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HomeMy WebLinkAboutCOW 2008-07-14 Item 4G - Grant Agreement - Riverton Creek Flap Gate Removal from WA State Recreation and Conservation Office & People for Puget Sound COUNCIL AGENDA SYNOPSIS s O ITEM NO. r X 11 i Meeting Date Prepared b Mayor's review 1 Council review I w +��i' I 7/14/08 Alm ..�rr 7/21/08 1 RLAarit IQ ITEM INFORMATION CAS NUMBER: 08-089 I ORIGIi IAL AGENDA DA 1'E: JULY 14, 2008 AGENDA I1'EM TITLE Accept two grants from the State of Washington Recreation and Conservation Office and People for Puget Sound for the Riverton Creek Flap Gate Removal Project. CATEGORY Discussion Motion Resolution Ordinance BidAsvard Public Hearing Other Mt Date 7/14/08 tbltg Date 7/21/08 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date: SPONSOR Council Nlayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S Staff received notification of award of two grants for the Riverton Creek Flap Gate SUN MARY Removal Project. The State of Washington Recreation and Conservation Office (RCO) has approved a grant for $42,400.00 through the Salmon Recovery Funding Board and People for Puget Sound have agreed to provide $30,000.00 in funding. These two grants combined with the $50,000.00 City revenue budgeted will fund feasibility and design. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DAIB: 06/23/08 RECOMMENDATIONS: SPONSOR/ADMEN. Accept both grants. COI%BITI rEE Unanimous approval, forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 Fund Source: 301 Parks Recreation (Fish Habitat) (page 24, 2008 CIP) Comments: 1 MTG. DATE RECORD OF COUNCIL ACTION 1 07/14/08 07/21/08 MTG. DATE ATTACHMENTS 07/14/08 Information Memo dated June 16, 2008 Location Map and two photos Page 24, 2008 CIP State of WA Recreation and Conservation Office Grant Agreement People for Puget Sound Design Funding Contract CA& Parks Committee Meeting Minutes from June 23, 2008 07/21/08 INFORiMATION MEMO To: Mayor Haggerton From: Public Works Director Date: June 16, 2008 Subject: Riverton Creek Flan Gate Removal Project No. 98 -DRO3 Grant Acceptance ISSUE Authorize Mayor to sign grant agreements with the State of Washington Recreation and Conservation Office and People for Puget Sound. BACKGROUND Riverton Creek discharges into the Duwamish River through two culverts originally installed as part of construction of SR 599. Each of these pipes was fitted with a flap gate to prevent river water from flooding adjacent property. To improve fish access to Riverton Creek, the City has proposed a fish habitat project that will remove the pipes and flap gates to create an open water connection to the river. A small bridge or box culvert will need to be installed because of the pedestrian trail at this location. Staff requested grant submittal approval at the 9/5/07 Utility Committee Meeting. ACTION TAKEN Staff received a $42,400 grant through the Salmon Recovery Funding Board (SRFB) administered by the Sate of Washington Recreation and Conservation Office. In addition, People for Puget Sound contacted the City looking to fund a habitat restoration project in the Duwamish River Area. The Department of Ecology transferred Sound Transit construction related water quality fine money to the People for Puget Sound for distribution to habitat related projects. Staff presented this project to the People for Puget Sound and they agreed to provide $30,000 in funding. The two grants received combined with $50K City revenue budgeted for 2008 will fund feasibility and design work. This City contribution will also fulfill the local match required by the SRFB grant. Additional grant funding will be required for the construction phase. RECOMMENDATION Authorize Mayor to sign grant agreements with the State of Washington Recreation and Conservation Office and People for Puget Sound. attachments: Location Map Existing Condition Photo Example of Box Culvert RCO Grant Agreement People for Puget Sound Grant Agreement File: P\Projects\A- DRV8dr03\Info Memo Riverton Creek Grants t r 4-4:::::-4---_-i--. 