 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. 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. 3. 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. Third, the stipulations in agreement Section VI.B. are covered in other sections of the agreement; therefore, Section VI.B. is deleted from the agreement by this amendment. All other provisions of the existing agreement shall remain unchanged and in effect. APPROVED AS TO FORM: , ~~ ~k~", \1~, . City Attorney, Londi K., Lindell ;rv- AFd('~ rAY I,Kenrreth 'E. J\I'y~ty Manager Pam Bissonnette, Di Natural Resources L2. /(Z./c;7 DATE tt(J.b(q) DATE . EDERAL ~ 33530 1ST WAY SOUTH - (253) 661-4000 FEDERAL WAY, WA 98003-6210 October 21, 1997 Lee Ann Merrill Intergovernmental Relations Coordinator King County Water and Land Resources Division 700 Fifth avenue, Suite 2200 :. Seattle, WA 98104 Subject: Amendment to the Interlocal Agreement for S~ifai:e' 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.1. from page 6 of the Interlocal Agreement. 2. Please add signature blocks for the City as follows: APPROVED AS TO FORM: City Attorney, Londi 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. :c y,\) ~ Jeflf' t~, ~,~ Surfal< ater Manager IP:jg enclosure cc: Richard Rice, Billing! Account Services Supervisor IclewmlRtunumd r "8 - ! ~ \9fJ f\/v9 RFrE1VED King County Water and Land Resources Division Department of Natural Resources 700 Fifth Avenue, Suite 2200 Seattle, WA 98104 (206) 296-6519 (206) 296-0192 FAX ~ r. ~ "(\97 ...l,.l -,! l;i ' September 17, 1997 FEDE~!~I~ Yltl~{P-fTBLTC WORKS ADJ\11..~. ~~)'.ri::l'.lT; {)l\f ['[\71310N Jeff Pratt, Surface Water Manager City of Federal Way 33530 First Way South Federal Way, W A 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 IIIA., 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 \Jl~ ~ ~ ~()-i 1- ~ ~ ~/~ f\ LAM:BL cc: Richard Rice, Billing and Account Services Supervisor .~, ....~ . .. i . . e e AMENDMENT To THE INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY FOR THE PROVISION OF BILLING, COLLECTION, AND TECHNICAL SERVICES ENABliNG THEAGREEMENT TO BEAUTOMATICALLY 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 from 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 ill.A. 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, 3. 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. Third, the stipulations in agreement Section VI.B. are covered in other sections of the agreement; therefore, Section VI.B. is deleted from 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 , \, ~ . e . e AMENDMENT To THE INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY FOR THE PROVISION OF BILLING, COLLECTION, 'AND TECHNICAL SERVICES ENABliNG THEAGREEMENT TO BEAUTOMATICALLY 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 from 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 I1I.A. 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. 3. 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. Third, the stipulations in agreement Section VI.B. are covered in other sections of the agreement; therefore, Section VI.B. is' deleted from the agreement by this amendment. All other provisions of the existing agreement shall remain unchanged and in effect. King County City of Federal Way 1 Date Date 24 25 26 27 28 L?~ ~ /)-6-- 90"';; ..:i( d. ) INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY 3 agreement is made and entered into by and between the City of Federal Way, hereinafter called "Federal Way", and King County, hereinafter called "King County", to allow for the collection and disbursement of surface 4 water management service charge revenue and for the provision, by King County, of certain service water management related services to Federal Way 5 6 WHEREAS, King County and Federal Way share interest in managing storm 7 and surface water runoff 'in order to protect property, lives and the 8 environment, and 9 WHEREAS, King County has provided surface water management services along with billing and collection services to Federal Way from the time of 10 11 incorporation as a city, and 12 I WHEREAS, Federal Way is now able to provide arainage related 13 operations and maintenance services to City residents and property owners, 14 and 15 WHEREAS, Federal Way wishes to retain King County's billing and collection services and to avail itself of needed technical' support services which will be negotiated annually through both jurisdiction's budget process, and WHEREAS, King County is able to continue providing certain technical support services on an as-needed basis when those services have been negotiated in advance, and 16 17 18 19 20 21 22 WHEREAS, King County has a fully developed automated billing system which can be used for other jurisdiction's billings when an interlocal 23 agreement is negotiated between the parties, and WHEREAS, pursuant to RCW 39.34, the parties are each authorized to enter into an interlocal agreement: NOW THEREFORE, it is agreed by the parties as follows: I. The purpose of this agreement is: 30 29 A. To enable Federal Way to utilize King County's billing and 31 32 collection services for the collection of a surface water management service charge for the City. ........ M24:11-8 - 1 - 12/11/91 ORIGINAL 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 " .. e .. e 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. II. The responsibilities'ofthe parties are as follows: 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 requested specific drainage and administrative services. 2. Federal Way shares the responsibility for providing the information required for timely, accurate billing of new surface water management accounts. a. Federal Way agrees to be responsible for providing to King County information on new commercial construction project applications which is available through the City's bUilding and land development office. b. The information provided by Federal Way will include, but is not limited to, the following: . tax parcel account number; . total acreage; 2 3 M24:11-8 - 2 - 12/11/91 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 e e . 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 resulting 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 will notify King County in writing when the City wants the County to provide technical services as set forth in the attached Annual Scope of Technical Support Services, including the schedule and estimated hours of service. 