�· MEMORANDUM OF AGREEMENT Executed By The Department of Construction and Inspections; a department of the City of Seattle hereinafter referred to as "SDCI"; Department Authorized Representative: Nathan Torgelson, Key Tower, Suite 1900 Seattle, WA 98104-1703 and The Port of Seattle, Hereinafter refened to as "the Po1t"; Authorized Representative: Paul Meyer, 2711 Alaskan Way, Seattle, WA 98121 In WITNESS THEREOF, the paities have executed this Memorandum ofAgreement ("Agreement") by having their representatives affix their signatures below. The City of Seattle, by the Seattle Depaitment Date: z/2ei,/l6 ■ , Nathan Torgelson Director, Seattle DCI �u� The Port of Seattle By: ¥1,,'//1, Date: Ted Fick / Chief Executive Officer The Port of Seattle City- Port SOC/ MOA February 2016 Page 1 This Agreement contains six (6)A1iicles. The City of Seattle, by and through the SDCI, and the Pmi are collectively referred to as the "parties." In consideration of the terms, conditions, covenants, and performance of the scope of work contained herein, the parties agree to the following: ARTICLE I DESCRIPTION OF SERVICES: The Agreement between SDCI and the Pmi is intended to clearly identify services and funding for coordinated processing of the Port's Projects ("Projects" Appendix A). This · Agreement describes the "Project Facilitation" services to be provided by SDCI to the Port for Projects and the compensation to be paid to SDCI by the Port in exchange for receiving these services. For purposes of this Agreement, "Project Facilitation" services shall mean the scope of work provided by SDCI to the Port pursuant to the terms of this Agreement. The parties agree that coordination and timely review of the Projects will create additional work for SDCI reviewers and could impact review timelines for non-Pmi projects. In mder for SDCI to: 1) retain adequate capacity for coordination of the Projects, 2) achieve timely review of both the Projects and all applications under review at SDCI, and 3) dedicate a Project Facilitator as a single point of contact for the Port, the Pmi agrees to provide funding to SDCI to obtain additional staff capacity pursuant to the terms of this Agreement. ARTICLE II SCOPE OF WORK: A. The Po1i's Goals for this Agreement Within the context of this Agreement, the Port's goals are to: 1. Obtain timely presubmittal conferences and permit intake appointments; 2. Obtain timely and accurate information on application submittal requirements; 3. Obtain early identification and resolution of discretionmy and technical code issues; 4. Reduce review timelines through a coordinated process; 5. Minimize impacts on review timelines for non-Port projects; 6. Obtain coordinated interdepmimental review; 7. Achieve a consistent and predictable process through an agreed Project schedule; and, 8. Obtain Project Facilitation for Port Projects. B. SDCI's Goals for this Agreement Within the context ofthis Agreement, SDCI' s goals are to: City- Port SOC/ MOA February 2016 Page 2 I. Facilitate scheduling timely presubmittal conferences and permit intake appointments; 2. Provide timely and accurate information on application submittal requirements; 3. Respond to questions and provide follow up in a timely manner; 4. Facilitate coordinated review of Projects with other departments; 5. Identify process and code issues early in the preapplication and review process; 6. Facilitate timely resolution of code and process issues within SDCI and across depaiiment lines; 7. Provide a timely and predictable process to raise and resolve code and permitting issues; 8. Review Projects within agreed upon timelines identified in the Project Schedule; �4 9. Provide Project Facilitation for Pmt Projects. Nothing in this Agreement shall preclude the City from fully enforcing all regulations and pe1mit conditions that apply to the Port's Projects. C. Application of the Port Funding To accomplish the goals for each pai-ty described in this Agreement, the Port agrees to provide funding support as set forth in this Agreement, over and above what the City requfres for regularpe1mit processing fees for individual projects under the City Code. The City shall apply the funding provided by the Port's under this Agreement in the following manner for Projects: I. Support of a Senior Land Use Planner: Ben Perkowski shall serve as the primary Senior Land Use Planner for review of Shoreline Exemptions, review and preparation of Director's decisions on Master Use Permit applications, and review of subsequent building pe1mit applications for Proje.cts. The Senior Land Use Planner shall also attend relevant preapplication, coordination and issue resolution meetings. 2. Support of a Senior Zoning Reviewer: Megan Neuman shall serve as the primary Senior Land Use Planner for Master Use Pe1mit applications and building pe1mits, while also attending relevant preapplication, coordination and issue resolution meetings. 