7 :=1- -;7 1- i TV7- -2- -i rt ;--41 i 1- T X 4 1---"- J kit-- i 1 w r fe' g i g f i p i T r F f rg J �es�tr.� 7 a ,a -'ms`s' ;E �t`� 3 3 Vii >x Replace existing culverts with and open water s ue v f 1 r 1 connec wll provide for trail crossing. rr o T replant using natives. s 4". —7:-*,-----'--- *c is 3 a�- 7 `I i f t f I.,' t: F `r i3§iri-_!� F ate —r Itt x S:Y Y F a 1 K` mot 4 f.x? i .3! K 1 Photo Date: Ap ril 2005 N FOR CONCEPTUAL PURPOSES ONLY Riverton Creek w E 4 h This project involves the removal ofr 2a flap gatesngs. i creek channel restoration, and riparian planti s a Not to Scale x 303 Tukwila PAR anlArcGIS RIAProjedsURyanURivertorcreeldRiverton c.rk_flapgate_removal.mxd r t s -s 7_ j; r� LI 1, f r Fih rr 3 t 1 is n F fja r i 0 t a z k 3 e a 11''__t: 6 a e .1 1 _fi 4 r 1 1,1 y ;Al_ 7 1 r .f r #rte 4_-#7.7u..-_-- 'I t I rl? 0 riy€ i- z -:p�- '1'1'4- 1 1 1 _r -a Y- 4-� �x -1r _r ,ms 7 g 1 s s s si. 3 i i 1 t t ,r t as s t e` 1 9 i a f. 'S€ t -try a {i= t c am 1 a -c-4, -i -04 s a i z` y; 1 sF A� x x -z3, 3-- i ti b f. F _2 f if -mo s r` s '''4,--- �-hf` ae ---2..-;•_, zt r rt ��z ms 1 f -a' is i" 3e -p e ra s a te r „F. f.:. i..::, 3 7$ it s 4S7- i. 1 1 *iT s t r i i �4 5 1 3' S 2 Tom. x t L TTT± e O t� E 1 tl`9ri �c fii�"' 1 "g 4 1 S i i 3/ r i 1... '.$1 ;1 i 55 t t3 c r vros,_ a�i� b r. i 1 f -rz 3 S C :2Y +lA F dlw� g rive, �1 F 1 y_ .r 'A� ,41P k E 3 F 9 ."-x c 2 n o CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2008 to 2013 PROJECT: Riverton Creek Flap Gate Removal LINE ITEM: 301 00.594.760. .61 PROJECT NO. 98 -DRO3 DESCRIPTION: Remove two culverts and flapgates at Duwamish River; install pipe arch, create open channel confluence, install trail bridge over new channel, restore /revegetate 200 feet of creek channel and 450 feet of pond shoreline. JUSTIFICATION: Increase available salmonid rearing habitat and increase flood refuge in lower Duwamish River. Improve fish access to Riverton Creek and enhance rearing and resting area. STATUS: City applied for Salmon Recovery Funding Board grant in 2007. MAINT. IMPACT: Annual Maintenance could be $1,000 to $2,000 for vegetation and in- stream structures. COMMENT: Project name was formerly Riverton Side Channel. FINANCIAL Through Estimated (in $000's) 2006 2007 2008 2009 2010 2011 2012 2013 BEYOND TOTAL EXPENSES Engineering 100 100 85 285 Land(R/W) 0 Construction 500 240 740 TOTAL EXPENSES 0 0 100 600 0 0 0 0 325 1,025 FUND SOURCES Awarded Grant 0 Proposed Grant 50 500 192 742 Mitigation Actual 0 Mitigation Expected 0 City Oper. Revenue 0 0 50 100 0 0 0 0 133 283 TOTAL SOURCES 0 0 100 600 0 0 0 0 325 1,025 6 Project Location i 5 7, f 4ice /x/ Remove two Culverts I I J d and flap gates at curtail i i t Con ^tNNr trail bridge l :-:1-:_=,--1', it Enhance channel l; I o•+ chenne' AV Enhance shoreline and riparian i 1 :c 7,,,„- I Extend channel Improvements I ups Vemb5R599 "I N ;a 24 STAT Natural Resources Building s o f380) (10- 3c;r_.; 1 111 Washington St SE ti TTY !360) 902-1996 Olympia WA 98501 Fax: (360) 902 -3026 PO Box 40917 0•A, ,aae 1 °y E-mail: info rcc `r.c..s;V Oiyn;pia WA 98504 -0917 Web Site. v'3 STATE OF WASHINGTON RECREATION AND CONSERVATION OFFICE March 15, 2008 EE Ryan Larson a r 4 on no MAR City of Tukwila TUi{�It 6300 Southcenter Blvd PUBLIC WORKS Tukwila, WA 98188 -2544 RE: Riverton Creek Flapgate Removal and Restoration, RCO #07 -1670N Dear Mr. Larson: Congratulations on your successful application for the Riverton Creek Flapgate Removal and Restoration project. Your project is administered by the Recreation and Conservation Office (RCO). Enclosed are two original sets of project agreement materials. Each set contains the Project Agreement, Milestone Report, Eligible Reimbursement Activities Report, and an Invoice Voucher. Also enclosed are policy manuals for reference as you implement your project and seek reimbursement. After reviewing your Project Agreement materials, please have the appropriate person sign each Project Agreement and return one signed original. Once