23 B. King County 24 1. King County will update the Federal Way billing system on a 25 26 27 28 29 30 31 32 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. M24:11-8 - 3 - 12/11/91 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 e e 2. 2 King County will collect and distribute service charge revenue received from owners of property within the City, using the combined Property Tax and Drainage Billing Statement. 3. King County will distribute revenue to Federal Way by the 3 4 5 tenth day of the month immediately following the month in which the revenue is collected. 6 7 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 County. 5. King County will provide Federal Way with monthly revenue reports and an annual report on delinquent commercial 8 9 10 11 12 13 14 accounts. 15 6. King County will respond in writing to the City's request for technical support services. III. Financial Arrangements: A. Cost of Services: 16 17 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 agreemedt 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 serve to update the agreement when attached. 2. 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 coll~cted by the County M24: 11-8 - 4 - 12/11/91 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 e e from Federal Way property owners will be paid to the Office of Financial Management. b. an annual per account Billing Services charge for basic activities 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 agreement as Exhibit B and incorporated herein. B. Bi 11 s 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 invoice. IV. Administration 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- ble by this agreement. B. 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 p'roviding service to Federal Way under this agreement. M24:11-8 - 5 - 12/11/91 I 8 9 10 e e 1 D. The parties to this agreement will observe all public bidding procedures where applicable. V. Effectiveness and Duration: 2 3 4 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 December 31, 1997. . 5 6 7 VI. Amendments, Extension and Termination A. This agreement may be amended, altered, clarified or extended only by written agreement of the parties hereto. 11 B. The estimated costs and level of service as shown in Exhibits A 20 21 22 23 12 13 14 15 16 17 18 19 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 being implemented. 2. 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 anti the estimated cost are subject to approval through the budget process of each jurisdiction. 25 24 C. This agreement may be terminated by either party upon provision of 26 27 28 29 30 31 32 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. M24: 11-8 - 6 - 12/11/91 ;: 1\' 25 26 27 28 29 30 31 32 II . e . e 1 VII. Hold Harmless and Indemnification King County shall indemnify and hold the City, its, agents, employees and officers harmless from and shall process and defend at its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims") brought against the City arising out of or incident to the execution of, performance of, or failure to per- form this contract; provided, however, that if such claims are caused by or result from the concurrent negligence of the County, its agents, employees and/or officers and thei City, its agents, employees and/or officers, this 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 nothing in this section shall require the County to indemnify, hold 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 agents, employees or officers. Federal Way shall indemnify and hold the County, its agents, employees and officer9 harmless from and shall process and defend at its own expense any and all claims, demands, suits, penalties, losses, damages or costs of any kind whatsoever (hereinafter "claims") brought against the County aris- ing out of or incident to the execution of, performance of, or failure to perform this contract; provided, however, that if such cltims are caused by or result from the concurrent negligence of the City, its agents, employees 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 of the City, its agents, employees and/or officers; and provided further that nothing in this section shall require the City to indemnify, hold harmless, or defend the County, its agents, employees, and/or officers from any claims caused by or resulting from the sole negligence of the County, 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ?2 23 24 M24:11-8 - 7 - 12/11/91 e It 1 its agents, employees and/or officers. In the event the City or the County 2 is forced to incur attorney's fees, legal expenses, or other costs to enforce the provisions of this section, all such fees, expenses and costs 3 4 shall be recoverable from the other party. 5 6 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above mentioned. 7 8 '9 Approved as to form: KING COUNTY 10 11 12 13 14 15 FEDERAL Way 16 Ot f)y) <;U5V1 1-'2- ~-OJ Z. -fIZ~Y4 ,ty Manager 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 M24: 11-8 - 8 - 12/11/91 .. e . e 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 $ 5,376 1,191 Total Estimated Public Involvement Support $ 6,567 Environmental Mitiqation: Senior Ecologist, 90 hours $ 6,269 Requlation. Enforcement. Insoection (REI) Technical Suooort: Senior Engineer, 60 hours Engineer, 200 hours $ 4,388 S 7,613 Total Estimated REI Support $12,001 TOTAL ESTIMATED COST OF 1992 SERVICES $24,837 M24:11-9.1 ~ - e e 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.1 of the ~ttached agreement; - processing of rate adjustments; - written responses, (i. e., 1 etters) ; - computer analyst time. 1992 Cost per Account: $2.89 Estimated number of accounts - 19,117 2. Finance Collection Fee (based on 1% of total revenue collected) Finance Collection fee assumes $1.08 million in 1992 revenue. $10;810 Note: The Office of Financial Management Collection Fee, which is now billed by King County to Federal Way, may be automated during 1992. If so, revenue payments to Federal Way will have the fee withheld before transmittal. M24: 11-9.2 ., . . ~ .\. " f' \ ... i . . /J. 6- 90 ....;1...3 Ccr) EXTENSION OF THE INTERWCAL 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 mut\}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 County Executive ~. ~~ QA': r Federal W Man ~ King C unty Prosecuting Attorney COpy ,;;~: .".'." J';I":. .'. .'