3. Support from a Project Facilitator: SDCI will assign Holly Godard, a Senior Land Use Plam1er to facilitate and be the single point of contact for the Projects: a. Facilitate scheduling timely presubmittal conferences and pe1mit intake appointments; b. Facilitate the staffing and scheduling of regular coordination meetings; c. · Facilitate coordinated review of Projects with other deprutments; d. Facilitate timely resolution of code and process issues within SDCI and other City departments; e. Paiticipate with the Port in reviewing, maintaining and updating the Project City- Port SOC/ MOA February 2016 Page3 Schedule; f. Facilitate timely reviews of Projects using the Project Schedule; g. Coordinate review timelines with Reviewers and Supervisors; and, h. Be a single point of contact for code, process and schedule questions; Staffsubstitutions: Should it become necessaty for SDCI to replace one or more of the assigned SDCI staff that are named above, SDCI will assign substitute staff having comparable experience and knowledge, to ensure minimal or no intenuption to the permit review process. D. Performance Expectations for the Port 1mder this Agreement To accomplish the terms of this Agreement, the Port agrees to the following perf01mance expectations: 1. Provide funding support over and above what is customarily required for processing and review of pe1mit applications pursuant to the terms of this Agreement; 2. Work with Project Facilitator to develop Project schedules prior to the preapplication process for each Project; 3. Maintain the Project Schedule and provide regular schedule updates at least once a month; 4. Meet with Project Facilitator at least once a month, or as often as needed, to review Project status and timelines, and identify priority reviews when more than one project is under review at SDCI; 5. Advise the Project Facilitator at least seven working days in advance of submittals or re­ submittals of application documents and plans; 6. Respond to SDCI requests for c01wctions and information in a timely matmer; 7. Provide a written response to each correction item, identify any new information provided, document where the information can be found in plans/documents, and identify on plans sets where changes have been made. This applies to correction items for each applicable review location of the Project. E. Performance Expectations for SDCI under this Agreement To accomplish the terms of this Agreement, SDCI agrees to the following performance expectations: City - Port SOC/ MOA February 2016 Poge4 1. Project Facilitator shall coordinate with other SDCI staff to facilitate timely intake, processing, and issuance of the permits as necessary to meet Project Schedules; 2. Project Facilitator shall keep SDCI management/supervisors informed of Project Schedules; 3. Project Facilitator shall identify staff and schedule meetings to occur within five working days of a meeting request by the Port. If the City cannot meet this commitment, the Project Facilitator shall inform the Port and schedule the meeting as soon as possible; 4. Project Facilitator shall keep SDCI supervisors informed of key milestones and expected submittal dates; 5. Project Facilitator shall coordinate with intake staff and routing coordinators to ensure application materials are routed within one day of intake; 6. SDCI review staff shall initiate review of application materials within two business days of receipt and work expeditiously to complete the review. This applies both to the initial review and co11"ection-round reviews. 7. SDCI staff shall return phone calls and emails from the Port within 24 hours, unless the particular staff members are sick or out of the office. 8. To aide SDCI staff in fulfilling the terms of this agreement, SDCI Supervisors shall: a. Adjust workload to ensure assigned SDCI review staff meet Project Schedules and project facilitation expectations; b. Reassign non-Port applications to ensure there is minimal impacts to non-Port applications as a result of this Agreement; Assign Projects as "Priority 2 11 in SDCI's project tracking system; and, c. d. Reduce SDCI standard review times in order to meet agreed upon Project Schedule. ARTICLE III TIME OF PERFORMANCE OF TIDS AGREEMENT: The initial term of this Agreement (the "Tem111 ) shall commence on March 1, 2016 and te1minate two years later on February 28, 2018. The Effective Date of this Agreement shall be the date of execution on which the second paity to sign has signed the Agreement. The Port may propose annual extensions up to a maximum of two additional years by providing written notice to SDCI at least 60 days prior to the termination_ date. ARTICLE IV PAYMENT: The Port shall pay $ 8,571.95 per month for the services described in this agreement that are performed by SDCI Land Use Planners. This monthly amount may be adjusted in the future, if and when SDCI labor rates change. The updated monthly cost shall go into effect when the new labor rate goes into effect, and SDCI shall provide the Port with a written City - Port SOC/ MOA February 2016 Pages notice explaining the rate change at least 30 days prior to the effective date of the rate change. Such