the Project Agreement is signed and returned, the Riverton Creek Flapgate Removal and Restoration project can commence. Prompt implementation and completion of your project is extremely important and will ensure the continuing success and credibility of the Salmon Program by demonstrating effective results to citizens and policy makers. We encourage you to offer appropriate media opportunities to help build public awareness of the project's purposes and benefits. Acknowledging the assistance provided by this grant program helps increase the public's understanding of the value the funding provides to communities. Please notify your project manager of any event celebrating your project's beginning or completion. questions that may arise during project s always, staff is available to answer que y 9 implementation. If you need P 1 P assistance, please contact Leslie Ryan Connelly at (360) 902 -3080 or Ieslie.ryan- connelly @rco.wa.gov. Thank you again for helping make this valuable investment in Washington State's recreation, conservation, and natural resources. Sincerely, qcoi Kaleen Cottingham Director Enclosures Recreation and Conservation Funding Board Salmon Recovery Funding Board Washington Biodiversity Council AGRECVR.RP7 Washington Invasive Species Council Forum on Monitoring Salmon Recovery and Watershed Health Salmon Project Agreement Salmon Funding Accounts Project Sponsor: City of Tukwila Project Number: 07 -1670N Project Title: Riverton Creek Flapgate Removal and Restoration Approval Date: 12/13/2007 A. PARTIES OF THE AGREEMENT This Project Grant Agreement (Agreement) is entered into between the Salmon Recovery Funding Board (SRFB), P.O. Box 40917, Olympia, Washington 98504-0917 and City of Tukwila, 6200 Southcenter Blvd, Tukwila, WA 98188 (Sponsor) and shall be binding upon the agents and all persons acting by or through the parties. B. PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the Salmon Funding Accounts of the State of Washington's General Fund. The grant is administered by the SRFB to the Sponsor for the project named above. C. DESCRIPTION OF PROJECT The subject Project is described on the attached Project Summary. D. TERM OF AGREEMENT The Project Sponsor's on -going obligation for the project shall be the same as the Period of Performance period identified in Section E. E. PERIOD OF PERFORMANCE The Project reimbursement period shall begin on March 15, 2008 and end on March 31, 2009. No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this Agreement. F. PROJECT FUNDING The total grant award provided by the SRFB for this project shall not exceed $42,500.00. The SRFB shall not pay any amount beyond that approved for funding of the project. The Sponsor shall be responsible for all total project costs that exceed this amount. The contribution by the Sponsor toward work on this project at a minimum shall be as indicated below: Percentage Dollar Amount SRFB Salmon Federal Projects 85.00% $42,500.00 Project Sponsor 15.00% $7,500.00 Total Project Cost 100.00% $50,000.00 G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments, including the Sponsor's Application, Project Summary, Eligible Reimbursement Activities Report, Project Milestones, and the General Provisions, all of which are attached hereto and incorporated herein. Except as provided herein, no alteration of any of the terms or conditions of this Agreement will be effective unless provided in writing. All such alterations, except those concerning the period of performance, must be signed by both parties. Period of performance extensions need only be signed by RCO's Director. The Sponsor has read, fully understands and agrees to be bound by all terms and conditions as set forth in these documents. H. COMPLIANCE WITH APPLICABLE STATUTES. RULES. AND RCO POLICIES This Agreement is governed by, and the Sponsor shall comply with, all applicable state and federal laws and regulations, including Chapter 77.85 RCW, Chapter 286 WAC and published agency policies, which are incorporated herein