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HomeMy WebLinkAboutCity Council Committees - Public Works or Public Works Committee - 03/02/1998 DEPARTMENT OF PUBLIC WORKS March 2, I998 TO: Public Works/Planning Committee FROM: Don Wickstrom 0�v RE: Seattle/King County Health Dept. Grant Agreement Hazardous Waste Collection We have received an agreement for funding from Seattle/King County Health Dept for two city-wide Household Hazardous Waste Collection and Recycling Events. These special events allow citizens to recycle specific items which are not included within the curbside recycling program. The total budgeted funding under this Agreement is $19,287.00. MOTION: Authorize the Mayor to sign the Grant Agreement and direct staff to accept the Grant and establish a budget for $19,287.00. EXHIBIT I D22059D MEMORANDUM OF UNDERSTANDING ON THE LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM FOR 1998 ACTIVITIES This Memorandum of Understanding between the Seattle-King County Department of Public Health and the City of Kent specifies the administrative procedures and monetary reimbursement regarding implementation of the Local Hazardous Waste Management Program. Scope of Work The City of Kent will organize two city-wide Household Hazardous Waste Collection and Recycling Events . At these events the following materials will be collected and recycled: household batteries, lead acid batteries, antifreeze, all petroleum-based products/oil filters and automobile tires . Revortina Requirements The City shall submit progress reports to the Department with each payment request . Payment requests must be submitted within 60 days after the completion of the event involved. Budget Attached hereto as "BUDGET/INVOICE" and incorporated herein. i We, the undersigned, agree to the above work: KING COUNTY: CITY OF KENT: Ron Sims Date Jim White Date King County Executive Mayor APPROVED AS TO FORM BY THE OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY DEPARTMENT OF PUBLIC WORKS March 2, 1998 TO: Public Works/Planning Committee y FROM: Don Wickstrom RE: Green/Duwamish Watershed Interlocal Agreement The purpose of the Green/Duwamish Watershed Interlocal Agreement is to share responsibilities and costs of local co-sponsorship of the Green/Duwamish Ecosystem Restoration Study among the local governments of the Green/Duwamish watershed. The study is a watershed-wide analysis of habitat needs and priorities for salmon and other fish and wildlife species that is being co-sponsored and partially funded by the U.S. Army Corps of Engineers. Kent's share for this Study is $32565.00 for which monies are available in the Stormwater Utility fund. MOTION: Authorize the Mayor to sign the Green/Duwamish Watershed Interlocal Agreement and direct staff to establish a budget for $32,565.00. About the Interlocal Agreement February, 1998 The purpose of the Interlocal Agreement (ILA) is to share responsibilities and costs of local cosponsorship of the Green/Duwamish Ecosystem Restoration Study among the local governments of the Green/Duwamish watershed. The study is a watershed-wide analysis of habitat needs and priorities for salmon and other fish and wildlife species that is being cosponsored and partially funded by the US Army Corps of Engineers. The ILA is specifically for responsibilities and costs associated with the feasibility phase of the study, the second major step of the study process. The study began in early 1996 with the reconnaissance phase, which defined habitat needs in the watershed and identified 55 acquisition and restoration projects to address these needs. During the.feasibility phase, the Corps and local cosponsors will do further design and environmental analysis on these projects to prepare them for purchase and/or construction. Projects that are studied in the feasibility phase and recommended for construction will be eligible for federal funding of as much as 75% of construction costs. Federal funding will require separate Congressional action. Projects identified in the study will also be eligible for other local and federal funding sources, and 16 projects will be funded in 1998 and 1999 through such authorities. The total cost of the two-year feasibility phase is $1.2 million, half of which will be paid by the federal government. The local cash share is $300,000, which is proposed to be shared among local governments as indicated in the ILA. The remainder of the project budget will be provided through in-kind services by the local cosponsors, most of which will be provided by King County. The responsibilities of the local cosponsors include attending meetings to review progress on study tasks and participating as they wish in the design and environmental review of projects. These