The URL can be used to link to this page

Home My WebLink AboutPW08-115 - Amendment - R - King County - Conservation Futures: OpenSpace Acquision Projects - 05/17/2019 KENT Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. Vendor Name: King County Vendor Number (]DE): Contract Number (City Clerk): A-(or-,;L01' 0� Category: _Interlocal Agreement Sub-Category (if applicable): Amendment Project Name: Amendment R to King County Conservation Futures ILA Contract Execution Date: April 2019 Termination Date: N/A Lynn Osborn/BH Parks Contract Manager: Department: None Contract Amount: Budgeted: ❑ Grant? Part of NEW Budget: Local: ❑ State: ✓❑ Federal: Related to a New Position: Basis for Selection of Contractor? Other Approval Authority: Director Mayor F✓ City Council Other Details: Amendment R to the Conservation Futures Fund streamlining the _ funding award process by reducing duplication of county and city council approvals. AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND KENT FOR OPEN SPACE ACQUISITION PROJECTS Preamble THIS AMENDMENT is entered into between the CITY OF KENT and KING COUNTY, and amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement entered into between the parties on the 29th day of January, 1991, as previously amended. The parties mutually desire to amend the terms and conditions of the Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree to amend the Agreement as follows: Amendment 1: Article VIII. Other Provisions The text in Section 8.2 is deleted in its entirety and replaced with the following: The parties reserve the right to amend or modify this agreement. Amendments or modifications to disburse funds approved by the County Council must be by written instrument signed by the parties. Other amendments also must be approved by the respective City and County Councils. Amendment 2: Article VI1. Responsibilities of County The first two sentences of this article are deleted and replaced with the following: Subject to the terms of this agreement, the County will provide Conservation Futures Levy proceeds in the amounts and for the projects shown in Attachment A to this agreement and as well as in those amounts and for those projects shown in subsequent amendments to this agreement. The City may request additional funds; however, the County has no obligation to provide funds to the City for the Projects in excess of the total amounts shown in Attachment A and any subsequent amendments. In all other respects, the terms, conditions, duties and obligations of both parties shall remain the same as agreed to in the Interlocal Cooperation Agreement as previously amended. This document shall be attached to the existing Interlocal Cooperation Agreement, and shall become Amendment R. Amendment R I CFT Interlocal Cooperation Agreement Between Kent and King County IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below: KING COUNTY KENT yDowon—sta—ntine ZQ kp hKin Executive Mayor p Date: � Mf Date: Approved as to form: Approved as to form: Q A I Av An r- Dan Satt erg King County Prosecuting Attorney l Amendment R 2 CFT Interlocal Cooperation Agreement Between Kent and King County a King County Water and Land Resources Division Department of Natural Resources and Parks King Street Center 201 South Jackson Street, Suite 600 Seattle, WA 98104-3855 206-477-4800 Fax 206-296-0192 M Relay: 711 June 18, 2019 Ms. Lynn Osborne 220 Fourth Avenue South Kent, WA 98032 Re: Kent Conservation Futures Interlocal Agreement—Amendment R Dear Lynn: Enclosed for your permanent records is an original signed Conservation Futures Interlocal Cooperation Agreement("ILA")Amendment"R,"which modifies Section 8.2 regarding amendments/modifications and Article VII regarding County responsibilities. King County has retained an original copy of this amendment. Instead of recording these documents as we have done in the past, we now are posting them to our website: go to www.kingcouty.gov/CFT, and see the sidebar labeled "CFT interlocal agreements" (full address: http://www.kingcogRty.gov/services/enviromnent/stewardship/conservation futures/cft-interlocal-agreements aspx) Please feel free to contact me with questions (Ingrid.Lundin(a kin county.gov or 206- 477-4578). Sincerely, Ingrid Lundin Conservation Futures Program Coordinator Enclosure I i I I 8.H • KENT WASHINGTON DATE: April 2, 2019 TO: Kent City Council SUBJECT: Amendment "R" to King County Conservation Futures Interlocal Agreement - Authorize MOTION: Authorize the Mayor to sign Amendment "R" to the City's Interlocal Agreement with King County for open space acquisition projects to allow administrative amendments when funds are awarded without the need for formal amendment by the legislative bodies of King County and the City of Kent, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: King County Conservation Futures Tax (CFT) Levy funds are allocated throughout King County as a dedicated portion of property taxes, for the acquisition of open space and natural resource lands. The Conservation Futures Citizens Committee makes funding recommendations to the King County Executive on an annual basis for funds to be disbursed to cities or other entities through new interlocal cooperation agreements or amendments to existing interlocal agreements. Under the current Section 8.2 of the Cities' Interlocal Agreement with King County, each time the King County Council approves a CFT levy award to a city, the county- city Interlocal Agreement must be amended to reflect that new award before the County can reimburse the City with CFT funds for acquisition project expenditures. This current process requires a timeframe of six-to-twelve months to secure both County Council and City Council approvals. To reduce duplication of Council review for both the County and the City, King County Council passed Ordinance 18827, authorizing Amendment "R" to the Interlocal Agreement. Amendment "R" revises Section 8.2 procedures such that county council and city council approval are no longer required solely to award allocated funds under future Interlocal Agreement amendments. All amendments or modifications to the existing Interlocal Agreement other than those which contractually allocate council-appropriated conservation futures monies, such as those required for application to receive such funds, shall continue to require both County and City Council review and approval by ordinance. King County Ordinance 18827 also makes a minor change to Article VII regarding how amendments are referenced in the Interlocal Agreement, negating the need to update this section in amendments for future awards. Packet Pg. 119 8.H If the City of Kent chooses not to approve the Section 8.2 amendment, then the existing Section 8.2 procedures will remain in place, requiring the standard timeframe of six-to-twelve months to secure both County Council and City Council approval of each future Interlocal Agreement amendment for CFT funding awards. This Amendment "R" to the Conservation Futures Interlocal Agreement has no impact on Section 3.70.240 of the Kent City Code, requiring Kent City Council to authorize acceptance of grant funds in excess of $65,000. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government, Sustainable Services ATTACHMENTS: 1. Amendment R to Interlocal Agreement(PDF) 2. 1991 Interlocal Agreement and Amendments A - Q (PDF) 03/21/19 Parks and Human Services Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 4/2/2019 7:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer Packet Pg. 120