5e Attachments
MOA with Port of Seattle for DPD Permit Coordination Memorandum of Agreement Agency: City of Seattle, Department of Agency: Port of Seattle Planning and Development Agency Address: Agency Address: 700 Fifth Avenue, Suite 2000 Pier 69 P.O. Box 34019 2177 Alaskan Way Seattle, WA 98124-4019 Seattle, WA 98121 Project Manager Project Manager Bob Laird, Operations Director Paul E. Meyer Manager, Environmental Review and Permitting Project Contact Project Contact Roberta Baker, Land Use Review Paul E. Meyer Manager Finance Analyst Finance Analyst Stu Lorimer Dave Kleiber Accountant Accountant Sheila Chavez Accounting Contact Accounting Contact Sheila Chavez 206-233-7882. Financial Designee Financial Designee Charge Information: ORG = 2241 / Account= UMUPOTHER / Project 522115 / Activity 371 1 MOA with Port of Seattle for DPD Permit Coordination MEMORANDUM OF AGREEMENT Executed By The Department of Planning and Development a department of the City of Seattle, hereinafter referred to as "DPD"; Department Authorized Representative: Diane Sugimura Key Tower, Suite 1900 Seattle, WA. 98104-1703 and The Port of Seattle, hereinafter referred to as "the Port" Authorized Representative: Tay Yoshitani Address: Pier 69 2711 Alaskan Way Seattle, WA 98121 IN WITNESS WHEREOF, the parties have executed this MOA by having their representatives affix their signatures below. Seattle Department of Planning and Development By:__________________________________ Date:____________________ Diane Sugimura Director, DPD Port of Seattle By:__________________________________ Date:___________________ Tay Yoshitani Chief Executive Officer, Port of Seattle, 2 MOA with Port of Seattle for DPD Permit Coordination This MOA contains six (6) Articles. 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: This MOA is a continuation of a prior MOA between DPD and the Port that has been in effect since August 2006. Like the earlier MOA, this MOA outlines the manner in which the two agencies shall implement a cooperative agreement. The MOA is intended to clearly identify services and funding for coordinated processing of the Port's proposals. Development activities throughout the City contribute to the substantial work load of DPD reviewers. This workload impacts all applications for review, including the Port's. In order to retain adequate capacity for timely review of both the Port and all applications under review at DPD the Port will provide funding support to accommodate priority review of Port projects by DPD, and DPD will provide staff support and a priority focus on the Port's projects. ARTICLE II: SCOPE OF WORK Within the context of this MOA, The Port's operational goals are to: 1. Obtain timely permit approvals; 2. Minimize conflicts regarding permits; 3. Obtain clear permit application requirements, reviews and comments 4. Have predictability in timely permit approvals; 5. Understand City codes and procedures; and DPD's operational Goals are to: 1. Anticipate the Port's priorities and permit requirements; 2. Ensure the Port's responsiveness to code and procedural requirements; 3. Address citizen concerns in the planning and permitting of projects; 4. Complete its mission of enforcing State and City land use and environmental regulations; 5. Provide Management support across programs for coordinated review of the Port's projects subject to this MOA. 6. Provide timely permit approvals. To accomplish the stated operational goals for each agency and to continue to address the volume and complexity of projects to be proposed by the Port, the Port agrees to provide funding support over and above what is required for traditional permit processing for individual projects. Additionally, the Port shall continue to provide DPD with a monthly schedule of projects showing current and anticipated projects. The schedule shall clearly indicate the Port's priorities for processing. The Port and DPD also understand that applicants retain responsibility for permit applications to meet City standards and that DPD requests for corrections and information are addressed by applicants in a timely manner. DPD and the Port also understand that once applications meet City standards and 3 MOA with Port of Seattle for DPD Permit Coordination correction and other information has been provided, DPD will make permit decisions in a timely manner consistent with agreed upon schedules. The funding support provided by the Port shall allow DPD to dedicate resources to provide coordination between related Port projects and to meet peak workload demands within timeframes responsive to the Port's priorities. However, nothing in this MOA shall preclude the City from fully enforcing all pertinent regulations and permit conditions that apply to a Port project. Prior to application or whenever schedule adjustments are necessary, DPD and the Port shall discuss and determine a permitting schedule that is consistent with the overall project needs and all required pubic processes. DPD and the Port's representatives shall continue to meet on a monthly basis to review project status and establish a permit processing schedule for each following two (2) month period. The Port's funding resources provided under this MOA shall be applied in the following manner: 1) Coordination for Projects: DPD shall assign 0.5 FTE from current DPD staff in the form of an experienced Senior Land Use Planner