HomeMy WebLinkAboutCAP 2016-04-11 Item 2B - Grant Acceptance - Duwamish Hill Preserve from 4Culture for $200,000City of Tukwila .... ........... . ..... ... ............ —
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO
Community Affairs and Parks Committee
FROMI:
Rick Still, Parks and Recreation Director
BY,
Dave Johnson, Parks and Recreation, Manager
Cc:
Mayor Ekberg
DATE: April 4, 20,16
SUBJECT; Acceptance of grant for Duwamish Hill Preserve from 4Culture for $200,000
ISSUE
Authorize acceptance of grant for Duwamish Hill Preserve from 4Culture for $200,000.
BACKGROUND
During the planning of Phase 2 construction at Duwamish Hilll Preserve in 2014, we had to
reduce the original scope of work due to funding and cost estimates for the project. In 2015„ an
additional funding source became available to the City by way of the Heritage Cultural Facilities
Grant program through King County 4Culture. At the August 24, 2015 CAP meeting, the
committee approved the City's grant application in the amount of $250,2801. We were
successful in being awarded $200,000.
DISCUSSION
Among the items that wild be covered through, this funding are design, construction, and
installation of an Entrance Kiosk, Interpretive Benches (sandstone block with benchbacks),
Interpretive signs, and installation and establishment of cultural landscape area. Funding
through this grant will allow us to complete these items. We are planning to begin this work in
2016. Completion of this work will, for all intents and purposes, complete the renovation of the
site.
FINANCIAL IMPACT
There is no additional match for this grant as the match has already been met,
RECOMMENDATION
Council is being asked to forward this item to the Consent Agenda at the April 18, 20,16 Regular
Meeting to authorize the Mayor to sign agreement accepting Grant award,
ATTACHMENTS
-Grant Agreement
-Minutes from Community Affairs and Parks Committee meeting of August 24, 2015
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GRANT RECIPIENT INFORMATION
City ofTuhw0a
DaimmJohnoom
Tukwila Parks & Recreation Manager
12424 42nd Avenue S
Tukvvi|a,VVashimfton98168
dauejuhnsom@tukvv||am/a.gow
(206)767'Z342
TEL 206 296,7580
wm 206 29&8629
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101 pnspnmWmp PL
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Your Contract #:115,841H
K[ Bonds Heritage Cultural Facilities '3OO4Q2
Ordinance #:18181
Attached is your Contract with 4Culture for $200,000.00 for the Duwamish Hill Preserve PugetSouod
Sm0sh Cultural Garden project. The contract starts on 1/1/16 and remains open until the Public Benefit
is fulfilled.
For questions, contact Eric Taylor at eric.tay|or@u4cultune.oqBmr(206)263-1586.
SCOPE OF WORK
4Culture, the Cultural Development Authority of King County, will!, reimburse the City of,Tukwila Parks
and Recreation Department for satisfactory completion of the services and requirements asspecified
below, in an amount not to exceed $200,0�0.00, for expenses associated with the Duwamish Hill
Preserve - Puget Sound Salish Cultural Garden, described im the proposal attached %o this contract.
Payment will be made available in the following manner:
PHASE 1: Architectural and engineering expenses incurred as part of the schematic design, design
development, construction document preparation and any related engineering costs, for up to
$50,000.00.
PHASE 2: Permitting, sitepneparationandotherpre-oomstru«tiomoosts°,imcludinganyneceusary
demolition and utilities work, for mpto$7S,OOD.0}.
PHASE 3: Labor and materials after the commencement of construction or renovation and the
acquisition ofma:jorFF&E items, for uptaS75,0OQ.00.
Accompanying the 4Culture invoice(s,) for these expenses shall be documentation that identifies vendors
and details the work performed and dates the expenses were incurred. Such documentation shall
include, but is not limited to, proofs of purchase, work orders or receipts for purchases.
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NOTE: ONLY "CAPITAL COSTS" are eligible for reimbursement under this contract. All funds must
support facilities and/or equipment intended for 10 year use and valued as depreciable assets, not
expensable as part of annual operations.