. . ., e I:oAU.l.U.l.,~ .ft - Exhibit A ' . AN INTERLOCAL AGREEMENT BETW KING COUNTY AND THE CITY OF FEDERAL WAY PROVISION OF SURFACE WATER MANAGEMENT SERVICES AND COLLECTION OF REVENUES FOR 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 5 Federal Way have voted to become an incorporated city, and 6 WHEREAS. King County has a Surface Water Management Program supported by a service charge on developed properties in unincorporated King County. contained in King County Code Chapter9.0B. pursuant to State Law. and WHEREAS, the City represents it has the authority to enter into this 7 8 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 water management services is beneficial to the residents and environment in 13 141 I 1511 ::1 181 ; 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 provided through 1990, and the collection of revenue to support those 20 :: II 231; 241 25 services, and WHEREAS, Federal Way may choose to extend the agreement for Surface Water Management services through 1991, and WHEREAS, by entering into an agreement for continuation of existing 26 services. ~ederal Way will have the opportunity to make long term decisions about delivery of drainage services, and WHEREAS. pursuant to RCW 39.34, the Interlocal Cooperation Act, the 27 parties are each authorized to enter into an agreement for cooperative 28 '/ I action; 29 30 31 32 1 " 'I q I, II ;j il (F/AI:ILA5) I; 00,." -1- 215/90 _,1 1 I I I I I e e t 2 NOW THEREFORE, in exchange for the mutual promises made herein, the parties hereto agree as follows: 3 1. The purpose of the agreement is: A. To provide the residents of the City with the continuation 4 5 of drainage related services and the revenue necessary to support the services, through the Surface Water Service 6 7 Charge. 8 B. To establish a means whereby the County can act as the City's 9 agent, continuing to collect the service charge for the 10 City. C. To define and establish the type of services which will be delivered in the City by the County. II. Authority to Act 1. The City shall enact the necessary legislation adopting King 11 '2 '3 14 15 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 '6, 17 '8 legislation. The County's regulations and fee schedule are set out in King County Code, Chapter 9.08. 111. Definitions 19 20 A. "Surface Water Management Program" (SWM Program) is the 21 22 :1 2311 drainage-related service program designed to address both existing problems caused by surface water runoff and future 24 problems in developing areas. This term refers to the program adopted by the City in Ordinance qO...;/ ..1C>..3~'J, 25 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. 26 27 28, C. "Service Area" refers to areas where the County collects a 29 seivice chai;c and c:li~ers drainage-related services 30 including incorporated areas where an agreement is in place 31 and unincorporated areas of the western one-third of the 32 I I I I II I' (F IAI: ILA5) ,I ,1 'i !! County as described in King County Code, Chapter 9.08. . -2- 2/5/90 2 3 4 5 6 7 8 9 10 11 12 13 14 i I 15: ! 161/ 1711 !j I, 18 J I 191 20,1 I, 21 I' i/ 221! 23 II ,. 24 :1 25 il! 26 27 il 28 !; jl 29 ! I 30 I 31 32 ,I I: Ii II e e D. "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. IV. Responsibilities of the Parties A. King County 1. In 1990, the County wi11 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 to this agreement. Specific Discretionary Services will be decided upon on or before July 3D, 1990. 3. 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 Hylebos Basin Plan and to share the costs associated with the Plan. (F/AI:Ill:.5) -3- 2/5/90 ".. w e e 2 B. Federal Way 1. The City will provide the legal authority for this ,agreement by passing legislation which will: 3 4 a. adopt the County's existing rate structure as 5 reflected in King County Code, Chapter 9.08, 6 b. authorize the County to collect surface water service 7 charges from City property owners, 8 c. permit the County to act as the City's agent for service charge collection and providing drainage g 10 services, and 11 d. allow the City to pay for the maintenance of road 12 drainage systems with service charge revenues if so 13 desired. 14 2. The decision to take action on service charge accounts 15 I I 16.1 1711 18'1 I 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 19 management service charge after the effective date of 20 I 21 II 22 " 2311 24 'I II 25 : I I 261 27 , I 281 291: 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 plrt of this agreement on or before July 3D, 1990. 4. The City will adopt such policies and procedures as are required for delivery of the specific and agreed upon Discretionary Services. 30 31 32 i i I I i ! ! (F/AI:ILA5) -4- 2/5/90 ;-;I;.1-'.Y; II I , I . 1 I 2 v. 3 4 5 6 7 8 9 10 11 12 13 14 151 1611 171\ I' 18 i I 191 I 20 I I' 21 ii' 221 23 II 241 251 261 27 I , 28 II 29 I' 30 31 32 I Ii Ii II I! !: (F/AI:ILA5) ': e 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 d~ducted from the revenues collected on a monthly basis by the County and forwarded to the City. This charge is reflected in the cost of Base Services, Exhibit 2, attached to this agreement. B. Cost of Base Services 1. The cost for services shown in Exhibit 2 represents the estimated annual cost for 1990 for each service. The estimates account for the costs of direct services plus an administrative overhead charge. In 1991, the cost of services will be adjusted to reflect cost-of-living adjustments and any other economic adjustments adopted by King County in the 1991 Budget Process. 2. Differences between estimated expenditures for Base Services and actual expenditures will result in an adjustment to the funds available for Discretionary Services in the succeeding year. If, for example, in 1990, Base Services cost less than anticipated, the City will have more funds available for Discretionary Services in the following year. -5- 2/5/90 2 :3 4 5 6 7 8 9 10 11 12 13 14, I 15 ! i 1si1 1711 II 18 !j I, 19 'I 20 II 21 II I' 22 d " 23 !I i 24 I I I 2511 261 I' 2711 28 :1 29 Ii I 30 I 31 I 321 II II II " i; e e C. Cost of Discretionary Services 1. The estimated costs for Discretionary Services are shown in Exhibit 3 to this agreement. 2. In 1990, Discretionary Services 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 3D, 1990: thereafter invoices will reflect three months of activity. 2. The City will pay the County within 45 days after receipt of the invoice. VI. Administration A. The Manager of the King County Surface Water Management Division and the City's Director of Public Works or hislher 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. (F/AI:ILA5) -6- 2/5/90 ;' . _H.