responsibilities are explained in detail in the Project Study Plan. Meetings are held in conjunction with the monthly meetings of the staff associated with the Green River Basin Program and Watershed Forum. The Feasibility Cost-Sharing Agreement (FCSA) that accompanies the ILA was signed in October, 1997 by the Corps of Engineers and King County, the lead local cosponsor, to continue work on the study while the ILA was in preparation. Continuation of the study will require the cost-shares specified in the ILA. For more information on the ILA or Ecosystem Restoration Study, contact Dennis Canty, Green/Duwamish Watershed Coordinator, at (206)296-8394. • AGREEMENT BETWEEN THEDEPARTMBNT Or THE ARMY AND KING COUNTY FOR THE DUWAMISH GREEN RIVER ECOSYSTEM RESTORATION STUDY THIS AGREEMENT is entered into this 6'h day of October, 1997, by and between Department of the Army (hereinafter the "Government"), represented by the District Engineer executing this Agreement, and King County (hereinafter the "Sponsor"), WITNESSETIL that WHEREAS, the Congress has authorized the U.S. Army Corps of Engineers to conduct a study of Ecosystem Restoration in the Duwamish/Green River Basin pursuant to section 209 of public Law 87-874, Puget Sound and Adjacent Waters Study and WHEREAS, the U.S. Army Corps of Engineers has conducted a reconnaissance study of ecosystem restoration of the Duwamish/Green River Basin pursuant to this authority, and has determined that further study in the nature of a "Feasibility Phase Study" (hereinafter the "Study") is required to fulfill the intent of the study authority and to assess the extent of the Federal interest in participating in a solution to the identified problem; and WI EREAS, Section 105 of the Water Resources Development Act of 1986 p (Public Law 99- 662, as aniended) specifies the cost sharing requirements applicable to the Study; WHEREAS, the Sponsor has the authority and capability to furnish the cooperation hereinafter set forth and is willing to participate in study cost sharing and financing in accordance with the terms of this Agreement; and WHEREAS, the Sponsor and the Government understand that entering into this Agreement in no way obligates either party to implement a project and that whether the Government supports a project authorization and budgets it for implementation depends upon, among other things, the outcome of the Study and whether the proposed solution is consistent with the Economic and Environmental Principals and Guidelines for Water and Related Land Resources Implementation Studies and with the budget priorities of the Administration; NOW THEREFORE, the parties agree as follows: ARTICLE I-DEFINITIONS For the purposes of this Agreement: A. The term "Study Costs" shall mean all disbursements by the Government pursuant to this Agreement, from Federal appropriations or from funds made available to the Government by the Sponsor, and all negotiated costs of work performed by the Sponsor pursuant to this . 1 Negotiated costs shall be subject to an audit by the Government to determine reasonableness, allocability, and allowability. C. The Sponsor shall pay a fifty (50) percent share of excess Study Costs in accordance with Article III.D. of this Agreement. D. The Sponsor understands that the schedule of work may require the Sponsor to provide cash or in-land services at a rate that may result in the Sponsor temporarily diverging from the obligations concerning cash and in-kind services specified in paragraph B. of this Article. Such temporary divergences shall be identified in the quarterly reports provided for in Article III.A. of this Agreement and shall not alter the obligations concerning costs and services specified in paragraph B. of this Article or the obligations concerning payment specified in Article III of this Agreement. upon the award of any contract or the performance of any in-house work for the Study by the Government or the Sponsor, cumulative financial obligations of the Government and the Sponsor would result in excess Study Costs, the Government and the Sponsor at-, �e to defer award of that and all subsequent contracts, and performance of t�at and all subsequent in-house work, for the Study until the Government and the Sponsor agree to proceed. Should the Government and the sponsor require time to arrive at a decision, the Agreement will be suspended in accordance with Article X., for a period of not to exceed six months. In the event the Government and the sponsor have not reached an agreement to proceed by the end of their 6 month period, the Agreement may be subject to termination in accordance with Article X. F. No Federal funds may be used to meet the Sponsor's share of Study Costs unless the Federal granting agency