PUBLIC BENEFIT
4Cukune|s providing funds to support the City of Tukwila Parks and Recreation Department for the
Duwamish Hill Preserve - Puget Sound Salish Cultural Garden, in order to allow the Contractor to better
serve its mission and provide the citizens of King County with significant public benefit.
The City of Tukwila Parks and Recreation Department will be committed to providing public benefit
experiences for a period of no less than 10 years. During that tinme,the public will regularly have access
to the City of Tukwila Parks and Recreation Department facility and/or programs, and will benefit from
the following types of potential cultural opportunities:
~ Regularly scheduled free mrreduced fee admission to cultural resources, exhibits, orpublic
programs presented in the facility supported bV this grant
* Regularly scheduled cultural programs produced by City of Tukwila Parks and Recreation
Department offered toKing County residents and visitors at other sites
* Access to special events held at the site
w Access to educational programs held in the facility that are targeted to mmdeoemed King County
populations such as students, senior citizens, or other specific audiences
The Contractor agrees to widely publicize its public benefit exhibits, events and programs throughout
King County and to track the number of public benefit events offered and audiences served by such
program;s.
GRANT RECIPIENT INSTRUCTIONS
Please electronically sign this Agreement within: two weeks of receipt and return any required
enclosures. You will not be able 10 make changes to this Agreement. if there is an error in the
documen�, or if you need to request changes in your Scope of Work or other itemis, please contact your
Program Manager listed above,
L SCOPE OF VVO0K- Please review the information, Scope of Work, and Public Benefit
sections above carefully. These expUa|m the work you are agreeing to perform in
accordance with the application you submitted tn4Cw[tmre.
2. ENCLOSURES — Please clownload and complete any required enclosures listed below and
e-mail to4Cultuoemt Enclosures with private information
(e.g. social security numbers on a VV'9) may be mailed to4[u|ture, 101Pre&ontaimeP|S,
Seattle, VVx98104-2672�
a. Items 1obe returned at the time you sign the Agreement:
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�
Certificate Of Liability Insurance or Letter mf Self Insurance
m
if your property is owned by an individual or for-profit business: Legal
description of real property onwhich Project is located
(Contact staff ifyou are not able to provide this information)
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1 REQUESTING PAYMENT - Once your 4[ubure contract is signed by both you and
4Cu1ture, your new grant will be listed in your account at apply,4culture.or under the
Manage Awards section along with any prior awards. To be reimbursed for your project
expenses, follow the "Request Payment" button link next to the relevant contract and
complete the Payment Request form,
You may submit a request for either a partial payment ur final payment per the Scope of
Work detailed in this contract. It is wpto you xo track the remaining balance in a grant.
Yolu will not see it listed in this system, If you need that information, please contact
Debra TwerskV.
Provide a brief description of the work done under this invoice and how it relates to
your facilities project, orifa final request, how the project is impacting your
organization, under the "public benefit" section of the invoice form. Provide dates that
the work took place. That information is the only narrative report you'|U provide.
You must upload these required attachments for a Building For Culture invoice:
• Rece|pt(s)&or all work done as, partof this payment request that equal ur
exceed the total amount you are requesting. |f you have a lengthy list mf
PDFs please include am excel ur adding machine tape totaling the receipts
and gang together receipts whenever possible
• With your final invoice: One or two photographs mf the project
• |f you were asked to provide add itionaUdmcumento when you signed the
contract such asal0-9 H Form, a Certificate of Liab.ilit naming 4C�u|tuneas
additional insured, or, for public entities, a letter of self-insurance, you
should have sent those inalready.
• You may also need to provide uis with a legal description of the site of you
proiect before we can make a payment if you are making improvements to
privately owned property. Your program, manager will advise you about this
requirement.
• If your proiect involves rehiabilitation of an historic _property you will be
required to provide verification that your improvements are Grant Recipient
shaIl provide the 4Culture with verific ation that the plans and specifications
for any Project that iz for historic preservation of historic landmarks meet
the requirements of any federal, state, and local authority having
jwrUsd|cbonto assist 4[w|tuneln complying with its obligation tm verify such
plans and specification to the County pursuant to Section 7.4ofthe
Implementation Agreement.
Once you have submitted your Payment Request electronically, your program mamager
bnotNledby<hesystem — youdonutmeedtoemaiKua.HeorshevviQreviewand
approve the invoice, and we will send you a check (usually within 14 days). if any of the
forms are filled out incorrectly, vve will contact you.