-1/ I 1 I 2 :I 4 5 6 7 8 9 10 11 12 13 14 I 15 i I 1611 1711 1811 191 20 I I 21 II 22 !I ji 23 :I :1 241 25 26 27 28 ! 291 30 31 32/, I! II .' e e- 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. VII. 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 tha'n ninety days before December 31, 1990. VIII. Amendments and Extension or Tenmination 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 infonmed. 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 ['1_ I ,; (F / AI : I LAS) I; -7- 2/5/90 13 141 1511 16: I 171 I 18 ! " II 20 II I. 21 ii il 2211 2311 24 il II 25 i 26'/ I 27 !I 281, 29'1 30 31 1 I 2 ;.\ 4 5 6 7 8 9 10 11 12 IX. (F/AI:ILA5) e e and new estimates will be negotiated between the parties. 3. If the City wishes changes in level of services under this agreement, it will infonm the County in writing and the parties will agree as to the timing and accomplishment of said changes. C. This agreement may be tenminated 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 tenmination. 1. Provided that: should the City wish tenmination of revenue collection services, the City will notify the County in writing no less than ninety days before December 31, 1990 or 1991, to tenminate revenue collec- tion services for the fOllowing year. Hold Hanmless and Indemnification A. In executing this agreement, the County does not assume liability or responsibility for or in any way release the B. I i I I I I I commenced, the City shall defend the same at its sole expense I and if judgment is entered or damages are awarded against the I City, the County, or both, the City shall satisfy the same, i I The County shall indemnify and hold hanmless the City and itS! I I 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 including all chargeable costs and attorney's fees. officers, agents, and employees. or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses. and damages of any nature whatsoever. which are caused by or result from a negligent act or omission of -8- 2/5/90 , . \ 26 :: :1 ~^,I ,~ ! 30 31 32 e 1 , 21 3 4 5 6 7 8 9 10 11 12 13 14 151 161 I 171 181 19, I 20 I 21 I, II 22 II !. 2311 241 I 251 I! 'I I. /I ji (F/AI:ILA5) ;1 . '5', <~~~,':'~i'. e 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"ssion of the Ci~y, its officers, agents, and employees. In the event that any suit based upon such a claim, action, loss, or damage is brought against the County or the City and the County, the City shall defend the same at its sole cost and expense; and, if final judgment be rendered against the -9- 2/5/90 ' I' · . e 2 County and its officers, agents, and employees, or jointly against the County and the City and their respective :I 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 <0 COUNTY: ~ ~ King County Executive 9 10 " 12 13 I 141 I 15, I I 161 I I 1711 18 ii, 1911 20 II I' 21 II 22 !! 231 , I 241 251 ::11 2811 il 29 i' 30 FEDERAL WAY: ~ / /', . ".r '"" ~_.~....", 2'/ /- {~~__ f~t: i~ /1 Ci ty Manager ,/ 2/27/90- .... 31 321: 'I II II i! I' :1 Ii II 1: " (F / A I : I LA5) -10- 2/5/90, e e '. EXH BIT 1 DESCRIPTION OF CONTRACT SERVICES King County wll I 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 al located to base services, with remaining revenues al located 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 fol lowing: o Planning: Completing the development of the Hylebos/lower puget Sound Basin Plan, o Maintenance: Continuing a program of routine and emergency maintenance for drainage facilities within the City. o Regulation: Providing technical expertise for existing lawsuits, claims for damage, and other regulatory actions, o Financial Administration: Continuing the bll ling of SWM service charges and collecting the revenues for the City. o 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: o 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. o 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). o Maintenance: Providing maintenance to conveyance systems (e.g., pipes, ditches, catch basins) located within the road right-of-way. o Regulation: Enforcing City-adopted drainage regulations that fall outside of the land use and building permit process. o 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 ~rojects. storm drain stenciling projects, and water quality monitoring programs). ~ F/AI: I LAS-EX' ~ill:K~,.i ~: f[I,H' HI SrHm tcm~:l ............ ,..............-..... l[v ~r lIS[ S[tvIm motU[ [S mm trsi 11ft t i 11/t.llrre i II hiI'll VI) l..ls Slllr Hill.." USE s[[Vms 1. PlA~~I~. "M)lr\os Inil flu 2. ~WlmN:[ --In,rel Rrsi/toti.l rlCilitirs -'Ios,ret (...rrdll rHilititS -'~liotlio lrsi/ralill FlCilitirl --UPI'llr Rrsi/rolill rlCililirs --~li.tli. Stm rHilitirs --["rlmel hsp.r,1f S,ct.1l1 3. mUlllJOW --hlitl!r lmtits/CllilS I. funIC I~VOlYlf,tN1 --I"iulr (o.phio\S/h\tirirs 5. FlNAlitlAl mlWlmmON --O'r.Ti" Srst" Srt., --OO!.iol lilli'l ..e Ccllreti.. SoHdil 101Al liSr smms mr~'UES mlLlIlr fOf. mmmmr smms 6[I:[Ul mUI.PilD_S frilllllr )(-.;",.11 '''lr: f(lm" 113m) e 1 !90 TOTAL NOHSIlSSU1.PIJDNS I !II , , .. ......... ......... .....-..... ........ .............. ....... ..,........... ...... .................. ......~...... ...... ..-............... -.............................. ....--........ ...... 112 ,000 11',000 I?,OOO !l1,000 1\\,000 Il,m 1,730,000 n,lOO mDVlII lfle; 1t,2]) 1C1O>01l 1m, HI,OOO hllm 2Il.i!rs truslrr 10 titr. 21,000 hs..t Sill! [D,linu 10 '17 Itr 101 lul SVrllCtS. m,ooo 1,127,000 2,021,000 1&1,000 J(,OOO 200,000 Imt DI i.,rr,i.vs svrfltlj 'H .1 'n l 'VI mls. 11,000 22 ,coo 1',000 lmm chIChi rwln JnHI IlCilitirs; ml'1I1 !lCilitiu. 7\,000 17,000 m,ooo Assuts chIChi Twlr; mo. no IHilitirs; ml.m lltilitiu. 1l,000 101,000 W,OOO 1!!HI Ildlilirs; ml.lll IlCililirs. 122,000 0 122,000 Dor-til! COIl lor H f1cilitirs. 3,000 1,000 7,00012 IHilitiu i. mo llt mI. ll,OOO 27,000 H,OOO ~S"l!S 10 IIrrlmcr lIi.ltll'" .,.Is. lO!,OOO 211,000 \20,000 <,000 1,000 ~,oOO [o!inmi., 1I".,l III r:,rr\ .ilDrss lrstimr. lO,OOO 18,000 H,OOO hsrl o. hilloriCl} Iter!! cl ntivilr. l! ,000 12,OOC. 20,OOC. , LI,OOO 3~,OOO Onr-li" II! plit .m hc TrlTS; fr/rflll'l) pi IS lbott It,~ d lell!. 117,m 11,~00 movr.ls H~C.; U,271 Hemls !HI; lis. i.c1o/rs jl_,mm eollrelio. II! ~r tDr fiHt(! Clfin. 71,000 61,m 11',000 10,000 31!,m m,ooo 331,000 771,000 1,102,000 ::::::.:: ::::;::: ........... - Ass..rs rr'UtU 101 mts lor 10 mtt.s it mo lOt 12 mUs i, 1m. - ~. itfllliewr mts IT! inchtrt i. rstilllrs. '" . e .. IIUCKI.