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HomeMy WebLinkAboutCOW 2008-10-27 Item 4A - Agreement - Duwamish Riverbend Hill with Cascade Land Conservancy for $30,000 ss .r11LA, COUNCIL AGENDA SYNOPSIS s 'S, 5 Initials II No. O 5 r�1 l o rlleetinn Date 1 Prepared by 1 Mayor's review 1 Council review 1 10/27/08 BF 1 ,/4.t2- 11,1s4 11/03/08 BF 1 l 1 1 1--1. ITEM INFORMATION CAS NUMBER: 08-129 I ORIGIN_1L AGENDA DATE: OCTOBER 27, 2008 Act ?ND: ITENI TITLE Contract with Cascade Land Conservancy (CLC) CATI.:GORY Discussion Motion Resolution Ordinance n Bid Award Public Hearing Other Altg Date 10/27/08 Altg Date 11/3/08 Altg Date Altg Date Altg Dat, Altg Date Altg Date 1 Sl'c )NSC )R Council Mayor Adra Sves DCD Finance Fire Legal P&R Police PIY/ SPONSOR'S The Parks and Recreation Department is seeking approval to enter into a contract with the SUMMARY Cascade Land Conservancy to continue efforts to move forward with the development of the Duwamish Riverbend Hill project. It is proposed to enter into agreement with CLC to provide city support with project management, volunteer management, steering committee leadership, fundraising and Tribal coordination. Council is being asked to authorize the Mayor to sign the contract. RI l l ,\X'I M BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte U Arts Comm. Parks Comm. 1 1 Planning Comm. DALE: 10/13/08 RECOMMENDATIONS: SPONSOR /ADMIN. Approval of contract COMMITTEE Unanimous approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE ExP1',N D ITURE RliQ U IRED AMOUNT BUDGETED APPROPRIATION REQUIRED $30,000 $30,000 Fund Source: 301 FUND, PAGE 8 IN 2008 CIP Comments: Funding will come from the extended land lease collected from Sound Transit, MTG. DATE RECORD OF COUNCIL ACTION 1 11/3/08 MTG. DATE I ATTACHMENTS 10/27/08 Informational memorandum dated 10/8/08 Contract with Cascade Land Conservancy, including exhibits Minutes from the Community Affairs and Parks Committee of 10/13/08 ILA, 1 1 G21 it of Tukwila 1 e 1 .1.1 6200 Southcenter Boulevard Tukwila, Washington 98188 l ��f rte' gt Jim Haggerton, Mayor c 1908 MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Bruce Fletcher, Director of Parks and Recreation DATE: October 8, 2008 SUBJECT: Cascade Land Conservancy Contract The City has benefited in our long partnership with the Cascade Land Conservancy (CLC) with the preservation project at Duwamish Riverbend Hill. We have teamed up with CLC and the Friends of the Hill group to raise the funds needed for the acquisition of the property and to develop phase I. The next phase of development will require project management by CLC in a collaboration effort with the Parks and Recreation Department. In order to do this in an efficient and professional manner, it is proposed to enter into an agreement with CLC to provide city support with project management, volunteer management, steering committee leadership, fundraising and work with the Tribal coordination. This agreement for services scope will not exceed $30,000. The funding will come from the extended land lease collected from Sound Transit. It is the recommendation of the Parks and Recreation Director to approve the contract with the Cascade Land Conservancy in the amount not to exceed $30,000. CC. Rhonda Berry, City Administrator Rick Still, Deputy Director of Parks and Recreation Phone: 206- 433 -1800 City Hall Fax: 206 433 -1833 www.ci.tukwila.wa.us Contract No. CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non charter optional municipal code city hereinafter referred to as "the City and CASCADE LAND CONSERVANCY, hereinafter referred to as "the Contractor whose principal office is located at 615 2 Ave. Suite 625, Seattle. WA 98104. WHEREAS, the City has deteiniined the need to have certain services perfoinied for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain teinis and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scone and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In perfoiming such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the perfoiniance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $30,000. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing October 1, 2008 and ending Sentember 30. 2009 unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attomey's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in perfoiniing the work required by this Agreement. With respect to the perfoiniance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold halniless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold haiiiiless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 7. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the perfoimance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 8. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 9. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to teiniinate this Agreement immediately. 10. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 11. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 12. Entire Agreement. 