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4CULTURE WILL NOT REIMBURSE YOU FOR ANY COSTS THAT ARE NOT CAPITAL COSTS.
4. 4CULTURIE LOGO —for details of the requirements for acknowledging 4Culture support,
please refer to Section ll, D. of the Agreement. The 4Cultuire logo is available for
download in PDF, EPS, and Jpeg formats.
S. SIGNATURE — Follow the link in the e-mail message - you will be walked through a few
simple steps to read and sign the Agreement at DocuSign. A copy of the Agreement will
be e-mailed to you as a PDF after it has been signed by 4Culture's Executive Director.
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BUILDING FOR CULTURE GRANT AGREEMENT
(TAX-EXEMPT BOND PROCEEDS)
This BUILDING FOR CULTURE GRANT AGREEMENT (this "Agreement") is entered
into by THE CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY ("4CULTURE"),
whose address is 101 Prefontaine PI S, Seattle, WA 98104-2672 and telephone number is
(206) 296-7580 and the Grant Recipient as named on the attached Grant Information Sheet.
Grant Recipient is an arts, cultural, heritage and preservation nonprofit organization, local public
agency or owner of designated historic structures within King County qualified to receive funds
pursuant to King County Code Sections 2,48 and 4.42 and RCW 67.28,180.
BACKGROUND
In the summer of 2015, 4Culture and King County (the "County"') established the
Building for Culture Program, a partnership to provide capital grant funding to arts, cultural,
heritage and preservation nonprofit organizations, local public agencies and owners of
designated historic structures within King County.
4Culture subsequently solicited proposals from arts, cultural, heritage and preservation
nonprofit organizations, local public agencies and owners of designated historic structures
within King County for Building for Culture grant funding to support such cultural facilities capital
projects.
The County and 4Culture entered into an Agreement for Implementation of the Building
for Culture Program, dated December 4, 2015 (the "Implementation Agreement") formalizing the
Building for Culture Program. The Implementation Agreement designates the Buildings for
Culture Program projects, including the approved grant recipients and grant amounts. In the
Implementation Agreement, the County agreed to provide Bond financing for the Building for
Culture Program, the debt service for which will be paid with certain Hotel-Motel Tax Revenues.
4Culture agreed to administer the Building for Culture Program, including negotiating and
entering into grant agreements pursuant to which 4Culture will distribute Bond proceeds to grant
recipients.
To provide funds for the Building for Culture Program, the County enacted Ordinance
18180 (the "Bond Ordinance"), which authorized the issuance of the issuance and public sale of
one or more Series of limited tax general obligation bonds of the County in an aggregate original
principal amount not to exceed $29,000,000. Any Series of Bonds may be issued and sold as
either Tax-Exempt Bonds or Taxable Bonds, as determined by the County Finance Director.
The County expects to issue a Series of Tax-Exempt Bonds and a Series of Taxable Bonds on
February 23, 2016.
Grant Recipient's Project was approved for funding pursuant to the Implementation
Agreement.
Under this Agreement, Grant Recipient shall utilize grant funds for the Project to build,
maintain, expand, preserve and/or improve new and /or existing cultural facilities in King County.
The legislative authority of 4Culture has found and declared that in so doing, the Grant
Recipient will enhance access to art museums, cultural museums, heritage museums, historic
structures, and/or the performing arts for the benefit of the people of King County. The
legislative authority of 4Culture has further found and declared that such use of such grant
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funds is consistent with the purposes set forth in RCW 67,28,180 ("Public Benefits"). The
legislative authority of 4Culture has also further found and declared that providing funds to
Grant Recipient to reimburse Project Costs in consideration of providing the Public Benefits
hereunder constitutes a public purpose within the meaning of Article VII, Section 1 of the
Washington State Constitution for which public funds may properly be expended or advanced.
F-TTZ
e
NOW, THEREFORE, in consideration of payments, covenants, and agreements
hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant
and do mutually agree as follows:
The following capitalized terms, not otherwise expressly defined in this Agreement, shall
have the meanings assigned below.