[~1 A ICO~IIIIU[I): HlHAl HI smm ComACI .................................................... ............. -...... .................................-.. lOUt HIlms lAm PlAW com 1188 liB! mD Aelu) Cllls IIH,m III, ~\I m Froirelll C~lls m 110,10 UIl,m hilI! IlH,m 1111,.13 HIl,n. HlI Iml ~/A I J U, 3ZI l~l,6C\ 100,10 z:::::::::: :::::::r.:::: ::::::::::: :::.:::::::: ::::::::-::: Ill, II! \lIl,UI mrlA[ m's lOSI SKAI.1 mo Frojrelrl tOlI~ Im,UJ frim! rlT Sf,/If II m w,m ....................... -..--.............. --...--......... .........--....... ..................... ..........--........ lfIl T01Al Ill,SIC Im,m 1m I III 1m 33,m m,IO! m~RAl mumJG~S I lHO lOlls l!mH 10 IDhlb~ Il?ll,l!l) of lohl IllO "'Ul] [OIl of UH,ll.. . him! hT 0017 flTI for lhm cf ,roirel!1 fllo COlis io mo lod If!!. - ;!Iml l'i7 f;T~ m 01 1m Iftl un mls ~lS!1 00 !h! rHCull!! of i1fmion mlm rill,in In! HTJ!bo~ illir.. ~ e '_nll~.foJ" I "" \ ~""'.. '" '-I . .. I'. <~':',7"_~~:-r:k~ e e EXHIBIT 3 AI1ACH~[Nl I: rmm m S[RVIC[ comm flilt ~i1r II-J...,O (filr: rmm 1/3/'0) IISCRCllDNUT SmItES mo 1m IIStlEllONART SERVltES . ............... ..--... -.. ...-...............- ......-.............. ..... ....... ........ ..... .......... .......... ............................- -....... .....-.......- --... .............. -... ............ .....-..... IOIAl NOI ESI ASSU~P11 ONS I. PlAWNlN6 --Olli1l9r S1ulin --Ulilil, Prolrll hnlo,ml --SII/II '19i19 S.Holll 2. ~AJNlENANCE -'h ROll tOOYI'11t1 Spllll --VillI C..lily rl[iJilirl --[w!my Spill Clun Up S.ilolll 3. mUlA110N --Noo-pruit bfore.mt AcliOlI (. PUllIt INVOl VEf.ENT --touanity lClion 9 lints , Itlll' clriD-vp lctivitirs, lnl Ilht.1 volaolrrl ploglltS 5. FlNANml miNISTRATION --Enginming SUppOlt FOI NH Accouols I. tAflTAl Ir.PROVmm -.hiol tlfilll 'Ioirch --Stlm RntClltiol 'Ioircts '-SIlIHtllt III ill!' Ploircll Soitc\11 U,OOO 130,000 3,000 H!,OOO m,ooo 381,000 3,101,000 2l7,~00 20,000 3,m,OOO !I,OOO ',000 21,000 13,000 1,000 20,000 o J,OOO 23,000 212,000 JO<,OOO !B,OOO 16,000 2,722,000 217,000 20,000 2,919,000 JI,OOO' hllln I 10111 of fin IlIlirs. 130,000 Iml OA cOl,milr [OIt for tit, 01 Tthih. 1,000 ~onitol ul lIinllin 2 lllrs. 112,000 1,000 8,000 \81,000 hIli 10 loll "III "mllll hlll,lioll' brio.. l,m,IU ft. of sYIIr. (pipr l lite'! I 5,112 Cltcbblsins lIinlliorl in "0 l ., 8\,000 titY'1 [OIt of Hlimt lilpOll] lnl .llrl tmtml. 11,000 Amm 20 mpOl1ll pll yrll (lIChlin! rqviplID\l, m,ooo 41,000 Iml 01 billoliClI mviel Jrvlls. 21,000 Imd OD cost of /listiD9 FIOllil. 5,000 !,OOO TrchniClI I'mrl f~r Vplltit!, Ili'llin!, lllin! rrm,. lccmls. 1,321,000 II ploi.els iI Fl'iml VlY. m,ooo Amnt Immd fOI slIm Irslmtion. 10,000 hout m.ml fOI 1Il1l-SClIt 'Ioirtll. TOTAl t1StP.EllOWAF.T mvms 1,IlI,OOO 3,325,000 7,711,000 1,802,000 6[I/[RAl ASSU~PTJD~; =:::=::: :::::::= - Amars rm~vrs lnd [OIls fel 10 aon'US in IUO lnl 12 IDDUS in ml, .ith Ihl Implioo of h-Rold ConY/YllCr S711us COIls .hich II' UDell COIls fel ioth mo lit ml. - No infllliowy cosls lit i,rl,I.1 io rslillttS. - Thr lli~l.unc. of 1n.ROlI tooY/yut! Systus is I cOlponul of lb. 'llIie Srrvim' imlibrd il Ibr i.olls tivisioD plopOllI fOI confrlCl srrvicrs io Frlml hy. H. IOml eosls iI' Hshd lbov. to bi!bli9bt tb. tit(s oPlolhoily to 'I' fOI thm uintrftllC! COIls vlinl /lV,ovrs flOI lb. SVrfHf Ilhl slnin CDtlg.. . I ~: . e KING COUNTY SURFACE WATER MANAGEMENT SERVICES CHARGES e There are two types of service charges -- the flat rate and the sliding rate: - The !l!! 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 wi I I automatically be assigned to those who qualify: - An exemption 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) facl I Ity maintained by the owner. - A discount for any parcel (or part of a parcel) officially designated as ~ ~. RATE TABLE I Rate Category Percent ImpervLous Surface Annua I Service Charge 11I1-Res Ident la I: I Single-Family Home N/A $ 29.89 (regardless of size)" I ! 1I2-Very Light more than 0" less than 10% $ 29.69 (regardless of size) "'. I I 1I3-L Ight 10% up to 20% S 60.63/acre.... I I lll<l-Moderate more than 20%. up to 45% $126.01/acre.... I I I liS-Moderately Heavy more than 45%. up to 65% S243.33/acre". I I 1I6-Heavy more than 65%. up to 85% $308.S1/acre.... I I I IIi-Very Heavy more than 85%. up to 100% $40<1. iO/acre.... I I The maximum annual service charge for mobile home parks shall be $29.89 times the number of mobile home spaces. (Per KIng County Ordinance 8526, adopted 6/22/66.) In addition to the 'charge per acre, there is also a processing charge of S3.62 per service charge bill. RATE ADJUSTI.lENTS Any person receiving a bl I I may fl Ie 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 wil I 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 cal I 296-6519. (F/,:J:l-l) :. . ,- - .:' .""':~r.,.r. .. ~ i~ . Exhibit B . \. . . 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 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 inter local 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 t~e agreement. ~ APproved~~O -'. Attorney t - . . . /l (j. 9c -~3 r;&..) 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 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, 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 anew 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. APproved~~O ~-- Attorney cop.y .' 1 , , '_~f. (" I'tl NG COUNTY ".. SURFh~EIW~TER MAN~GEMENT SERVICES CHARGES ( l. There are two types of service charges -- the flat rate and the slIding rate: - The .!1.0. ~ service Charge of 5;29,89 a year applies to single-family homes and parcels with less than 10% Impervious surface. - The sliding ~ 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 exemption for any home owned and occupied by a low-Income senior citizen. - A discount for any parcel served by a County-approved retention/detent Ion (R/D) facilIty maintained by the owner. - A discount for any parcel (or part of a parcel) officially designated as ~ ~. RATE TABLE Rate Cateoory Percent Imperv I.ous Surface Annua I Service Charoe NIl, 5 29,89 (regardlesS of size)" more than O~~ I less than 10% 5 29.89 (regardless of size) " 1 O~' up to 20% 5 60.83/acre.... more than 20~, up to .(5% S126,01/acre*" more than 45%, up to 65% 52":3.33/acre** more than 65%, lip to 85'~ S308.51/acre** more than 85';, up to 100% s":0":.10/acre*" 0i1-Resldentlal: Single-Family Home 0i2-Yery Light 1I3-Llght .,<:-Mo,der ate .,S-Moderately Heavy ..e.