AG 20-032 - KING COUNTY RETURN TO: �` 7-3 EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
ORIGINATING DEPT./DIV:
ORIGINATING STAFF PERSON: EXT: 3. DATE REQ. BY:
TYPE OF DOCUMENT(CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT(E.G,RFB,RFP,RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT(AG#): 99 ITERLOCAL
❑ OTHER
PROJECT NAME: ,
NAME OF CONTRACTOR: _Yn i,r-�/ .47�•�-T`-
ADDRESS: TELEPHONE
E-MAIL: FAX:
SIGNATURE NAME; TITLE
EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
TERM: COMMENCEMENT DATE: COMPLETION DATE: 1�I �! / S
TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX,IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE:❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑YES ❑NO IF YES,$ PAID BY.❑CONTRACTOR❑CITY
RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDE
❑ PURCHASING: PLEASE CHARGE TO:
0. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE A.RP94} P
❑ PROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW ISR g NOV 2014 ?11 JQ •tot f9 P.. ZQ
1. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED CON IITTEE DATE: �� Z� CONMETTEE APPROVAL DATE - `
SCHEDULED COUNCIL DATE: Z COUNCIL APPROVAL DATE: L!
2. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE
(Include dept.support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.)
INITIAL/DATE SIGNED
❑ LAW DEPARTMENT
❑ SIGNATORY(MAYOR OR DIRECTOR)
❑ CITY CLERK
❑ ASSIGNED AG# A - [�
❑ SIGNED COPY RETURNED DATE SENT: a V"
,OMMENTS:
inmR
PARKS PROPERTY TAX LEVY AGREEMENT
between, y ll
KING COUNTY & (CITY) PwCk-K,, J Wgq
This Parks Property Tax Levy Agreement (the "Agreement") is made and entered into as of this
2_w4 day of JAAjy ,2020,by and between KING COUNTY,a 0litical subdivision of the
state of Washington (the "County") and the City of ScC P-x' Wc- a State of
Washington municipal corporation("CITY").
RECITALS
A. The County owns and operates a park system with over twenty-eight thousand(28,000) acres
of regional parks and open spaces, over one-hundred-seventy-five (175) miles of regional
trails, and two-hundred-fifteen (215) miles of backcountry trails. In addition, the County is
the provider of local parks in the rural area and is the transitional provider of local parks in the
urban incorporated areas.
B. Since 2003, on recommendation of the Metropolitan Parks Task Force and direction from the
County Executive and County Council, the County's Parks and Recreation Division has
focused on managing a system of regional parks, open spaces and trails and a limited set of
regional active recreation assets. Consistent with its role as a regional and local rural service
provider under Countywide Planning Policies and the State Growth Management Act, the
County has divested itself of local parks and facilities in urban unincorporated areas as these
areas incorporate or annex to cities.
C. On April 17, 2019, the King County Council adopted Ordinance 18890 which called for a
special election in accordance with RCW 29A.04.321 to authorize a property tax levy in excess
of the levy limitation contained in 84.55 RCW for a period of six (6)years for specified park
purposes.
D. On August 6,2019,King County voters approved Proposition No. 1 Parks Levy that authorized
an additional six year property tax levy at a rate of$0.1832 in the first year, with subsequent
levies adjusted by inflation for the purpose of: maintaining and operating King County's open
space system;improving parks,recreation,access,and mobility in the King County open space
system by acquiring lands and continuing to develop regional trails;improving parks and trails
in and acquiring lands by metropolitan parks districts, towns, and cities in King County;
funding environmental education, maintenance, and conservation programs at the Woodland
Park Zoo; finding capital construction at the Seattle Aquarium; and funding for capital
improvements at publicly owned pools, for all King County residents.
NOW, THEREFORE, in consideration of the mutual promises and undertakings hereinafter set
forth and for other good and valuable consideration,the receipt and sufficiency of which are hereby
acknowledged,the parties hereby agree as follows:
King County Parks Property Tax Levy
2020-2025 Agreement
AGREEMENT
1. Definitions. As used in this Agreement, the following terms shall have the following
meanings:
A. "Annual Report"shall mean the annual report prepared by the CITY and provided to the
County annually by May 31St beginning in 2021 setting forth a summary of CITY Projects
for the preceding year, along with a complete financial accounting for the use of the
CITY'S Share,and a listing of all capital investments made at the CITY funded in whole
or in part by County Levy Proceeds, and for the 2020 annual report the CITY shall
identify the dollar amount of the CITY's Existing Funds.
B. "CITY" shall mean the City of P Wal W , State of Washington,
and all of its boards, commissions, departments, agniCies and other subdivisions.
C. "CITY Parks System" shall mean any building or other structure related to parks or
recreation, parks, trails, open space, such as natural areas and resource or ecological
lands and other parks or recreation property owned or otherwise under the jurisdiction of
the CITY.