Bonds means limited tax general obligation bonds of the County issued to provide
financing for the Building for Culture Program and to pay costs of issuing the Bonds.
Code means the federal Internal Revenue Code of 1,986, as amended, together with
corresponding and applicable final, temporary or proposed regulations and revenue rulings
issued or amended with respect thereto by the United States Treasury Department or the
Internal Revenue Service.
Grant means the grant of funds to the Grant Recipient for the Project in the aggregate
amount set forth on the attached Grant Information sheet.
Hotel-Motel Tax Revenues means all of those revenues generated by the tax authorized
by RCW 67,28,180,
Project means the Grant Recipient's Building for Culture Program project identified on
the attached Grant Information Sheet and as described generally by a Project Proposal and
Budget made by the Grant Recipient, and more specifically by a final agreed upon Project
Scope of Work as drafted by 4Culture, including an identified Public Benefit.
Project Costs means Grant Recipient's actual Project Costs to the extent those costs are
(a) capital expenditures, for federal income tax purposes within the meaning of Section 1.150 -
1(b) of the Code, (b) reasonable, necessary and directly used for the Project, and (c) eligible or
permitted uses of the Grant under the legislative acts of the County and 4Culture authorizing the
Building for Culture Program, including, without limitation, the Bond Ordinance and under this
Agreement. Project Costs do not include internal costs charged to the Project by Grant
Recipient or payments made to Related Parties.
Related Parties means, in reference to governmental units or 501(c)(3) organizations,
members of the same controlled group within the meaning of Section 1.150 -1(e) of the Code,
and in reference to any person that is not a governmental unit or a 501(c)(3) organization, a
related person as defined in Section 144(a)(3) of the Code.
Series or Series of Bonds means a series of Bonds issued pursuant to the Bond
Ordinance.
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Taxable Bonds means Bonds of any series determined to be issued on a taxable basis
pursuant to the Bond Ordinance.
Tax-Exempt Bonds means Bonds of any series determined to be issued on a tax-exempt
basis, pursuant to the Bond Ordinance.
A. The Grant Recipient shall undertake the Project and comply with the
requirements set forth hereinafter and in the Project Scope of Work set forth in
the Grant Information sheet attached to this Agreement.
B. Funds awarded under this Agreement shall be used solely to reimburse the
Grant Recipient for Project Costs incurred expressly and solely in accordance
with the Project Proposal and Budget. Any amendment or modification to the
Project Proposal and Budget or the Project Scope of Work must be approved In
writing by 4Culture. No expenditures made prior to July 25, 2015 (60 days
before the Executive Finance Committee of the County adopted its "Official
Intent"' motion concerning expenditures associated with the Building for Culture
Program bonds program on September 23, 2015) for Project Costs will be
reimbursed'.
C. County Reallocation of Grant Funds. Grant Recipient acknowledges that,
pursuant to Section 6 of the Implementation Agreement, (i) if within twenty-four
(24) months following the date of issuance of the Bonds, 4Culture advises the
County that the Grant Recipient willl not be able expend a sufficient amount of
reimbursable funds on its Project to enable 4Culture to reimburse Grant
Recipient for the full amount of its Grant funds within thirty-six (36) months
following the date of issuance of the Bonds or (ii) if any allocated funds remain
unexpended upon the completion or termination of a Project, then the County
may reallocate such unexpended funds to other Building for Culture Projects or
to pay, redeem or defense Bonds. In such event, and if the County elects to
reallocate such funds, this Agreement shall be modified to reduce the amount of
Grant funds available to the Project, Grant Recipient shall exercise its best
efforts in a timely manner to keep 4Culture informed as to Grant Recipient's
progress in completing the Project.
D. The Grant Recipient agrees to use any improvement acquired, constructed, or
improved and any fixed assets purchased through this Agreement to provide
Public Benefits for the term of this Agreement. Should the Grant Recilpient, prior
to the expiration of this period, dissolve its operations, relocate outside of King
County or determine that it no longer needs the improvement acquired,
constructed or improved or the equipment purchased hereunder, Grant Recipient
shall notify 4Culture thereof and, upon 4Culture's request, without limiting any
remedy at law or in equity otherwise available to 4Culture, such improvements
(to the extent practicable) and such equipment shall be transferred, without
additional consideration to a King County based non-profit art, cultural or historic
organization selected by 4Culture in its sole discretion.