-Heavy ..i-Very Heavy The maxirnu~ annual se~vice charge for mo~lle home parks shall be S25.89 times the number of mo~ile home s~aces. (Per King Coun~y Ordinance 8625, ado~ted 6/ZZ/8S.) In addition to the c~arge per acre, there Is also a processing charge of $3.82 per service charge bill. RATE ADJUSTMENTS A:1Y perSO:1 receiving a bill may file a request for a service charge rate adjastment with the Surface Water Management Division within three years of the bi I I ing date. (Fi ling a request wi I I not extend the payment period, however.) You should file a request If: - ~he property acreage Is inco:--rect. - the measured Impervious surface is Incorrect. - the property Is charged a sliding fee when it should be c flat fee. - the person or property OUcllfles for an exemptio:1 or discount. - the property Is wholly or in part outside the service area. To c~tain a Request for a Rate ~cjustment form, please cal I 296-6519. (f !;.:): ;-1) 1/ . "\_~ ~NDMENT TO THE INTERLOCAL AGRE~T BETWEEN KING COUNTY AND FEDERAL WAY FOR THE PROVISION OF SURFACE WATER MANAGEMENT SERVICES AND COLLECTION OF REVENUES .. '. /l-~ tj'a :"'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 delivered by King County and what services will be provided 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 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 County ive ay C 1 ty ,J /k:1J,J 6 ORIGINAL (010:1227.2) . . .. ~ . '1 >> . 'L../. //~-"p \ \ I ! , / ..,.. . King County Surface Water Management Dh'ision Department of Public 'Yorks 730 Dexter Horton Building 710 Second A\'enue Seattle, Washington 98104 (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 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. Si ncerely, I" W J/___ (t-o r Jim Kra~~ Manager JK:KG:dc(010:1227.1) Enclosure cc: Ken Nyberg, Assistant City Manager, City of Federal Way James Shanks, Department of Publ ic 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, Assi stant Manager, Surface Water Management Di vi s i on ATTN: Debbie Nagasawa, Manager, Finance and Billing Section Susan Thomas, Intergovernmental Relations Coordinator ~ . , II , ,': 1 ' EXHIBIT A e e AN INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY FOR PROVISION OF SURFACE WATER MANAGEMENT SERVICES AND COLLECTION OF REVENUES This Agreement is made and entered into this day by and between the 2 City of Federal Way, hereinafter called "City," and King County, hereinafter 3 ca 11 ed "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, 8 contained in King County Code Chapter 9.08, pursuant to State Law, and 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 14 I 151 ~: I 181 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 21 services, and 22 WHEREAS, Federal Way may choose to extend the agreement for Surface 23 Water Management services through 1991, and 24 WHEREAS, by entering into an agreement for continuation of existing 25 services, Federal Way will have the opportunity to make long term decisions 26 about delivery of drainage services, and 27 WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, the 28, I 29 'I 1 30 parties are each authorized to enter into an agreement for cooperative acti,on; 31 32 (F Itd : I LA5) -1- 2/5/90 '~ ,.--./ ,/ 10 11 12 13 14 15 16 17 18 19 20 21 22 ! 23 i 24 25 26 27 28 29 30 31 32 . e NOW THEREFORE, in exchange for the mutual promises made herein, the 2 parties hereto agree as follows: 3 1. The purpose of the agreement is: A. To provide the residents of the City with the continuation 4 5 of drainage related services and the revenue necessary to 6 support the services, through the Surface Water Service 7 Charge. 8 B. To establish a means whereby the County can act as the City's 9 agent, continuing to collect the service charge for the City. C. To define and establish the type of services which will be delivered in the City by the County. I I. Authori ty 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. III. Definitions 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 9::-5) >! 9t)-2,,'),. 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 charge and delivers 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. (F /AI: ILA5) -2- 2/5/90 . . . 1 " , ,/ 1" .: . . 1 ' 21 31 4 5 6 7 8 9 10 " 12 13/ 14 I 15; i 16! I 171 I 18 ! 19/ 20 i I i 21 i I 221 23 ! I I 24 ! i 251 26' 27 , ! 28 : i 2Q: -' i 30 I 31 I I 32 I I I I I I (F/AI: ILA5) e . D. .Services. means the activities provided to the residents and property owners of the City under this agreement. For I ( purposes of this agreement, drainage services are categorized as either base or discretionary. See Exhibit 1 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. IV. Responsibilities of the Parties A. Ki ng 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 to this agreement. Specific Discretionary Services will be decided upon on or before July 30, 1990. 3. 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 Hylebos Basin Plan and to share the costs associated with the Plan. -3- 2/5/90 1 " "I 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 20 I -, 30 j 31 I ~2 I " ! i , (F//l.l: ILA5) e e . , .4 r B. 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 i ncorpora t i on. 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. 4. The City will adopt such policies and procedures as are required for delivery of the specific and agreed upon Discretionary Services. -4- 2/5/90 II ,: e I' e " , I": i 1 I 21 v. Financial Arrangements A. Revenue Collection :I 1. The County will collect and distribute revenue received from properties within the City through the combined 5 Property Tax and Drainage Billing Statements. // /,,-' ,~./ / " / / i 4 6 2. The County will hold revenues collected for the City in 7 a separate account and will disburse these revenues to 8 the City on a monthly basis. 9 3. The City will pay the County a flat one percent (1%) of all revenue collected by the County for the City under 10 11 the terms of this agreement. This charge will remain 12 unchanged for the duration of this agreement and will be 13 14/ 15 : , d~ducted from the revenues collected on a monthly basis by the County and forwarded to the City. This charge is reflected in ~e cost of Base Services, Exhibit 2, 16 attached to this agreement. 