AG 90-054 - WA STATE PARKS/RECREATION COMMISSION
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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.
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H@pe this helps clarify the situation.
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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.
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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
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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
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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
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("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:
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EXHIBIT -Æ. .
Article II.
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DEFINITIONS.
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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
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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
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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.
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2.15.
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Taxable Bonds.
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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
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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
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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
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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.
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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
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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
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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
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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,
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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.
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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
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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
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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
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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
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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
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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
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. ,-....-. ..---.
-._-,"""--
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
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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
..
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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.