monthly fee shall be prorated for any partial month during the term. SDCI will send a monthly invoice to the Port for this amount. Payments are due within 30 days of receiving a monthly invoice. If there is need to prorate a monthly payment, the proration rate shall be determined by dividing the number of "work days" included in the pmtion of the month to be invoiced by the total number of eligible "work days" in the subjectmonth. SDCI Invoices will be sent to the Port Accounting Contact. Pott payments on invoices should be sent to the SDCI Accounting Contact. Contact names and mailing addresses are identified in the Table shown on page 1 of this Agreement. ARTICLEV AUTHORITY: The City of Seattle and the Port recognize that the monthly fee paid by the Port pursuant to this Agreement is intended to provide funding so that SDCI can add staff capacity for Project and ensure that its compliance with this Agreement will not result in negative impacts upon other permit applications under review at SDCI. The hourly fees chm·ged in this agreement are intended to recover the reasonable costs to the City for services described in the agreement for processing the Port permits, as allowed under RCW 82.02:020. These costs are authorized under SMC 22.900B.020.A, as a special fee for services that are not otherwise specified in the City's fee ordinance. ARTICLE VI AMENDMENTS: No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the patties hereto. The parties expressly reserve the right to modify the Agreement by mutual agreement. If either party desires a change or modification in duties, tasks or funding supp01t specified in the Agreement, then the party requesting the change shall make such request in writing, and following delivery thereof, the parties shall negotiate in good faith the terms and conditions of the change which, if adopted, shall be the subject of a separatewritten agreement, identified as an amendment to this agreement. If the Port is not satisfied that the City of Seattle is meeting its timely goals as outlined in this Agreement, it can give the City 30-day written notice of the Port's concerns, after which itcan terminate this Agreement. If the City is not satisfied the Port is meeting its expectations as outlined in this Agreement, it can give the Port 30-day written notice of the City's concerns, after which it can terminate this Agreement. INDEMNIFICATION AND HOLD HARMLESS City - Port SOC/ MOA February 2016 Page 6 The parties will protect, defend, indenmify, and hold hrumless each other, their officers, employees and agents from any and all costs, claims, judgments, or awards of damages arising out of or in any way resulting from the negligent or intentional acts or omissions of each other, their officers, employees, or agents. The pruties agrees that the obligation to indemnify, defend, and hold harmless each other and their agents and employees under this provision extends to any claim, demand or cause of action brought by or on behalf of any employee of a party against the other paity, their officers, agents, or employees and includes any judgment, award and cost arising therefrom, including attorneys' fees that may arise under the execution of this agreement. GOOD FAITH The parties agree to exercise good faith in canying out the terms of this Agreement. RIGHTS AND REMEDIES The rights and remedies of the parties to this Agreement are in addition to any other rights and remedies provided by law except as otherwise provided in this Agreement. ASSIGNMENT Neither paity will assign, transfer, or otherwise substitute its obligations under the Agreement without the prior written consent of the other pruty. Any assignment made in violation of this provision will be null and void and confer no rights whatsoever on any person. APPLICABLE LAWS AND VENUE This Agreement will be governed by, and constrned and enforced in accordance with, the laws of the State of Washington. Any legal action brought resulting from this Agreement shall be brought in the Superior Court of King County, Washington. APPENDIX A List of "Projects". City - Port SDC/ MOA February 2016 Page 7 City Project Permitting Status 02/05/2016 Project SBM Fuel Dock lmproveme.nt Sloan SBM Restroom Replacement Sloan P66 Anthonys Fall Protection Sloan T-5 Berth Modernization Meyer City Seattle: 6484627 {bldg. permit and shor exemption) Sub:7/15/15 TBD TBD SSDP 3019071 Conditional Use Permit Sub: 4/13/2015 Estll/02/2016 Building: Sub: est 6/2016 Est.issue: 12/02/16 T91 Bldg W-50 Demo MUP Sub: 7/14/2015 Mateo Received: 11/30/15 · Building: Est. submittal February 17,2016 Pier 66-AlasknWay Street Improvement Seattle Department Blomberg of Transportation, Street Improvement Project (SIP 270898), public right-of-way T46 Cn:me Rail Upgrade DPD Project Number: Blomberg 3020397 (Land Use), 6493028 (Construction) nos public shoreline access pier, Programmatic approval repair and maintenance Blomberg P91 Float Replacement DPD Exemption Sub: Est 3/1 P91 Cruise Terminal Zoning Change TBD City - Port SOC/ MOA February 2016 Page8