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AG 90-054 '8 . MEMORANDUM City Clerk's Office TO: Mickey Corso, Parks and Recreation Director FROM: Maureen Swaney, City Clerk RE: Interlocal Agreement with Washington State Parks and Recreation Commission DATE: October 5, 1990 Attached are copies of documents sent back and forth between the City of Federal Way and the State Parks Commission. The Council approved entering into this agreement on July 17, 1990; the signed agreement was forward to Olympia on July 20, 1990. On August 24, 1990 my office received the signed original back with a short cover letter which did not mention that had made amendments to the document, a copy of which is attached. To conform with office procedures, this agreement was filed after copies were made for appropriate staff members. Until Mr. Kramer called today, no one was aware they had made amendments to the agreement nor did they tell us they expected a response to their amendments. . H@pe this helps clarify the situation. ,,( . . 8 (lAG 9/}-S'l INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT is entered into this date between the Washington State Parks and Recreation Commission, an agency of the State of Washington, hereinafter referred to as "Agency," and the City of Federal Way, a noncharter optional municipal code city incorporated under the laws of the State of Washington, hereinafter referred to as "City." For the mutual benefits and considerations to be derived, the parties, pursuant to the Intergovernmental Cooperation Act, enter into the following agreement: 1. The City hereby authorizes the Agency, on behalf of the City, to accomplish the following tasks with respect to the~êl~quisition by the City of those certain real properties commonly known as Hylebos Acquisition No.1 and Hylebos Acquisition No.2, l the legal description of which properties are attached as Exhibit A and B and hereby incorporated in full by this reference: A. Obtain necessary title reports; B . Obtain an appraisal by an M. A . I. appraiser, which appraiser shall conduct the appraisal in accordance with the applicable federal, state or local guidelines and requirements for appraisals of this na ture . C. Upon receipt of the appraisal and authorization by the City Council, the Agency shall be authorized to negotiate to acquire the parcels in the name of the City. Any offer in excess of the appraised value must be subject to City Council approval. Any such offer must provide for ownership to be conveyed by statutory warranty deed to the City of Federal Way. D. In the event the Agency is unable to successfully negotiate acquisition of the properties, and so notifies the City, or in the event the City requests that the Agency discontinue negotiations on its behalf, Agency shall deliver all notes, reports, correspondence and other documents that have been generated or received in connection with the services provided by Agency under this Agreement to the City within five (5) working days of the discontinuance of negotiation efforts. , \ '-' .. 8 8 °. S(1Y1 V r&"';y.. bl,.C.~e. 2. The City shall ~ all expenses incurred by the Agency associated with the acquisition of property under this agreement. These expenses shall include, but not be limited to, appraisals, title searches, title insurance, survey M~ng costs and all other costs involved in the negotiation ~ acquisition of the identified property. These costs shall not exceed $45,000 without written approval of the City. 3. Agency agrees to comply with all federal, state and local requirements and specifically to comply with any applicable provisions of the Interlocal Agreement between the City and King County. Agency is aware that a substantial portion of the funds to be utilized to acquire the properties covered by this Agreement are part of the 1989 King County Open Space Bond Issue" A copy of the lnterlocal Agreement between King County and the City is attached hereto, identified as Exhibit A, and hereby incorporated in full by this reference. 4. The City Manager of the City shall be the administrator of this Agreement. 5. This Agreement contains the entire agreement between the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. This Agreement may only be amended by written agreement of both parties. 6. The Agreement may be terminated at any time by either party upon the giving of not less than five (5) days notice to the other party. Any notices required to be given by the City to Agency or Agency to City shall be delivered to the following parties at the following addresses: City: J. Brent McFall, City Manager City of Federal Way 31132 28th Ave. S. Federal Way, WA 98003 Agency: Attn: Jan Tveten Washington State Parks 7150 Cleanwater Lane Olympia, W A 98504 & Recreation Commission 8 . Any notices may be delivered personally to the addresses of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 7. It is the stated intent of the City and the Agency that upon the City acquiring these properties that an additional interlocal agreement will be entered into between the parties which will permit the Agency to manage the properties and make them available for public use in conjunction with adjacent property already owned by the State and operated by the Agency within the limitations and in compliance with intent of the use of the properties as contemplated by Exhibit A" Dated this 24th day of August 1990. CITY OF FEDERAL WAY WASHINGTON STATE PARKS & RECREATION COMMISSION By: ~ ~ Tit1~- Di rector hylebos .il/jah Ôf!l/YèiltfA:ß P:y:;tzft'PI~M . Jh:ct(¿1-f ;Z'. a~~ a~À-~~~~/~ ~C~ ---r£'74'Ý "f , ..! 8 8 QAt> 9ð-~ (; March 29, 1990 INTERLOCAL COOPERATION Agreement BETWEEN KING COUNTY AND THE CITY OF ;:;. dDd,¿¡-J I.Jc, \./ OPEN SPACE ACQUISITION PROJECTS ( This Interlocal Cooperation Agreement is entered into between the City of E~GÞ'<R~ ~JaV . J ("city") and King County ("County"). Article I. RECITALS On November 7, 1989, King County voters approved the issuance of Bonds to finance the acquisition, construction, development, and improvement of public green spaces, green belts, open space, parks and trails and an excess property tax levy to pay the principal and interest on such Bonds. The ballot proposition was authorized by King County Ordinance No. 9071. Projects to be funded from Bond Proceeds include King County Projects, City of Seattle Projects and Suburban Jurisdiction Projects. prior to. the distribution of Bond Proceeds by the County to an eligible jurisdiction, Ordinance No. 9071 requires execution of an Interlocal Cooperation Agreement containing provisions necessary to satisfy applicable federal tax laws and regulations and to make certain other provisions. Pursuant to King County Ordinance No. 9071, and Washington Statute Chapter 39.34, the parties agree as follows: ~'~þ~ {! /}6: 9ó -:;c. - 1 - 901-319.AG EXHIBIT -Æ. . Article II. 8 DEFINITIONS. 8 . , 2.1. Agreement. This Interlocal Cooperation Agreement between the County and the city regarding the distribution of Proceeds from the sale of Bonds for public green spaces, green belts, open space, parks and trails, as described and authorized by ordinance No. 9071 and the Bond Ordinance. 2.2. Bond Ordinance, The ordinance or ordinances which are adopted by the King County Council authorizing the issuance and sale of Bonds to finance the projects authorized by Ordinance No. 9071 or subsequently approved by the County. 