Ord 90-032�
0072.20002
WDT/imm
02/02/90
ORDINANCE NO. 90-32
��
AN ORDINANCE OF THE CITY OF FEDERAL WAY,
WASHINGTON, ESTABLISHING A STORM AND
SURFACE WATER UTILITY; IMPO5ING CHARGES
FOR THE USE THEREOF;
WHEREAS, RCW 35.67 authorizes the City to establish a
storm water utility, now, therefore,
THE CITY COiJNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Definitions.
A. Basin Plan. The Plan and all implementing
regulations and procedures including but not
limited to land use management adopted by ordinance
for managing surface and storm water management
facilities and features within individual drainage
basins.
B. Developed Parcel. Any parcel altered fron� �he
natural state by the construction, creation or
addition of impervious surfaces.
C. �mpervious Surface. A hard surface area which
either or retards the entry of water into
the soil mantle as it entered under natural
conditions pre-existent to development, and/or a
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ORIGINAL
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hard surface area which causes water to run off the -
surface in greater quanti ties or at an increased
rate of flow from the flow present under natural
conditions
pre-existent
Common
to
development.
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 water.
Open,
uncovered retention/detention facilities shall not
be
considered
impervious
the
surfaces
for
as
purpose of this ordinance.
D.
Land Use Code.
The type of development on a
specific parcel of land as identified by records
maintained by the city as modified or supplemented
by information resulting from investigation by the
surface water management division.
Land use codes
are
preliminary
indicators
of
the
extent
of
impervious
and
used
in
initial
surface
are
the
analysis to assign an appropriate rate category for
a
specific parcel.
"service
station" ,
"single-
family home", and "shopping center" are examples of
land use codes.
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E.
Maintenance.
The act or process of cleaning,
repairing or preserving a system, unit,
facility,
structure or piece of equipment.
F.
Open Space.
Any parcel, property or portion
thereof classified for current use taxation under
the provisions of Chapter 84.34 RCW, or for which
the
development
rights
have
been
sold
to
King
County under the provisions of K.C.C. 26.04.
This
definition
includes
which
lands
have
been
classified as open space,
agricul tural or timber
lands under criteria
contained
in
Chapter
84.34
RCW.
G.
Parcel.
The smallest separately segregated
unit or plot of land having an identified owner,
boundaries,
and surface area which is documented
for property
given
and
tax purposes
a
tax
lot
number by the King County assessor.
H.
Person shall be construed to include
Person.
any
individual,
company,
association,
firm,
corporation or governmental agency.
r.
Public
Works
Director.
Public
Works
The
Director or his/her designee.
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J.
Rate Category.
The
classification
in this
ordinance given to a parcel
in the service area
based upon the type of land use on the parcel and
the percentage of impervious surface area contained
on the parcel.
K.
Retention/Detention
Facilities
Facilities.
designed either to hold runoff for a short period
of
time
natural
it
and
then
release
to
the
watercourse or to hold water for a considerable
length
time
disperse
evaporation,
it by
of
and
plant absorption or infiltration into the ground.
L.
Residence.
A building or structure or portion
thereof, designed for and used to provide a place
of
for human beings.
The term residence
abode
includes
"residential"
or
"residential
the
term
unit" as referring to the type of or intended use
of a building or structure.
M.
Residential Parcel.
Any parcel which contains
no more than three residences or three residential
units which are within a single structure and is
used primarily for residential purposes.
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('
N.
service Area.
The area described in Exhibit A
hereto attached and made a part hereof.l
o.
storm Water Control Facilities.
Any facility
improvement,
development,
property
or
interest
therein,
made,
constructed
or
acquired
for
the
purpose
of
controlling,
or
protecting
life
or
property from any storm, waste,
flood or surplus
waters.
P.
Surface
and
storm Water Management
System.
The surface and storm water management system is
comprised of storm water control facilities and any
other natural features which store, control, treat
and/or convey surface and storm water.
Q.
Undeveloped Parcel.
Any parcel which has not
been
altered
from
its
natural
state
by
the
construction,
creation,
or addition of impervious
surfaces.
Section 2.
Authority.
A.
There is hereby created and established the
Surface Water Management Utility
of
Federal
Way
under which the provisions of this ordinance shall
be carried out.
l(EXhibits available in office of city Clerk.)
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B.
utility
be
The
herein
created
shall
administered by the Public Works Director.
C.
Right of Entry.
Whenever necessary to examine
the property characteristics of a particular parcel
for the determination of rates and charges,
the
Public Works Director may enter any property or
portion thereof at reasonable times in compliance
with the following procedures:
1.
If such property or portion thereof is
occupied,
Public
Director
the
Works
shall
present identification credentials, state the
reason for entry and request entry.
2.
If such property or portion thereof is
unoccupied,
the Public Works Director shall
first make a reasonable effort to locate the
owner
other
having
or
charge
or
persons
control of the property or portion thereof and
request entry.
3.
Unless entry is consented to by the owner
or
in
or
control
of
property
person
any
portion thereof,
the
City,
prior to
entry,
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shall obtain a search warrant as authorized by
the laws of the state of Washington.
D.
The utility may coordinate activities related
to
surface
water
management,
including
but
not
limited to basin planning,
maintenance, operation
and
construction
of
facilities,
water
quality
control,
contracting for services with interested
municipalities or special districts including but
not limited to sewer and water districts,
school
districts,
port
districts
or
other
governmental
agencies.
section 3.
Purpose.
It is the finding of the City
that the Surface Water Management utility is necessary in order
to promote public health, safety and welfare by establishing and
operating a comprehensive approach to surface and storm water
problems.
The purpose
of the
rates
and
charges
established
herein is to provide a method for payment of all or any part of
the cost and expense of maintaining and operating storm water
control facilities,
all or any part of the cost and expense of
planning,
designing,
establishing,
acquiring,
developing,
constructing and improving any of such facilities, or to payor
secure the payment of all or any portion of any issue of general
obligation or revenue bonds issued for such purpose.
These rates
and charges are necessary in order to promote the public health,
safety and welfare by minimizing uncontrolled storm water and
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sedimentation,
to preserve and utilize the many values of the
City's
natural
drainage
system
including water quality,
open
space, fish and wildlife habitat, recreation, education and urban
separation and drainage and erosion control facilities,
and to
provide for the comprehensive management and administration of
surface and storm water.
Section 4.
Applicabili tv.
A.
Developed
parcels
within
the
service
area
shall be billed each year for storm water control
facilities service charges.
B.
The service area may be modified in accordance
with
policies
contained
in
this
ordinance.
Modifications
to
the
service
area
shall
be
by
ordinance.
section 5.
Policv.
A.
In order to achieve a comprehensive approach
to surface water management the city and County
should
coordinate
in
the
planning,
project
construction,
facility maintenance and regulation
of private and public developments.
In addition,
the utility should coordinate activities related to
surface water management, including but not limited
to
basin
planning,
maintenance,
operation,
and
construction
of
facilities
and
water
quality
control.
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B.
It is the finding of the city that many of the
difficulties
found
in the management
of
surface
water problems are contributed to by the general
lack of public knowledge
about the
relationship
between human
actions
and
land use
changes
and
surface water management.
In order to achieve a
comprehensive approach to surface water management
the City should provide general information to the
public about the use of land and human activities
which impact surface water management.
It is the
finding of the City that public school districts
can
provide
the
City
significant
benefits
to
regarding
surface
water
management
through
educational
which
provide
students
programs
an
appreciation
activities
for
human
and
land
use
practices that create surface water problems and
involve
students
learning
by
first
from
hand
exposure, the difficulties of curing surface water
management
problems
after
they
occur,
through
community activities related to stream restoration
and enhancements.
C.
Developed Properties.
It is the finding of
the City that developed properties contribute to an
increase in surface and storm water runoff to the
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surface and storm water management system.
This
increase in surface and storm water runoff results
in
establish
the
need
to
rates
and
charges
to
finance the City's activities in storm and surface
water management.
Developed properties shall be
subject to the rates and charges of the Surface
Water
utility
on
their
Management
based
contribution to increased runoff.
The factors to
be
determine
increased
the
degree
of
used
to
surface and storm water runoff to the surface and
stormwater
management
particular
system
from
a
parcel
percentage
impervious
shall
the
of
be
surface
the
and the total
coverage
on
property
acreage of the parcel.
D.
Undeveloped Properties.
It is the finding of
the City that undeveloped parcels do not contribute
to an increase in surface and storm water runoff to
the
and
water
system.
management
surface
storm
Undeveloped properties
shall
be
exempt
from the
rates and charges of the Surface Water Management
utili ty-.
E.
Storm Water Control Facilities.
It
is the
finding of the City that maintained storm water
control
facilities mitigate the increased runoff
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contribution of developed parcels by providing on-
site
drainage
control.
Parcels
served
by
retention/detention storm water control facilities
which were:
1)
required for development of the
parcel pursuant to this Ordinance and approved by
the city; or 2) can be demonstrated by the property
owner to provide detention/retention of stormwater
to the standards set for in Ordinance No. 90-31 ,
shall receive a discount as provided in the rates
and
charges
of
the
Surface
Water
Management
utility, provided that, the facility is maintained
at
the
parcel
owner's
to
the
standard
expense
established by the city.
Properties which contain
a stream,
creek,
lake,
pond or wetland that has
been
identified
an
in an adopted basin plan as
important storm water control facility and remain
under the control and ownership of the parcel owner
shall receive a discount from the rates and charges
of
utility,
the
provided
facility
is
the
that
maintained at the parcel
owner's expense to the
standard
required
of
public
by
the
department
works.
F.
It is a finding of the City that
Open Space.
open
properties
the
provide
a benefit to
space
surface and storm water management system by the
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retention
of
in
property
undeveloped
state.
an
Open space properties shall receive a discount from
the rates and charges to encourage the retention of
property in the undeveloped state.
G.
Residential Parcels.
It is a finding of the
City
majority
that
the
of
the
in
parcels
the
service area are residential.
The variance between
residential parcels in parcel size and percentage
of impervious surface coverage is found to be minor
and to reflect only minor differences in increased
runoff contributions.
The administrative cost of
calculating
service
individually
the
charge
for
each
residential parcel
and maintaining accurate
information would be very high.
A flat charge for
residential parcels is less costly to administer
than calculating a separate charge for each parcel
and is
equitable because of the similarities in
total
size
impervious
parcel
and
total
surface
coverage between residential parcels.
Therefore,
residential parcels shall be charged a flat charge
based
size
the
parcel
and average
upon
average
percentage of impervious surfaces.
H.
