Loading...
HomeMy WebLinkAboutCAP 2008-10-13 Item 2A - Agreement - Cascade Land Conservancy City of Tukwila 6200 Southcenter Boulevard · Tukwila, Washington 98188 Jim Haggerton, Mayor MEl\10R<\NDUM 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. \Ve 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 1. 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.cUukwila.wa.us Contract No. CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tuk\vila, Washington, a non-charter optional municipal code city hereinafter referred to as "the City", and CASCADE LAl'ID CONSERVANCY, hereinafter referred to as "the Contractor", whose principal office is located at 615 2nd Ave, Suite 625, Seattle, W A 98104. 'VHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and \VHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed bv Contractor. The Contractor shall perfornl those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in cOilllection 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 Budl2:et. 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 Al2:reement. This Agreement shall be in full force and effect for a period commencing October L 2008 and ending September 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 contlibuting 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 attorney'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 performing the work required by this Agreement. \Vith respect to the perfonnance 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 harmless 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 tIns paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 7. Record Keepin2; and Reportin2;. 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 performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless pern1ission to destroy them is granted by the office ofthe archivist in accordance vlith RCW Chapter 40.14 and by the City. 8. Audits and Inspections. The records and documents \vith 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 wlitten notice ofthe 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 terminate this Agreement immediately. 10. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services ofthe 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. Assi2;nment and Subcontract. The Contractor shall not assign or subcontract any portion ofthe services contemplated by this Agreement without the written consent of the City. 12. Entire A2;reement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or othef\vise, 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, Vvashington98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 14. Applicable Law~ Venue; Attornev'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: Jim Haggerton, Mayor By: Title: ATTEST/AUTHENTICATED: Printed Name: Christy O'Flahe11y, City Clerk Address: APPROVED AS TO FORM: Office of the City Attorney By: Date approved by City Council: (Applicable if contract amount is over $25,000) 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 $130/hour Land Stewardship Director $1 IO/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.