2.3. Bond Proceeds. The principal proceeds received from the sale of Bonds and any earnings received from the investment thereof. The term shall not include accrued interest on the Bonds paid by the original purchaser of the Bonds. 2.4. Bond Redemption Fund. The County fund designated by ordinance for the purpose of paying the principal of and interest on any Bonds issued by the County. 2.5. Bonds. Any bonds, notes or other evidence of indebtedness sold pursuant to the Bond Ordinance and any refunding bonds issued in lieu thereof. 2.6. Caþital Costs. The term "capital costs" shall be construed consistent with the term "capital purposes" in Article VII, § 2(b) of the Washington state Constitution, The term shall not include the replacement of equipment. The term may include payment for all costs related to the carrying out of Projects, including without limitation, real estate appraisal, legal and - 2 - 901-319.AG " 8 8 acquisition costs; making qualified reimbursements; paying necessary design, engineering, construction and Project administration expenses; staffing costs of the citizens oversight committee; paying interest on any interim financing pending the receipt of Bond Proceeds; and paying the costs and expenses incurred in issuing the Bonds or administrating the planning and distribution of Bond Proceeds. 2.7. citizens Oversight Committee. The Open Space Citizens Advisory Committee, which was established following enactment of the Election Ordinance and passage of the bond proposition authorized therein to review and report to the King County Council on a semi-annual basis regarding the status and implementation of approved Projects. The committee is also responsible for recommending to the King county Council concerning reallocations of Bond Proceeds when available for new or revised Projects. 2.8. Chief Financial Officer. The person serving as chief financial officer of the County's Office of Financial Management or the person's successor. 2.9. Code. The Internal Revenue Code of 1986 as amended, together with all applicable regulations. 2.10. The Election Ordinance. King County Ordinance No. 9071. 2.11. Open Space. The term nopen space 11 or "open space land" means (a) any land area so designated by official comprehensive land use plan and adopted by a city or county and - 3 - 901-319.AG 8 8 r zoned accordingly or (b) any land area, the preservation of which in its present use would (i) conserve and enhance natural or scenic resources, or (ii) protect streams or water supply, or (iii) promote conservation of soils, wetlands, beaches or tidal marshes, or (iv) enhance the value to the public of abutting and neighboring parks, forests, wildlife reserves, natural reservations or sanctuaries or other open space, or (v) enhance recreational activities or (vi) preserve historic sites or (vii) retain in its natural state, tracts of land not less than five acres situated in an urban area and open to public use on such conditions as may be reasonably required by the legislative body granting the open space classification. 2.12. Project. Projects for acquisition, construction, development and improvement of public green spaces, green belts, open space, parks and trails as authorized in the Election Ordinance or as subsequently approved by King county. 2.13. Proiect Cateqories. Projects allocated within one of three existing categories authorized in the Election Ordinance. The categories include county Projects, Seattle Projects and suburban jurisdiction Projects. 2.14. Qualified Reimbursements. Reimbursements of advances for Project costs made after the enactment of the Election Ordinance from other funds in anticipation of the receipt of Bond Proceeds as evidenced by written records made contemporaneously with such advances and in a form acceptable to the Chief Financial Officer. - 4 - 901-319.AG " 2.15. 8 Taxable Bonds. . 8.. Bonds the ~nterest on wh~ch ~s included in the gross income of recipients thereof by reason of the failure to comply with applicable requirements of the Code. 2.16. Tax Exempt Bonds. Bonds the interest on which is not included in the gross income of the recipients thereof by reason of section 103(a) of the Code of 1986 as amended. Article III. TERM OF AGREEMENT. This Agreement shall be effective when executed by both parties and shall remain in effect for twenty (20) years following the date of issuance of Bonds for the Projects, or the term of said Bonds, whichever is longer, unless terminated earlier pursuant to this Agreement. Article IV. CONDITIONS OF AGREEMENT. Section 4.1. Project Description/Use of Bond Proceeds. Bond Proceeds made available to the City pursuant to this Agreement may be used to defray the capital Costs of Projects pursuant to the Election Ordinance and this Agreement. Projects currently approved by the County are listed in The Attachment A, which is incorporated herein by reference. section 4.3. Project Implementation. Project implementation shall be as set forth in Attachment B, which is incorporated herein by reference or as set forth in approved modifications to the implementation schedule set forth in Attachment B. The parties recognize that delay in implementation - 5 - 901-319.AG " 8 8 of Projects will jeopardize the financial viability of the Projects as currently approved and the tax exempt status of interest on the Bonds. The City, therefore, certifies that as to its Projects, it has reviewed its real property acquisition procedures, commits to all reasonable action and will proceed with due diligence to ensure that its Projects are expeditiously completed in accordance with the Project Implementation schedule, and that it will give highest priority to those properties where there is a particular threat of conversion to a more intensive use or increases in acquisition costs. section 4.3. Maintenance in Perpetuity. The city and any successor in interest, agree to maintain the lands and facilities constituting the Projects acquired with Bond Proceeds provided pursuant to this Agreement, the Election Ordinance and the Bond Ordinance for the purposes set forth herein in perpetuity. the City changes the status or use of lands or facilities If acquired with Bond Proceeds pursuant to this Agreement to any other purpose or use, the City shall pay the County an amount acceptable to the County in cash to provide for replacement of the open space land or facilities or substitute other property which King county determines, through its normal legislative process, to be consistent with the purpose of King county Ordinance 9071. In either case, the value of the property shall be established at the time of the change in status or use, based on the changed status or use and not based on its value as public green space, green belt, open space, park or trail. In no event - 6 - 901-319.AG 8 8 I' shall the use of any land or facilities constituting a Project be changed to any private use, which would jeopardize the tax exempt status of the interest on the Bonds. At its own cost, the city will provide the County an independent MIA appraisal prepared in accordance with this section. The value established by the appraisal will not be binding on the County. The City shall provide the County with written notice prior to the change of use and shall reimburse the county within ninety (90) days of such notification. Reimbursement not received within ninety days will accrue interest at the then legal rate from the date of notification. Should any Project or portion thereof be subject to condemnation during the term of this Agreement, the proceeds of any award in condemnation of the Project or portion thereof shall be used for the acquisition, construction, development or improvement of other equivalent lands or facilities. The procedure for submission to and approval by the County of the City's proposed substituted lands and facilities shall be as set forth in Section 5.5. Nothing herein shall prevent the City from granting easements, franchises or concessions or from making joint use agreements or other'operational agreements which are compatible with the use of a Project for the purposes authorized in this Agreement and the ordinance. 