17 B. Cost of Base Services '. " 18 1. The cost for services shown in Exhibit 2 represents the 19 estimated annual cost for 1990 for each service. The 20 estimates account for the costs of direct services plus 21 an administrative overhead charge. In 1991, the cost of 22 services will be adjusted to reflect cost-of-living 23 adjustments and any other economic adjustments adopted by 24 King County in the 1991 Budget Process. 25 2. Differences between estimated expenditures for Base 26 Services and actual expenditures will result in an 27 adjustment to the funds available for Discretionary 28 Services in the succeeding year. If, for example, in 29 1990, Base Services cost less than anticipated, the City 30 will have more funds available for Discretionary Services 31 in the following year. 32 (F/AI:ILp.5) -5- 2/5/90 " 3 4, 5 6 7 8 9 10 11 12 13 14 15 I 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 e e . , C. Cost of Discretionary Services 1. The estimated costs for Discretionary Services are shown in Exhibit 3 to this agreement. 2. In 1990, Discretionary Services 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. I., above. D. Bills and Payments . 1. The County will 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 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. VI. Administration ( F / A I : I LA5 ) A. The Manager of the King County Surface Water Management Division and the City's Director of Public Works or his/her respective designees, shall compose the administration and management of this joint cooperative program to continue drainage related services in the City. Provided that the City Manager will take the place of the City's Director of Public Works until the City fills this position. -6- 2/5/90 2 3 4 5 6 7 8 9 10 11 12 13 14 I 1511 161 17 18 I 19 20 I 21 Ii 22 !I 23 II II 2411 25 I 26 I 27 I 2811 II 29 II 30 31 32 - e 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 ma i nta i n 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. VII. 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 (F/AI:ILA5) A. This agreement may be amended, altered, clarified or extended only by written agreement of the parties hereto. B. The estimated costs and level of services as shown in Exhibits 2 and 3 are accepted by the parties as representing the best projections for service and cost available at the time of this agreement. 1. Changes in services as shown in Exhibits 2 and 3 to this agreement will be agreed to in writing by the administrators of the cooperative program and the signators to this agreement will be informed. 2. If the County must make changes in the level of services and the corresponding costs of these services, other than those discussed in Section V., the changes will be reported to the City before adjusting the annual budget -7- 2/5/90 27 28 29 30 31 I 32 I II I i ! I I I ! 2 3 4 5 6 7 8 9 10 11 12 13 14 " 151 I 161 171 I 1~ I' 1911 20 I: il 21 I' II 221! 23 Ii 2411 2:: ;1 26 ( F I A I : I LA5 ) e e 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 d~ys before Decem~er 31, 1990 or 1991, to terminate revenue collec- IX. tion services for the following year. Hold Harmless and Indemnification A. In executing thio agreement, the County does not assume liability or responsibility for or in any way release the B. I I I i I commenced, the City shall defend the same at its sole expense i and if judgment is entered or damages are awarded against thel City, the County, or both, the City shall satisfy the same, I including all chargeable costs and attorney's fees. I The County sha 11 i ndemn ify and ho 1 d ha rml ess the City and its I , I I against any and all claims, actions, suits, liability, loss, I costs, expenses, and damages of any nature whatsoever, which I are caused by or result from a negligent act or omission of I I I I I 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 officers, agents, and employees, or any of them, from and -8- 2/5/90 J . '4 I '51 :: II ~: I! '.20 I I 2' I I 22! 231 241 251 26 30 3' 32 I I I I I ! I' , i 2/ 31 4 5 6 7 8 9 '0 " '2 '3 27 I 281 I 29 ! ( F / 1'.1 : I LAS) . . 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 suit based upon such a claim, action, loss, or damage is brought against the County or the City and the County, the City shall defend the same at its sole cost and expense; and, if final judgment be rendered against the -9- 2/5/90 15 i I 16 i I 171: Ii 18 i i 'I' 19 I 20 II 21 ! i Ii 22 Ii ii 2311 24 il 2511 26 il I, 'I 27 Ii " 28 Ii " I, I' 20 ,I .... :1 " :: I' 32 Ii I' il II II II II I' " ~ I . . . I' " II II I 2 County and its officers, agents, and employees, or jointly against the County and the City and their respective 3 officers, agents, and employees, the City shall satisfy the 4 // / same. 5 IN WITNESS WHEREOF, the parties hereto have executed this agreement on 6 the day and year first above mentioned. 7 8 Approved a KING COUNTY: \0~~J2< King County Executive 9 10 11 12 13 FEDERAL WAY: 14 ?'/ /. ./ ""/ .. '''. " .~ ......--. City Manager /-::: / ' ~/~? r~,.;";-~' /; '--- City Attorney Federal Way -' " ( F / A I : I LA5 ) -10- 2/5/90, , ... ~ ,r I ..if .. . . EXHIBIT 1 DESCRIPTION OF CONTRACT SERVICES King County wi I I 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 wi I I first be al located to base services, with remaining revenues al located 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 fol lowing: o Planning: Completing the development of the Hylebos/Lower Puget Sound Basin Plan. o Maintenance: Continuing a program of routine and emergency maintenance for drainage facl I Itles within the City. o Regulation: Providing technical expertise for existing lawsuits, claims for damage, and other regulatory actions. o Financial Administration: Continuing the billing of SWM service charges and collecting the revenues for the City. o Public Involvement (Citizen Response): Providing technical expertise to respond to the public Inquiries or complaln1s about drainage Issues. After a portion of the revenues have been al located to fund the base services, the ~Ity would have the opportunity of choosing from a wide variety of discretionary services. Examples of discretionary services Include: o Planning: Assisting the City In developing a surface water uti I fty program, using the Draft Hylebos/Lower puget Sound Basin Plan as a basis for projecting program needs and services. o 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). o Maintenance: Providing maintenance to conveyance systems (e.g., pipes, ditches, catch basins) located within the road right-of-way. o Regulation: Enforcing City-adopted drainage regulatIons that fal J outside of the land use and building permit process. o Publ ic 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 qual ity monitoring programs). f/Ai: ILA~EXl / // / :"'i," , L ~::~:~::~:.