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 bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 13. Notices. Notices to the City of Tukwila shall be sent to the following address: City of Tukwila, City Clerk 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 14. Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of 20 CITY OF TUKWILA CONTRACTOR: By: By: Jim Haggerton, Mayor Title: ATTEST/AUTHENTICATED: Printed Name: Christy O'Flaherty, City Clerk Address: APPROVED AS TO FORM: Office of the City Attorney Date approved by City Council: By: (Applicable if contract amount is over 525,000) Exhibit A: Scope of Services Implementation of Master Plan Phase I Site Development: Maintain contract with landscape architect for design development, construction drawings, permit process, and construction administration Secure and maintain contracts with all sub contractors for the trail work, infrastructure (i.e. view points, guardrails, gathering areas, temporary parking area, kiosks, etc), and landscaping Participate in planning process and discussions, and provide on -site supervision during construction Project Coordination: Steering Committee Organize and lead steering committee (made up of community, City and CLC representatives) meetings as needed to update management team on progress and to seek assistance Volunteer Management Recruit volunteers and facilitate volunteer events (at least quarterly) to remove invasives, plant natives, and conduct educational activities Work closely with Friends of the Hill to maintain community engagement in project (i.e. attend Friends meetings as scheduled, collaboratively organize events such as the Centennial event in June 2009) Tribal Coordination Present to Duwamish Tribal Services and Muckleshoot Cultural Committee to update on progress and receive feedback Communication with City Meet with City of Tukwila representatives as invited or scheduled, including representatives from the Parks Commission and the Tukwila City Council Fundraising: Continue to research funding opportunities for Phase I implementation, as well as Phases II and III Assist and support cultural consultant with submission and presentation of grant applications Manage grants given to CLC Timely grant reports Budget creation and management Invoicing Provide copies of Master Plan as needed for grant applications and presentations Education: Assist in creation of educational materials for the kiosks and signage on site Work with local teachers and school district to develop educational program for the Hill Support efforts to create a summer educational program on the Hill Assist cultural consultant in development of cultural interpretation plan Additional Work: Upon written approval of the Tukwila Parks Director, CLC will provide additional services beyond the scope of work identified in this exhibit Exhibit B: Rate Schedule CLC's services will be billed at the following rates: VP Stewardship 1 30/hour Land Stewardship Director $1 10/hour Lands Coordinator $90 /hour Project Associate $75 /hour Materials, supplies, equipment and incidentals necessary to complete the scope of services will be billed as actual costs. -gs'/, City of Tukwila ,�s.� Community Affairs and Parks Committee 19 COMMUNITY AFFAIRS AND PARKS COMIVIITTEE Meeting Minutes October 13, 2008, 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: Joan Hernandez, Chair; Verna Griffin and De'Sean Quinn Staff: Rick Still, Robert Eaton, Rhonda Berry and Kimberly Matej CALL TO ORDER: Chair Hernandez called the meeting to order at 5:00 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Contract with Cascade Land Conservancy Staff is seeking full Council approval to enter into a contract for services with Cascade Land Conservancy in amount not to exceed $30,000. This contract will provide support with project and volunteer management, steering committee leadership, fundraising and work with Tribal coordination in relation to the development of Duwamish Riverbend Hill. Staff distributed an updated copy of the contract for services. One change was made to Section 9. Termination. Originally this section stated that the contract could be terminated by the City. The change reflects that the contract can be terminate by either the City or Cascade land Conservancy. There is no budget impact as monies collected from the Sound Transit lease agreement will fund the contract (leased area of the park for temporary Sound transit staging). UNANIMOUS APPROVAL. FORWARD TO OCTOBER 27 COW FOR DISCUSSION. B. Tukwila Spray Park Final Acceptance and Proiect Closeout Staff is seeking Council approval for formal acceptance and project closeout of the Tukwila Spray Park. There was one change order in the amount of $6,528; however, the project still remained within budget. Committee members were complimentary of staff's work on the project and expressed the community's interest in the new park. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 20 CONSENT AGENDA. III. MISCELLANEOUS Meeting adjourned at 5:10 p.m. Next meeting: Monday, October 27, 2008 5:00 p.m. Conference Room #3 Committee Chair Approval Minutes by KAM.