verifies in writing that the expenditure of such funds is expressly authorized by statute. G. The award and management of any contract with a third party in furtherance of this Agreement which obligates Federal appropriations shall be exclusively within the control of the Government. The award and management of any contract by the Sponsor with a third party in furtherance of this Agreement which obligates funds of the Sponsor and does not obligate Federal appropriations shall be exclusively within the control of the Sponsor, but shall be subject to applicable Federal laws and regulations. H. The Sponsor shall be responsible for the total cost of developing a response plan for addressing any hazardous substances regulated under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, Pub. L. No. 96-510, 94 Stat. 2767, (codified at 42 U.S.C. Sections 9601-9675), as amended, existing in, on, or under any lands, easements or rights-of-way that the Government determines to be required for the construction, operation, and maintenance of the project. Such costs shall not be included in total study costs. • I. The Sponsor's contributions to Study Costs and participation in the Study are subject to the Sponsor's annual budget allocation processes. The sponsor's budget allocations are approved 3 January 15, 1999 the Sponsor shall make the full amount of the required funds available to the Government through the funding mechanism specified in paragraph B.2. of this Article. 4. The Government shall draw from the funds provided by the Sponsor such sums as the Government deems necessary to cover the Sponsor's share of contractual and in-house fiscal obligations attributable to the Study as they are incurred. 5. In the event the Government determines that the Sponsor must provide additional funds to meet its share of Study Costs, the Government shall so notify the Sponsor in writing. No later than 60 calendar days after receipt of such notice, the Sponsor shall make the full amount of the additional required funds available through the funding mechanism specified in paragraph B.2. of this Article. C. Within ninety (90) days after the conclusion of the Study Period or termination of this Agreement, the Government shall conduct a final accounting of Study Costs, including disbursements by the Government of Federal funds, cash contributions by the Sponsor, the amount of any excess Study Costs, and credits for the negotiated costs of the Sponsor, and shall furnish the Sponsor with the results of this accounting. Within thirty (30) days thereafter, the Government, subject to the availability of funds, shall reimburse the Sponsor for the excess, if any, of cash contributions and credits given over its required share of Study Costs, other than excess Study Costs, or the Sponsor shall provide the Government any cash contributions required for the Sponsor to meet its required share of Study Costs other than excess Study Costs. D. The Sponsor shall provide its cash contribution for excess Study Costs as required under Article II. C. of this Agreement by delivering a check payable to "FAO, USAED, PORTLAND DISTRICT" to the District Engineer as follows: 1. After the project that is the subject of this Study has been authorized for construction, no later than the date on which a Project Cooperation Agreement is entered into for the project; or 2. Ln the event the project that is the subject of this Study is not authorized for construction by a date that is no later than 5 years of the date of the final report of the Chief of Engineers concerning the project, or by a date that is no later than 2 years after the date of the termination of the study, the Sponsor shall pay its share of excess costs on that date (5 years after the date of the Chief of Engineers or 2 year after the date of the termination of the study). ARTICLE IV- STUDY MANAGEMENT AND COORDINATION A. To provide for consistent and effective communication, the Sponsor and the Government shall appoint named senior representatives to an Executive Committee. Thereafter, the Executive Committee shall meet regularly until the end of the Study Period. • B. Until the end of the Study Period, the Executive Committee shall generally oversee the Study consistently with the PSP. 5 I M i with Government Auditing Standards and the cost principles in OMB Circular No. A-87 and other applicable cost principles and regulations. The costs of Government audits shall be included in total Study Costs and shared in accordance with the provisions of this Agreement. ARTICLE VIE-RELATIONSHIP OF PARTIES The Government and the Sponsor act in independent capacities in the performance of their respective rights and obligations under this Agreement, and neither is to be considered the