D. "City Proceeds" shall mean eight percent (8%) of the total County Levy Proceeds
collected by King County, net the amounts specified and allocated in Ordinance 18890
Sections 4A-D, and any interest earnings on these funds.
E. "CITY Projects" shall mean CITY Parks System operations and capital improvement
projects consistent with Ordinance 18890.
F. "CITY'S Share" shall mean the CITY's proportionate share of the City Proceeds as
authorized by Ordinance 18890, subject to County Council appropriation.
G. "County" shall mean King County, State of Washington, and all of its boards,
commissions, departments, agencies and other subdivisions.
H. "County Council"shall mean the County Council of King County, State of Washington.
1. "County Levy" means the annual King County property tax levy for park purposes
imposed by the King County Council and authorized by Proposition No. 1 Parks Levy
that was approved by the County voters on August 6, 2019 and replaced a levy expiring
at the end of 2019.
J. "County Levy Proceeds" shall mean the principal amount of the County Levy collected
by the County.
K. "Executive" shall mean the King County Executive or his or her functional successor.
L. "Existing funds" shall have the meaning, as defined by RCW 84.55.050.
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King County Parks Property Tax Levy
2020-2025 Agreement
2. Term of Agreement. The term of this Agreement (the "Term") shall be for a period
commencing upon signature by both parties (the "Commencement Date"), and expiring on
December 31, 2025 (the"Termination Date").
3. Receipt of County Levy Proceeds.
A. General Distribution.Each year the County shall distribute the CITY's Share to the CITY
as authorized by Ordinance 18890, subject to County Council appropriation.
B. Receipt and Distributiop of Levy Proceeds.
1. Payment Schedule. Beginning in 2020 and through 2025, the County shall transfer
the CITY's Share to the CITY on a semi-annual basis, generally in the months of
May and November. The annual amounts transferred shall never exceed the CITY's
proportionate share of the CITY Proceeds actually collected and appropriated by
King County.
2. Administrative Fee. The Parties agree that the County has authority to deduct a
portion from City Proceeds for eligible expenditures related to the administration of
the distribution of County Levy Proceeds, consistent with Ordinance 18890.
4. Use of County Levy Proceeds. The CITY shall only use the transferred CITY'S Share for
its CITY Projects. On or before May 31" of each year throughout the Term of this
Agreement,the CITY shall provide the County with a copy of the Annual Report and provide
any further documentation showing that the CITY'S Share was expended on CITY Projects.
The CITY shall maintain financial records to account separately for the CITY'S Share.
5. Representations and Warranties. The CITY represents and warrants that all of the CITY'S
Share received by the CITY shall be used only for specific CITY Projects as defined in this
Agreement and that such funds shall not be used to supplant Existing Funds. The CITY
represents and warrants that all CITY Projects shall be consistent with the requirements in
King County Ordinance 18890. The CITY represents and warrants that in addition to the
CITY'S Share, the CITY shall annually expend on CITY Projects an amount equal to the
CITY's Existing Funds.
6. Title to Improvements. All appurtenances,fixtures,improvements,equipment,additions and
other property attached to or installed in the CITY Park System during the Term shall be and
remain the properties of CITY and shall not be deemed property of the County under any
circumstances.
7. Notices. All notices required to be given hereunder shall be in writing and either delivered
personally or sent by certified mail to the appropriate address listed below, or at such other
address as shall be provided by written notice. Notice shall be deemed communicated upon
actual receipt. For convenience of the parties, copies of notices may also be given be other
means;however,neither party may give official or binding notice except by personal delivery
or by certified mail.
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King County Parks Property Tax Levy
2020-2025 Agreement
If to the CITY: t" �y
CITY's Contact and Title: ��`►Y1 l l' l t"[` ' SDl r 1�
City Name: Fes- rm a
Mailing Address 1:
Mailing Address2: i
City, State, Zip Code: FeOo�(8l 93" .wi .C.�'WD3 ` (o521�5-
If to King County:
Warren Jimenez, Division Director
King County Parks and Recreation Division
Department of Natural Resources and Parks
201 South Jackson Street
Mailstop: KSC-NR-0700
Seattle, WA 98104
8. Compliance.with Laws. The CITY shall comply and conform with all applicable laws and
all governmental regulations, rules, and orders.
9. CITY Agreement to Comply with Audit Findingor r Repay. The CITY agrees that it is
financially responsible for the lawful use of the levy funds distributed under this contract.
The CITY agrees that if the State Auditor makes an audit finding that the levy funds have
not been spent properly, the CITY shall comply with the State Auditor's audit finding and
correct any improper expenditure or,at the sole discretion of the County,repay any indicated
amounts to the County. This duty to comply with the audit finding or repay shall not be
diminished or extinguished by the prior termination of this Agreement and shall survive the
termination of this Agreement.
