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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 -1- 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 2 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 3 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. 4 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. 7 8 9 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the oZ of 11 `71ti 1997 . 12 13 Approved as to form: KING COUNTY: 14 15 16 17 Deputy Prosecuting Attorney King County Executive 18 19 20 CITY OF KENT: 21 22 23 24 Legal Counsel 5 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. • be 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