~__:::::::_~::_::~~:::_::~:::. hlT' :," lhwlt (~.H: r[~H:, :/;/1;, I:t,"", .~: USe s[[n:ts m'rWl'! [SIl/,ll( In ii" Ii lllt'"'f[ j Ii f.irrli III hili Sill, ~i!i"7I itS[ S[HmS 1. PlIW~J~; --HIlrio\ IlIi., PlIO 1. ~11Wl!WAW:[ --1olml Orsiirrlill fltiJili!\ --1olml tOllrrtil1 fHilili.s --I"inl,i, Orsii"li.1 fltilili.s --UPlrli. hliipnliil f Itili lips --I,dnlli, 510" flCilili.s --larr!,ocI ~'IPOf<\' Stblel:! ~. I:i bUlm row --viii,,!! lmdll/tllil\ I. rUlLI, IWVOL"I.,wl --h. i "II! tOlflli',iI/in\~i r i!s ~. fm~:lh~ mmSli/.liuw "'.uf,r-iiu SrslPt S~h:~ --~n!ein\ lillir'l ..I t::I!:;ior, ~llHotil 1011;l H" S"i"l :~5 "vtwULS m.Il!;!'t, for, m:F.rilOw;<r SE;.nm m,p.Al 1.:5U1.?ilUw; 1m 7!: ,toe 11t,OOl Il,ooe IHl !IE ,DOL I\\.m II,m . . . ~ . ~I,OOO 11,001 17,011 101,000 o 1,010 17,000 1I\,OOt, 1,000 H,OOO n,oor, LS,oot, !~, 00(> 3",Ot.O 771, DOt' ,'\,...... ., lW, wCmIl.SSWllOW; I,m,tot 1~,IOl /l[mls IYH; !L,llS 1t[0,,11 I!!l. 2/1.011 hum lIl,il,s lrlnlfrr 10 lill. 27 ,00(> Ass'1f Slllp cor,li..!\ Ie P'I I" lor rtll 1"IIt'1. !!I,OOO 1,127,000 2,m,00C> IlL,OOO 21,000 7\,000 !I,OOO 122,000 ~, 000 21,000 ~", 000 H,OO~ H,OOO 12,~Ot, )1,OOt, ~n,otrCI m.~Ot, m,OH Im/ 01 ilPtrvim "'1m; Ol of 'ff I "1 lOlls. U,OOO hum chuirl 7wln m~-!I fHilili'lj ml-II\ fHilili,l. lll,OO~ ~mm ChHirl 7w17; mt'-llo jHililirlj ml.~11 lHililirl. W,oot mHI llcilili'lj ml-lJ( fHilili,s, m,ooo Gnr-lil! [OIl tol )1 Il[ililirs, ),Ooe, 12 lltililirs i, 1m l,1 Ufl. I! ,000 AII"!I 10 ..trl'"'1 lli'l,..nn n"is. m,OD(- I,~oo \,000 [nlinmin\ supsort 101 upHl dlnrll Inlilon7' l\,OOO omlor, hilloritlJ lmll of Hlivill. l! ,DOC, G,,-liH f.. clil ovrr lvc 7'HI; fr/ml I'I pin Ibod lvl e! lel.l. 11),00(- IS, IDe, 1[[0UI,1I H'C'; H,;)I Hc..nll 11\1; lis. intlu!!! II ..vpnu! cellulior, ftr hI Ih! fir,lnCr Cffin. 11!,OH !I! , oct l,m,oot' . knu'l ...,n,!\ Itt mil for 10 'Otths h l!H 101 Ii lor,lt.s iI, lIn, - l(:, idJdie:'~~, tOS\$ .n ir.dllor{ if, rstiutes. ."- (! .. e . . , - EXHIBIT 3 mW-l,~l !: FErtW m sm:er co~m:l fri.t Ill. II.J..." Ifilt: Frmll 113m) t!5 m lJO ~m S [r\' JC[ S mo NOJ[S/ASSU~P II O~S lImmONAn smJC[s III I 10lAl 1, PlANNJ~; --Orliull Studi'l --Utili 17 Prolrll Orvrlopmt --Slr'lI 'I;i.; SuHo1l1 2. ~~INmANtr --h iDII Comllnt. S,slm -.~IIPI ~UlJit, fHilitirs --Imlmr Spill tlm Up Subtotll 3. mUlUJON --Nor;-pPllil E.forml.1 Aclio.s (, PU!LIC IHVOlmm --Collo.ilf Htior, ,r",ls, slrrll th"-OF Hlivilils, ..I rrlll,I vtiotlrrr pro,rlls l. mmm mlHISmTlON --En;ilmi.\ Supporl fer NlW Attounts .. WllALIr.?ROvmm --~lior CIFilll Froiltls --Stru. hslorllion froir:ls --Sull-Stllr Orlir,lql Froiltls SuHt~1l IL,OOO 20,000 31,000 AllUm I 10111 of fin shli.s. 130,000 0 130,000 lml on to.pmbl. tost for Cit, of hk.ill. 3,000 3,000 1,000 ~o.ilor ..d uinllin 2 lilts. IIV ,000 23,000 172,000 212,000 2V2,OOO m,ooo RrfPl 10 colr IftdPl 'Grnml Asmplio.s' bl101, 1,1'1,111 1\, of S1S111 (pipl I dilch) I I,m tllchblsins uinhintd ir, "0 I 'l: 21,000 I,OH 21,000 tity's cosl of Hdiml dispolllI.I ..t" Imtml. [,000 2,000 H,OOO AllUm 20 mponll! plr YIH (lIthdin, IIuipmll. 301,000 301,000 m,ooo 21,000 lE,OOO 4\,000 iml o. hislori'hl mvitl Irvr1l, 13,000 IL,OOO 21,000 hs,d on tost of Ilisli., proqrll. 1,000 1,000 9,000 lrthr,itll sopport for opdlliol, Iliosh'l, lId in, rrn'OI ltcoor.h. 3,bOl,000 217 ,000 20,000 2,722,000 2ll ,000 20,000 1,320,000 H proirth it ftdml hy. \31,~00 AI 007, I rllrrYlI for stm. rrstorllior., 40,000 hoonl rrsrrYrI for sllll-stllt proirels. 3.m,00o I,B01,000 TOTAl mCp.ETIONm m\'It[S <,<!L,OOO ~,m,ooo 7,711,000 1,919,000 .,J,'ERI.l I.SSUI.?IJONS - Aml!s rmou,s Hi tosts io' 10 lor.ths it, Hit> 1.1 12 lor,ths it, lHl, .in Ihl Iltrplior, o( In-hid CorvoYIHI Srsllls tosts .t.ith It! anti I mts for bo~1. 1990 HI li1L . h. ir,flllior.H7 tests HI inriuIl1 it Istililts, . h! lIir,lrr,lr.tl oi 1,.F.oll COrvt11W Systll! is I co.oorlnl oi \hI 'Slsic S!7vim' Gtscribtl in tbf Rolls ~ivisior; prooosll for tontrlt! sfrviu! ir, Frclrll Ily. Hf Inr..i cosls HI lisltl IboY! to hi,hlilhl thl Cily's opporlotitl to PII for thm uinlrr,IHI cosls osinl rrVtnOIS irol lh, SOdiC! IItlf sHvicl ctHq!. . , . [):H:E~7 2 !::~~l~~ -- "! I) _ ... . 11Il:HIW I (COlimUll): [[HilL W S[Hm COlilHtI IPlIL mOC$ lAm PW cem 1m 1m 1m Ifll IPIIl Acllll tOils IDI,m 111,1\1 m .H 116I,3Z1 froirelr( COI \1 m W,W Illl,l\! Ill,!1\ Im,lO lollls 11)\,771 1111,m OIL,III III ,I\( 1I11, (IE 1::::::::::: ::::::::::: :::::;:::.:: ::1:::::&,::: 111::::::1::: mHAL m's tOSl SHAH mo Inl 10m Proirrt.1 tosls IW,m Ill,SII Im,m 1 III 1 L3l 1m Ir/ml "1 SI,HI i\ m lO,m 33,m )H,'OI ::::::::::: :::::====:: :=:::.:::::: 11m' cosls meltS H lonl.s IIUl,\l3) 01 10llJ me ""il cosl d Oll,II.. ", m~Ht mUl.nlUli; . Irim! "1 or,11 I"rs lor sbm 01 Froirelri Flit mls i, 1m H/ I'll. . Ititri! .ll fiT! m 01 HH 101 1m cosls blsrl On Ih! Ffltr,Il!! 01 i'Ftrviou S,rlll! ritt,ir, In! lirJ'DOS ./Sir" / .....- , t.J.: , .......... "" . . KING COur,TY SURF _~ W~TER MAN~GEMENT - SERVICES CHARGES 'rhere 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 wi I I automat leal Iy be assigned to those who Qual ify: - An exemption for any home owned and occupied by a low-Income ~ clt Izen. - A discount for any parcel served by a County-approved retention/detent Ion (R/D) facility maintained by the owner. - A discount for any parcel (or part of a parcel) officially designated as ~ ~, RATE TABLE Rate Cate~lOry ..1-Resldent la I: Single-Family Home Percent Imperv I.ous Surface Annual Service Charpe N/A S 29.89 (regardless of size)" more than 0.' less than , O~~ S 29.89 (regardless of size) ", " , o~, up to 20% S 60.83/acre.... more than 20%, up to 45% $126.01/acreu more than 45%, up to 65% S243.33/acreu more than 65%, up to 85'; S308.51/acre.... more than 85': , Up to 100% $404,10/acre.... ..2-Very Light ..3-Llght ..4-Mo,der ate liS-Moderately Heavy "S-Heavy $ii-Very Heavy The maximu~ annual service charge for mobile home parks shall be $25.85 times the number of mobile home spaces. (Per King Coun~y Ordinance 8626, ado~ted 8/22/85.) In addition to the Charge per acre, there is also a processing charge of $3.82 per service charge bill. R~TE 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 I I ing date. (Fi ling a request wi I I 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 /;,:); ;-1)