4.4. Project Administration and Maintenance. Necessary administration and maintenance for a Project after its completion - 7 - 901-319.AG 8 8 shall be the responsibility of the jurisdiction in which the Project was located on July 1, 1989. If the Project is located within an area annexed by the City after July 1, 1989, ownership, administration and maintenance of the Project will be transferred to the City if so authorized by the County. Following such transfer, all provisions of this Agreement and the Election Ordinance applicable to City administration, maintenance and use of Projects shall apply. 4.5. special Conditions. As set forth in the Election Ordinance, the Agreement between the county and the city may contain special conditions. If applicable, such special conditions are attached hereto as Attachment C and incorporated herein by reference. 4.6. Joint pro;ects. If any of the City's Projects are joint projects with the County, in addition to any other applicable requirements or special conditions, the parties shall negotiate an agreement regarding administration and Project management of such joint Projects prior to distribution of Bond Proceeds to the City for such joint projects. Article V. BOND PROCEEDS. 5.1. Distribution of Principal Proceeds. The principal proceeds of the Bonds shall be deposited in a fund or funds to be designated by the County for the purpose of administering, disbursing and accounting for Bond Proceeds authorized by the Election Ordinance, this Agreement and the Bond Ordinance. - 8 - 901-319.AG 8 8 Within said fund or funds, Bond principal will be distrib~ted to the city in accordance with the schedule attached hereto as Attachment A.' 5.2. Investment of Bond Proceeds. The County, through its Office of Financial Management, shall be responsible for placing investments of cash balances. The County will be responsible for arbitrage calculations and related actions required by the Code to ensure compliance with arbitrage regulations. The city shall maintain complete and accurate records of all expenditures and any investment of Bond Proceeds by the city and shall provide all information requested by the County to assure such compliance. 5.3. Distribution of Interest Earnings. Interest earnings on the principal Bond Proceeds will be distributed to the city on a periodic basis, and will be calculated based on the unspent balance of all city Projects. The County will allocate such interest earnings to specific City Projects according to the City's instructions. Interest earnings available for distribution will be reduced as necessary to provide for any rebate payments required by the Code due to arbitrage earnings on bond Proceeds. Any' interest earnings withheld in excess of required rebate payments will be distributed to the city pro-rata, based on the City's share of all interest earnings received on Bond Proceeds. 5.4. Bond Proceeds Disbursement. Bond Proceeds will be disbursed to the City upon receipt and verification by the Open Spaces Office of properly completed - 9 - 901-319.AG 8 8 The Office of Financial requests for payment of Bond Proceeds. Management shall prescribe the form of such requests. disbursement requests shall be made only for Qualified The Reimbursements to the City for Capital Costs, for current city expenditures for Capital Costs and for payment of interim financing pursuant to section 5.6. The city shall transmit payment to its payees for current Capital Costs expenditures within five days of receipt by the city of its requested Bond Proceeds. The city shall provide a list of authorized individuals to certify the requests submitted to the County. The city will be responsible for the accuracy of the payment requests and the propriety and timeliness of its disbursements following receipt of Bond Proceeds. 5.5. Bond Proceeds Reallocation. a. Excess Bond Proceeds - Existing projects. If, upon completion of a project, Bond Proceeds exist in excess of the amount necessary to fully provide for the project, the City may propose to allocate such excess Bond Proceeds to other existing Projects by providing the county and the citizens Oversight Committee notice of its intention to reallocate such Bond Proceeds and by submitting with such notice a revised implementation schedule reflecting such proposed reallocation. The citizens Oversight Committee shall have 21 days to review and recommend approval or disapproval of the city's proposed reallocation. The city's proposal and the citizens' Oversight - 10 - 901-319.AG 8 8 Committed recommendation will be submitted to the King county council for determination. (b) Bond Proceeds Reallocation - Project Abandonment. If the City abandons a Project, the city may reallocate unexpended Bond Proceeds to other existing approved City Projects following the same procedure as set forth in sub-section 5.5(a} above after formal legislative action by the City, which includes a determination and findings that changed conditions or new information developed after approval of the Project prevent completion of the Project or clearly demonstrate that the existing Project would no longer serve the best interest of the city in fulfilling the intent of this Agreement and the Election Ordinance. (c) Bond Proceeds Reallocation - New Proiects. If the City proposes to reallocate Bond Proceeds to a new Project, the city shall forward its proposal to the Citizens Oversight committee for its review and recommendation. The King County council may reallocate Bond Proceeds following receipt of the citizens oversight Committee's recommendation, if it determines that the proposed new Project is consistent with the purpose of the Bonds and if it obtains the Agreement of one or more cities within the same project Category. 5.6. Interim Financing. Following the County's adoption of the Bond Ordinance, the City may issue short term obligations in anticipation of reimbursement from Bond Proceeds, pursuant to the Bond Ordinance and this Agreement, to defray the same capital - 11 - 901-319.AG 8 8 Costs for which Bond Proceeds may be utilized. The city shall submit such proposed obligations to the county's Chief Financial Officer for approval prior to incurring such obligations, if the obligations are intended to be paid from Bond Proceeds. Upon approval by the County's Chief Financial Officer, the payment of principal and interest upon such approved short term obligations shall be a proper object of expenditure of Bond Proceeds. Article VI. REPORTING REQUIREMENTS. 