by this reference as if fully set forth. Salmon Project Agreement Salmon Funding Accounts Chapter 77.85 RCW, Chapter 286 WAC Page 1 of 2 PROJAGR.RPT 1. ADDITIONAL PROVISIONS OR MODIFICATIONS OF THE GENERAL PROVISIONS 1. On July 1, 2007, the name of the Interagency Committee for Outdoor Recreation changed to the Recreation and Conservation Funding Board and the office name changed to the Recreation and Conservation Office. The General Provisions of the Project Agreement do not reflect this change. To allow immediate implementation of this project, the existing provisions are hereby incorporated into the agreement. All references to the Board refer to the Recreation and Conservation Funding Board. References to the Office refer the Recreation and Conservation Office. 2. The final work product will be a conceptual design evaluation (feasibility study) that identifies one or more project alternatives and a recommended alternative with preliminary site plan (30% design) and cost data, if appropriate. J. FEDERAL FUND INFORMATION A portion or all of the funds for this project are provided through a federal funding source. Funds provided from the US Dept of Commerce must be reported under CFDA #11.438 Salmon Restoration and Award Number NA07NMF4380301 for federal fiscal year2007. As a sub recipient of the federal funds, you are required to provide the SRFB with a summary of the federal expenditures by CFDA for each year. If your total federal expenditures are $500,000.00 or more in a one-year period, you are required to have a federal single audit in compliance with OMB Circular A -133. K. PROJECT GRANT AGREEMENT REPRESENTATIVE All written communications sent to the Sponsor under this Agreement will be addressed and delivered to: Project Contact SRFB Name: Ryan Larson Recreation and Conservation Office Title: Sr. Surface Water Mgt. Eng. Natural Resources Building Address: 6300 Southcenter Blvd PO Box 40917 Tukwila, WA 98188 -2544 Olympia, Washington 98504 -0917 www.rco.wa.gov /srfbl These addresses shall be effective until receipt by one party from the other of a written notice of any change. L. ENTIRE AGREEMENT This agreement, along with all attachments, constitutes the entire agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. M. EFFECTIVE DATE This agreement, for project #07- 1670N, shall be effective upon signing by all parties. STATE OF WASHINGTON RECREATION AND CONSERVATION OFFICE .C���l BY: G� tW1U& DATE: 4191 d P Kaleen Cottinghaf*, Director PROJECT SPONSOR BY: DATE: TITLE: Pre approved as to form: BY: /S/ Assistant Attorney General Salmon Project Agreement Salmon Funding Accounts Chapter 77.85 RCW, Chapter 286 WAC Page 2 of 2 PROJAGR.RPT Exhibit J Federal Fund Information Certification CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to the department, institution, or office to which this proposal is submitted if at any time the prospective lower tier participant teams that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining -a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 41 CFR 105, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment Suspension, Ineligibility, and Voluntary Exclusion cower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 41 CFR 105, debarred, suspended, declared ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the list of parties excluded from the federal procurement and non procurement programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Page 1 of 2 Exhibit J Federal Fund Information Certification 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 41 CFR 105, debarred, suspended, declared ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Govemment, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name and Title of Authorized Representative Signature Date 11 Salmon Restoration Name of Sub -grant Project 07 -1670 Page 2 of 2 Inwa Le ne�fa, Salmon Prociram OUTDOOR ETION Federal Recovery Projects Post Evaluation Project Summary TITLE: Riverton Creek Flapgate Removal and Restoration NUMBER: 07 -1670N (Non Capital) STATUS: Board Funded SPONSOR: City of Tukwila EVALUATION SCORE: BOARD RANKING: COSTS: SPONSOR MATCH: Salmon Federal Projects $42,500 85% Appropriation Cash Local $7,500 15% Total $50,000 100% DESCRIPTION: Tukwila will use this grant to conduct a feasibility analysis and design to determine whether twin flap gates can be removed to connect Riverton Creek and the Duwamish River. Results of the analysis will be used to complete design work. Connecting the two water bodies will restore full fish access to more than .2 mile of off channel, shallow water habitat. Off channel and shallow water habitats in the estuarine transition zone, where freshwater and saltwater meet, is a critical factor in recovering Chinook salmon. This type of habitat will provide shelter from predators and refuge during high river flows for salmon species. The work also will involve removing invasive species, planting vegetation and placing woody debris. LOCATION INFORMATION: On the Duwamish River in Tukwila. LEAD ENTITY ORG: WRIA 9 LE (King County) COUNTY: GOAL OBJECTIVE: The goal of the project is to increase /improve information to help select projects that have a high certainty and benefit. The objective of the project is to determine project siting, feasibility, design, or implementation. SALMON INFORMATION: indicates primary) Species Taraeted Chinook* Coho Habitat Factors Addressed Channel Conditions Riparian Conditions Loss of Access to Spawning and Rearing Habitat* FISCAL YEAR: 2008 DATE PRINTED: March 15, 2008 1PAPSUM7.RPT Riverton Creek Flapgate Removal and Restoration for 'Yg OUTDOOR Eligible Reimbursement Activities Report RECREATION Project Sponsor: City of Tukwila Project Number: 07 1670 N Project Title: Riverton Creek Flapgate Removal and Restoration Approval: 12/13/2007 Non Capital Items: Worksite Element Item Unit Quantity Description #1, Riverton Creek Professional Services Consultant(s) Lump sum 1.00 Feasbility study #1, Riverton Creek Salaries Benefits Salaries Benefits othe of FTE's 0.02 Salary and benefits ELIGREIMRPT March 15, 2008 Page: 1 I Commr fur OU1000fl Milestone Report By Project 8ECRE8TION Project Number: 07 -1670 N Project Name: Riverton Creek Flapgate Removal and Restoration Sponsor: Tukwila City of Project Manager: Leslie Ryan Connelly X Milestone Target Date Comments /Description Project Start 03/15/2008 1 1 Bid Awarded /Consultant Hired 04/01/2008 Data Gathering Started 04/15/2008 I I Annual Project Billing I 07/31/2008 I I Draft Rpt Reviewed by Mgmt Agy 09/01/2008 Submit draft report to RCO for review. I I Proposed Completion Date I 02/01/2009 I I I Final Report Completed I 02/01/2009 I Special Conditions Met 02/01/2009 Feasibility study with 30% design for the preferred alternative I I Project Complete 03/31/2009 I I I Final Docs /Billing to Mgmt Agy 04/30/2009 I X Milestone Complete I Critical Milestone AILESTO.RPT March 15, 2008 Page: 1 I RECREATION AND CONSERVATION OFFICE FORM A 19 State of Washington Agency Name 1 INVOICE VOUCHER Sponsor's Certificate. I hereby certify under penalty of perjury that the items Recreation and Conservation Office and totals listed herein are proper charges for materials, merchandise or P.O. Box 40917 services furnished to the State of Washington, and that all goods furnished Olympia, WA 98504-0917 and /or services rendered have been provided without discrimination because of age, sex, marital status, race, creed, color, national origin, handicap, religion or Vietnam era or disabled veterans status. Sponsor City of Tukwila BY Parks Rec. Dept. 12424 42nd Ave S Tukwila, WA 98188 (TITLE) (DATE) Y -0 Be Go:rr> p[efecF BKSpo so Project Number 07 1670 N Invoice Billing Period This is a Final Billing? Project Name Riverton Creek Flapgate Removal and 1 From: To: I Yes j No j K e'yta li Experi?iturigitit late, f t -`i Costs For This Billing -ice" r r Project o- r; ton= Rettnbur'sa y Non- Reimbursable n. z CATEGORIES Agreement e ate tt= F©fa1 Ex Match 6 s Total x} Non Capital Costs I r Ar .