HomeMy WebLinkAboutCAG1997-0133 - Original - King County Dept of Natural Resources - Provision of Surface Water Services - 03/29/1997 AN INTERLOCAL AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF KENT
FOR THE PROVISION OF SURFACE WATER SERVICES
1 This agreement is hereby entered into by King County, Department of Natural Resources,
2 and the City of Kent, a municipal corporation, for the provision of surface water related services
3 to Kent.
4 WHEREAS,Kent has an established surface water program to preserve and protect the
5 environment, public and private property, and the health and welfare of its citizens;
6 WHEREAS,Kent has identified the need to enhance its surface water program due to
7 annexation activity and emerging water resource priorities;
8 WHEREAS, through an interlocal agreement,King County is able to provide appropriate
9 services to Kent's residents and property owners through its surface water related programs, and
10 the City wishes King County to provide these services, and
11 WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, the parties are each
12 authorized to enter into an agreement for cooperative action;
13 NOW THEREFORE, the parties hereto agree as follows:
14 I. Purpose of the Agreement:
15 A. The purpose of this Agreement is to establish mechanisms by which King County will
16 provide the City of Kent and its residents and property owners with certain surface
17 water management services, as determined by the parties.
18 B. This Agreement sets forth the services which the parties agree will be provided within
19 the Kent city limits and provides cost estimates for those services.
20 C. This Agreement establishes procedures for documenting the levels and costs of actual
21 services delivered and for billing the City of Kent.
22 D. This Agreement provides for making additions and adjustments to the types, levels,
23 and costs of services requested by Kent and provided by King County in the future.
24 II. Management of Contracted Drainage Services
25 A. The City and County will by written correspondence identify the City and County
26 liaisons responsible for administering this agreement, including day-to-day service
27 provision, contract performance, and notifying the County of requests for additional
28 services or for changes to agreement terms.
29 B. The liaisons will implement procedures, as set forth agreement section IV.B., for
30 adjusting the type and level of services to be provided to the City, and/or for
31 requesting and providing expanded or additional services which may be identified in
32 the future.
33 C. The County and City liaisons will be available to meet with 10 days' notice to review
34 contract performance or to review or resolve service issues. Any issues which cannot
35 be resolved by the County and City liaisons shall be referred to the Director of the
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I King County Department of Natural Resources and the City Manager of Kent or their
2 respective designees.
3 III. Responsibilities of the Parties
4 A. King County
5 1. King County will provide the services as set forth in this agreement and
6 collaborate with Kent on provision of any additional services identified, as
7 described in agreement section IV.
8 2. King County will keep records of services delivered in Kent and will make said
9 records available to Kent at least quarterly or as requested.
10 B. Kent
11 1. Kent will maintain the legal authority to operate a surface water management
12 program, and to contract with King County for drainage related services.
13 2. Kent will maintain procedures to manage the delivery of specific services under
14 this agreement.
15 IV. Services to Be Provided
16 This section sets forth services to be initiated as of the effective date of this agreement,
17 and outlines mechanisms by which Kent may request and King County may provide
18 expanded or additional services which may be identified.
19 A. Current Services
20 King County will provide annual inspection services for commercial drainage facilities
21 within the"Meridian" area annexed to Kent on 1/l/96. Services, estimated cost, and
22 facilities are described in Exhibit One, attached to this agreement and incorporated
23 herein.
24 B. Additional Services
25 1. Should Kent identify the need to request additional surface water related services
26 from King County, or to expand services already being provided, Kent will make
27 the request in writing to the King County liaison, as established in agreement
28 section H.
29 2. The King County and Kent liaisons, and other King County and Kent staff as
30 needed, will agree in writing on a scope of work for the additional or expanded
31 work requested. King County will provide a written cost estimate in cases where
32 work is projected to cost over$500.
33 3. When King County and Kent have agreed on the scope of work, Kent will submit
34 to King County a signed letter, with written scope of work and any written cost
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1 estimate attached, to authorize the work. Work may be initiated when King
2 County has acknowledged receipt of the letter and attachments.
3 4. Letters authorizing additional work, along with any attachments, will be appended
4 to this agreement.
5 5. Provision of services is subject to the availability of SWM staff.
6 V. Financial Arrangements
7 A. Service Costs
8 1. Estimated costs for services are provided in advance for service planning
9 purposes. Actual costs of providing services may vary from estimates. Both
10 estimated and actual costs account for direct costs plus administrative overhead
11 charges as required by King County Council Motion No. 8689.