6.1. Reportinq Schedule. During implementation of the Projects, the city shall provide the county and the citizens oversight Committee semi-annual reports describing Project implementation status. Such reports shall contain such information and shall be in a format all as specified by the County. The Report shall be submitted no later than the twentieth working day of January and July of each year during which such reports are required. Article VII. TAX COVENANTS. 7.1. Preservation of Tax Exempt Status. If the County issues Tax Exempt Bonds to provide funds for the Projects, in addition to all other requirements set forth in this Agreement, so long as such Bonds are outstanding or for twenty years after the first disbursement of Bond Proceeds, whichever is longer: (a) The city will not use or permit to be used any of the Bond Proceeds or the property or facilities acquired, - 12 - 901-319.AG , ' 8 8 constructed, develo~ed or improved as part of the Projects in such manner and shall not take or omit to take any other action as to cause the interest on the Bonds to be included in the gross income of the recipients thereof for purposes of federal income taxation. (b) The City will provide certificates when and as required by Bond Counsel, the Code or the Internal Revenue Service in order to establish or maintain the tax exempt status of interest on the Bonds. (c) The City will comply with any requirements imposed by the Code in order to preserve the tax exempt status of interest on the Bonds. The city will cooperate in any audit by the Internal Revenue Service, including disclosure of any records, contracts and other materials required by the Internal Revenue Service in order to establish or preserve t~e Bonds' tax exempt status or as may be required by the Code. 7.2. Indemnification. If the Bonds become Taxable Bonds as a result of the acts or omissions of the City not approv~d in writing by the County, the city shall indemnify and hold the county, its officers, employees and agents, including bond counsel, harmless with respect to bond holders' claims and any costs attendant thereto, including any penalties and the County's attorneys' fees and costs in defending such claims. - 13 - 901-319.AG , ' 8 8 Article VIII. RESPONSIBILITIES OF COUNTY. 8.1. Issuance of Bonds. Subject to the terms of this Agreement, the Election Ordinance and any Bond Ordinance or Bond Ordinances adopted by the King county council, the County will issue Bonds for the purposes set forth herein and in the Election ordinance in a principal amount of not more than $117,640,000. Of that amount, the maximum principal amount of Bond Proceeds to be allocated to city of Seattle Projects is $41,795,000 and for Suburban Jurisdiction Projects, $35,010,000. Such Bonds may be sold at public sale in the manner required by law or, if the County determines it to be in its best interest, by negotiated sale. Maturity of such Bonds shall be as established by the County. The Bonds shall be issued over a period not to exceed seven years after their approval by the qualified electorate of King County and may be issued in more than one series, may be combined for the purpose of issuance with other authorized County bonds and shall be issued in such amounts and in such denominations and shall contain such redemption provisions and other terms and conditions as shall be determined by the County. 8.2. Distribution of Bond Proceeds-Agreement. Distribution to the city of any Bond Proceeds is specifically conditioned upon execution by the City and the County of this Agreement. 8.3. Future Support. The city may request additional funds for additional projects as set forth in this Agreement; however, the County has no obligation to prov~de funds to the City in excess of the amount shown in Attachment B, nor to provide funds - 14 - 901-319.AG , ' 8 8 to the city in support of Projects not specified in Attachment A. The County assumes no obligation for the future support of the Projects described herein, or any other projects except as expressly set forth in this Agreement. Article IX. GENERAL PROVISIONS 9.1. Hold Harmless and Indemnification. (a) The county assumes no responsibility for the payment of any compensation, fees, wages, benefits or taxes to or on behalf of the city, its employees, contractors or others by reason of this Agreement. The city shall protect, indemnify and save harmless the county, its officers, agents and employees from any and all claims, costs and losses whatsoever occurring or resulting from (1) the City's failure to pay any compensation, wage, fee, benefit or tax, and (2) the supplying to the city of work, services, materials or supplies by city employees or agents or other contractors or suppliers in connection with or in support of performance of this Agreement. (b) The city further agrees that it is financially responsible for and will repay the county all indicated amounts following an audit exception which occurs due to the negligent or intentional acts or failure for any reason to comply with the terms of this Agreement by the City, its officers, employees, agents or representatives. (c) The city shall protect, defend, indemnify and save harmless the County from any and all costs, claims, judgments or - 15 - 901-319.AG , ' 8 8 awards of damages, including attorneys' fees, arising out of or in any way resulting from the Projects, including but not limited to the negligent acts or omissions of the city, its officers, employees or agents. For purposes of this Agreement only, the city agrees to waive the immunity granted for industrial insurance claims pursuant to Washington statute chapter 52 to the extent necessary to extend its obligation under this subparagraph to any claim, demand, or cause of action brought by or on behalf of any employees, including judgments, awards and costs arising therefrom including attorneys' fees. 9.2. Amendment. The parties reserve the right to amend or modify this Agreement. Such amendments or modifications must be by written instrument, signed by the parties a~d approved by the respective city and County Councils. 9.3. Contract Waiver. No waiver by either party of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition, nor shall a waiver of any breach, be deemed to constitute a waiver of any subsequent breach whether of the same or a different provision of this Agreement. No waiver shall be effective unless made in writing. 9.4. Notices. Any notice, consent, demand or other communication hereunder shall be in writing and shall be deemed to have been given if delivered in person or deposited in any United States Postal Service mail box, sent by registered or certified mail, return receipt requested, and first class postage prepaid, addressed to the party for whom it is intended as - 16 - 901-319.AG , ' c-: / j c',/" h--::iQ .,; lz/'-'..~! '-( C-17 />].:.- Vlc:;.q Q> . 3//32.. .~~w yaSc, - follows: (1) if to the c~ty: ( ,~j3..../ h".-(' '<1<:' '9i'{ö'Q3 ~'ß~¿; / ). (2) If to the County: Chief Financial Officer, 400 King County 8 Courthouse, Seattle, Washington 98104. These titles and addresses may be changed by written notice to the other party pursuant to this provision. 