Lightly
a
Very
Developed
Parcels.
is
It
finding of the City that very lightly developed
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non-residential parcels which have an
impervious
surface
under
10%
of the
total
parcel
coverage
acreage are characterized by a very low intensity
of
development
and
generally
large number
of
a
acres.
A greater number of acres of undeveloped
land associated with an impervious surface results
in significantly less impact to the surface and
storm water management system.
1.
Lightly to Very Heavily Developed Parcels.
It
is
City that
light to very
the
finding of the
heavily
non-residential
which
developed
parcels
have an impervious surface coverage between 10% to
100% have a substantial impact on the surface and
storm water management system.
The impact of these
parcels to the surface and storm water management
system
increases
with
size
of
the parcels.
the
Therefore,
light
heavily
developed
to
very
properties shall be charged a rate determined by
the
impervious
coverage
surface
of
percent
multiplied by the parcel acreage.
J.
Road Systems.
It is a finding of the City
that
city,
roads
contribute
a
and
state
county
significant
increased
to
the
runoff
amount
of
surface and storm water management system,
which
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contributes to the need for basin planning, storm
drainage
facilities
control
and
other
related
services.
However, the city and county roads and
state highway programs provide substantial annual
programs for the construction and maintenance of
storm drainage control facilities,
and the roads
systems
their
associated
and
storm
drainage
facilities serve as an integral part of the surface
and
storm
water
management
system.
The
rate
charged city and county roads and state highways
shall reflect the benefit which city and county
roads and state highway facilities provide to the
surface
and
storm
water
management
system
and
therefore will exclude any system costs associated
with
capital
improvements
and
on-site
retention/detention
facility
maintenance.
The
percentage of impervious surface coverage for city
and
highways
roads
and
county
state
shall
be
calculated by dividing average width of roadway and
shoulder by
width
right
the
of
the
of
average
way.
The service charge shall be determined by
multiplying the acres of road and highway right of
way within the service area times the rate per acre
identified in section 6.
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K.
Service Charge Revenues.
It is the finding of
the city that comprehensive management of surface
and storm water runoff must include anticipation of
future growth and development
in the design and
improvement
of
the
surface
and
storm
water
management system. Service charge revenue needs
shall be based upon the present and future
the surface and storm water
requirements
of
management
system,
and
these
needs
shall
be
considered when determining the rates and charges
of the utility.
L.
Basin Plans.
It is the finding of the City
that basin plans are essential to establishing a
comprehensive
capital
improvement
approach
to
a
program, maintenance of facilities and regulation
of new developments.
A plan should analyze the
measures needed to control surface and stormwater
runoff which results from existing and anticipated
development
within
measures
basin.
the
The
investigated to control runoff should include land
use regulation such as setback requirements which
revise land use densities as well as the use of
drainage control facilities.
A plan also should
recommend the quantity and water quality
runoff
control measures required to further the purposes
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set forth in this ordinance, and community goals.
The
institutional
regulations
requirements,
including but not limited to land use management,
funding
incentives
needs,
and
for
preserving
streams, lakes and wetlands for plan implementation
should be identified in the plan.
M.
with
Stormwater Treatment
Direct
Discharge.
It is a finding of the City that any parcel or
those portions of any parcel served by a stormwater
treatment
facility which has
a
current National
Pollutant
Discharge
Elimination
System
(NPDES)
permit and which discharges its treated effluent
directly into Puget Sound does not significantly
contribute
various
the
problems
to
created
by
increased runoff.
Any parcel or portion of the
parcel served by such a facility should be exempt
from the rates and charges of this ordinance.
section 6.
Rate Structure.
A.
The
service
on the
charges
shall
be
based
relative
contribution
increased
of
surface
and
storm water
given
the
runoff
from
parcel
to
a
surface and storm water management system.
The
percentage of impervious surfaces on the parcel and
the total parcel acreage will be used to indicate
the relative contribution of increased surface and
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storm water runoff from the parcel to the surface
and storm water management system.
The relative
contribution of increased surface and storm water
runoff from each parcel determines that parcel's
share of the service charge revenue needs.
The
service charge revenue needs of the utility are
based upon al or any part,
as determined by the
council, of the cost and expense within the service
area
of
maintaining
water
and
operating
storm
control facilities, all or any part of the cost and
expense
of
planning,
establishing,
designing,
acquiring, development, constructing, and improving
any of such facilities,
or to payor secure the
payment
or any portion
any
issue
of
all
of
of
general obligation or revenue bonds issued for such
purpose.
B.
The Public Works Director shall determine the
service charge for each parcel within the service
area by the following methodology:
Residential and
very light non-residential parcels shall receive a
flat rate service charge for the reasons set forth-
in section 5.
Parcels shall be classified into the
appropriate rate category in subsection C of this
section by their percentage of impervious surface
coverage.
Land use codes and data collected from
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each
investigations will be used to determine
parcel
parcel's
percentage
of
impervious
surface
coverage.
After a parcel has been assigned to the
appropriate rate category, the service charge for
the parcel will be calculated by multiplying the
total acreage of the parcel times the rate for that
category.
C.
There is hereby imposed upon all developed
properties
in
the
service
charges as follows:
Impervious Surface
Class
Percentaae
Residential (R)*
NA
Very Light (VL)
Light (L)**
0 - 10%
10 - 20%
Moderate (M)**
20 - 45%
Moderately Heavy (MH)**
45 - 65%
Heavy (H)**
65 - 85%
Very Heavy (VH)**
85 - 100%
City and County Roads
NA
State Highways
NA
*
is
by
Parcel
owned
area
annual
service
Rate
$ 26.07/parcel/year
$ 26.07/parcel/year
$ 60.83/acre/year
$126.01/acre/year
$243. 33/acre/year
$308.51/acre/year
$404.10/acre/year
$ 90.44/acre/year
***
and
is
personal
the
residence of a person or persons determined by the
Public Works Director as qualified for a low income
senior citizen property tax exemption under RCW
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84.36.381, then the parcel shall be exempt from the
service charge and the annual flat rate charge set
forth in D. of this section.
**
minimum
be
service
The
charge
shall
$26.07/parcel/year.
maximum
The
annual
service
charge for mobile home parks shall be $29.89 times
per the number of mobile home spaces.
***
Washington
state
The
rate
charged
to
the
Department of Transportation will be determined in
accordance with RCW 90.03.525.
D.
An additional flat rate charge of $3.82 per
year will be added to each service charge bill to
pay for the operation of the billing system.
E.
council
or
by ordinance may
The
supplement
alter charges within specific basins and sub-basins
of the service area so as to charge properties or
parcels of one basin or sub-basin for improvements,
studies, or maintenance which the council deems to
provide service or benefit the property owners of
one or more basin(s) or sub-basin(s).
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Section 7.
Rate Adiustments and Appeals.
A.
Any person billed for service charges may file
"Request for Rate Adjustment" with the Public
a
Works Director within three years of the date from
which the bill was sent.
However, filing of such a
request does not extent the period for payment of
the charge.
B.
Requests for rate adjustment may be granted or
approved by the Public Works Director only when one
of the following conditions exits:
1.
The parcel is owned and is the personal
residence of a person or persons determined by
the Public Works Director as qualified for a
low
income
senior
tax
citizen
property
exemption
authorized
RCW
84.36.381;
under
parcels qualifying hereunder shall be exempt
from all charges imposed in Section 6.
2.
The acreage of the parcel charged is in
error;
3.
The
parcel
is
non-residential
the
and
actual
impervious
coverage
surface
of
the
parcel charged places it in a different rate
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category than the rate category assigned by
the Public Works Director;
4.
The parcel
is
non-residential
and the
parcel meets the definition of open space in
Section
1
of
this
ordinance.
Property
qualifying hereunder will be charged only for
the area of impervious surface and at the rate
which the parcel is classified under using the
total parcel acreage;
5.
The
parcel
is
served
by
one
or more
retention/detention
facilities
required
pursuant
to
the
provisions
of
Ordinance
No.
90-31
or can be demonstrated by the
property owner to provide detention/retention
of stormwater to the standards set forth in
Ordinance No.
90-31
and maintained at the
expenses of the parcel owner to the standards
required by the city; non-residential parcels
except in the light rate category qualifying
hereunder shall be charged at-the rate of one
lower rate category than it is classified by
its
percentage
. of
impervious
surface
coverage.
Non-residential
parcels
in
the
light category qualifying hereunder shall be
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charged at the rate of $23.90/acres/year plus
the flat rate charge.
Residential parcels and
parcels in the very light category qualifying
hereunder shall be charged $13.04/parcel/year
plus the flat rate charge;
6.
A parcel contains a stream, creek, lake,
pond or wetland that has been identified in an
adopted drainage basin plan as an important
storm water control
facility;
provided that
the parcel owner provides annual maintenance
to the standard required by the city.
Parcels
qualifying
hereunder
shall
be
granted
a
discount in the manner set forth in subsection
B.S.
of
this
section.
However,
parcels
qualifying under Subsection B.S.
and B.6.
of
this section shall receive only one rate class
discount, whichever is the greater.
7.
A parcel is divided by the boundary of
the service area and the impervious surfaces
of
the
parcel
are
outside
of
the
service
area.
Property qualifying hereunder shall be
exempt
from
the
rates
and
charges
of
the
ordinance;
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8.
A parcel is divided by the boundary of
the service area and the impervious surfaces
of the parcel are outside of the service area:
parcels qualifying hereunder shall be charges
as otherwise provided herein on the basis of
the lands and impervious surfaces which drain
into the service area:
9.
The rate or service charge is otherwise
erroneous
in
applying
the
terms
of
this
ordinance:
10.
A
parcel
is
served
by
a
stormwater
treatment
facility
which
holds
a
current
National
Pollutant
Discharge
Elimination
system (NPDES) permit under the authority of
the
Clean
Water Act
of
1982,
Section
402,
specifically
for
the
the
treatment
of
stormwater
form the parcel
and
said
system
discharges directly into Puget Sound, without
in
any
way
utilizing
any
other
stormwater
conveyance
or
storage
facilities.
Parcels
qualifying hereunder will be charged only for
the area of impervious surface not served by
the stormwater treatment facility and at the
rate based upon the unserved portion of the
parcel:
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11.
A parcel is owned or leased by a public
school district which provides activities
which directly benefit the surface water
utility. The activities may
management
include:
curriculum specific to the issues
and problems of surface water management, and
student activities in the community to expose
students to the efforts required to restore,
monitor
enhance
the
surface
water
or
management system.
The amount of the rate
adjustment shall be determined by the Public
Works
Director
upon
based
the
cost
of the
activities to the school district but not to
exceed
value
activity
the
the
the
of
to
surface water management utility.