12 2. Service costs are subject to King County annual budget processes. Costs will
13 reflect relevant economic adjustments such as cost of living increases adopted by
14 the King County Council.
15 B. Billing and Payment for Services
16 1. King County will prepare and present to Kent quarterly invoices showing actual
17 services provided and the total cost of those services.
18 2. Kent will pay King County within 45 days after receipt of the invoice.
19 VI. Effectiveness and Duration
20 This Agreement will be effective upon signature by both parties and be automatically
21 renewed from year to year unless canceled in writing by either party. Cancellation must be
22 made in accordance with the Termination and Amendment provisions of this Agreement,
23 below.
24 VII. Termination and Amendment
25 A. This Agreement may be amended, altered, or clarified only by written agreement of
26 the parties hereto.
27 B. This Agreement may be terminated by either party on ninety(90) days written notice
28 to the other party. In the event of termination by Kent, the City will be responsible
29 for actual costs for services to the end of the quarter in which the termination of
30 services occurs.
31 C. This agreement is the complete expression of the terms hereto and any oral or written
32 representations or understandings not incorporated herein are excluded. The parties
33 recognize that time is of the essence in the performance of the provisions of this
34 agreement. Waiver of any default shall not be deemed to be waiver of any subsequent
35 default. Waiver of breach of any provision of this agreement shall not be deemed to be
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1 a waiver of any other or subsequent breach and shall not be construed to be a
2 modification of the terms of the agreement unless stated to be such through written
3 approval by the parties which shall be attached to the original agreement.
4 VM. Hold Harmless and Indemnification
5 A. The County shall indemnify and.hold harmless the City and its officers, agents and
6 employees, or any of them from any and all claims, actions, suits, liability, loss, costs,
7 expenses and damages of any nature whatsoever, by reason of or arising out of any
8 negligent act or omission of the County, its officers, agents and employees, or any of
9 them, relating to or arising out of the performance of this Agreement. In the event
10 that any such suit based upon such a claim, action, loss or damage is brought against
11 the City, the County shall defend the same at its sole cost and expense; provided, that
12 the City reserves the right to participate in such a suit if any principle of
13 governmental or public laws is involved. If final judgment be rendered against the
14 City and its officers, agents and employees, or any of them, or jointly against the City
15 and the County and their respective officers, agents and employees, or any of them,
16 the County shall satisfy the same.
17 B. In executing this Agreement, the County does not assume liability or responsibility for
1s or in any way release the City from any liability or responsibility which arises in
19 whole or in part from the existence or effect of City ordinances, rules or regulations.
20 If any cause, claim, suit, action or administrative proceeding is commenced in which
21 the enforceability and/or validity of any such City ordinance, rule or regulation is at
22 issue, the City shall defend the same at its sole expense and if judgment is entered or
23 damages are awarded against the City, the County or both, the City shall satisfy the
24 same, including all chargeable costs and attorney's fees.
25 C. The City shall indemnify and hold harmless the County and its officers, agents and
26 employees, or any of them, from any and all claims, actions, suits, liability, loss, costs,
27 expenses and damages of any nature whatsoever, by reason of or arising out of any
28 negligent act or omission of the City, its officers, agents and employees, or any of
29 them, relating to or arising out of the performance of this Agreement. In the event that
30 any suit based on such a claim, action, loss or damage is brought against the County,
31 the City shall defend the same at its sole cost and expense; provided that the County
32 reserves the right to participate in said suit if any principle of governmental law is
33 involved; and if final judgment be rendered against the County, and its officers, agents
34 and employees, or any of them, or jointly against the County and their respective
35 officers, agents and employees, or any of them, the City shall satisfy the same.
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I D. The foregoing indemnity is specifically and expressly intended to constitute a waiver
2 of each party's immunity under Washington's Industrial Insurance Act, RCW Title
3 51, as respects the other party only, and only to the extent necessary to provide the
4 indemnified party with a full and complete indemnity of claims made by the
5 indemnitor's employees. The parties acknowledge that these provisions were
6 specifically negotiated and agreed upon by them.
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10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the oZ of
11 `71ti 1997 .