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E. Grant Recipient agrees to acknowledge 4Culture support in any permanent
signage produced for the Project, and all marketing and promotional materials,
websites, brochures, press releases, advertisements, signage and other related
materials during the period this Agreement is in force, either with the credit line
"this project was supported, in part, by an award from 4Culture/King County
Building for Culture Program", and/or by the use of the 4Culture logo.
F. The Grant Recipient agrees to notify 4Culture whenever possible in advance of
any Project Public Benefit activities, ground breaking events or dedications.
G. Any Project involving construction, restoration or rehabilitation work on an historic
structure is subject to the following additional requirements;
Any rehabilitation and/or restoration project involving an historic resource
listed on the National Register of Historic Places or a local landmarks
register, or determined eligible for said registers including a resource in
process of nomination, must adhere to The Secretary of the Interior's
Standards for Treatment of Historic Properties.
2. Any rehabilitation and/or restoration project that would affect any
designated feature(s) of significance of a King County Landmark or local
landmark designated by way of an interlocal agreement for preservation
services with the County, including a contributing property located within
an historic dlistrict, must obtain a Certificate of Appropriateness (COA)
from the King County Landmarks Commission prior to obtaining a building
permit or commencing construction.
3. Any rehabilitation and/or restoration project that would affect a designated
landmark located in a jurisdiction that is a Certified Local Government
(CLG) with professional staff, must provide evidence that it has received
any formal!, approval required by law from a qualified design review board
prior to obtaining a building permit or commencing construction.
4. Grant Recipient shall provide the 4Culture with verification that the plans
and specifications for any Project that is for historic preservation of
historic landmarks meet the requirements of any federal, state, and local
authority having jurisdiction to assist 4Culliture in complying with its
obligation to verify such plans and specification to the County pursuant to
Section 7A of the Implementation Agreement.
Ill. DURATION'OF AGREEMENT
This Agreement shall commence on the date noted on the Grant Information Sheet and
shall terminate upon the later of (1) the tenth anniversary of the completion of the Project Scope
of Work and payment of the final invoice therefor or (2) the termination of the Implementation
Agreement (fifteen (15) years following the first date of issuance of any Series of Bonds, or the
longest term of any Series of Bonds, whichever is longer). This Agreement, however, may be
terminated earlier as provided in Section V hereof,
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IV. GRANT DISBURSEMENT AND METHOD OF PAYMENT
A. 4Culture shall make disbursements of Grant funds in an aggregate amount as
indicated on the Grant Information Sheet solely to reimburse the Grant Recipient
for its actual and authorized expenditures incurred in satisfactorily completing the
Project Scope of Work and otherwise fulfilling all requirements specified in this
Agreement.
B. If the approved Project Scope of Work expressly specifies distinct phases of the
Project for cost reimbursement, Grant Recipient may apply to 4Culture for
reimbursement upon completion of each such specified phase instead of waiting
until completion of the entire Project,
C. All invoices for reimbursement shall include documentation that identifies
vendors, details costs for labor and materials and specifies the eqluipment
purchased pursuant to this Agreement (make and model #). Such documentation
shall include, but may not be limited to, purchase orders or receipts for
purchases.
D. Accompanying the final invoice for the project, the Grant Recipient shall also
submit a brief project status report and digital images of publishable quality for
use by 4Culture to publicize the Building for Culture Program,. Technical
specifications required for image files are available in the "Manage Your Award"
section of the 4Culture website.
E. All Grant disbursements are subject to site inspection and approval by 4Culture.
F. If the Grant Recipient fails to comply with any terms or conditions of this
Agreement or to provide in any manner the work or services agreed to herein,
4Culture may withhold any disbursement of Grant funds to the Grant Recipient
until 4Culture is satisfied that corrective action, as specified by 4Culture, has
been completed. This right is in addition to and not in lieu of the 4Culture right to
terminate this Agreement as provided in Section, V, any other rights of 4Culture
under this Agreement and any other right or remedy available to 4Culture at law
or in equity.