9.5. Interpretation. This Agreement shall be interpreted according to and enforced under the laws of the state of Washington. The section and subsection captions of this Agreement are for convenience only and shall not control or affect the meaning or construction of any provision in this Agreement. 9.6. separability. Each provision of this Agreement is separable from all other provisions. In the event any court of competent jurisdiction determines that any provision of this Agreement is invalid or unenforceable for any reason, all remaining provisions will remain in full force and effect. 9.7. Entirety. This Agreement is a complete expression of the terms hereto and any oral representations or understandings not incorporated are excluded. This Agreement merges and supersedes all prior negotiations, representations, and agreements between the parties relating-to the Bonds, Bond Proceeds or Projects and constitutes the entire Agreement between the parties. The parties recognize time is of the essence in the performance of the provisions of this Agreement. - 17 - 901-319.AG , . 8 8 IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below. KING city of ~~/crd / tv::, 'f I fOR KI DATE: QR/9o DATE: ACTING UNDER AUTHORITY OF MOTION NUMBER 79/.s- By: Its: Date: Acting .nde ÅP}' 5, J-rye- Approved as to form: as to form: NORM MALENG King' county Prosecuti-ng',~",":",<: city ~rneY : .,¿ , _. 'rf~~~ - (-~ torney - 18 - 901-319.AG . , ' Name --------- White Riv/Lakeland Mercer Slough Kelsey Creek Lake Hills Greenbelt Jones Lake Trail Bothel Landinq Parks ide Open Space N. Midway Park Des Moines Crk. Tr. Snoqualmie River Tr Hylebos Park Add #1 Hylebos Park Add #2 Adelaide/Lakota SW 363rd, 12 & 14 SW Spring valley Lutherland/Lk Kill. Camelot Park Add. Cougar Mtn Access Squak/lssaquah Cr Tr Green R corridor Lake Fenwick Trail Juanita Bay Acq. Totem Lk Houghton Beach Acc. Marine Park Access Lk For park open Sp. First Hill Park & Tr Mercerdale 53rd Place Greenbelt Miller Creek Tollgate Farm Bear Evans Crk Trail Cedar River Trail Honey Creek Trail Springbrook Trail Lake Wash Waterfront North SeaTacPark Riverton Greenbelt Duwamish/Green Lots Macadam Pond Maple Tree Southgate Greenwood Clark Lake Interurban Trail Black River Wetland Bond Sale Expenses Citizen Comm support ATTACHMENT A 8 OPEN SPACE BOND 8 ALLOCATION OF BOND PRINCIPAL BY PROJECT AND CITY Project city Allocation ------ ------ Auburn 1,804,063 Bellevue 4,109,255 Bellevue 1,553,499 Bellevue 952,144 Blk Diamond 484,076 Bothel 752,695 Des Moines 651,467 Des Moines 100,226 Des Moines 326,956 Duvall 91,086 Federal Way 379,354 Federal Way 1,185,570 Federal Way 315,310 Federal Way 383,263 Federal Way 1,700,329 Federal Way 1,142,022 Federal Way 256,227 Issaquah 150,339 Issaquah 150,339 Kent 841,896 Kent 851,919 Kirkland 601,354 Kirkland 250,564 Kirkland 300,677 Kirkland 551,241 Lk Forest Park 425,959 Mercer Island 618,075 Mercer Island 130,293 Mercer Island 952,144 Normandy Park 501,129 North Bend 200,451 Redmond 2,154,853 Renton 2,014,472 Renton 375,846 Renton 400,903 Renton 150,339 SeaTac 2,605,869 'l'ukwila 145,327 Tukwila 440,993 Tukwila 370,835 Tukwila 216,488 '1'ukwila 29,065 MUltiple 345,739 Multiple 1,067,516 Multiple 1,576,350 Multiple 324,731 Multiple 49,781 Multiple 26,962 -------------------------------------------------------------- Totals 35,010,000 -------------------------------------------------------------- . . 8 8 CITY OF: " _IERAL \lAY PROJECT: Adelaide/Lakota BOND PROCEEDS. : $332,995 ALLOCATED BOND PRINCIPAL: $315.310 . '.' SU~URBAN CrTIES OPEN SPACE PROGRAM QUARTERLY CASH FLOW PROJECTIONS EXHIBIT A ,. .. \ :, ...- :"'",' " ¡, f.. . PRO J E C T PH A S E S Bond Proceeds Cash Flows Aåninistration Acquts it ion Design Construction Total QUARTER I I I I I I I I I I I I 1,t/90 1 I I I I I I I I I I I $6,224 I I I I 1'55). 997 I 2nd/90 I 33 "JðC I ::::J.Y>?; ~ '7 7 I I I I I I I I I I $93,364 I I I I I I 3rd/90 , I I I I I I I I I I I $93,364 I I I I I I 4th/90 I I I I I I I I I I I I $93,364 I I I I I I 1st/91 I I I I I I I I I I I I $46,681 I I I I I I 2nd/91 I I I I I I I I I I I I I I I I I I 3rd/91 I I I I I I I I I I I I I I I I I I 4th/91 I I I I I I I I I I I I I I I I I I 1st/92 I I I I I I I I I I I I I I I I I I 2nd/92 I I I I I I I I I I I I I I I I I I 3rd/92 I I I I I I I I I I I I I I I I I I 4th/92 , I I I I I PROJECT & 5332,997 5,)',),,917 PHASE TOTALS ...~~ac=...==...== =====...........=. c=c=.c======-..... ......-.........== ==a======-===..=.. .................. *NOTE: "BOND PROCEEDS" equals the total allocated bond principal plus the expected interest earnings. Actual earnings will be determined by the bond sale, and by the rate of spending. .. SU8UR~AN..CnIES,;OPEN SPACE PROGRAM :~ARtERLY CAS" FL~ PROJECTIONS EXHIBIT A 8 CITY OF: 8RAL WAY PROJECT: Spring Valley BOND PROCEEDS. : $1,795,696 ALLOCATED BOND PRINCIPAL: $1,700,329 .F\-¡,- . /., PROJECT PH A S E S Bond Proceeds Cash Flows Achlnl strat Ion Acquls ft i on Design Construction Total QUARTER I I I I I I I I I I I I 1st/90 I I I I I I I I I I I I $33,564 I I 71; 5'70 I. I I : 9' 1 ~ C;;>;'j I 2nd/90 I I 7'?::J.¡3/r I I I I I t I I I $503,466 I I 77~ ~/5 I I r 7 91. '~'r;> I 3rd/90 I I I I I I."'» I I I I I I I $503,466 I I I I I I 4th/90 I I I I I I I I I I I I $503,466 I I I I I I 1st/91 I I I I I I I I I I I I $251,734 I I I IS I I 2nd/91 , I I I I¡SCé' I ~ I ,f(';--. I - I I I I I I I I I I I I 3rd/91 I I I I I I I I I I I I I I I I I I 4th/91 I I I I I I I I I I I I I I I I I I 1st/92 , I I I I I I I I I I I I I I I I I 2nd/92 I I I I I I I I I I I I I I I I I I 3rd/92 I I I I I I I I I I I I I I I I I I 4th/92 I I I I I I PROJECT & ..~a8as:~:::S.::::= 8~S==.....=.aaa... ...~=.8="...S..:8 ............:=:::. ==.:==8======:=... =~~~~~==~~~. PHASE TOTALS -NOTE: "BOND PROCEEDS" equals the total Bllocated bond principal plus the expected interest earnings. Actual earnings will be determined by the bond sate, and by the rate of spending, , . " 8 . " '" , SUBURBAN CITIES OPEN SPACE PROGRAM QUARTERL; CASH fL~ PROJECTIONS EXHIBIT A CITY Of: 411Þ_JERAL WAY PROJECT: SW 363rd, 12-14th SW BOND PROCEEDS* : 5404,759 ALLOCATED BOND PRINCIPAL: QUARTER 1,t/90 2nd/90 3rd/90 4th/90 1st/91 2nd/91 3rd/91 4th/91 1st/92 2nd/92 3rd/92 4th/92 PROJECT & PHASE TOTALS PRO J E C T PH A S E S ~ Bond Proceeds Cash Flows Aåninistration Acquisition Design I I I I I I I I I I I I $7,566 I LJJ)'l¡.7b l1;ð~7?11 I I I I $113,484 I I I I I I I I I $113,484 I I I I I I I I I $113,484 I I I I I I I I I $56,741 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I $383,263 c" ".' J, / i" ..; . / ,i , ... !1¡f j")~j /: ),'),) n~1 )j;.I,,/'.;{. rh/,' ki i¡>~; (¿,¿. J; ;,'~' c) '/ ~L') Ì'" l1L:i ,'c.',,' I Construction Total I I I I I I I I 14é~L¡.: 7(,7' : I I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I $404, 759 ~!-¡ ('I ~ 7 [: 9' ======.....a====== ==.=..=a.===...=.. .a=_====........:= ....=.===.8:====== ......===..=.===== .========,=..=..