�v Equipment 1 s. A, 1 k� 1 r Q Non-Capital Total �"Y 1 1 p $50,000.00 f a =Y_ -c 0 04- $50,000.00 1 I I $0.00 1 1 FUNDING EXPENDITURE FORMULA For RCO Use ONLY m a it.014er R WON- :e: `�`�,v feV 6 Rf KTiii l 1,(0- P.ntS- A Sponsor: 1 15.00% 1 $7,500.00 1 Total Billed RCO Federal: I 1 1 Share Billed RCO: SALMON FED PROJ 1 85.00% 1 $42,500.00 1 Share Approved I Advance Balance I 1 1 1 Match Owed Balance I I I 1 Share Retained I I 1 Share Paid 1 Agreement Total: 1 100.00% I $50,000.00 1 Match Bank Date �zMA �.0 r: rEetlj:IJQC F�6Z., .;14.4' I?elAciC ,_�:*��'..:4�e0fQ0YSllnbef O- a4- I I 1 1 SWV001 8023 -00 107 -1670 N t vg ode} 'Ft dE Wr o€ t dex Index' aSub'E)b urObr` a= Wile A Aottnt -Cm o ce 210 1 001 1 Q19 1 98104 1 NZ 1 1 I 1 Project Manager /Date Release Final Pmt 1 Division Supervisor/Date Accounting /Date 1INVOtCERPT 3 /15/2008 Current Funding PEOPLE FOR PUGET SOUND Riverton Flapgate Design Funding Contract This contract is entered into this day of 2008, by and between the City of Tukwila and People For Puget Sound, a non profit Washington corporation, 911 Western Ave., #580, Seattle WA 98104. The purpose of this contract is to support the project to remove the flapgate on Riverton Creek which has been fully described in the application to the Salmon Recovery Funding Board. People For Puget Sound will transfer $30,000 to the City of Tukwila for the purpose of designing and permitting the project. Scope of Work The scope of work includes selection of a design consultant and the successful completion of an accepted design which will lead to implementation of the project. The contribution toward the project will be used as match toward the Salmon Recovery Funding Board grant, and as such, all terms of that grant must be met by the City of Tukwila. Contract Terms Duration. All work under this contract is to be completed by March 1, 2009. Fee and Payment. People For Puget Sound will reimburse the City of Tukwila up to $30,000 for design and permitting costs associated with this project. The City of Tukwila will provide one invoice to the People for Puget Sound for reimbursement. The People for Puget Sound will reimburse the City of Tukwila within 30 days of receipt, unless there is a question or need for additional documentation, in which case resolution will be sought expeditiously. Amendments. Any amendment or extension of this contract must be by written instrument executed by both People For Puget Sound and the City of Tukwila. Cancellation. Either party may terminate this contract at any time, with or without cause, upon thirty (30) day's written notice to the other party. Upon termination of this contract, the City shall be entitled to payment for all design accost incurred prior to contract termination. Ownership and Use of Documents. All documents and other materials produced by the City of Tukwila in connection with the services rendered under this contract are the property of the City of Tukwila, but copies must be provided to People For Puget Sound. Compliance with Laws. The City of Tukwila shall, in performing the services contemplated by this contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations applicable to the services to be rendered under this contract, and shall obtain any licenses or permits required. Liability/Insurance. The City of Tukwila agrees to indemnify and hold People For Puget Sound harmless for any and all liability or loss arising in any way out of the negligent performance of this contract. Independent Contractor. The City of Tukwila will be considered an independent contractor; conduct and control of work will lie solely within the purview of the City, provided that the City shall use good and reputable business practices. If appropriate, People For Puget Sound will 1 report all fees to the Contractor to the Internal Revenue Service on Form 1099. Neither People For Puget Sound nor the City shall have any right, power or authority to create any obligation, express or implied, on behalf of the other. Governing Law. This contract and all issues relating to the