A. If, through any cause, the Grant Recipient shall fail to fulfill, in a timely and proper
manner, its obligations under this Agreement or if the Grant Recipient shall
violate any of its covenants, agreements or stipulations of this Agreement,
4Culture may terminate this Agreement and withhold the remaining allocation.
Prior to so terminating this Agreement, 4Culture shall submit written notice to the
Grant Recipient describing such default or violation. 4Culture shall not so
terminate this Agreement if 4Culture determines that Grant Recipient has, within
twenty (20) days of the date of such notice, fully corrected such default or
violation.
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B. Reimbursement for Project Costs incurred by the Grant Recipient, and not
otherwise paid for by 4Culture prior to the effective date of a termination under
subsections B and C herein, shall be as 4Culture reasonably determines.
C. In the event of termination, for cause, the Grant Recipient shall, immediately upon
4Cuilture's request and in addition to any and all other remedies available to
4Culture in equity or at law, return to 4Culture immediately any funds,
misappropriated or unexpended, which have been paid to the Grant Recipient by
4Culture and all equipment, personal property and trade fixtures acquired as part
of the Project Scope of Work.
V1. [RESERVED]
A. The Grant Recipient shall:; maintain accounts and records, including personnel,
property, financial,, insurance and programmatic records and other such records
as may be deemed necessary by 4Culture to ensure proper accounting for all
Grant funds and compliance with this Agreement. All such records shall
sufficiently and properly reflect all direct and indirect costs of any nature
expended and services provided in the performance of this Agreement.
B. These records shall be maintained for a period of six (6) years after termination
of this Agreement unless a longer retention period is required by law,
Vill. AUDITS AND EVALUATIONS
X 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 4Culture,
the County and/or federal/state officials so authorized by law during the
performance of this Agreement and six (6) years after termination hereof.
B. The Grant Recipient shall provide right of access to its facilities, including by any
subcontractor to 4Culture, the County, state and/or federal agencies or officials at
all reasonable times in order to monitor and evaluate the services provided under
this Agreement. 4Culture will give advance notice to the Grant Recipient in the
case of fiscal audits to be conducted by 4Culture.
C. The Grant Recipient agrees to cooperate with 4Culture in the evaluation of the
Grant Recipient's performance under this Agreement and to make available all
information reasonably required by any such evaluation, process. The results
and records of said evaluations shall be maintained and disclosed in accordance
with Chapter 42.56 RCW (Public Records Act).
Ix. FUTURE SUPPORT
4Culture makes no commitment to support the services contracted for herein nor
guarantee regarding the success of the services and assumes no obligation for future support of
the Project except as expressly set forth in this Agreement.
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Grant Recipient and 4Culture agree and acknowledge that the real property improved
and the personal property and fixtures acquired as part of the Project are not owned by 4Culture
and 4Culture does not expect to acquire any ownership interest in or title to the capital facilities
and/or equipment constructed or purchased under this Agreement, Grant Recipient shall not
pledge or assign its rights to reimbursement hereunder to any third party for any reason,
including, without limitation, to suppliers or subcontractors as security for Grant Recipient's
obligations to such third parties.
