FIN 2018-09-05 Item 2D - Interlocal Agreement - Transfer of Surface Water Billing to King County

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time conversion fee will be billed in two installments starting in 2019. The City will pay invoices within 45 days of receipt. D. Pursuant to RCW 84.56.035, Tukwila agrees to pay the County a collection fee equal to one percent (1%) of all SWM service charge revenue collected by the County for Tukwila under the terms of this Agreement. This collection fee is separate from the per -account fee authorized in V.A. Twice per year (July and January) based upon collections through June 30 and December 31. King County Treasury will deduct the one percent collection fee from receipts collected on behalf of the City. King County may, within its sole discretion, change the frequency of the deductions, provided that written notice is provided to the City at least six months before such change is implemented. VI. Effectiveness, Duration, Termination and Amendment A. This Agreement is effective upon signature by both Parties and will remain in effect until December 31, 2028. B. This Agreement may be terminated by either Party for the following billing year by providing written notice by October 1 of the prior year. In the event of termination, payment will be made by the City for work performed by the County to the date of termination, provided that for SWM fees billed prior to the termination date, King County will continue to collect those previously billed SWM fees, make disbursements to the City, and retain the collection fee as authorized in Section V.D. C. This Agreement may be amended only by written agreement of the Parties. D. This Agreement is not assignable by either Party, either in whole or in part. E. This Agreement is a complete expression of the intent of the Parties and any oral or written representations or understandings not incorporated herein are excluded. The Parties recognize that time is of the essence in the performance of the provisions of this Agreement. Waiver of any default shall not be deemed to be waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the Parties which shall be attached to the original Agreement. F. Funding or obligation under this Agreement beyond the current appropriation year is conditional upon appropriation by the County Council and the City Council, respectively, 4 50