MEMORANDUM OFAGREEMENT
Executed By
The Department ofConstruction 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

The Port of Seattle
By: u
Date:   1,,'//1,
Ted Fick /
Chief Executive Officer
The Port of Seattle


City- Port SOC/ MOA                                                      Page 1
February 2016
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 ofthe scope ofwork
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 ofwork provided by SDCI to the Port pursuant to the terms of this Agreement.
The parties agree that coordination and timely review ofthe 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 ofboth 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 staffcapacity pursuant to the terms of this Agreement.
ARTICLE II
SCOPE OF WORK:
A.    The Po1i's Goals for thisAgreement
Within the context of this Agreement, the Port's goals areto:
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 ofdiscretionmy 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 thisAgreement
Within the context ofthisAgreement, SDCI's goals are to:

City- Port SOC/ MOA                                                      Page 2
February 2016

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 ofthe Port Funding
To accomplish the goals for each pai-ty described in this Agreement, the Port agrees to
provide fundingsupport as set   forthin    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 fundingprovided   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 onMaster Use Permit applications, and review ofsubsequent 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 schedulingof regular coordination meetings;
c.   Facilitate coordinated review ofProjects 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                                                   Page3
February 2016

Schedule;
f.   Facilitate timely reviews ofProjects 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 ofthe
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 supportover and above what is customarily required for
processing and review ofpe1mit applications pursuant to the terms of this
Agr  eement;
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 ofsubmittals or resubmittals
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                                                        Poge4
February 2016

1. Project Facilitator shall coordinate with other SDCI staffto 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. Ifthe 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 ofkey 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 Portwithin    24 hours, unless the
particular staffmembers 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 staffmeet Project Schedules
and project facilitation expectations;
b.  Reassign non-Port applications to ensure there is minimal impacts to non-Port
applications as a result ofthis Agreement;
c.   Assign Projects as "Priority2   11 in SDCI's project tracking system; and,
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 ofthis Agreement shall be the
date of execution on which the second paity to sign has signed the Agreement. ThePort    may
propose annual extensions up to a maximum oftwo 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                                                      Pages
February 2016

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. Ifthere is need to prorate
a monthly payment, the proration rate shall be determined bydividing the number of "work
days" included in the pmtion ofthe month to be invoiced by the total number ofeligible
"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 thisAgreement.
ARTICLEV
AUTHORITY:
The City of Seattle and the Port recognize that the monthly fee paid by the Port pursuant to
thisAgreement  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 chmged in
this agreement are intended to recover the reasonable costs to the City for services
described in the agreementfor 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 ofthe provisions hereof shall be effective unless in writing and
signed by authorized representatives ofthe 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 ofa separatewritten agreement, identified as an amendment to this ag reement.
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 thisAgreement.
Ifthe 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                                                         Page 6
February 2016

The parties will protect, defend, inden  mify, 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 thenegligent 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 ofthis 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 partiesto  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 writtenconsent     of the other pruty. Any assignment made in violation ofthis
provision will be null and void and confer no rights whatsoever on any person.
APPLICABLELAWS  AND VENUE
This Agreement will be governed by, and constrned and enforced in accordancewith,   the laws of
the State of Washington. Any legal action brought resulting from this Agreement shall be brought
in the Superior Court ofKing County, Washington.





APPENDIX A
List of "Projects".
City - Port SDC/ MOA                                                         Page 7
February 2016

City Project Permitting Status 02/05/2016
Project                                  City
SBM Fuel Dock lmproveme.nt            Seattle: 6484627
Sloan                                  {bldg. permit and
shor exemption)
Sub:7/15/15
SBM Restroom Replacement           TBD
Sloan
P66 Anthonys Fall Protection             TBD
Sloan
T-5 Berth Modernization                 SSDP 3019071
Meyer                            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
repair and maintenance                 approval
Blomberg
P91 Float Replacement                  DPD Exemption
Sub: Est 3/1
P91 Cruise Terminal Zoning Change       TBD




City - Port SOC/ MOA                                                         Page8
February 2016