officer, agent, or employee of the other. ARTICLE VIII- OFFICIALS NOT TO BENEFIT No member of or delegate to the Congress, nor any resident commissioner, shall be admitted to any share or part of this Agreement, or to any benefit that may arise therefrom. ARTICLE IX-FEDERAL AND STATE LAWS Lz the exercise of the Sponsor's rights and obligations under this Agreement, the Sponsor agrees to comply with all applicable Federal and State laws and regulations, including Section 601 of Title VI of the Civil Rights Act of 1964 (Public Law 88-352) and Department of defense Directive 5500.11 issued pursuant thereto and published in 32 C.F.R. Part 195, as well as Army Regulations 600-7, entitled "Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of the Army". ARTICLE X- TERMINATION OR SUSPENSION A. This Agreement shall terminate at the conclusion of the Study Period, and neither the Government nor the Sponsor shall have any further obligations hereunder, except as provided in Article M. C.; provided, that prior to such time and upon thirty (30) days written notice, either party may terminate or suspend this Agreement. In addition, the Government shall terminate this Agreement immediately upon any failure of the parties to agree to extend the study under Article H.E. of this agreement, or upon the failure of the sponsor to fulfill its obligation under Article III. of this Agreement. In the event that either party elects to terminate this Agreement, both parties shall conclude their activities relating to the Study and proceed to a final accounting in accordance with Article M.C. and III.D. of this Agreement. Upon termination of this Agreement, all data and information generated as part of the Study shall be made available to both parties. B. Any termination of this Agreement shall not relieve the parties of liability for any obligations previously incurred, including the costs of closing out or transferring any existing contracts. IN WITINTESS WHEREOF, the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the District Engineer for the U.S. Army Corps of Engineers, Seattle District. 7 �xitl�iT Two Proposed Local Cost Distributions for Green/Duwamish Ecosystem Restoration Feasibility Study . Local Cost Share Required: $300,000 ALLOCATION FACTORS PROPOSED % Watershed %Watershed % Watershed % Watershed COST Area Population Assessed Impervious JURISDICTION ALLOCATION z Value Surface Algona $600 0.06% 0.21% 0.24% 0.29% Auburn $18,885 2.51% 7.62% 6.35% 8.70% Black Diamond $1,650 0.74% 0.45% 0.32% 0.69% Covington $5,445 1.32% 1.32% 1.32% 3.30% Des Moines $210 0.02% 0.11% 0.07% 0.08% Enumclaw $3,255 0.48% 1.54% 1.09% 1.23% Federal Way $1,838 0.18% 0.93% 0.71% 0.63% Kent $32,565 3.83% 11.00% 13.10% 15.49% King County $139,009.50 81.29% 38.62% 26.62% 38.82% Maple Valley $3,363 1.18% 1.18% 0.94% 1.18% Renton $11,963 1.23% 4.81% 5.25% 4.66% • SeaTac $8,453 0.75% 3.36% 4.40% 2.76% Seattle $55,883 4.57% 24.77% 31.43% 13.74% Tukwila $16,898 1.85% 4.08% 8.16% 8.44% Totals4: $300,015 100.01% 100.00% 100.00% 100.01% NOTES: 1) Costs are for cash share only. Requirements for in-kind match will be met through project coordination and local government design and permitting work. More than 70% of in-kind share is expected to be borne by King County. Participants will pay 60% of cash contributions in 1998 and 40% in 1999. 2) Proposed cost allocation = $300,000 multiplied by the average of the 4 allocation factors for the jurisdiction. Cost estimates are based on full participation by.alljurisdictions; actual costs may be different. 3)Area, population and assessed value data is from RNA research in 1994; it does not include effects of annexations and incorporations. Impervious surface data is from 1992, but is based on current jurisdictional boundaries. 4) Totals greater than 100% or$300,000 are due to rounding. GRNAL005.xis DEPARTMENT OF PUBLIC WORKS March 2, 1998 TO: Public Works/Planning Committee FROM: Don Wickstrom RE: City of Federal Way/City of Kent Interlocal Agreement Lakehaven Sewer District The enclosed Interlocal Agreement between the City of Kent and the City of Federal Way provides for the assumption/dissolution of Lakehaven Sewer District with ownership and control of the District property and facilities currently within the City of Kent to be retained by Federal Way. MOTION: Authorization for the Mayor to sign the Interlocal Agreement upon the City Attorneys concurrence with the language as written in the Agreement. • • After recording, return to: Londi K. Lindell Federal Way City Attorney 33530 1st Way South Federal Way,WA 98003 INTERLOCAL AGREEMENT BETWEEN THE CITIES OF IC ENT AND FEDERAL WAY CONCERNING ASSUMPTION AND DISSOLUTION OF i.AKEHAVEN UTIIXrY DISTRICT This Interlocal Agreement ("Agreement") is