The rate
adjustment
for the school district acti vi ty
may be applied to any parcel in the service
area which is owned or operated by the school
district.
c.
The property owners shall have the burden of
proving that the rate adjustment sought should be
granted.
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D.
Decisions
on
requests
rate
adjustments
for
shall be made by the Public Works Director based on
information submitted by the applicant and by the
city
within
days
adjustment
of
30
the
request
except when additional information is needed.
The
applicant
notified
in
writing
shall
be
of
the
Public Works Director's decision.
If an adjustment
is
which
the
granted
reduces
charges
for
the
current year
prior years,
the
applicant
two
or
shall
overpaid
the
in
be
refunded
the
amount
current and two prior years.
E.
Public Works
a
Director
finds that
If
the
service charge bill has been sent to a parcel owner
which was undercharged for the amount of impervious
surface
parcel,
then either
an
the
on
coverage
amended bill
issued which reflects the
shall be
increase in the service charge or the undercharged
amount will be added to the next year's bill.
This
amended bill shall be due and payable under the
provisions
in
9
of
this
section
forth
set
ordinance.
The Public Works Director may include
in
bill
the
amount
undercharged
for
two
the
pervious billing years.
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F.
Decisions
Public Works
on
Director
the
of
requests for rate adjustments shall be final unless
within thirty days of the date the decision was
mailed,
the applicant submits in writing to the
Public Works Director a notice of appeal setting
forth a brief statement of the grounds for appeal
and requesting a hearing before the City Council.
section 8.
Billina Procedure.
A.
All property subject to charges of the utility
shall
billed
on
based
the
property
be
characteristics existing on November 1, of the year
prior to the billing year and at the rate as set
forth in section 6.
Billing year is the year that
the bills are sent.
The service charge shall be
mailed to the name and address shown on the real
property tax roll at the time annual property tax
bills are prepared.
B.
The total amount of the service charge shall
be due and payable to the City on or before the
30th day of April and shall be delinquent after
that date; however,
if one-half of such service
charge is paid on or before the said 30th day of
April, the remainder shall be due and payable on or
before
31st
of
October
and
shall
be
the
day
delinquent after that date.
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WDTO17740
c.
Parcel characteristics affecting the service
charge which are altered after November 1 of any
year shall not be a basis for calculation of the
service
until
charge
after
December
of
31
the
following year.
Section 9.
DelinQUencies and Foreclosures.
A.
Delinquent service charges shall bear interest
at the rate of 12 percent per annum, or such rate
as may hereafter be authorized by law, computed on
a monthly basis from the date of delinquency until
paid.
Interest shall be calculated at the rate in
effect
time
charges
of
payment
of
the
at
the
regardless
delinquent.
of
the
first
charges
when
were
B.
city
lien
for delinquent
shall
have
The
a
service
including
interest
thereon,
charges,
against any property subj ect to service charges.
The lien shall be superior to all other liens and
encumbrances
except general
taxes
and
local
and
special assessments.
Such ìien shall be effective
and shall be enforced and foreclosed in the same
manner as provided for by RCW 35.67.200 through
35.67.290;
except
that
service
charge
lien
the
shall be effective for a total not to exceed one
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"
year's
delinquent
service
charges
without
the
necessity of any writing or recording of the lien
with
the
County.
The
city
may
commence
to
foreclose a surface water management service charge
lien after three years from the date surface water
management charges become delinquent,
in lieu of
the provisions provided in RCW 35.67.230.
section
10.
Surface
water
Manaaement
Fund.
All
service
charges
shall
be
deposited
in
the
Surface
Water
Management Fund in the office of finance which fund is hereby
created to be used only for the purpose of paying all or any part
of the cost and expense of maintaining and operating surface and
stormwater management facilities, all or any part of the cost and
expense
of
planning,
designing,
establishing,
acquiring,
developing, constructing and improving any such facilities, or to
payor secure the payment of all or any portion of any issue of
general
obligation
or
revenue
bond
issued
for
such
purpose.
Monies in said fund not needed for immediate expenditure shall be
invested for the benefit of the surface water management fund.
Section
11.
Administrative
Procedures.
The
Public
Works
Director
shall
development
administrative
procedures
relating to
the
imposition and collection of service charges
including but not limited to:
A.
Procedures for the application and review of
requests
for
adjustments
to
service
charges
including timely review and decision on adjustments
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for the first year of the service charge where a
higher
number
of
requests
for
adjustments
is
expected.
B.
Procedures
for
the
filing
of
liens
and
initiation of foreclosure on delinquent accounts.
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
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;
provided
however, the utility charges imposed herein shall be effective on
and after February 28. 199Q.
PASSED by the city council of the city of Federal
Way this 13th day of
February, 1990.
CITY OF FEDERAL WAY
~~
MAYOR, DEBRA ERTEL
ATTEST/AUTHENTICATED:
ffik /L/ {/ ~
CITY CLERK, DELORES. MEAD
WDT017740
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APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
:~ :;.- c~~~, ;""
PASSED BY THE CITY COUNCIL: 2/13/90
PUBLISHED: 2/16/90
EFFECTIVE DATE: February 28, 1990
ORDINANCE NO. qll-'l?
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.
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
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City of Federal Way, hereinafter called "City," and King County, hereinafter
3
called "County."
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WHEREAS, residents of the unincorporated King County area known as
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Federal Way have voted to become an incorporated city, and
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WHEREAS, King County has a Surface Water Management Program supported
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by a service charge on developed properties in unincorporated King County,
contained in King County Code Chapter 9.08, pursuant to State Law, and
WHEREAS, the City represents it has the authority to enter into this
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contract and to establish a Surface Water Management Program and Service
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Charge, and
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WHEREAS, the parties agree that continuation of comprehensive surface
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water management services is beneficial to the residents and environment in
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the incorporated area, and
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WHEREAS, the King County Surface Water Management Program must enter
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into an interlocal agreement with Federal Way to deliver services or collect
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revenue in the incorporated area after the effective date of Federal Way
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incorporation, and
19
WHEREAS, Federal Way and King County agree on the services to be
20
provided through 1990, and the collection of revenue to support those
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services, and
22,
, '
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
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about delivery of drainage services, and
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WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, the
281
291
parties are each authorized to enter into an agreement for cooperative
action;
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NOW THEREFORE, in exchange for the mutual promises made herein, the
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parties hereto agree as follows:
3
I.
The purpose of the agreement is:
A. To provide the residents of the City with the continuation
of drainage related services and the revenue necessary to
support the services, through the Surface Water Service
Charge.
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B. To establish a means whereby the County can act as the City's
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agent, continuing to collect the service charge for the
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City.
C. To define and establish the type of services which will be
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12
delivered in the City by the County.
II. Authority to Act
13
The City shall enact the necessary legislation adopting King
1.
14
County's regulations for the collection of surface water
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service charges as identified in this agreement. This
16
agreement shall take effect on the effective date of said
legislation. The County's regulations and fee schedule are
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18
set out in King County Code, Chapter 9.08.
III. Definitions
19
20
A. "Surface Water Management Program" (SWM Program) is the
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drainage-related service program designed to address both
22
existing problems caused by surface water runoff and future
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problems in developing areas. This term refers to the
program adopted by the City in Ordinance qD..j/.t <f6.-':s.?,
24
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 d~livers drainage-related services
including incorporated areas where an agreement is in place
and unincorporated areas of the western one-third of the
County as described in King County Code, Chapter 9.08.
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IV.
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e
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D. "Services" means the activities provided to the residents
and property owners of the City under this agreement. For
purposes of this agreement, drainage 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.
The County will provide the City with information about
3.
4.
delinquent accounts.
The County will, in consultation with the City, prepare
additional agreements as necessary, addressing the
cooperative management and construction of any capital
improvement projects selected by the City as part of the
Discretionary Services.
5. King County and Federal Way will enter into a separate
agreement for the cooperative management of the Hyiebos
Basin Plan and to share the costs associated with the Plan.
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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
incorporation.
3. Federal Way will work with the County's Surface Water
Management Division to establish the kind and level of
Discretionary Services the County will undertake on
behalf of the City. The parties agree the Discretionary
Service package will be resolved and become part of this
agreement on or before July 30, 1990.
4. The City will adopt such policies and procedures as are
required for delivery of the specific and agreed upon
Discretionary Services.
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v.
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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.
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C. Cost of Discretionary Services
1. The estimated costs for Discretionary Services are shown
in Exhibit 3 to this agreement.
2. In 1990, Discretionary Services will be negotiated between
the parties based on the difference between the proposed
allocation to Base Services as shown in Exhibit 2 and the
revenue from the Service Charge. Funds 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
23
VI. Administration
of the invoice.
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(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.
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B. In the event the Division Manager and the Public Works
Director are unable to reach agreement on any issue related
to the provision of services under this agreement, issues
will be resolved by the Director of the King County
Department of Public Works and the City Manager of Federal
Way.
C. The County will retain control over and maintain all records,
supervision, rights and benefits of personnel providing
service to Federal Way under this agreement.
D. The parties to this agreement will observe all public bidding
procedures where applicable.
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
VIII. Amendments and Extension or Termination
December 31, 1990.
(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
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IX.
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and new estimates will be negotiated between the
parties.
3. If the City wishes changes in level of , services under
this agreement, it will inform the County in writing
and the parties will agree as to the timing and
accomplishment of said changes.
c. This agreement may be terminated by either party upon
provision of ninety days written notice to the other party.
In the event of termination by the City, the City will be
responsible for actual costs for services to the effective
date of termination.
1. Provided that: should the City wish termination of
revenue collection services, the City will notify the
County in writing no less than ninety days before
December 31, 1990 or 1991, to terminate revenue collec-
tion services for the following year.
Hold Harmless and Indemnification
A. In executing this agreement, the County does not assume
liability or responsibility for or in any way release the
City from any liability or responsibility which arises in
whole or in part from the existence, validity, or effect of I
city ordinance, rules or regulations. In any such cause, I
I
claim, suit, action, or administrative proceeding is I
commenced, the City shall defend the same at its sole expense I
and if judgment is entered or damages are awarded against the
City, the County, or both, the City shall satisfy the same,
including all chargeable costs and attorney's fees.
B. The County shall indemnify and hold harmless the City and its
officers, agents. and employees, or any of them, from and
against any and all claims, actions, suits, liability, loss,
costs, expenses, and damages of any nature whatsoever, which
are caused by or result from a negligent act or omission of
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the County, its officers, agents, and employees in performing
services pursuant to this agreement.