=. *NOTE: "BONO PROCEEDS" equals the total allocated bond principal plus the expected interest earnings. Actusl earnings will be determined by the bond ssle, and by the rate of spending. ,<' - . . . J .', " 8 8 city OF: t~~ERAL WAY PROJECT: Hylebos Park Addition #2 BOND PROCEEDS. : 51,252,066 ALLOCATED BOND PRINCIPAL: 51,185,570 S~~~BAN CitiES OPEN SPACE PROGRAM QUARTERLY CASH FLOW PROJECTIONS EXHIBIT A <;/' (p, J- ,- J . PRO J E C T PH A S E S Bond Proceeds Cash Flows Adninlstrstion Acquisition Design Construction Total QUARTER I I I I I I I I . I I 1st/90 I I I I I I I I I I $23,403 I ) oJ 5") ~ó-Z I I I :1. - - I 2nd/90 I -' I J :;, ~ê I I I I I I I $351,046 I I J, /:2 C 85 ~I I I / J. r; (~:.F 'I I I ... , ,../ / 3rd/90 I I I 1 ) , I I I I I I $351,046 I I I I I 4th/90 I I I I I I I I I I $351,046 I I I I I 1st/91 I I I I I I I I I I $175,524 I I I I I 2nd/91 I I I I I I I I I I I I I I I 3rd/91 I I I t I I I I I I I I I I 4th/91 I I I I I I I I I I I I 1at/92 I I I t I I I I I I I I 2nd/92 I I I I I I I I I I I I 3rd/92 I I I I I I I I I I t I 4th/92 I I I I PROJECT & 51,252,065 / ;;v'.í} t (... [: PIIASE TOTALS 2==~==.==...S..... .....Sc....====.=. ===..........a.... ..=~=....=.======= ===-=a............ ~.d=.=.====¡===::= *NOTE: "BOND PROCEEDS" equals tit. total allocated bond principal plus the expected intereat earnings. Actual earnings will be determined by the bond aBle, and by the rate of spending. . ",'" , 8 CITY OF: ~ERAL UAY PROJECT: Hylebos Park Addition #1 BONO PROCEEDS. : $400,631 ALLOCATED BONO PRINCIPAL: $379,354 ,. SUBURBAN ~'fIE& OPEN SPACE PROGRAM QUARTER~YCASH FLOW PROJECTIONS EXHIBIT A ." /, PRO J E C T PH A S E S )'/" '~, ¡ . ¡ Bond Proceeds Cash Flows Adnfnistration Acquisition Design Construction Total QUARTER I I I I I I I I I I 1st/90 I I I I I I I I I I $7,489 I /¡{J J Ö&") I I I 'c, éb ,5 I 2nd/90 I I I I I I I I I I $112,326 I I 5&(2)567 : I >¿?' l?O I 3rdJ90 I I I .> .~., -'~' / I I I I I I $112,326 I I I I I 4th/90 I I I I I I I I I I $112,326 I I I I I 1st/91 I I I I I I I I I I $56,165 I I I I I 2nd/91 I I I I I I I I I I I I I I I 3rd/91 I I I I I I I I I I I I I I I 4th/91 I I I I I I I I I I I I I I I 1st/92 I I I I I I I I J I I I I I I 2nd/92 I I I I I I I I I I I I I I I 3rd/92 I I I I I I I I I I I I I I I 4th/92 I I I I I PROJECT & $400,632 i¡(~' ¿?) PHASE TOTALS -(,'/[:-, - ~..t::=.......=.:= ......:a.......... .....:........==:. ......=:=.....:=== ....==a:=......:=. ...==:.....-.-.=.. .NOTE: "BOND PROCEEDS" equals the total allocated bond principal plus the expected interest earnings. Actual earnings will be determined by the bond sale, and by the rate of spending. .. ' . .þ' 8 " 8 . . SUBURrAN'c1TltS OPEN SPACE PROGRAM CITY OF: .~¡)ERAL WAY ,. ' QUARTERLY CASH FLOW PROJECTIONS PROJECT: Camelot Park Addition EXHIBIT A BOND PROCEEDS. : $270,598 ALLOCATED BOND PRINCIPAL: $256,227 >(-~ PRO J E C T P HAS E S Bond Proceeds ;J-¡ 1) 1 Co (.", f y frð J' Ç..ç. is Cash Flows Aåninistration Acquisition Design Construction Total QUARTER I I I I I I I I 1st/90 I , I ' I I I 1 $5,058 I I I I 2nd/90 I I I ' I I I I $75,869 I I I I 3rd/90 I I I I I I I I $75,869 I I I I 4th/90 I I I I I I I I $75,869 I I I I 1st/91 I I I I I I I I 537,932 I I I I 2nd/91 I I I I I I I I I I I I 3rd/91 I I I I I I I I I I ' I 4th/91 I I I ' I , I I , , I I 1st/92 I , I I I I I I I I I I 2nd/92 _1 I I I I I I I I I I I 3rd/92 I I I I I I I I I I I I 4th/92 I I I I , PROJECT & $270,597 PHASE TOTALS 8...~...=.===.=.= =======.......-... ............-...=. ====.==...8.=====: .888.............. ......:-.-=....... .NOTE: "BOND PROCEEDS" equals the total allocated bond principal plus the expected Interest earnings. Actual earnings will be determined by the bond sale. and by the rate of spending. " ' .. t, , ~ t '<.' . 8 8 CITY OF: l~ùERAL WAY PROJECT: Lutherland on Lake K. BOND PROCEEDS. : $1,206,075 ALLOCATED BOND PRINCIPAL: $1,142,022 SUBiJRSAN'C1"TIES OPEN SPACE PROGRAM ~ARTERLY CASH FLOW PROJECTIONS eXHIBIT A J, C PRO J E C T PH AS E S Bond Proceeds Cash Flows Aåninistration Acquisition !fíh¿, C:,C?>?fy Próy'Q.c,f;- Construction Total Design QUARTER 2nd/90 I I I I $22,543 t '- I $338,152 I I I $338,152 I I I $338,152 I I I $169,076 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 I I I I I I I I I I I I I I I I I , I I I I I I I I I I I I I I I I I I I 1___1 I I I I I I I I I I I I 18t/90 3rd/90 4th/90 1st/91 2nd/91 3rdJ91 4th/91 1st/92 2nd/92 3rdJ92 4th/92 PROJECT & PHASE TOTALS $1,206,015 K~=.=K===-=...._.. ==-====--.a..==_=- =..-.._..a======.- ~====..======~==.= 8.=a_.=..=====.==. a====.===========- <ONaTE: "BOND PROCEEDS" equats the total allocated bond principal plus the expected Interest earnings. Actual ,earnings will be deteMIIlned by the bond sale, and by the rate of spending. - ". : ~ ' .. . .. .. . . . ATTACHMENT C INTERLOCAL COOPERATIVE AGREEMENT BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY OPEN SPACE ACQUISITION PROJECTS Should any reallocation of funds for either the Camelot Project of the Lutherland project prove necessary, the city of Federal Way and the County will work with the citizen Oversight Committee to identify suitable substitute projects that appropriately serve the same populations as these projects before considering the reprogramming of the funds to projects in other areas. c~ OF FEDERAL WAy8 Mayor Debra G. Ertel 31132 28th Avenue South Federal Way. WA 98003-5599 (206) 941-1696 City Manager J. Brent McFall October 3, 1990 Andrew W. Kramer, Supervisor Land'Acquisition Section Washington State Parks and Recreation 7l50 Cleanwater Lane, KY-ll Olympia, Washington 98504-5711 Commission Dear Mr. Kramer: Coimdl Members- Mary E. Gates James V. Handmacher Joel R.. Marks Robert E. Stead Lynn J. Templeton James E. Webster The City of Federal Way has received several inquiries this past week from concerned citizens as to the status and progress of your agency's action regarding the attached contract and land acquisition of Hylebos Nos. 1 & 2. Our park planning and property acquisition consultant, Mr. Jerry Draggoo (503-297-l005) has been in contàct with Randy Pearson of your agency. Mr. Pearson advises he has no knowledge regarding the agreement dated August 24, 1990 we received from your office - " --'. . ._"" ~- (l;tHONE CALL) ITii-j r 1 r V ~7 V ïE7ïE7 - ...1J - ('Ä /\iD ---'.--". ..._~J_~~7;-_...""----___Cij"TI::. ) ~__TI" ". ,,15~ IVI ~ d . Jf :':, G~~ ---~~~~;~~ ~===-~Z;;6;;Ç- '\""f"'1"""f-~"-""I~-:':",,,,',,,,""----,,'", ""-""",-"----"...::"dQ"J5"""",,,, """""""""""""" I~""."""""""""""""":"""""y"""""",,,,:,,""""""",,",,",,."..,,'.""""",,1:,,",,",,:".,,"I"""""""I"""..'.'.",,,,",,:,,".,,,,.L...".""".""'"".""""'.",,',,""",,",,l,, L..." ., 1.\" ",.1,' iI-I'. ;~;'¡¡::,~,-;-:;::-~--_..._---:-- .:.. ..~'";::: ._, MESfIF,GI ~:.NL£l4r~-<J~';í '"":"""',,",,,,.,,",,",, '":"",,::,,:,, 1"'"'""""""";""1""."",,,,,,,,,,:,,:,,1,,,,":"~",,",,,,",,"",,',,"L,, ON g J - ----" ------- -""-"""',,-----""_,,__I:11[,, "",,-,, """rJ""""(l""""",I_"""""""""""""""i'^I,,,,,,,,"r-", I....", ' , """,," ""r""""""".."""."""."""".".,,.,,,,""""""""V..""."""""""":"..V.""""."".."",,..,,,,".""'"':""".1..".""."-".".,,.1,,,,."...,,".."""":.:"."..""."""1".""."".",,,,..."""".'."',,",,..".A.:.,,"",,",,""",,",,-.I:""""""'"¡,,"~,,"",,"",,",,-,, m !Z...4----------Lr_!- _YW-Io.L"<.!.l-LJ:Y-O-,,J"-----í; """ "ALìiAIN _.t ' I/(/.< J~-Ü t- tl.eß. C <:L---h~f' - -- ~- ¿/ÚViCi;- , '" c~ _~Cll..~____-::'~~~~. . ',1 :/itJ TVETEN Director " "'~'" 8 -"."- STATE OF WASHINGTON . WASHINGTON STATE PARKS AND RECREATION COMMISSION 7150 CIeanwater Lane, KY-'-¡ . Olympia, Washington 98504-5777 . (206) 753-5755 August 24, 1990 Maureen M. Swaney, CMC City C1 erk City of Federal Way 31132 28th Avenue S. Federal Way, WA 98003-5599 RSC 41J. 'lilt/SO (:1., 'S 2 i' C/.,."O" c¿l:/1, 1990 If: ¡:; kS I:DI:R, o¡'~ìc. '.41. IA; ~ ""4y , . / / . 