made and entered into this day of March, 1998, by and between the City of Kent, Washington, a non-charter code municipal corporation ("Kent") and City of Federal Way, Washington, a non-charter code municipal corporation ("Federal Way"). Kent and Federal Way are referred to collectively as the "parties". RECITALS • 1. Pursuant to the Growth Management Act, RCW 36.70A.110, cities are the appropriate local government entity to provide urban services such as water and sewer service; and 2. Pursuant to King County Countywide Planning Policy FW-13, "within the Urban Area, as time and conditions warrant, cities should assume local urban services provided by special purpose districts"; and 3. The area within the Lakehaven Utility is located within an "Urban Area" as defined by the King County Comprehensive Plan; and 4. Pursuant to RCW 35.13A.030, whenever sixty percent (60%) of the area or sixty percent (60%) of the assessed valuation of real property within a special purpose district such as a water and sewer district is included within a city, that city may assume the ownership, operation, and control of that portion of the district not contained within the boundaries of another city; and 5. Pursuant to RCW 35.13A.060, a city assuming that portion of a water and sewer district contained within another city may enter into an Interlocal agreement with that city, to assume responsibility for operation and maintenance of the district's property, facilities and equipment within the other city; Interlocal Agreement Between Cities of Kent and Federal Way Concerning Lakehaven Assumption/Dissolution Page 2 6. The Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington provides for interlocal cooperation and agreements between municipal corporations; and 7. The Federal Way City Council adopted Ordinance No. 97-302 on October 21, 1997, directing its staff to prepare Notices of Intent to Assume and Dissolve the Lakehaven Utility District ("District"), and to file said Notices with the King and Pierce County Boundary Review Boards; and 8. Said Notices were filed with the King and Pierce County Boundary Review Boards on November 4, 1997 and November 10, 1997, respectively. 9. As part of the assumption/dissolution of the District, Federal Way and Kent desire that Federal Way retain ownership and control of the District property and facilities currently within the City of Kent until such time as Kent assumes responsibility for providing sewer services to its citizens, at which time Kent would be responsible for installing, at its expense, 0 a master meter or appropriate facilities to separatelregulate the two systems; and 10. Kent agrees that the assumption/dissolution is appropriate under RCW 35.13A, RCW 36.70A, and RCW 36.93; and 11. Federal Way agrees to provide sewer service to ratepayers within Kent at a reasonable rate, with no surcharge or tax attributable to Kent residents solely due to their residency; and 12. Kent and Federal Way have determined that it would be in the best interests of the citizens if the parties were to enter into an Interlocal Agreement setting forth their rights, duties and responsibilities with respect to Federal Way's ownership; operation and maintenance of property, facilities and equipment owned by the District prior to dissolution and located within the corporate boundaries of Kent; NOW, THEREFORE, for and in consideration of the agreements contained herein, the parties hereto agree as follows: 0 Interlocal Agreement Between Cities of Kent and Federal Way Concerning Lakehaven Assumption/Dissolution Page 3 AGREEMENT 1. Fxicti g_District Agreements. Federal Way shall, upon the effective date of assumption of the Lakehaven Utility District ("District"), assume all rights and responsibilities of the District with respect to any Interlocal agreements or contracts between the City of Kent and the District. Federal Way shall perform the terms of any such agreement or contract in the same manner as the District would be required to perform if Federal Way had not assumed the District. 2. Federal Way Facilities. Upon the effective date of Federal Way's assumption and/or dissolution of the District, Federal Way shall have full legal title and ownership of all the District facilities, and the real property associated with them, located within the Kent corporate boundaries, including, without limitation the following: a. 81 sewer lines, including: 2 8-inch ductile iron sewer lines, for a total length of 45.20 feet; 1 8-inch concrete sewer line, for a total length of 299.37 feet; 1 6-inch PVC sewer line, for a total length of 71.83 feet; and 77 8-inch PVC sewer lines, for a total length of 15,119.98 feet. b. 76 sewer manholes, including: 1 48-inch drop manhole; 1 48-inch overbuilt manhole; 72 48-inch standard manholes; and 2 wetwell manholes. 