In the event that any suit based upon such a claim, action,
loss, or damage is brought against the City or the City and
the County, the County shall defend the same at its sole cost
and expense; and if final judgment be rendered against the
City and its officers, agents, and employees or jointly
against the City and the County and their respective
officers, agents, and employees, the County shall satisfy the
same.
c. The City shall indemnify and hold harmless the County and its
officers, agents, and employees, or any of them, from and
against any and all claims, actions, suits, liability, loss,
costs, expenses, and damages of any nature whatsoever, which
are caused by or result from a negligent act or omi~sion of
the City, its officers, agents, and employees.
In the event that any suit based upon such a claim, action,
loss, or damage is brought against the County or the City and
the County, the City shall defend the same at its sole cost
and expense; and, if final judgment be rendered against the
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County and its officers, agents, and employees, or jointly
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against the County and the City and their respective
officers, agents, and employees, the City shall satisfy the
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4
same.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on
6
the day and year first above mentioned.
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King County Executive
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FEDERAL WAY:
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EXHIBIT 1
DESCRIPTION OF CONTRACT SERVICES
King County wi 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 Itles 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 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 stencl ling
projects, and water quality monitoring programs).
F/AI:ILA5-EXl
---~-'\TTl.Lrl--T --~
..
,(
~ KING COUNTY 4It
. SURFACE WATER MANAGEMENT . .
SERVICES CHARGES
There are two types of service charges -- the flat rate and the sliding rate:
- The ~ rate service charge of $29.89 a year applies to single-family homes and
parcels with less than 10% Impervious surface.
- The sliding rate service charge applies to 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
I Rate Category Percent Impervl.ous Surface Annual Service Charge
I #1-Resldentlal:
I Single-Family Home N/A $ 29.89 (regardless of size)*
I
! #2-Very Light more than 0%, less than 10% $ 29.89 (regardless of size)
I
I #3-L I ght 10% up to 20% $ 60.83/acre**
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I #4-Moderate more than 20%, up to 45% $126.01/acre**
.
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I #5-Moderately Heavy more than 45%, up to 65% $243.33/acre**
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I #6-Hea vy more than 65%, up to 85% $308.51/acre**
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I #7-Very Heavy more than 85%, up to 100% $404.10/acre**
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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.
(F i I ing a request wi II not extend the payment per iod, 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)
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EXHIBIT 3
ArrACH~ENT B: FEOERAl VAY SERVICE CONTRACT
Print Dite II-J.n-90 (file: FEDVAY6 1/3/90)
DISCRETIONARY SERVICES
1990
DISCRETIONARY SERVICES
1. PlANNING
--Or.iuge Studies
--Ulilily Progr.a Developaenl
--Slreu G.ging
Sublot.l
2. ftAINTENANCE
--In ROid Convey.nce Systus
--Witer QUility Ficilities
--Eaergency Spill Clein Up
Subtohl
3. REGUlATI ON
--Non-perail Enforceaent Actions
4. PUBLIC INYOLYEftENT
--Coaaunity action grants, streaa
clein-up ictivities, ind relited
volunteer progrils
5. FINANCIAL ADftlNISTRATION
--Engineering Support For
New Accounts
6. CAPITAL IftPROVEftENTS
--ftijor Capitil Projecls
--Streit Restorition Projects
--S..II-Scale Drainage Projects
Sub lo hi
16,000
130,000
3,000
149,000
292,000
81,000
8,000
381,000
26,000
13,000
4,000
3,606,000
217,000
20,000
1991
20,000
o
3,000
23,000
292,000
4,000
8,000
304,000
18,000
16,000
2,722,000
217,000
20,000
TOTAL
NOTES/ASSUftPTIONS
36,000 Assules i tot.1 of five studies.
130,000 Bised on cOlpirible cost for City of Tukwili.
6,000 ftonitor .nd liint.in 2 giges.
172,000
584,000 Refer to note under 'Gener.1 Assulptions' below.
1,196,161 ft. of syste. (pipe l diteb) l 5,462 eatebbasins laintained in '90 l '9:
85,000 City's cost of sedilent disposil and water treatlent.
16,000 Assules 20 responses per yeir (eleluding equiplent).
685,000
44,000 B.sed on bistorical service levels.
29,000 Based on cost of existing progral.
s,ooo
9,000 Technical support for upditing, adjusting, adding revenue accounts.
6,328,000 16 projects in Federal V.y.
434,000 Alount reserved for streal restoration.
40,000 Alount reserved for sull-scale projects.
3,843,000 2,959,000 6,802,000
TOTAL DISCRETIONARY SERVICES 4,416,000 3,325,000 7,741,000
GENERAL ASSUmlONS
- Assules revenues .nd costs for 10 lonths in 1990 and 12 lontbs in 1991, witb the elception of In-Road Conveyance Systels costs which ire
annu.l costs for both 1990 ind 1991.
- No inflition.ry costs are included in esti..tes.
- The ..inten.nce of In-Road Convey.nce Syste.s is a co.ponent of the 'B.sic Services' described in the Ro.ds Division proposil for contrict
services in Federal Viy. The annual costs are listed .bove to highlight the City's opportunity to piy for these ..intenance costs using
revenues fro. the surface witer service cbarge.
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ATTACH"E~T A (COWTINUEP): fEDERAL VAY SERVICE CONTRACT
------------------------------------------------------
TOTAL HYLEIOS BASIN PlA~ COSTS
1988
1989
1990
Actul Costs
113<,m
1SI,546 N/A
Projecte4 Costs
Nth
S60,I47 Sl16,156
Tot.ls Sll(,77~ SIII,693 S316,156
1991
TOTAl
N/A S186,321
S53,844 S430,147
----------- ----------- ----------- ----------- -----------
---------.- ----------- ----------- ----------- -----------
153,844 S616,468
FEDERAL VAY'S COST SHARE
1990
Projpctec Costs
S263,463
xm
Fedml Vay Shm it m
165,982
----------- ----------- -----------
----------- ----------- -----------
1991
TOTAL
$53,844 $317,307
xm
xm
33,922
199,904
GENERAL hSSU"PT10NS
1990 costs iSSUIPS 10 lonths (S263,463l 01 totil 1990 annual cost 01 $316,156.
- feder.l Way only pays for share of projected Plco costs in 1990 cnd 1991.
- Federal Vir pars 63Z of 1990 and 1991 costs b.sed on the percentaqe of i.pervious
surface within the Hylebos Basin.
.
~XHIBIT 2 (cont'd)
tXHIBIT ,
Ammm A: m~ m mvICE cOliTRm
----------------~--------------------
REVENUES AN~ eASE SERVICES
Print ~I\e
IHW90.e: Fmm 1/3/901'
RrVENUE ESTlMTE
Res iden Ii allCom rdal
Federal ~ar ROids
SlalP Highurs
BASE SERVICES
I. PlANNIN6
--Hrlehos Bisin Plin
2. ftA1NTENANCE
--Inspecl Residenliil Facilities
--Inspecl COllercial Ficilities
--ftiinliin Residenlial Ficilities
--Upgride Residenliil Facililies
--ft.inliin Slm FHililies
--Elergencr Response
Subtotal
3. RE6ULATlON
--Dr.in.qe L.wsuits/CI.ils
~. PUBLIC INVOLVEftENT
--Prainage COlpliints/lnquiries
5. FlNANCIAL mINISTRATION
--One-TiIP SrstpI Setup
--Ongoing Billing ind Collection
Subtot.1
TOTAL EASE SERVICES
REVENUES AVAILABLE FOR
PISCRETIOHARY SERVICES
6ENfRAL ASSUftPTIOH5
1990
1991
TOTAL
NOTES/ASSUftPTIONS
762,000
120,000
12,000
V6B,000
144,000
15,000
1,730,000 15,500 iccounls 1990j 16,275 lccounts 1991.
26~,000 AssuIPS 213 liles lrinsfer 10 Citr.
27,000 Assuae Sllle continues to par fee for road surfaces.
B9~,000 1,127,000 2,021,000
200,000 Sised or ilpervious surtice; 6n of '90 l '91 costs.
46,000 Assules checled reirlrj 1990-85 flcililiesj 1991-114 facililies.
131,000 Assules checled yeirlYi 1990-330 flcililiesi 1991-3<5 ficilities.
165,000 1990-85 ficilities; 1991-114 flcilities.
122,000 One-tile cosl for 2< facilities.
7,000 12 hcililies in 1990 lnd 1991.
49,000 Assules 50 elerqency lainlenlnce needs.
m,ooo
9,000 Engineering support and elpert witness leslilony.
H,OOO Smd on hislorical levels of utivitr.
39,000 One-tile fee piid over lwo yelrSj Federal Way piyS ibout SO, of total.
117,000 15,500 iccounls 1990j 16,275 accounts 1991; .150 includes I, revenue
collection fee by the Finance Office.
156,000
919,000
1,102,000
- Assules revenues and costs for 10 lonths in 1990 .no 12 lonths in 1991.
- 110 infl.lionHT costs He included in esliutes.
166,000
H,OOO
H,OOO 22,000
7<,000 57,000
61,000 104,000
122,000 0
3,000 <,000
22,000 27,000
306,000 214,000
~,OOO 5,000
lb,OOO
18,000
19,000
52,000
20,000
65,000
71,000
85,000
563,000
356,000
331,000
771,000
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King County
Surface Water Management Division
Department of Public Works
Yesler Building
400 Yesler Way - Room 400
Seattle, WA 98104-2637
(206) 296-6519
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 through 1991
De~~
Enclosed are copies of the documents extending the original interlocal agreement
between King County and Federal Way through the end of 1991. As you know, the
agreement was extended three times, covering the first quarter, the second
quarter, and the final six months of 1991.
If you have any questions or need further information, please contact me at
296-8304.
S];
Susan Thomas
Intergovernmental Relations Coordinator
ST:JM:te
H2:LT34
Enclosures
cc:
Ken Guy, Assistant Manager, Surface Water Management Division
Debbie Arima, Manager, Program Development Unit
John Marchione, Program Analyst
.@.