who will be assigned to the review and/or coordination of land use review on Master Use Permits and Construction permits for Port projects subject to this MOA. DPD agrees to consult with the Port prior to the assignment of the Senior Land Use Planner to Port projects in order to ensure a match between the Port and DPD's needs. DPD will make the final selection of the assigned planner based on the needs of the Port and current resource demands at DPD. This Senior Land Use Planner shall be DPD's main contact person for the Port's project work and shall: Monitor progress of permit review and work with management and staff to make permit decisions in a manner consistent with the agreed upon schedule Coordinate production needs within DPD; Coordinate with the Port when development priorities change; Help coordinate permit issues including those that cut across DPD programs and City Department jurisdictions; and Be available for coaching the Port permit application during pre-submittal phases of development planning Provide guidance as to the applicability of shoreline exemption rules to a proposal Assist in review and process of exemption requests if during permit coordination scheduling the Port and City agree that an exemption request will exceed four weeks 2) Supervisory Oversight of Assigned Support DPD management who manage the staff providing the assigned project support (see #1 above) will be accountable to the DPD and the Port Directors for the provision of timely and professional services provided under this MOA. As part of the ongoing provision of these services, DPD management will present a status report at its monthly meeting with the Port. 3) Optional Additional Project Support: At the request of the Port, DPD shall assign another Senior Land Use Planner to be compensated on a hourly basis to act as the main coordinator with the Port on any additional unanticipated development needs in excess of 0.5 FTE. 4 MOA with Port of Seattle for DPD Permit Coordination ARTICLE III: TIME OF PERFORMANCE The terms of this MOA shall commence on January 1, 2011, and terminate automatically on December 31, 2011, provided, however, that if either party wants to terminate the agreement earlier it may do so by providing 90-days written notice. In June 2011, the Port and DPD shall review the MOA and make any mutually agreed upon changes or modifications in duties, tasks or funding levels prior to extending the MOA. Modifications to the MOA before the end of the term of the MOA may be initiated by either DPD or the Port as per Article V of this agreement ARTICLE IV: PAYMENT Compensation: The Port agrees to pay DPD's cost of providing the services in this MOA, as described below. 1) DPD Coordination for projects: The Port shall pay an amount not to exceed $_54,348.00_ for support of the 0.5 FTE assigned Senior Land Use Planner to review and/or coordinate the Port's development proposals. 2) Optional coordination for additional project support (item #3, Article II, above): If utilized, the Port shall compensate DPD at the hourly rate set by current DPD Fee Subtitle for the time spent by a Senior Land Use Planner acting as the Port's permit coordinator on additional projects. DPD will bill the Port monthly for services rendered by posting monthly charges for coordination activity for Activity and Low Org as appropriate at the time of service request. Rate will be adjusted annually to reflect cost of living and salary increases. Manner of payment: The Port shall pay DPD the amount of $ 4,529.00/month to support the 0.5 FTE Senior Land Use Planner assigned to review and/or coordinate the Port's development proposals. DPD will monthly submit an invoice to the Port and the Port will pay DPD within 30 days of receipt of invoice. Invoices shall be based on DPD hourly time sheet tracking system and provide sufficient information to meet the needs of the Port of Seattle accounting. If the option for additional coordination staff is requested, compensation for the hourly coordination shall be invoiced by DPD and included in the monthly payments. Invoices shall be based on DPD hourly time sheet tracking system and provide sufficient information to meet the needs of the Port of Seattle accounting. ARTICLE V: AMENDMENTS No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties hereto. The parties expressly reserve the right to modify the MOA by mutual agreement. If either party desires a change or modification in duties or tasks specified in the MOA or desires a change in the level of funding, the party requesting the change shall make such request in writing, and 5 MOA with Port of Seattle for DPD Permit Coordination 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 separate written agreement, identified as an amendment to this MOA. If the Port desires a change in funding levels, it must provide DPD with 90 days written notice. ARTICLE VI: AUTHORITY The City of Seattle and the Port recognize that the fee charged in this MOA is to recover the reasonable costs to the City for services described in the MOA for processing Port permits, as allowed under RCW 82.02.020. These costs are authorized under SMC 22.900B.020 A as special fees for services that are not otherwise specified in the City's fee ordinance. 6 5e_Attachment B 5e_Attachment B 5e_Attachment B 5e_Attachment B 5e_Attachment B
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