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13 Approved as to form: KING COUNTY:
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15
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17 Deputy Prosecuting Attorney King County Executive
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20 CITY OF KENT:
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24 Legal Counsel
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Exhibit One
DESCRIPTION OF COMMERCIAL DRAINAGE FACILITY INSPECTION SERVICES
Facilities t0 be Inspected: Commercial drainage facilities located within the`Meridian" y
annexation area. As of the date of this agreement, the area contains 41 commercial facilities, as
listed below. _
Faclut Number Facilit Name
I. D95096 PUGET POYVER-SEQUOIA Facility Address
2. D95130 NATURAL TRAILS TOWNHOUSES 27525124 AVE SE
3. D95248 CHILDREMS WORLD 1321 SE 256TH ST
4. D95591 KING COUNTY FIRE DISTRICT 37 14719.SE 272nd ST
5. D95772 VALLEY CHRISTIAN 25620.140TH AVE S.
6. D96336 PACIFIC NORTHWEST BELL 25605124 AVE SE.
7. D96340 KENT HIGHLAND SHOPPING CENTER 1422 SE 260 ST
8. D96350 COLUMBIA GREENHOUSES 27221 132ND AVE SE
9. D98351 COLUMBIA GREENHOUSES 12525 SE 248TH ST
10. D96368 SHURGARD STORAGE 12525 SE 248TH ST
11. D98367 SPRINGWOOD APARTMENTS 27333 132ND AVE SE
12. D98386 LAKE MERIDIAN VILLAGE CONDOS 27360- 129th PLACE
13. D96484 THE WNNERS CIRCLE OR 138 AVE SE b SE 256
14.j D96465 THE WNNERS CIRCLE SO 27119 SODS CREEK DR.
15. D96698 REBER RANCH 27119152ND WAY SE
16. ID96707 LAKE MERIDIAN APARTMENTS 28436132ND AVE SE
17. D96708 LAKE MERIDIAN APARTMENTS 14800 SE 272ND ST
18. D96709 LAKE MERIDIAN APARTMENTS 14800 SE 272ND ST
19. D96787 HOAGY'S CORNER 14800 SE 272ND ST
20. D96878 CHURCH OF JESUS CHRIST OF LDS SE 272 ST S 132 AVE
21. D96902 SOOS CREEK MOBILE ESTATES 12817 SE 256TH ST.
22. D96903 SODS CREEK MOBILE ESTATES 15410 SE 272ND ST
23. D96925 152ND RETAIL BUILDING 15410 SE 272ND ST
24. D96948 MARTIN SORTUN ELEMENTARY SCHOOL 15220 S.E. 272ND ST.
25. D96956 LAKE MERIDIAN SHORES 12711 SE 248TH ST
2IDIAN SHORES 14200 SE 272ND ST
6. D96957 LAKE MER
27. D96958 LAKE MERIDIAN SHORES 14200 SE 272ND ST
28. D96959 LAKE MERIDIAN SNORES 14200 SE 272ND ST
29. D97253 COVINGTON FIRE TATION 14200 SE 272ND ST
30. D97357 KING COUNTY WATER DISTRICT 1 1 1 15635 SE 272ND ST
31. D97358 KING 2722 COUNTY WATER DISTRICT 1 1 1 4- 144 AVE SE
32. D97443 FAITH BAPTIST CHURCH 27224- 144 AVE SE
33. D97444 FAITH BAPTIST CHURCH 25636 140TH AVE SE
34: D97516 COUNTRY GLEN APARTMENTS 25636 140TH AVE SE
35. D97517 COUNTRY GLEN APARTMENTS 27430 132ND AVE SE
36. D97518 COUNTRY GLEN APARTMENTS 27430132ND AVE SE
37. D97519 COUNTRY HILLS APARTMENTS 27430132ND AVE SE
38. D97539 --j SOOS CREEK ESTATES 11 27430 132ND AVE SE
39. D97550 MERIDIAN ELEMENTARY 15410 SE 272ND ST.
40. D97553 MERIDIAN ELEMENTARY SE 256TH ST b 140TH
41. D97864 ZION LUTHERAN CHURCH SE 256TH 140TH AVE
• 25105 132ND AVE SE
Descriation of Services
SWM staff Will inspect facilities for maintenance needs, according to existing King Coun
maintenance standards, on an annual basis. ty
Information resulting from inspections will be input to SWM's Managem ent Information
System, from which Maintenance Correction Letters(MCLs) citing needed work will
issued.
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Copies of the letters, along with a spreadsheet summarizing inspection results, will be
forwarded to the City.Letters are for information purposes for the City only and will not be
altered from the King County format.
Cost Estimate: Annual costs for services as described above are estimate
d at date of this agreement). Changes to service elements and procedures, or additions to tithe Hof the
Of facilities to be inspected, may result in revisions to estimated and actual costs. ventory