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King County
Surface Water Management Division
Department of Public Works
Yesler Building
400 Yesler Way - Room 400
Seattle, WA 98104-2637
(206) 296-6519
;i) C--~)
March 13, 1992
t"-
PUBL1,C\ J;Oft
Mr. Cary Roe
Surface Water Manager
City of Federal Way
33530 First Way South
Federal Way, WA 98003-6210
RE: 1992 Contract Services Aqreement
Dear Mrrr~A..4'/
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
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King Cillll1ty
Slu'f.H't' "'ater Manag't'nH'nt Didsi(ln
lh'pal'lllH'11t 01!'llhli" \\'ork,
:-:\11 I )eXI"I' HOl'loll Hllilrling
:-J(J S,'cond AI't'nm'
Seattle. Wa,hingtllll ~IK1lI4
(20(;) 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' s 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,
/( ~i~ IFor
Jim Kra~~
Manager
JK:KG:dc(OlO:1227.1)
Enclosure
cc: Ken Nyberg, Assistant City Manager, City of Federal Way
,James Shanks, Department of Publ i c Works Di rector, 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
'. ( ,,",
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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
5
County, of certain service water management related services to Federal Way
6
WHEREAS, King County and Federal Way share interest in managing storm
and surface water runoff in order to protect property, lives and the
7
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 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
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services which will be negotiated annually through both jurisdiction's
budget process, and
WHEREAS, King County is able to continue providing certain technical
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support services on an as-needed basis when those services have been
negotiated in advance, and
21
22
WHEREAS, King County has a fully developed automated billing system
23
which can be used for other jurisdiction's billings when an interlocal
agreement is negotiated between the parties, and
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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.
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B. To establish a means whereby the County can act as the City's
agent to collect the service charge for the City.
C. To establish a mechanism for Federal Way to request that King
County provide certain technical surface water management related
services during the calendar year and to set forth the anticipated
hours and budget for those services.
II. The responsibilities of the parties are as follows:
A. Federal Way:
1. Federal Way has provided the legal authority for this
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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;
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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
15
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charge collection and providing specific drainage services;
d. authorizes the City to reimburse the County for the costs
18
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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
lS not limited to, the following:
. tax parcel account number;
. total acreage;
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impervious surface acreage;
location by drainage basin.
3. Federal Way will review billing system reports provided by
King County and will notify King County immediately of known
irregularities, errors or omissions contained in reports.
4. Federal Way will be responsible for any liens and foreclosures
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.
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 charge amount for the property.
b. King County will update the billing system by adding all
new property tax accounts occurring in Federal Way' and will
forward a report on the new accounts to Federal Way.
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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.
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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
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accounts.
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6. King County will respond in writing to the City's request for
technical support services.
III. Financial Arrangements:
A. Cost of Services:
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1. The cost of Technical Support services and of Billing and
20
Collection Services covered under this agreement is set forth
in Exhibits A and B attached to this agreement and incorpo-
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rated herein.
23
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:
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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
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of the gross service charge revenue collected by the County
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from Federal Way property owners will be paid to the Office
of Financial Management.
b. an annual per account Billing Services charge for basic
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.
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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.
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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,
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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
shall be recoverable from the other party.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on the
day and year first above mentioned.
Approved as to form:
KING COUNTY
FEDERAL Way
1-'2-7-]-0) z..
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EXHIBIT A
1992 TECHNICAL SUPPORT SERVICES COST SUMMARY
Federal Way has requested King County provide up to $25,000 worth of
professional staff support in the following surface water management program
areas in 1992:
Public Involvement
Environmental Mitigation
Regulation, Enforcement and Inspection/Technical Support
King County proposes the following configuration of staff resources to support
Federal Way program requests; the services are to be provided in 1992.
PROGRAM:
ESTIMATED COST
Public Involvement:
Program Analyst II, 80 hours
Program Analyst I, 20 hours
$ 5,376
1,191
Total Estimated Public Involvement Support
$ 6,567
Environmental Mitiqation:
Senior Ecologist, 90 hours
$ 6,269
Requlation. Enforcement. Inspection (REI) Technical Support:
Senior Engineer, 60 hours
Engineer, 200 hours
$ 4,388
$ 7,613
Total Estimated REI Support
$12,001
TOTAL ESTIMATED COST OF 1992 SERVICES
$24,837
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EXHIBIT B
1992 BILLING AND REVENUE COLLECTION SERVICES COST SUMMARY
1. Billing Service Charge: The King County Billing Service Charge includes
the King County staff time, supplies and overhead required to collect and
disburse the service charge revenue from properties located in Federal
Way. The rate assumes certain basic services will be included in the
staff time allocation.
The cost of providing the following services is included in the cost per
account:
- customer service;
- data input;
research on new and existing accounts as set forth in
Section II.B.l of the 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.
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1. ORIGINATING DEPT./Dlv.: ~W I S(,l) ^^
2. ORIGINATING STAF"F" PERSON: -:+:>ys ~--\-
EXT: ~t,') 3. DATE REQ. Bv: j,O/ i4 {9-:f.
4. TVPE OF" DOCUMENT REQUESTEO (CHECK ONEI:
D PROFESSIONAL SERVICES AGREEMENT
D MAINTENANCE/LABOR AGREEMENT
D PUBLIC WORKS CONTRACT
D SMALL PUSLIC WORKS CONTRACT
(Le.. THAN .as,CDC)
D PURCHABE AGREEMENT
(MATE"IA~. .U....L.III:.. EIiiIIUI..NENT)
D SECURITY OOCUMENT
(C.D., AIIIICEMENT ... PEII..'....AIN BaND; A..IIINfrrotCNT OF' FUND. IN LIEU OPO BOND)
ADDRESS:
7t' XJ
~Ave
~ .\;\ 1 ,C('l)..V\..it /KJ ",.i", or' ;;\ n J
~w-.\.e zue-
D CONTRACTOR SELECTION OOCUMENT
/",.a.. R.... R"P. R"QI ~
~ ~~TRACT AMENDMENT AG#: g{) - ;;a.,'3 G!
:k;:~:.N'1okt,~v""'.<Me~-\- ~I tFvJ
-:5WM 'e, ,"VU
C''
!2. . 1=eJe va
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PHONE: /'2tJCo) Z9 Gc- - 4?~( q
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D REAL ESTATE
.,
S. PRO.JECT NAME:
6. NAME OF" CONTRACTOR:
TVPE OF" PERSON OR ENTITV (CHECK ONEI:
D INDIVIDUAL. ~S E PROPRIETORS,HIP
D PARTNERSHIP \) . OR:ORATION
SIGNATURE NAME: ~ 1 s~'VU',Ue.
STATE:
TAX 10#/SS#:
TITLE: 'tY,..",clc,r J t~ \:') Nj2.
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: 1Je~
9. TOTAL COMPENSATION: $ t::71/~u('i.4o'J fIt tr~3 (INCLUDES EXPENSES AND SALES TAX, IF" ANV)
U,. CALCU&.ATICD ON HDURLY LoAaaR CH"..IIE - ATTAC..t aCHEDULE. OF' EMPLDYEE. TITLE. AND HDURLY .....TE.)
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 ONE):
D REQUEST FOR BIOS
D REQUEST FOR PROPOSALS
D REQUEST FOR QUOTES
D REQUEST FOR QUALIFICATIONS
D ARCHITECT & ENGINEER LIST
D SMALL WORKS ROSTER
~
\\\d-S I'll
~~~~
\~~.
~~
~~\J
~Q)~'\
11.
C~~~: R~VI~\
;;'::;O~
cr' ~w (ALL CONTRACTS)
[j;('RISK MANAGEMENT
~A L CDNT.....CT. ExcePT AMENDMENTS,
DNT.....aTDR SELECTIDN DDCUMENT)
PURCHASING
INITIAL/DATE ApPROVED
~LAW DEPARTMENT
.~ CITY MANAGER
~Y CLERK
D SIGNED COPY BA'?') TO ~R!.liI.NATlNJ3 DEPT.
D ASSIGNED AG # ':J.. 0 k~ ~
D PURCHASING: PLEASE CHARGE TO:
INITIAL/DATE ApPROVED
1\'~
12. CONTRACT SIGNATURE ROUTING
~t;"MENTS r
-k~l:f't"<::.e J.\Y\l2:f:.-i-'lelt,oj Or~)t~ \. OJvp-e~Wlevt..{.. ~lrY\~
l.hJf' ..t.kl'li CUy~~ ~li'+,ewu:?Ht-' ~ive.S iz/31!~11
uYpYt" r~l V'p\1 ~ IDY'lS .
f -
WHITE. ORIGINAL STAYS WITH CONTRACT CANARY - CLERK TO STA"''' PINK - LAW DEPT. GOLDENROD. ORIGINATING STA,.,.
LD492 (REV 6/95)
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King County
Water and Land Resources Division
Department of Natural Resources
700 Fifth Avenue, Suite 2200
Seattle, WA 98104-5022
(206) 296-6519
(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~An-n'Merrill
Intergovernmental Relations Coordinator
Enclosures
LAM:BL:lmM16
cc: Richard Rice, Billing Supervisor, Customer Account Services
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AG qo- EeL
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 BEA UTOMATICALLY 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 III.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.
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:
..
~~ ~h~," \fA, .
City Attorney, Landi K Lindell rv-
Pam Bissonnette, Di
Natural Resources
L2. /('2...1''17
DATE
III uiq)
DATE
.
ED~
It
(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 AgreementforSl/-iface'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.l. 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.
~ Y'b ~
Je;r"f I t~, ~'i
Surf~( ater Manager
IP:jg
enclosure
cc: Richard Rice, Billing! Account Services Supervisor
lelowm""'...........
~.
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RErE!VED
King County
Water and Land Resources Division
Department of Natural Resources
700 Fifth Avenue, Suite 2200
Seattle, WA 98104
(206) 296-651.9
(206) 296-01.92 FAX
<: r.: ")/J;"'97
...'" I _<.' i:)
September 17, 1997
FEDERAL "vVAYPUBLTC WORKS
ADl\:U..' ~~3'G~/,T; (!eX D [VISION
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 III.A., the costs of services for the
billing and collection services detailed in Exhibit B are subject to updates through the
attachment of revised exhibits to the agreement. The additional changes made in this
amendment eliminate the need to attach a new exhibit to the agreement each year, while
providing for the annual adjustments to continue in the same way that we have always been
doing them. The City will continue to be informed of the annual rate adjustment each year
once it has been determined.
Once I have received the amendment originals back from you with the City's signature, I will
forward them for signature by the County and return a completed original amendment to you
for your files. Thank you for your time and work in completing this effort. Should you have
any questions, please do not hesitate to call me at 296-8010.
enclosures
~
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l'x, ~
"A (\'~
LAM:BL
cc: Richard Rice, Billing and Account Services Supervisor
,fg,
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AMENDMENT To THE INTERLOCAL AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY
FOR THE PROVISION OF BILLING, COLLECTION, AND TECHNICAL SERVICES
ENABliNG THEAGREEMENT TO BEAUTOMATICALLY RENEWED
ANNUAUY 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 IlI.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
t
Date
Date
X::l!
