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Home My WebLink AboutCAP 2009-02-09 Item 2B - Interlocal Agreement - Amendment to Conservation Futures for Duwamish Gardens with King County City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM FROM: Mayor Haggerton Community Affairs and Parks Committee Public Works Directo~ February 2, 2009 TO: DATE: SUBJECT: Duwamish Gardens Project No. 06-DR02 Conservation Futures - Amendment to Interlocal Agreement #92-113 ISSUE Approve an amendment to the Conservation Futures Interlocal Cooperation Agreement between King County and the City of Tukwila. BACKGROUND King County and the City of Tukwila entered into Interlocal Agreement #92-113, approved by the City Council on July 20, 1992, for the allocation of King County Conservation Futures funds to the City of Tukwila for the acquisition of parks and open space. This agreement has been amended as additional funds were allocated to the City. Analysis On December 24, 2008, the City acquired the Duwamish Gardens site and is now seeking grant reimbursement from the various funding sources (see attached grant funding summary). The City applied for and received $350,000.00 of Conservation Futures funding for both the 2007 and 2008 funding cycles for a total of $700,000.00. In order to receive this funding the original Interlocal Agreement will need to be amended to include the.new funding. King County has prepared a standard amendment for City approval. . RECOMMENDATION The Council is being asked to approve this Amendment to the Interlocal Cooperation Agreement with King County and consider this item at the February 23, 2009 Committee of the Whole Meeting and the subsequent March 2, 2009 Regular Meeting. attachments: Grant funding summary Interlocal Cooperation Agreement Amendment P:\PROJECTS\A- DR Projeclsl06-DR02 {Dul'lamsh Gardens)\lnfoMemoDuwamshlnlerlocal Arnendmenl2.doc Funding Summary for Duwamish Gardens Acquisition February 4, 2009 Estimated Project Costs: Acquisition Phase Cost of Property , $1,979,405 , Title and appraisal work (approximately SI2k to SI5k) 15,000 Relocation (approximately $50k to S75k) 75,000 Hazardous waste reports (approximately $I8k to S26k) 26,000 Archeological investigations (approximately SIOk to S20k) 20,000 Directly related staff, administration and legal costs (King County) (approximately SI2k to $I8k) 18,000 Total Estimated Project Costs $2,133,405 )i Match Funds Expended Funding Sources: Acquisition Date Committed or Committed (Amount) Salmon Recovery Funding Board 2006 committed $311,000 WRIA 9 King Conservation District grant 2006 committed 15,000 City of Tukwila 2009 Budget 100,000 Conservation Futures 2007 2007 committed 350,000 Washington State Aquatic Lands Enhancement Account Grant 2007 committed 457,521 King Conservation District grant (requested by WRIA 9 Forum) 2007 committed 225,000 Conservation Futures 2008 2008 committed 350,000 *Washington State Capital Budget 2007- 2009 (ESHB 1092, Section 3175) 2008 committed 394,000 Total: $2,202,521 ~ * Project funds can be used for acquisition, design, or construction. P:\PROJECTS\A- DR Projects\06-DR02 (Duwamish Gardens)\Funding Duwamish Gardens2-4-09.doc AMENDl\1ENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEl\1ENT BETWEEN KING COUNTY AND THE CITY OF TUKWILA FOR OPEN SPACE ACQUISITION PROJECTS Preamble The King County Council, through Ordinance 9128, has established a Conservation Futures Levy Fund and appropriated proceeds to King County, the City of Seattle and certain suburban cities. This amendment is entered into to provide for the allocation of additional funds made available for open space acquisition. THIS AMENDMENT is entered into between the CITY OF TUKWILA and KING COUNTY, and amends and attaches to and is part thereof ofthe existing Interlocal Cooperation Agreement entered into between the parties on the 25th day of August, 1992. The parties agree to the following amendments: Amendment 1: Article 1. Recitals Two paragraphs are hereby added to the Recitals Section to provide for two Conservation Futures Levy Fund allocations for the Tukwila Duwamish Gardens acquisition project, and hereafter reads: . On November 22,2006, the King County Council passed Ordinance 15652, which appropriated a total of Three Hundred and Fifty Thousand Dollars ($350,000) in Conservation Futures Levy proceeds to the City of Tukwila for the Duwamish Gardens acquisition Project. On April 9, 2007 the King County Council passed Ordinance 15711, authorizing the King County Executive to enter into interlocal agreements with the City of Seattle and the suburban cities for the disbursement of Conservation Futures Funds in Ordinance 15652. . On November 19, 2007, the King County Council passed Ordinance 15975, which appropriated a total of Three Hundred and Fifty Thousand Dollars ($350,000) in Conservation Futures Levy proceeds to the City of Tukwila for the Duwamish Gardens acquisition Project. On April 7,2008 the King County Council passed Ordinance 16052, authorizing the King County Executive to enter into interlocal agreements with the City of Seattle and the suburban cities for the disbursement of Conservation Futures Funds in Ordinance 15975. Amendment F Annual CFT Interlocal Tubvila-King County 2007 and 2008 CFT proceeds -1- Amendment 2: Article V. Conditions of Agreement Section 5.1 is amended to include reference to Attachment F, \\Thich lists 2007 and 2008 Conservation Futures Levy Allocations for the Duwamish Gardens project. Amendment 3: Article VII. Responsibilities of County The first two sentences of this article are amended to include references to Attachment F, which lists 2007 and 2008 Conservation Futures Levy Allocations for the Duwamish Gardens project as follows: Subject to the terms of this agreement, the County will provide Conservation Futures Levy Funds in the amounts shown in Attachments A through F to be used for the Projects listed in Attachments A through F. 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 Attachments A through F. The County assumes no obligation for the future support ofthe Projects described herein except as expressly set forth in this agreement. Al\1ENDl\1ENT 4: Attachment F The attachments to the interlocal agreement are hereby amended by adding Attachment F, which is hereby attached to the interlocal agreement, incorporated therein and made a part thereof. 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. Amendment F Annual CFT Interlocal Tukwila-King County 2007 and 2008 CFT proceeds -2- This document shall be attached to the existing Interloca1 Cooperation Agreement. IN WITNESS WHEREOF, authorized representatives ofthe parties hereto have signed their names in the spaces set forth below: KING COUNTY CITY OF TUKWILA Ron Sims King County Executive Mayor Date: Acting under the authority of Ordinances 15711 and 16052 Date Acting under the authority of Ordinance: Approved as to form: Approved as to form: Dan Satterberg King County Prosecuting Attorney City Attorney Amendment F Annual CFT lnterlocal Tukwila-King County 2007 and 2008 CFT proceeds -3- ATTACHMENT F 2007 and 2008 CONSERVATION FUTURES LEVY CITY OF TUKWILA ALLOCATIONS Jurisdiction Proj ect Allocation Tukwila (2007) Duwamish Gardens $ 350,000 (Ordinance 15652) Tukwila (2008) Duwamish Gardens $ 350,000 (Ordinance 15975) TOTAL $700,000 Project Description: City of TUKWILA- Duwamish Gardens $700,000 The Duwamish Gardens project is a 2. 16-acre acquisition project located on the Duwamish River at East Marginal Way South in Tubvila. The goal of the project is to acquire the site and restore it in the future as intertidal salmon and aquatic species habitat, similar to the habitat restoration project done about a half mile downstream at the North Wind Weir site. This portion of the Duwamish is listed as the highest priority area for restoration in the WRIA 9 Habitat Plan. Amendment F Annual CFT Interlocal Tukwila-King County 2007 and 2008 CFT proceeds -1-