10. Miscellaneous.
A. Liability of the County. The County's obligations to the CITY under this Agreement
shall be limited to the terms and conditions set forth herein. Notwithstanding any other
provision in this Agreement to the contrary, in no event shall the County be liable,
regardless of whether any claim is based on contract or tort, for any special,
consequential, indirect or incidental damages, including without limitation lost profits;
arising out of or in connection with this Agreement or the services performed in
connection with this Agreement.
B. Dispute Resolution. In the event of a dispute between the CITY and the County regarding
any term of this Agreement, the parties shall attempt to resolve the matter informally
through the following mechanism: the CITY(reps.)or their respective designee(s), shall
meet with County (reps) or their respective designee(s) to review and discuss the
matter(s) in dispute; if the CITY (representatives) and County (representatives) are
unable to reach a mutual resolution, the Executive and the mayor, or their respective
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King County Parks Property Tax Levy
2020-2025 Agreement
designee(s) shall meet to review and discuss the matter(s) in dispute. If such persons are
unable to resolve the matter informally, either parry may submit the matter to a non-
binding, structured mediation procedure fashioned by persons or organizations
experienced in alternative dispute resolution ("ADR") procedures. The mediation may
be requested by any party and shall be initiated within thirty (30) days from the date of
the request unless extended by agreement of both parties. The alternative dispute
resolution procedures utilized for the mediation shall include the exchange of written
claims and responses, with supporting information, at least seven (7) days prior to the
actual mediation. The positions expressed and mediator's recommendations shall not be
admissible as evidence in any subsequent ADR or legal proceeding. If the matter is
submitted to mediation and the matter is not resolved, an affected party shall be entitled
to pursue any legal remedy available. Any disputes involving the lawful expenditure of
levy proceeds shall be resolved by King County Superior Court if the parties cannot
agree.
C. No Irn lied Waiver. No failure by either party hereto to insist upon the strict performance
of any obligation of the other party under this Agreement or to exercise any right,power
or remedy arising out of a breach thereof, irrespective of the length of time for which
such failure continues (except in cases where this Agreement expressly limits the time
for exercising rights or remedies arising out of a breach),shall constitute a waiver of such
breach or of that party's right to demand strict compliance such term, covenant or
condition or operate as a surrender of this Agreement. No waiver of any default or the
performance of any provision hereof shall affect any other default or performance, or
cover any other period of time, other than the default, performance or period of time
specified in such express waiver. One or more written waivers of a default or the
performarice of any provision hereof shall not be deemed to be a waiver of a subsequent
default or performance. The consent of either party hereto given in any instance under
the terms of this Agreement shall not relieve the other party of any obligation to secure
the consent of the other party in any other or future instance under the terms of this
Agreement.
D. Headings and Subheadin ss. The captions preceding the articles and sections of this
Agreement and in the table of contents have been inserted for convenience of reference
and such captions in no way define or limit the scope or intent of any provision of this
Agreement.
E. Successors and Assigns. The terms, covenants, and conditions contained in this
Agreement shall bind and inure to the benefit of the County and the CITY and,except as
otherwise provided herein, their personal representatives and successors and assigns.
There are no third party beneficiaries to this Agreement.
F. A Bement made in Washin on. This Agreement shall be deemed to be made in and
shall be construed in accordance with the laws of the State of Washington. Venue of any
action brought by one party against the other to enforce or arising out of this Agreement
shall be in King County Superior Court.
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King County Parks Property Tax Levy
2020-2025 Agreement
G. Integrated Agreement; Modification. This Agreement contains all the agreements of the
parties hereto relating to the subject matter addressed herein, and cannot be amended or
modified except by a written agreement approved by the King County Council and
mutually executed between each of the parties hereto.
H. Counterparts. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which taken together shall constitute one
and the same instrument.
I. Time of Essence. Time is of the essence of each provision of this Agreement.
J. SIpnag_e. For each capital project funded with County Levy Proceeds, the CITY shall
provide a sign including the following language: This project was funded (or as
applicable, funded in part) with proceeds from the Proposition No. 1 Parks Levy
approved by King County voters in August 2019 under an Agreement with King
County Parks and Recreation Division.
K. Reporting. As set forth in King County Council Motion 15378,section C,for each capital
project funded with County Levy Proceeds, the CITY shall report to King County Parks
and the King County Council major milestones, such as groundbreakings and opening
dates, thirty(30) days prior to such milestone. The CITY shall mail or deliver reports to
both King County Parks and the current King County Council councilmembers at:
Warren Jimenez,Division Director
King County Parks and Recreation Division
Department of Natural Resources and Parks
201 South Jackson Street
Mailstop: KSC-NR-0700
Seattle,WA 98104
Councilmembers: (please list all 9 councilmembers)
In care of King County Council Clerk
516 3rd Avenue
Seattle,WA 98104
[ SIGNATURE PAGE FOLLOWS ]
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King County Parks Property Tax Levy
2020-2025 Agreement
DATED this • '4day of , 2020.
KING COUNTY, a Washington municipal CITY OF , a
corporation Washington municipal corporation
By By
Its •c Its
By authority of Ordinance No. 18890
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