:::'~
,
\, ~
e
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AMENDMENT To THE INTERLOCAL AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY
FOR THE PROVISION OF BILLING, COLLECTION, 'AND TECHNICAL SERVICES
ENABliNG THE AGREEMENT 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 III.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
I
Date
Date
.
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1J-6-- 9 () '02.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
WHEREAS, King County and Federal Way share interest in managing storm
and surface water runoff 'in order to protect property, lives and the
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environment, and
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WHEREAS, King County has provided surface water management services
along with billing and collection services to Federal Way from the time of
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incorporation as a city, and
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WHEREAS, Federal Way is now able to provide arainage related
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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
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support services on an as-needed basis when those services have been
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negotiated in advance, and
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WHEREAS, King County has a fully developed automated billing system
which can be used for other jurisdiction's billings when an interlocal
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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:
29 A. To enable Federal Way to utilize King County's billing and
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collection services for the collection of a surface water
management service charge for the City.
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ORIGINAL
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B. To establish a means whereby the County can act as the City's
agent to collect the service charge for the City.
c. To establish a mechanism for Federal Way to request that King
County provide certain technical surface water management related
services during the calendar year and to set forth the anticipated
hours and budget for those services.
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;
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. impervious surface acreage;
location by drainage basin.
3. Federal Way will review billing system reports provided by
King County and will notify King County immediately of known
irregularities, errors or omissions contained in reports.
4. Federal Way will be responsible for any liens and foreclosures
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 Suppo~t Services,
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22 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
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quarterly basis as follows:
a. Information provided by Federal Way on new commercial
construction projects will be used to calculate rate
classification and service charge amount for the property.
b. King County will update the billing system by adding all
new property tax accounts occurring in Federal Way' and will
forward a report on the new accounts to.Federal Way.
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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.
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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
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accounts.
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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 agreeme~t 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 co~t 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
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from Federal Way property owners will be paid to the Office
of Financial Management.
b. an annual per account Billing Services charge for basic
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 ~anagement
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.
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D.
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The parties to this agreement will observe all public bidding
procedures where applicable.
V. Effectiveness and Duration:
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A. This agreement shall become effective when the existing agreement
between the parties expires on December 31, 1991, and upon
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signature by all parties and will remain in effect until
December 31, 1997.
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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
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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 an~ the estimated
cost are subject to approval through the budget process of
each jurisdiction.
24 C. This agreement may be terminated by either party upon provision of
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ninety days written notice to the other party. In the event of
termination by the City, the City will be responsible for costs
for service as set out in this agreement to the effective date of
termination.
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VII. Hold Harmless and Indemnification
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 cliims 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,
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its agents, employees and/or officers. In the event the City or the County
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is forced to incur attorney's fees, legal expenses, or other costs to
enforce the provisions of this section, all such fees, expenses and costs
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shall be recoverable from the other party.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on the
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day and year first above mentioned.
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Approved as to form:
KING COUNTY
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FEDERAL Way
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. ty Manager
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EXHIBIT A
1992 TECHNICAL SUPPORT SERVICES COST SUMMARY
Federal Way has requested King County provide up to $25,000 worth of
professional staff support in the following surface water management program
areas in 1992:
Public Involvement
Environmental Mitigation
Regulation, Enforcement and Inspection/Technical Support
King County proposes the following configuration of staff resources to support
Federal Way program requests; the services are to be provided in 1992.
PROGRAM:
ESTIMATED COST
Public Involvement:
Program Analyst II, 80 hours
Program Analyst I, 20 hours
$ 5,376
1,191
Total Estimated Public Involvement Support
$ 6,567
Environmental Mitiqation:
Senior Ecologist, 90 hours
$ 6,269
Requlation. Enforcement. Inspection (REI) Technical Support:
Senior Engineer, 60 hours
Engineer, 200 hours
$ 4,388
$ 7,613
Total Estimated REI Support
$12,001
TOTAL ESTIMATED COST OF 1992 SERVICES
$24,837
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EXHIBIT 8
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., letters);
- 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 f~e assumes SI.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.
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EXTENSION OF TIlE INTERLOCAL AGREEMENT BETWEEN KING COUNTY
AND FEDERAL WAY FOR TIlE 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 lnterlocal 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 lnterlocal 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 lnterlocal 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
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1/L Federal W Man er
King C unty Prosecuting Attorney
COpy
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FOR
Exhibit A . .
AN INTERLOCAL AGREEMENT BETW ~
KING COUNTY AND THE CITY OF FEDERAL WAY
PROVISION OF SURFACE WATER MANAGEMENT SERVICES
AND COLLECTION OF REVENUES
This Agreement is made and entered into this day by and between the
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City of Federal Way. hereinafter called "City," and King County, hereinafter
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called "County."
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WHEREAS, resident~ of the unincorporated King County area known as
Federal Way have voted to become an incorporated city. and
WHEREAS, King County has a Surface Water Management Program supported
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by a service charge on developed properties in unincorporated King County,
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contained in King County Code Chapter9.0B, pursuant to State Law. and
WHEREAS, the City represents it has the authority to enter into this
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contract and to establish a Surface Water Management Program and Service
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Charge, and
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WHEREAS, the parties agree that continuation of comprehensive surface
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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
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WHEREAS, Federal Way and King County agree on the services to be
provided through 1990, and the collection of revenue to support those
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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
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services. ~ederal Way will have the opportunity to make long term decisions
about delivery of drainage services, and
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WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, the
parties are each authorized to enter into an agreement for cooperative
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NOW THEREFORE, in exchange for the mutual promises made herein, the
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parties hereto agree as follows:
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1.
The purpose of the agreement is:
A. To provide the residents of the City with the continuation
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of drainage related services and the revenue necessary to
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support the services, through the Surface Water Service
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Charge.
B. To establish a means whereby the County can act as the City's
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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.
II. Authority to Act
1. The City shall enact the necessary legislation adopting King
County's regulations for the collection of surface water
service charges as identified in this agreement. This
agreement shall take effect on the effective date of said
legislation. The County's regulations and fee schedule are
set out in King County Code, Chapter 9,08.
III. Definitions
A. "Surface Water Management Program" (ShiM 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 QO..3/ ..1C>..3~'J.
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 chaigc and coli~ers drainag!-related services
including incorporated areas where an agreement is in place
and unincorporated areas of the western one-third of the
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County as described in King County Code, Chapter 9.0B.
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D. "Services" means the activities provided to the residents
and property owners of the City under this agreement. For
purposes of this agreement, drainage 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 avaiiable to the City after
payment for Base Services.
IV. Responsibilities of the Parties
A. King County
1. In 1990, the County will deliver Base Services as
described in Exhibit 1 to this agreement.
2. In 1990, the County may provide to Federal Way the
Discretionary Services described in Exhibit 1 to this
agreement. Specific Discretionary Services will be
decided upon on or before JUly 30, 1990.
3. The County will provide the City with infonmation 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.
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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
incorporation.
3. Federal Way will work with the County's Surface Water
Management Division to establish the kind and level of
Discretionary Services the County will undertake on
behalf of the City. The parties agree the Discretionary
Service package will be resolved and become part of this
agreement on or before July 30, 1990.
4. The City will adopt such policies and procedures as are
required for delivery of the specific and agreed upon
Discretionary Services.
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Financial Arrangements
A. Revenue Collection
1. The County will collect and distribute revenue received
from properties within the City 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.
8. Cost of Base Services
1. The cost for services shown in Exhibit 2 represents the
estimated annual cost for 1990 for each service. The
estimates account for the costs of direct services plus
an administrative overhead charge. In 1991, the cost of
services will be adjusted to reflect cost-of-living
adjustments and any other economic adjustments adopted by
King County in the 1991 Budget Process.
2. Differences between estimated expenditures for Base
Services and actual expenditures will result in an
adjustment to the funds available for Discretionary
Services in the succeeding year. If, for example, in
1990, Base Services cost less than anticipated, the City
will have more funds available for Discretionary Services
in the following year.
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C. Cost of Discretionary Services
1. The estimated costs for Discretionary Services are shown
in Exhibit 3 to this agreement.
2. In 1990, Discretionary Services will be negotiated between
the parties based on the difference between the proposed
allocation to Base Services as shown in Exhibit 2 and the
revenue from the Service Charge. Funds remaining will be
used to pay for Discretionary Services.
3. In 1991, the amount available for Discretionary Services
will be the result of reconciling the actual cost of
Base Services in 1990 with the estimated cost as presented
in Exhibit 2. The cost of Discretionary Services in 1991
is subject to the same economic adjustments as Base
Services; see Section V, B. 1., above.
D. Bills and Payments
1. The County will prepare and present to the City quarterly
invoices showing the services provided and the cost of
the services. The first invoice will cover the period
from March 1, 1990 to June 30, 1990; thereafter invoices
will reflect three months of activity.
2. The City will pay the County within 45 days after receipt
of the invoice.
VI.
Administration
A. The Manager of the King County Surface Water Management
Division and the City's Director of Public Works or his/her
respective designees, shall compose the administration and
management of this joint cooperative program to continue
drainage related services in the City. Provided that the
City Manager will take the place of the City's Director of
Public Works until the City fills this position.
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B. In the event the Division Manager and the Public Works
Director are unable to reach agreement on any issue related
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to the provision of services under this agreement, issues
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will be resolved by the Director of the King County
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Department of Public Works and the City Manager of Federal
Way.
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C. The County will retain control over and maintain all records,
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supervision, rights and benefits of personnel providing
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service to Federal Way under this agreement.
D. The parties to this agreement will observe all public bidding
procedures where applicable.
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VII. Effectiveness and Duration
13
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.
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VIII. Amendments and Extension or 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 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.
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1. Changes in services as shown in Exhibits 2 and 3 to
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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
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than those discussed in Section V., the changes will be
reported to the City before adjusting the annual bUdget
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and new estimates will be negotiated between the
parties.
3. If the City wishes changes in level oi services under
this agreement, it will inform the County in writing
and the parties will agree as to the timing and
accomplishment of said changes.
C. This agreement may be terminated by either party upon
provision of ninety days written notice to the other party.
In the event of termination by the City, the City will be
responsible for actual costs for services to the effective
date of termination.
1. Provided that: should the City wish termination of
revenue collection services, the City will notify the
County in writing no less than ninety days before
December 31, 1990 or 1991, to terminate revenue collec-
tion services for the following year.
Hold Harmless and Indemnification
A.
In executing this agreement, the County does not assume
liability or responsibility for or in any way release the
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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
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The County shall indemnify and hold harmless the City and itS!
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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.
B.
officers, agents, and employees, or any of them, from and
against any and all claims, actions, suits, liability, loss,
costs, expenses, and damages of any nature whatsoever, whiCh
are caused by or result from a negligent act or omission of
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the County, its officers, agents, and employees in performing
services pursuant to this agreement.