validity, interpretation, and performance shall be governed by and interpreted under the laws of the State of Washington. Severability. Many provision in this contract is held to be illegal, invalid, or unenforceable, such provision shall be fully severable and the remainder of this contract shall remain in full force and effect. Entire Agreement. This contract embodies the entire agreement and understanding between two parties hereto with respect to its subject matter and supersedes all prior agreements and understanding, whether written or oral, relating to its subject matter. No amendment, modification, or termination of this contract shall be valid unless made in writing and signed by each of the parties. IN WITNESS WHEREOF, the parties hereto executed this Contract the day and year first above written. PEOPLE FOR PUGET SOUND CITY OF TUKWILA By: By: Signature Signature Printed Name: Kathy Fletcher Printed Name: Title: Executive Director Title: Date: Date: ATTEST /AUTHENTICA'1'ED Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM: Office of the City Attorney By: 2 r 0I ,2 C o f Tukw ::6F. 5--! Nt., f Community Affairs and Parks Committee 1906 COMYIi UNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes June 23, 2008 5: 00pin.; Conference Room #3 PRESENT Councilmembers: Joan Hernandez, Chair; Verna Griffin and De'Sean Quinn Staff: Evie Boykan, Ryan Larson, Bob Benedicto, Jack Pace and Kimberly Matej Guest: Nicholas Lee, Westfield Southcenter Mall CALL TO ORDER: Chair Hernandez called the meeting to order at 5:03 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Interlocal Cooperation Agreement Regarding the Community Development Block Grant and Home Investments Partnership Programs Staff is seeking full Council approval to enter into an interlocal agreement with King County regarding the Community Development Block Grant (CDBG) and Home Investments Partnership (Home) programs. This is an agreement entered into every three years between the City and County which outlines the processes and responsibilities between the City and County regarding Block Grant funds for housing rehabilitation and the Home program which focuses on permanent housing. Participation in the CDBG and Home programs allows the City representative to take part in the process and influence how those funds will be distributed and utilized. UNANIMOUS APPROVAL. FORWARD TO JULY 14 COW FOR DISCUSSION. B. Riverton Creek Flap Gate Removal Proiect Grant Agreements This item was originally heard in the Utilities Committee on September 5, 2007; however, staff determined that the subject matter fits more appropriately into matters referred to the Community Affairs and Parks Committee. Staff is seeking approval to enter into grant agreements with the State of Washington Recreation and Conservation Office ($42,000) and the People for Puget Sound ($30,000) for project feasibility and design work funding of the Riverton Creek pipe and flap gate removal. This project will improve fish access to the Creek by removing the pipes and flap gates, providing an open water connection to the river. The grant funding combined with $50,000 from the City will total $122,000 for this portion of the project. Additional grant funding will be required for the construction phase. The Committee requested staff attach the appropriate CIP page regarding this project in the information submitted to full Council. UNANIMOUS APPROVAL. FORWARD TO JULY 14 COW. C. Westfield Shoppingtown Mall Development Agreement Second Amendment (Sign Code) Staff is seeking approval for a second amendment to the Westfield Shoppingtown Mall Development Agreement regarding signage (for information on first amendment, see Committee minutes dated August 14, 2007). Westfield has been vested to the provisions of the Tukwila Sign Code in effect on January 1, 2007. As part of Tukwila's Centennial Celebration, temporary signs have been hung on the two parking garages at the Mall. Westfield has requested approval from the City to continue using signage and the