'I Dear Ms. Swaney: Enclosed is the signed original Interlocal Cooperation Agreement between the City and the Commission. Thank you for your cooperation. Sincerely, ~u~J W. M~.J£,.., Andrew W. Kramer, Supervisor land Acquisition bh Enclosure <~>3 8 8 CITY OF FEDERAL WAY Mayor Debra G. Ertel 31132 28th Avenue South Federal Way. WA 98003-5599 (206) 941-1696 Council Members Mary E. Gates James V. Handmacher Joel R. Marks Robert E. Stead Lynn J. Templeton James E. Webster City Manager J. Brent McFall July 20, 1990 Washington State Parks & Recreation Commission 7l50 Cleanwater Lane Olympia, WA 98504 Attn: Jan Tveten Re: Interlocal Agreement Dear Mr. Tveten: Enclosed herewith please find original Interlocal Cooperation Agreement between the City and the Commission. Will you please date and sign the document, and return to our office. Thank you for your courtesies. /~~rs; : L Maureen M. SW~ City Clerk MMS:cg Enclosure c: City Manager 8 8 0072.01001 JDW/naa 04/l:a/gO 11lTJlJU.OOJ.L OOOPDaIJlZOII u",""ran / 1/ / / l'Ja~;ø.n the 'l'BXS AGREEMENT i. entered into this date / Washinqt.oh state Parke anI;! Recreation Comml!1sion 1 an/agency of the State of w&8h1nc;ton, hereina~t.8.r referred to as )1f~.nQY, 'I and the C! ty ot '.c1eral way, a noncha....'"'"t.r optional/'mun:ia1pal oode city incorporated under 'ths law. of ~. Sta,. of Walihington, hereinatter reterrad to ag "Ci't.y.n For the 3utual :blimof1tca ana /-óonøidaration. 'to be derivQc1, the part-1.II, pv.rlluant to ,/ the Interqovernment.al rcaquiramentø 1. Tho city hereby tOllo~q aqre~ent¡ hc~~.8 ~e AgenCYj on behalf gt Cooperation Ac~, enter into th the city, to accomplish the tal ~in9 tasks with respect to the / aoquisition Þy t.hè cit~ ct tho certain røal p~cpertie5 commonly . 1 and HyloÞoB ACquis1~ion NO.2, / the legal desQrlption 0 Wht6h properties arQ a~~ach.ð as EXhibit A and 8 4nQ hereb ~atAd in ~ull by th1a rareranee: i a~ nac..sary ti~lo roport., Ob~in an appraiaal 1::Iy an X.A.I. appraiser, which appraiSiuar cha 1 conduct the appraisal in accordance with A. D. the applicabla state or local' quid.el ihee anå. of this natur.. Upon r.g.ip~ of 'the apprai.al and by the Ci:y council, tho Asenoy shall Þe authorized 0 ~o ocquiJ;"e tho parcels in the name of the city. Any of the appraised value must be sUbject ~O City - 1 - 8 8 council approval. Any 8Uch offer m~.~ prov1da for owneranip to :be aonvay.d by statutory wattan1:y deed. to the 011:y of Federal way. D. In the event the Agenoy is unùÙe to successfully negotiate Acquiait1on of the properties, and $0 not.ifi85 the oi ty, or in the event the City rer.quests that the ~qenQY ai.continue negotiation. on its behalf, Ag-ency shall deliver all not.., reports, correspondence and other documents thAt have been generated. or received 1n connection with the serviCIi!8 provided t)y Aqency under this Agreement to the City within rive <,> wor~1nq days ot the a1.con~1nuanoé of neqotiat1on efforts. 2. ....was .Qit.y Shall PdY all cu. L. al.o~iat.d w1t& NtJ ~ ¡ obtainiftf th6 title r.ports ;line ~~e ~ppro".Ci x.A.I- appraisal-. 'Ph. costs af. ti +--1 e rapoM-.e. iILpp:raiøal and. all other c:;osts - ..1nvøl-:ed iJ\ t.h6 beqotia.tioß and potential acl.ju.llSl~iQn shall m;¡t-- rexaeed $'" 3. Aqency agrees to comply with all Federal, state and local requirements and specifically to comply with any applicable provisions of the Interlocal Aqr*emant betwaan the city and King County. Aqanay i. awars tha~ a 8uhAt.n~ial portion of th~ funåø to he u~ilized to aoquiro ~o propertiaa oovared by this AqreiDen~ are pa~ of the 1989 Kinq County op4ian Space Bonet issua . A copy of tha InttarlQ(;:al AciJroamant between Ring County and the city i. ..~~ach.d hereto, identifieèl as Exhibit 1 and hereby incorporated in full by ~hi. ref.rance. 4. The city Manaqer ot the City .hall be the JDWOO810X - 2 - 8 8 ad~inis~ra~or at taiS Agreement. 5. This Agr.ement cont.ainø the .nt.1~e aqre.ant between the partie. hereto, anc1 no Oth8~ aqreem.nt.1!I , o~al or otherwise, reqard1nq the subject ma~t.r at this Aqr.emen~ eball be deaed to exist or to bind any ot the parties hereto. This l. I'~ C..¡.~ s1., I( LJ /1 e ( ,- qy C Yj't!:#fJO 6'( II ~ 1ft 'f~"er a..5JO(;.. ft." ¡.;.'fL fli!. ,1 !,I'fl'tr-fy """'1'/ {/i:.r ~('~e...,e.,l. e~e",se..s J',{r¡(( ,-., ct'-ttlc.. J ~ L.6 / 0111 n" ..c. c:;'¡Ø','I',..t; ,'Ç- G (. J. 1/ / J T/ TI<. Se Q,rcJ/t:.s f.'¡'~ . (Ie ' / / ' ~ /l¡fÞre",ce .J'4,..V.eI'.T ~.1 ; 1" c,n-.J' ¿( I Lf¡ I ) I;, J/~ . Q,t (.¡ I dO t:r CÞJ/-.r ,'111'0/,..£0/ llr~ n f{'I.e, I.ò... (/lid . /.. I' , itlc I- /.. .I c¡ ~p<1'S °,"" I ¿ e:,:.<1 /'f/:"/";~/~ due- c.<-Is õÜf ,fir C: It. / IV,. p,. f vr,..J;A ~/,J"""..,çl, I fie- ¡'l1ce.-rrt:-o! "<:/<-(;-s,,"..,, 7ÃeJt! /""..,; I~,( 1-.. -------- - -- ---v------ -------------_u_",--.----- -- -....------------ - -------------...------------------------- ---,---_u____m____-.. ---------'----------r----.--,. ---"--'---------_--r-_~ aft.ar the date Of mailinq. . 7. It is the &~atec1 intent of the ci~y and~. Aqenoy ~a~ upon the City acqu1r1nq these properties ~ho~ an additional int.orlooal åcp'aamant. will bá Qnterec1 into between the partiee JDWOO910X - 3 - . ,-....-. ..---. -._-,"""-- 8 8 which will p.rmit. the Aq.nay to manage 'the propertielil and make them available tot' public use 1n çonjunctian with. adjacent property already owned by the state and operatec:t by the Aqenoy within the limitations and in compliance with intent Of the use of the properties as contemplatecS by EXhll11t ¡fl.. ¡:J. DATED this day at April, 1990. CITY or FEDERAL WAY Oi~y Manager, J. Brent MoFall Attest/Authenticated: city clerk, WASHINGTON STATE PA11æ AND RECREATION COMMISSION BYz Titls: JDWOO810X - 4 - 8 DEPARTMENT OF INFORMATION SERVICES AGREEMENT FOR CONSULTING SERVICES 8 RECEIVED CONTRACT NUMBER 9/ ðrH ¿JJ}V2 6 1990 GIrt OF FEDERAL WAY THIS AGREEMENT is made and entered into this dO day of II.:., I L , 19 7';J , by and between the Department of Information Services (DIS), located a:~ 1110 Jefferson Street, °Jympia. Washington 98504 MS: PC-ii, hereafter called the wDISw and C:- 1- \-: \".: +- &d f2t?n f c...::;c.:.~ . , hereinafter called the wCustomer,w 1. TERM OF AGREÐÆNT This Agreement shall become effective on the date of its acceptance by the Customer and shall remain In full force and effect until terminated by either party in accordance with provision number two. 2. TERMINATION ELECTIVE TERMINATION PROVISIONS - Either party may terminate this agreement or any work pursuant to a Customer Statement of Work attached hereto, upon 30 days written notice to the other party. The Customer may terminate this agreement or any work pursuant to a Customer Statement of Work in accordance with provision number ten. . TERMINATION FOR CAUSE - If through any cause, either party shall fail to fulfill in a timely and proper manner its performance obligations under this Agreement, or if either party shall violate any of the terms, conditions, covenants, and performance requirements made herein, then the aggrieved party shall give the other party written notice of. such failure or violation, which either shall be corrected within fifteen 15 days, or whereupon this Agreement may be terminated immediately by written notice from the aggrieved party. 