In the event that any suit based upon such a claim, action,
loss, or.damage is brought against the City or the City and
the County, the County shall defend the same at its sole cost
and expense; and if final judgment be rendered against the
City and its officers, agents, and employees or jointly
against the City and the County and their respective
officers, agents, and employees, the County shall satisfy the
same.
C. The City shall indemnify and hold harmless the County and its
officers, agents, and employees, or any of them, from and
against any and all claims, actions, suits, liability, loss,
costs, expenses, and damages of any nature whatsoever, which
are caused by or result from a negligent act or omfssion of
the Cixy, its officers, agents, and employees.
In the event that any suit based upon such a claim, action,
loss, or damage is brought against the County or the City and
the County, the City shall defend the same at its sole cost
and expense; and, if final judgment be rendered against the
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County and its officers, agents, and employees, or jointly
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against the County and the City and their respective
officers, agents, and employees, the City shall satisfy the
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same.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the day and year first above mentioned.
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'0 COUNTY,
~ ~
King County Executive
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FEDERAL WAY:
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C; ty Manager ,/ 2/27/90- .
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EXH BIT 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 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 following:
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 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 Reoulatlon: Enforcing City-adopted drainage regulations that fall outside
of the land use and bul iding 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 signage projects. storm drain stenciling
projects, and water Quality monitoring programs).
~
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21,000 All'" Slllt cecli"rI 10 /IT Iff for rut nrlllfl.
m,ooo 1,127,000 2,021,000
IU,OOO 3~, 000 200,000 IIIfI er i.pmiou nrfm; '31 01 'n l 'f) mho
2~,OOO 22,000 11,000 Amari chrtlr/ Iw]n Im.fS fHililifli ml-lll fHiJilifl.
71,000 51,000 131,000 Amari chulr/ Twin ntH30 fldlilirl; ml'3\S fHililirl.
11,000 10\,000 11\,000 l!!HS IHililif\; ml-ll\ fllili\i.l.
122,000 0 122,000 Dwli.. COIl for 2\ hcililirl.
3,000 \,000 1,000 12 fHjJjlirl ic mo at mI.
2i ,ODD 27,000 ~!,OOO AlI"'1 SO !I"ltnll lIi.lrDlrtr 0,,11,
30!,000 21 ~,OOO m,ooo
~, 000 5,000 V,OOI r.!iar"ic! \Opperl at r:,HI .ilnfll IlIli,ooy.
H,OOO 18,000 H,OOO hsr/ 00 bil!oricl) ]rvr!1 ,I iCtivi\l.
I! ,000
S2,00C0
20,0~O
, LS,OOO
3!,000 &wtil! Iff plil OYfl Iro IrHli him] hI PlY I lhd m d \cl.l.
111,000 IS,\O~ mmll mOj 1I,275 ICcmll Imj 11Io ioth/fljlrmot!
col1,clioc iff ~y lh iiolDu Dffit,.
11,000
'5,000
151,000
m,ooo
m,oc,~
VI! ,000
331,000
77J ,000
1, m,ooo
. hl..rl rr'UHI Icl mil for 10 mlt.1 i. mo IDI 12 mill i. 1!li.
. Wo idlllicW7 mh irf ic:lvlr/ iD IIlilllrl.
e
I, .
IIUCMI.[~l 1 ICD~IJIIU[I): f[I[tAl HI mmr CDmlCl
...........-.. ---......---....---........ -..---.--- --....- .......... .....--.. ......--
lOUt HIlms 11m rtH CDSIS
Iln
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Iclll1 COlli
lIH.m
tll,H6 ~/l
froju III C~III
m
110,10 1316,116
lollls 1)3<,m III1,m
1316,1\6
::::::::::: ::::::::::: ::::::::::: ::::::::::: :::::::::::
rmlll un lDSl SMA.,
IUO
frojull/ COlli
1263,103
frlPll) VIT Sf.m 11 m
l!I,m
::::::::::: ::::::::::: :::::::::::
ml
IGUl
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113,611 1\30.10
m,SII
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m,611 1317.lH
1m
1m
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m,IO\
6EK:RAl mUI.,nJ&~S
I HID mil l!ltltl H mlhl 1l2!3,\!3) 01 lolll lnO u,ttll lDll 01 1316,lI6.
. hlIH! [IT OI)T ,ITI lor Ibm .1 ,rojrcltl flu COils il l!!O ul 1"1.
. friml l'iT FiTI III of HID ui llIl eDlls ~m/ 01 thl rmuhll 01 i1Frrvion
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EXHIBIT 3
AlIACH~[WI I: rmRAl m SERvICE comm
fri~t 1111 lH...lO (filt: rmm 113m)
IISCRHlOWUT smms
IIstlE1l0wm SmitES
I. mwwm
--lrli1l91 Slujin
--Ulilil, frD,rl1 tmIDpml
--Slrm G19i~9
S~HDIII
2. KAlW1ENAWCE
--Ja RDI' CD~Y"lnc' SJSlul
--Vlilr OUllil, FlCilitill
--hHlm, Spill [1m Up
SublDlIl
3. RE6UlAllDW
--WDv-pmil [dorCfml ~CliDII
.. PUIlIt INVOlV[f,[NT
.-COImily ICliol Imls, 111111
elm-up IClivilin, Iftd rllIl!d
volulr!r prulrlll
5. F1NANml mlHlSiRmON
--[v9ilmiul Supporl For
~H Accoools
,. WlTAllfoPROmmS
--hior tlFilll Proiftls
--Slrm Rn IDlllioD PrDitCls
--SuII-SClIt tuiu91 Proiftll
S~Ho\11
mo
NOI[S/ASSU~PIIONS
!HI
10lAl
... ............ ... ........ ..... ........ ............. .. ..... ....... ...... ......................................- -....... .......... ..... ....... ............ ........ ..........
. ,
16,000 20,000 3',000. hum I 10111 of fiYf Ih'in.
130,000 0 130,000 1m' 00 CDlplllbh COIL lor til, of illwill.
3,000 3,000 ',000 foooilor u' Iliollio 2 'Iln.
1\!,000 23,000 112,000
212,000 211,000 5BI,000 Rlffr 10 ODlt lI'ff 'G,orrtl Assu,liDol' hIDw.
1,191,161 fl. of 1,IIn IFipI llitcb) I 5,112 cllcbhliol lIiollilld il '90 I .,
BI,OOO 1,000 B5,OOO City's ml of II'iml dilFDIlI H' W11rr Imllfll.
B,OOO B,OOO 16,000 ~mm 20 mpDosl1 pH ,IH Imlu'il' IquiplfIl).
3B1,OOO 30<,000 m,ooo
26,000 18 ,000 ~<,OOO 1m' DV billoricll Imict Itytls.
13,000
2',000 Em' 00 CDSI of t1iltiDI ,rolfll.
16,000
I,m
5,000
9,000 lHhr.itlllomrl f~r uplllitl, I/jullill, Iddil9 rlYlOU Icemll.
3,606,000
217,000
20,000
2,722,000
217 ,ODD
20,000
1,318,000 16 proiftls iD Fl'dffll VI,.
m,OOO Aiml rmml for lima mlDlllieD.
10,000 Aloul rmm' for 1II11-ICllr ,rejftll.
3,BU,OOO
2,!5!,OOO
l,B02,m
lOut mtp.mOI:AF.1 mvms <,<U,OOO 3,m,OOO 7,711,000
mml ASSUfoPllDW;
- Allurs rrYfovrs II' COIls fvr 10 IOIUI iv 1990 Iftd 12 lovthl il Illl, lith Ihl tlclpliuu of Jo-RoII CUYr,IICI S,llul mil Ihj[h Ifl
IUvul CUlls hr bolh mo IU/ ml.
- Nv ilfllliow, COIls lit i~Z'hdt' iv tllilllfl.
- Th, uiDltmct of In-P.OI' tom,lnct S,IItII is I eVlpOllnl of Iht '1lIie Smim' dmribld il Ihl ;'DIII tivilioD propm) for coolrltl
sflvim il FI'ml VI,. HI IDml COIls HI !islt, Ibm In hi!h!i!hl Ihl City'1 opporhvily 10 FI, 10r Ibm lIilltmcl CUlls uil!
nVfDU!l flOl Ihl lorfm 111fT mwic! ehr,t.
..
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KING COUNTY
SURFACE WATER MANAGEMENT
SERVICES CHARGES
e
.
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
parc~w~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 wll 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 fty maintained by the owner.
- A discount for any parcel (or part of a parcel) officially designated as ~
space,
RATE TABLE
I Rate Category Percent Impervl.ous Surface Annua I Service Charge
1..1-Res Ident la I:
I Single-Family Home N/A S 29.89 (regardless of size)*
I
! ..2-Very Light more than 0" less than 10% S 29.69 (regardless of size)
...,
I
!..3-llght 10% up to 20% S 60.83/acre**
I
I
11l4-Moderate more than 20%. up to 45% $126.01/acreu
I
I
IllS-Moder a te I y Heavy more than 45%. up to 65% $243.33/acreu
I
11I6-Heavy more than 65%. up to 85% $308.51/acreu
I
I
I tli-Very Heavy more than 85%. up to 100% S404.iO/acre**
I
I
The ~aximum annual service charge for mobile home parks shall be $29.89 ti~es the number of ~:bile
home spaces. (Per King County Ordinance 8526. adopted 8/22/88.)
In addition to the'cnarge per acre, there is also a processing charge of $3.82 per service charge bill.
RATE ADJUSTMENTS
Any person receiving a bll I may fl Ie 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 I In9 a request will not extend the payment period, however.)
You should fl 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 IA:): 1- 1>
". .-. '.t.~.'.,.r.:..
-
. ~ t~
\. .
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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 ~ollection of surface water
management service charges for the City by King County. All changes to
the existing agreement are contained in this amendment; elements of the
original agreement which are not addressed in this amendment remain as
stated in that document.
WHEREAS, King County and Federal Way entered into an interlocal
agreement in February 1990, which is attached to this amendment as
Exhibit A and is incorporated by reference herein; and
.
WHEREAS, the parties extended the agreement until March 31, 1991,
which amendment is attached to this agreement as Exhibit Band
incorporated by reference herein, to allow for the continuation of
services while developing a new agreement; and
WHEREAS, both parties want the agreement to continue until June
30, 1991.
WHEREAS, the parties have the 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
,. -
.
.
.
