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HomeMy WebLinkAboutUtilities 2007-04-17 Item 3A - Agreement - Duwamish Gardens Acquisition with King County Attachment III.A. INFORMATION MEMO To: From: Date: Subject: Mayor Mullet Public Works Directo~ April 11, 2007 Duwamish Gardens Acquisition King County Agreement for Services Project No. 06-DR02 ISSUE Approve an agreement with King County for land acquisition services for this project. BACKGROUND The Duwamish Gardens site is 2.18 acres located adjacent to the Duwamish River. The site is in the high priority "transition zone" between fresh water and salt water. The transition zone was identified in the WRIA 9 Salmon Recovery Plan as the area in most need of habitat restoration. King County is taking the lead as the WRIA 9 Service Provider for the WRIA 9 Interlocal Agreement that Tukwila is a party to. They are tasked with implementing the recommendations of the WRIA 9 Salmon Recovery Plan, which includes securing property for restoration within the transition zone. Property secured for restoration purposes within Tukwila will become owned and maintained by the City. ACTION TAKEN City staff is working in partnership with WRIA 9 staff members to secure funding for acquisition of this site. To date, a total of $726,000 of funding has been secured with $1,034,000 pending. In order to complete the appraisal process, write a purchase and sale agreement, negotiate the purchase of this site, and conduct a hazardous waste and archeological investigation, King County needs authorization to act on the City's behalf and allow for reimbursement through grant funds for the appraisal and staff time. Funding for this contract will be through a combination of grant funding and City matching funds. RECOMMENDATION Approve the Agreement for Services with King County for $100,000. RL:ad attachment: Agreement for Services (p:ProjeasIA. DR ProjectsI06DR02 Du..>mish G.nlonsIKC Seni<es Agr=at Info Memo) I CITY OF TUKWILA AGREEMENT FOR SERVICES THIS AGREEMENT made and entered into this day of 2007, by and between the County of King, Washington, a political subdivision of the State of Washington, hereinafter referred to as "County," and the City of Tukwila, a municipal corporation, hereinafter referred to as "City." WITNESSETH: WHEREAS, the City is desirous of contracting with the County for the use ofthe County's staff and services necessary to acquire property; and WHEREAS, the County is agreeable to providing such services on the terms and conditions hereinafter set forth and in the mutual covenants and agreements herein contained; NOW, THEREFORE, it is covenanted and agreed as follows: I. The County agrees, by and through its Open Space Section, to provide the services of appraisal, title and right-of-way personnel to assist the City in its acquisition of property in connection with projects as directed by the City. Funding for said acquisition services related specifically to the Duwamish Garden project will come from the City's share of CFT funds held by the county and are to be matched by City funds on a dollar for dollar basis. Should the project be unsuccessful, the city will still be obligated by this agreement. The County agrees to provide the services described herein, subject to available resources and consistent with the volume of County service activity upon receipt of a written request from the city. The County shall provide to the City an estimate of the time and cost of services provided. The City shall approve said estimate. II. The City shall not be called upon to assume any liability for the direct payment of any salaries, wages or other benefits to any County employee who is performing services for the City as provided in this agreement. III. The City agrees to protect and save harmless King County, its elected and appointed officials, and employees from and against all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, arising in favor of the City's employees or third parties on account of personal injuries, death or damage to property arising out of services covered by this agreement or in any way resulting from the willful or negligent acts or omissions of the City and/or its agents, employees, or representatives, except for those claims, demands or causes of action caused by the sole negligence of the County, its elected and appointed officials, employees or agents. IV. The County agrees to cover all County employees encompassed by this agreement with self insurance under the Industrial Insurance Act. V. For services rendered, the City agrees to pay the County, within 45 days of being billed by the County: 1. An amount equal to the normal hourly salary of the personnel involved for each hour involved in City work, plus 2- 2. The actual additional costs incurred in the employment of that employee, which includes paid time off, employee benefits and office administrative expenses. 3. The actual total charges (salary and additional costs), dependent upon staff member assigned to project, are as follows (2007 rates): Title Work Appraisal Services Project Management $92.40 per hour $85.73 per hour $94.52 per hour These rates reflect actual 2007 costs. Rates will be adjusted annually in January to reflect actual staff and operating expenses. 4. Actual costs for title, appraisal or other services required to acquire the property. 5. Project costs will be charged to the City as services are completed and on a quarterly basis for King County personnel charges. VI. The County, while providing project management services to the City, shall also be responsible for reporting to the City all progress made. VII. Payment for the work provided by the County as part of this Agreement shall be made and the total amount of payment to the County for this work shall not exceed $100,000 without express written modification of the Agreement signed by the City. This Agreement will be effective the day of 2007, and will continue until canceled by either party giving thirty (30) days' written notice to the other party. IN WITNESS WHEREOF, authorizing representatives of the parties hereto have signed their names in the spaces set forth below. CITY OF TUKWILA KING COUNTY, WASHINGTON BY BY TITLE TITLE DATE DATE APPROVED AS TO FORM: APPROVED AS TO FORM: BY BY Deputy Prosecuting Attorney DATE DATE 3