XI. GRANT RECIPIENT IS INDEPENDENT CONTRACTOR
In providing services under this Agreement, the Grant Recipient is an independent
contractor, and shall determine the means of accomplishing the resuilts contemplated by this
Agreement. Neither the Grant Recipient nor its officers, agents or employees are employees of
the 4Culture for any purpose. The Grant Recipient shall comply with all applicable federal and
state laws and regulations regarding employment, minimum wages and hours, and
discrimination in employment, The Grant Recipient is responsible for determining the
compensation of its employees, for payment of such compensation, and for all federal and/or
state tax, industrial insurance, and Social Security liability that may result from the performance
of and compensation for these services. The Grant Recipient and its officers, agents, and
employees shall make no claim of career service or civil service rights which may accrue to a
4Culture employee under state or local law, 4Culture assumes no responsibility for the payment
of any compensation, wages, benefits, or taxes by, or on behalf of the Grant Recipient, its
employees and/or others by reason of this Agreement. To the extent allowed by law, the Grant
Recipient shall protect, defend, indemnify and save harmless 4Culture and the County and their
respective officers, agents, and employees from and against any and all claims, costs, and/or
losses whatsoever occurring or resulting from (1) the Grant Recipient's failure to pay any such
compensation, wages, benefits, or taxes; (2) the supplying to the Grant Recipient of work,
services, materials, or supplies by Grant Recipient employees or other suppliers in connection
with or support of the performance of this Agreement, The Grant Recipient shall also defend,
indemnify, and save harmless 4Culture and the County and their respective its officers, agents,
and employees, from and against any and all claims made by Grant Recipient's employees
arising from their employment with Grant Recipient,
X1111. HOLD HARMLESS AND INDEMNIFICATION
To the full extent provided by applicable law, the Grant Recipient shall protect, defend,
indemnify, and save harmless 4Culture and the County and their respective officers, employees,
and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of
or in any way resulting from the acts or omissions of the Grant Recipient, its officers,
employees, and/or agents, except to the extent resulting from 4Culture's or the County's sole
negligence. If this Agreement is a "a covenant, promise, agreement or understanding in, or in
connection with or collateral to, a contract or agreement relative to the construction, alteration,
repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway,
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road, railroad, excavation, or other structure, project, development, or improvement attached to
real estate" within the meaning of RCW 4.24.225, the Grant Recipient shall so protect, defend,
indemnify, and save harmless 4Culture and the County and their respective officers, employees,
and agents only to the extent of the Grant Recipient's, its officers', employees', and/or agents'
negligence.
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The Grant Recipient agrees that its obligations under this subparagraph extend to any
claim, demand, and/or cause of action brought by or on behalf of any employees, or agents. In
the event 4Culture or the County incurs any judgment, award and/or cost arising therefrom
including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and
costs shall be recoverable from the Grant Recipient.
X111. INSURANCE REQUIREMENT'S
A. Grant Recipient shall procure, at its sole cost and expense, Commercial General
Liability insurance against claims for injuries to persons or damages to property
which may arise from, or in connection with the performance of work hereunder
by the Grant Recipient, his agents, representatives, employees, and/or
subcontractors. The costs of such insurance shall be paid by the Grant Recipient
or subcontractors. Each policy shall be written on an "Occurrence" basis,
B. Minimum Scope of Insurance shall be Insurance Services Office form number
(CG 00 01 Ed. 11 -88) Minimum Combined Single Limit of $1,000,000 13I & PID
with a General Aggregate per project.
C. Deductibles and Self Insured Retentions
Any deductibles or self-insured retentions must be declared to, and approved by,
4Culture. The deductible and/or self-insured retention of the policies shalli be the sole
responsibility of the Grant Recipient. Self-insured entities may provide a letter attesting to that
fact in lieu of a COLI,
D. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions:
General Liability Policies
a) 4Culture, its officers, employees and agents are to be covered as
primary additional insureds as respects liability arisingi out of
activities performed by or on behalf of the Grant Recipient in
connection with this Agreement.
b) To the extent of the Grant Recipient's negligence, the Grant
Recipient's insurance coverage shall" be primary insurance as
respects 4Culture, its officers, employees, and agents. Any
insurance and/or self-insurance maintained by 4Culture, its
officers, employees, or agents shall not contribute with the Grant
Recipient's insurance or benefit the Grant Recipient in any way.
C) The Grant Recipient's insurance shall apply separately to each
insured against whom claim is made and/or lawsuit is brought,
except with respect to the limits of the insurer's liability.
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2. All Policies
a) Coverage shall not be suspended, voided, canceled, reduced in
coverage or in limits, except as reduced in aggregate by paid
claims, at any point during the life of this Agreement. No material
change, or cancellation or nonrenewal of any policy required by
this Agreement shall occur without thirty (30) days' prior written
notice to 4Culture.
E. Acceptability of Insurers
Unless otherwise approved in writing by 4Culture, insurance is to be placed with insurers
with a Best's rating of no less than A:VIII, or, if not rated with Best's, with minimum surpluses the
equivalent of Bests' surplus size VIII.
F. Verification of Coverage
4Culture, reserves the right to request that contractor submit documentation evidencing
compliance with all requirements set forth above.