3. Kent Facilities. Kent may, at some later date, and after a reasonable notice to Federal Way, request that Federal Way transfer full legal title and ownership of the District facilities described in Paragraph 2 above, and the real property associated with them, to Kent. Federal Way shall transfer full legal title and ownership to Kent within a reasonable period of time following execution of an agreement allocating responsibility for the indebtedness and depreciated capital costs, if any, of the facilities (or improvements to them) to be transferred. Kent will install a master meter or appropriate facilities to separate/regulate the two systems at its expense prior to such transfer of facilities. • 4. Main enance/QWx1don and Indebtedness. The City of Federal Way shall, upon the effective date of Federal Way's assumption and/or dissolution of the District, be responsible Interlocal Agreement Between Cities of Kent and Federal Way Concerning Lakehaven Assumption/Dissolution Page 4 for the operation, maintenance, permitting, taxes, and contractual or bonded indebtedness associated with the facilities and property described in Paragraph 2 above. Federal Way's responsibility under this paragraph shall not be deemed to affect the requirement that the parties agree on an allocation of capital costs and indebtedness prior to transfer of ownership as set forth in Paragraph 3 above. 5. Continued Provision of Service. Federal Way shall, upon the effective date of Federal Way's assumption and/or dissolution of the District, provide sewer service to ratepayers residing in Kent at a reasonable rate that is uniform for the same class of customer or service. The rate shall be based on the cost of providing service, which shall be determined according to, among other things, the costs of maintenance, operation and repair of the system, the costs of any special indebtedness bonds or warrants, the location of various customers and the difference, if any, in cost of maintenance, operation, repair, and replacement of system parts, the different character service being furnished, capital contributions made to the system, including but not limited to assessments, and any other matters which present a reasonable difference as a ground for distinction. Federal Way shall not impose a surcharge upon Kent • ratepayers in excess of any surcharge upon any other ratepayers being served by Federal Way, unless the costs of providing service as determined according to this paragraph reasonably warrant imposition of the surcharge. 6. General Provisions. 6.1 This Agreement may be amended at any time by the mutual written consent of the parties. 6.2 This Agreement shall take effect immediately and shall continue in effect until terminated. 6.3. Neither party may assign this Agreement without the written consent of the other party. 6.4. Each party shall be responsible for the consequences of any negligent or wrongful act or failure to act on the part of itself, its elected official, agents, volunteers and employees. Neither party assumes responsibility to the other party for the consequences of an act or admission of any person, firm or corporation not a party to this Agreement. 6.5. Any provision of this Agreement which is prohibited or unenforceable, shall be • ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining provisions or affecting the validity of enforcement to such provisions. Interlocal Agreement Between Cities of Kent and Federal Way Concerning Lakehaven Assumption/Dissolution Page 5 6.6. The parties stipulate that the following persons shall be the contact person for their respective jurisdiction. a. City of Kent: J. Brent McFall, or his/her successor in interest Director of Operations 220 - 4th Avenue South Kent, WA 98032 (253) 859-3357 Fax: (253) 813-2067 b. City of Federal Way: Kenneth E. Nyberg, or his successor in interest City Manager 33530 1st Way S. Federal Way, WA 98003 (253) 661-4013 Fax: (253) 661-4024 6.7. A copy of this Agreement shall be filed with the City Clerk of the Cities of Kent and Federal Way, and the County Recorder for the County of King. IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year indicated. CITY OF KENT CITY OF FEDERAL WAY BY: BY: Jim White Kenneth E. Nyberg Mayor City Manager • Date: Date: Interlocal Agreement Between Cities of Kent and Federal Way Concerning Lakehaven Assumption/Dissolution Page 6 Approved as to Form for Approved as to Form for City of Kent: City of Federal Way: Roger Lubovich, City Attorney Londi K. Lindell, City Attorney ATTEST: This day of ATTEST: This day of 1998. , 1998. Brenda 7acober N. Christine Green, CMC Kent City Clerk Federal Way City Clerk K:1lakebavcVnterkl.frM 2-19-99 •