/I a. 9c -~3 (f)
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 dollection 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
COpy
.1 ...:_: ~..~_ "::~_.:~~_
Ii, , . _)t, .,
(' rfJ NG COUNTY
SUR~ ......:d."u.. TER MANt..GEMENT
SERVICES CHARGES
(
l.
There are two types of service charges -- the flat rate and the sliding rate:
- The ~ rate service Charge of ~29,89 a yeu 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 will lIutomatlcally be assigned to those who Qualify:
An exemption for any home owned lInd occupied by a low-Income ~ citizen.
- A discount for any parcel served by a County-approved retention/detent Ion (R/D)
facl I Ity maintained by the owner.
- A discount for any parcel (or part of a parcel) officially designated as ~
~.
RATE TABLE
Rate Category
Percent Imperv I,ous Surface Annual Service Char~e
NIl.. S 29.89 (regardless of size)*
more than 0" less than , O~, S 29.89 (regardless of size)
". "
1 O~' up to 20% S 60.83/acre-*
more than 20~. up to ~5% S126.01/acre**
more than 45~, UP to 65~ S2":3.33/acre-*
more than 65%. up to 85% S308.51/acre--
more than 85", up to 100% S":0":.10/acre**
li1-Res Ident la I:
Single-Family Home
li2-Very light
li3-llght
..':-Mo.der ate
li5-Moderately Heavy
liS-Heavy
..i-Very Heavy
The maxirnu~ annual se~vice charge fo~ mo~ile home parks shall be $25.89 times the number of mobile
home spaces. (Pe~ King Coun~y Ordinance 8525, ado~ted 6/22/86.)
In ad:ition te the charge per acre, there is also a processing charge cf $3.62 pe~ service charge bill.
RUE ADJUSTI.lENTS
A':1Y perSC':1 receiving a bill may file a request for a service chuge 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:
- ~he pro~er'ty acreage Is inco~rect.
- the measured Impervious surface is IncorrecL
- 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.
io c=tain a Request for a Rate Adjustment form, please cal I 296-6519.
(f/.:..J: j..l)
v
.
"'. ._~
~NDMENT TO THE INTERLOCAL AGRE~T
BETWEEN KING COUNTY AND FEDERAL WAY
FOR THE PROVISION OF SURFACE WATER MANAGEMENT SERVICES
AND COLLECTION OF REVENUES
.. '.
/f~ 7'()~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 Exec ive
ay C 1 ty
ri-
Ai:1JJ 6
ORIGINAL
(010:1227.2)
.
.
~, /.
"
.
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King County
Surface Water Management Division
Department of Public \Vorks
730 Dexter Horton Building
710 Second Avenue
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 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,
I~ -;;---. !for
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 i c Works. Di rector, Ci ty of Federal Way iIi/!,
Cynthia Stewart, King County Council Staffmember
Judy Chapman, Analyst, Budget Office
Martin Chaw, Analyst, Budget Office
Paul Tanaka, Director, Department of Public Works
ATTN: Ann Kawasaki, Deputy Director
Ken 'Guy, Assistant Manager, Surface Water Management Division
ATTN: Debbie Nagasawa, Manager, Finance and Billing Section
Susan Thomas, Intergovernmental Relations Coordinator
. . ..
I I,
. ,
. .
I'
e
AN INTERLOCAL AGREEMENT BETWEEN
KING COUNTY AND THE CITY OF FEDERAL WAY
FOR PROVISION OF SURFACE WATER MANAGEMENT SERVICES
AND COLLECTION OF REVENUES
EXHIBIT A
.
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
7 by a service charge on developed properties in unincorporated King County,
8 contain~d 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
WHEREAS, the parties agree that continuation of comprehensive surface
12
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 collertion 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
28,
I
29 'I
I
30
parties are each authorized to enter into an agreement for cooperative
action;
31
32
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10
11
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16
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18
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20
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22
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24
25
26
27
28
29
30
31
32
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e
NOW THEREFORE, in exchange for the mutual promises made herein, the
2
parties hereto agree as follows:
3
I.
The purpose of the agreement is:
4
A. To provide the residents of the City with the continuation
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.
II. Authority to Act
1. The City shall enact the necessary legislation adopting King
County's regulations for the collection of surface water
service charges as identified in this agreement. This
agreement shall take effect on the effective date of said
."
legislation. The County's regulations and fee schedule are
set out in King County Code, Chapter 9.08.
Ill. Definitions
A. "Surface Water Io',anagement 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 Ordi nance 9:; - 5) >> 1L"-J - 3.? .
B. "Service Charge" is the charge collected from property owners
in the City. The service charge rates are as shown in
Exhibit 4 to this Agreement.
C. "Service Area" refers to areas where the County collects a
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:lLA5)
-2-
2/5/90
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1.
21
31
4
5
6
7
8
9
10
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IV.
14
15
16
17
18
i
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231:
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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 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
3.
decided upon on or before July 3D, 1990.
The County will provide the City with information about
delinquent accounts.
4.
The County will, in consultation with the City, prepare
additional agreements as necessary, addressing the
cooperative management and construction of any capital
improvement projects selected by the City as part of the
Discretionary Services.
5.
King County and Federal Way will enter into a separate
agreement for the cooperative management of the Hylebos
Basin Plan and to share the costs associated with the Plan.
-3-
2/5/90
1 "
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:.I
4
5
6
7
8
9
10
11
12
13
14
- I
bli
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. .
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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
incorporation.
3. Federal Way will work with the County's Surface Water
Management Division to establish the kind and level of
Discretionary Services the County will undertake on
behalf of the City. The parties agree the Discretionary
Service package will be resolved and become part of this
agreement on or before July 3D, 1990.
4. The City will adopt such policies and procedures as are
required for delivery of the specific and agreed upon
Discretionary Services.
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,
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Financial Arrangements
A. Revenue Collection
1. The County will collect and distribute revenue received
from properties within the City through the combined
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Property Tax and Drainage Billing Statements.
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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
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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 followin9 year.
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C. Cost of Discretionary Services
1. The estimated costs for Discretionary Services are shown
in Exhibit 3 to this agreement.
2. In 1990, Discretionary Services will be negotiated between
the parties based on the difference between the proposed
allocation to Base Services as shown in Exhibit 2 and the
revenue from the Service Charge. Funds 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
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the services. The first invoice will cover the period
from March I, 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
(F/Al:lLA5)
A. The Manager of th~ 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.
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B.
In the event the Division Manager and the Public Works
Director are unable to reach agreement on any issue related
to the provision of services under this agreement, issues
will be resolved by the Director of the King County
Department of Public Works and the City Manager of Federal
Way.
C. The County will retain control over and maintain all records,
supervision, rights and benefits of personnel providing
service to Federal Way under this agreement.
D. The parties to this agreement will observe all public bidding
procedures where applicable.
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.
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..,
VIII. Amendments and Extension or Tennination
(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 infonned.
2. If the County must make changes in the level of services
and the corresponding costs of these services, other
than those discussed in Section V., the changes will be
reported to the City before adjusting the annual budget
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19/1
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291
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( F 1 AI: 1 LA5 )
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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 dpys 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 thi: agreement, the County does not assume
liability or responsibility for or in any way release the
B.
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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,
including all chargeable costs and attorney's fees. I
The County shall indemnify and hold harmless the City and its I
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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
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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
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(F IAI: ILA5)
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the County, its officers, agents, and employees in performing
services pursuant to this agreement.
In the event that any suit based upon such a claim, action,
loss, or damage is brought against the City or the City and
the County, the County shall defend the same at its sole cost
and expense; and if final Judgment be rendered against the
City and its officers, agents, and employees or jointly
against the City and the County and their respective
officers, agents, and employees, the County shall satisfy the
same.
C. The City shall indemnify and hold hannless 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 sut~ based upon such a claim, action,
loss, or damage is brought against the County or the City and
the County, the City shall defend the same at its sole cost
and expense; and, if final judgment be rendered against the
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County and its officers, agents, and employees, or jointly
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.
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Approved a
KING COUNTY:
0~~J2Q
King County Executive
9
FEDERAL WAY:
~,/::?>; !-':~ ~ ~~?
City Manager /
/::: /'.
/- /~. ,
/ ~ ~.,.. ../
'--
City Attorney
Federal Way
11
(F/AI:ILA5)
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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 facilities 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 Publ Ie Involvement (Citizen Response): Providing technical expertise to
respond to the publ Ie Inquiries or complalri1s 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 Ilty
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 Hyiebos/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 regulatlons that fal I 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 signage projects, storm drain stenci ling
projects, and water quality monitoring programs).
f/AI:IL6-EXl
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lll,OOO mO-B5 f1cililili; ml-ll\ fHililili,
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--~o';-ptrlil Enforc!Hnl Aclions
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clu,-., lCtivitifS, Inl "lilPd
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2,7Z2,000
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20,000
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3,000
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1,000
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. I< I NG COUNTY
SUR~ W~TER MAN~GEMENT
-
SERVICES CHARGES
There are two types of service charges -- the flat rate and the sliding rate:
- The ~ rate service Charge of ~29,89 a year applies to single-family homes and
parcels with less than lOX 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 I'll I I automatically be assigned to those who Qualify:
- An exemption for any home owned and occupied by a low-Income senior clt Izen.
- A discount for any parcel served by a County-approved retent lon/detent Ion (R/D)
facl I Ity maintained by the owner.
- A discount for any parcel (or part of a parcel) officially designated as ~
~.
RATE TABLE
Rate Category
..1-Resldentlal:
Single-Family Home
Percent ImpervI,ous Surface Annual Service Char96
N/A S 29.89 (regardless of size)"
more than 0.' less than , O~~ S 29.89 (regardless of size)
A, "
, o~, up to 20% S 60.83/acre....
more than 20%, up to 45% S126.01/acre....
more than 45%, up to 65% S2~3. 33/acre....
more than 65%, up to 85'; S308.51/acre....
more than 8S'; t up to 100" $.:0.:.10/acre....
..2-Very Light
..3-Llght
..':-Mo.der ate
..S-Moderately Heavy
..S-Heavy
..i-Very Heavy
The maximu.. annual service charge for mobile home parks shall be $25.89 times the number of mobile
home spaces, (Per King Coun:yOrdinance 8626, ado~ted 6/22/8S.)
In addition to the charge per acre, there is also a processing charge of $3.82 per service charge bill.
R~TE ADJUSTMENTS
ArlY persorl receiving a bill may f lie a request for a service charge rate adjustment
with the Surface Water Management Division within three years of the bl I I ing date.
(F I ling a request I'I'i J I not extend the payment per 10d, however,)
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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 obta in a Request for a Ra te ~d justment form. p I e~se ca I I 296-6519.
(f/.8:;-1)
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