3. CONFIDENTIAUTY All material furnished by the Customer to the DIS pursuant to this Consulting Agreement shall not be disclosed to third-parties except with the written consent of the Customer, and consistent with the provisions of RCW 42.17.260. 4. LIMITATION OF LIABILITY LIABILITY TO THIRD PARTIES - Each party agrees that in the event the State is found liable for damages to third parties as a result of performance of this Agreement, each of the contracting parties shall be financially responsible for that portion of the damages attributable to its acts and Its responsibilities under this Agreement. - The performance of consulting services by DIS shall conform to the terms of this Agreement, and the Customer Statements of Worle: attached hereto. Failure by the Customer to give written notice of non-conforming services within 30 days after performance of such services shall constitute final acceptance thereof. The DIS shall not be liable in any manner for any non- conforming services which are caused in whole or in part by inaccurate or inadequate information provided by the Customer. Page .-L of ~ 1110: S. Jeffer80n Mall Stop PC-11 Olympia, WI. 98504 Phone 58&.4817 8 8 5. TAXES The amounts payable for consulting services under this Agreement do not include any amounts for tax.s. If such taxes are required at any time, they will be added to amounts payable pursuant to this Agreement 6. DISPUTES Questions of fact arising from this Agreement, which cannot be resolved between the DIS and Customer, shall be referred to the Chairperson, Information Services Board, Department of Information Services, who shall reduce a decision to writing and mail or otherwise furnish a copy thereof to the parties. A decision of the Chairperson shall be final and conclusive unle'ss, within 30 days from date of receipt of such decision, the party or parties mail or otherwise furnish a written appeal to the Chairperson, Information Services Board. If any member of the Information Services Board is a party to the dispute, such member shall be disqualified from hearing or deciding the dispute. The decision of the Chairperson, Information Services Board, or their duly authorized representative, shall be final and conclusive. In connection with any appeal proceeding under this provision, the parties shall be afforded an opportunity to be heard and to offer evidence in support of the appeal. Pending final decision of a dispute hereunder, the parties shall proceed diligently with the performance of this Agreement. 7. ACCESS TO PUBUC RECORDS No public record of the Customer shall be made available for public inspection or copying by the DIS without the express written authorization of the Customer. Requests for inspection or copying of public records of the Customer, held or maintained by the OIS, shall be referred to the Customer for determination as to the right of public access to such records. pursuant to RCW 42.17. Costs incurred by the DIS in providing access to or copies or public records of the Customer pursuant to RCW 42.17 shall be paid by the Customer. 8. CUSTOMER STATEMENT OF WORK The Customer Statement(s) of Work shall be attached to this Agreement and will define the consulting work and deliverables to be undertaken by the DIS. 9. DELNERABlES Deliverables and the scope of effort will be specified on the attached Customer Statement(s) of Work. 10. CHARGES FOR CONSULTING SERVICES Charges for consulting services rendered by the DIS shall be $ L/ 7. (.)0 per hour plus the cost of all materials related to providing the consulting services as described on the attached Customer Statement(s) of Work. The OIS will provide, upon Customer request, an estimate cost of the consulting to be undertaken. The estimate is not guaranteed in any way or to any extent. The DIS will, however, notify the Customer as soon as practical if the estimated total will be exceeded, and the Customer may then terminate the service, paying only for effort expended to that time. Charges will be paid by the Customer when the services are rendered whether or not the scope of effort Is completed within the estimate. . Page --:2 of ~ 8 8 11. PAYMENT The DIS shall furnish to the Customer a monthly invoice detailing charges for consulting serviC88 rendered by the DIS during the preceding month. Payment shall be due upon receipt of the invoice by the Customer and in default 30 days thereafter. A late. payment charge will be applied agáinst any remaining unpaid balance GOdavs after date of the invoice. The late payment charge. if any. will be imposed on the remaining unpaid balance at the periodic rate of one percent per month. 12. GENER.AJ.. If a breach of a provision is set aside (waived) for a particular transaction or occurrence. it does not mean that the same breach will be waived for a subsequent similar transaction or occurrence. If any term or condition of this Agreement or application thereof to any person or circumstance is held invalid. such invalidity shall not affect any other terms. conditions or applications. All notices and communications which may be required about this Agreement shall be in- writing and sent. if to the 015. to; The Department of Information Services. Contracts Office, 1110 Jefferson Street. MS: PC-11, Olympia, Washington 98504. - And if to the Customer. to; L~r<:~ ,If;;::. ~ c;jf /'1,. 'r .. F/:'~dl ~,-/ ~,.1". 1~t?'~ The parties acknowledge that they have read and understand this Agreement and do agree thereto in every particular. The parties further agree that this Agreement constitutes the entire agreement between the parties and supercedes all other communications. written and oral. related to the subject matter of this Agreement.' " I rI1 This Agreement may be modified or amended by the utual written consent of both parties~ UW' J \ 4f1~ C'O/- ~..--/~,- TITLE ~ DATE ~ht?,/ft7 DEP 1/7-117) t DATE Page ~ of ~ Approved .,s to Form Only KENNETH O. EIKENBERRY Attorney General BY~~ Assistant Attorney General .. -8 --8 STATEMENT OF WORK AGREEMENT BE1WEEN STATE OF WASHINGTON DEPARTMENT OF INF.ORMATION SERVICES TELECOMMUNICATIONS SERVICES DIVISION AND . THE CITY OF FEDERAL WAY THIS STATEMENT OF WORK identifies consulting services to be performed for the City of Federal Way. 1. DESCRIPTION OF WORK TO BE PERFORMED: The Department of Information ServicesfTelecommunications Services Division (DISrrSD) will provide assistance to the City of Federal Way (City) with the evaluation of RFP solicited proposals for the procurement of a PBX telecommunications system. The DISrrSD consultant" will be part of the evaluation team established by the City. As part of that evaluation team the consultant will: a. b. c. review vendor's proposals. score proposals using criteria established by the City. assist with final tally of proposal scores. 2. PERIOD OF PERFORMANCE: This contract will begin on July 20, 1990 and continue until all vendor's proposals have been scored and tallied. This contract does not include - assistance with vendor protests, should protests occur during or after the acquisition process. ' . 3. COSTS: DlsrrSD fees for consulting services are $47.00 per hour. This contract is not to exceed 20 total hours including travel to and from Federal Way. 4. AMENDMENTS: Amendments to this statement of work shall be mutually agreed in writing. All such amendments shall take precedence over the terms/conditions in this' statement of work to which the amendment relates.