XIV. CONFLICT OF INTEREST
Chapter 42.23 RCW (Code Of Ethics for Municipal Officers -- Contract Interests) is
incorporated by reference as if fully set forth herein and the Grant Recipient agrees to abide by
all the conditions of said Chapter. Failure by the Grant Recipient to comply with any
requirements of such Chapter shall be a material breach of contract.
In addition, Grant Recipient represents, warrants and covenants that no officer,
employee, or agent of 4Culture who exercises any functions or responsibilities in connection
with the planning and implementation of the Project Scope of Work funded herein, has or shall
have any beneficial interest, directly or indirectly, in this Agreement. The Grant Recipient further
represents, warrants and covenants neither it nor any other person beneficially interested in this
Agreement has offered to give or given any such officer, employee, or agent of 4Culture, directly
or indirectly, any compensation, gratuity or reward in connection with this Agreement. The
Grant Recipient shall take all appropriate steps to assure compliance with this provision.
4CULTURE PAGE 14
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0
• z 191 &M a I kyj I I z EVROW,
Dluring the performance of this Agreement, Grant Recipient agrees that it shall not
discriminate on the basis of sex, race, color, marital status, national origin, religious affiliation,
disability, sexual orientation, gender identity or expression or age except by minimum age and
retirement provisions, unless based upon a bona fide occupational qualifications.
Notwithstanding the definition of contract as set forth in K.C,C, chapter 12,19, the provisions of
that chapter and related administrative rules shall apply to this Agreement and are incorporated
herein by this reference. They are also available online at:
http; //kingcounty.gov/operations/procurement/services/egual benefits.aspx
Grant Recipient shall comply fully with all applicable federal, state and local laws,
ordinances, executive orders and regulations that prohibit such discrimination, These laws
include, but are not limited to, chapter 49.60 RCW, and Titles VI and VIl of the Civil Rights Act
of 1964, Any violation of this provision shall be considered a default of this Agreement and shall
be grounds for cancellation, termination, or suspension, in whole or in part, of this Agreement
and may result in ineligibility for further agreements with the County and/or 4Culture.
The Grant Recipient shall maintain, until 12 months after completion of all work under
this Agreement, all written quotes, bids, estimates or proposals submitted to the Grant Recipient
by all businesses seeking to participate in this Agreement. The Grant Recipient shall make
such documents available to the 4Culture for inspection and copying upon request.
XVI. TAX COVENANTS OF GRANT RECIPIENT
Grant Recipient acknowledges that the Grant will be funded from the proceeds of Tax
Exempt Bonds and that the uses of the Grant proceeds and the Project by Grant Recipient may
impact the continued tax-exempt status of the Tax Exempt Bonds. Grant Recipient agrees take
any and all actions reasonably requested by 4Culture or the County necessary to prevent
interest on any Tax-Exempt Bonds from being included in gross income for federal income tax
purposes. Grant Recipient further agrees that it will neither take any action nor make or permit
any use of Grant funds or other (or of any other funds that may be deemed to be proceeds of
such Tax-Exempt Bonds pursuant to Section 148 of the Code), at any time during the term
thereof, that will cause interest on such Tax-Exempt Bonds to be included in gross income for
federal income tax purposes.
XVIL ADDITIONAL COVENANTS OF GRANT RECIPIENT
Grant Recipient covenants as follows:
A. Compliance with Laws. Grant Recipient shall comply with all applicable laws,,
rules, regulations and orders of any court or governmental authority that relate to
this Agreement or the Project. These laws, rules, regulations and orders are
incorporated by reference in this Agreement to the extent required by law.
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B. Real Property, Legal fifle to all real property financed with the Grant shall be
owned in fee simple by Grant Recipient, or under a lease the term of which is at
least as long as the term of this Agreement, in either case free and clear of all
encumbrances other than minor encumbrances, except as expressly approved in
writing by 4Culture. Grant Recipient shall maintain a standard form of title
insurance policy for the value of the purchase price of the property, and where
appropriate will purchase endorsements to that policy in amounts to cover
improvements, Where Grant Recipient suffers a loss that is covered by title
insurance, insurance proceeds will be paid to 4Culture, not to exceed the amount
of the Project Costs that are attributable to the real property,
C. Operation and Maintenance of the Project, Grant Recipient agrees to construct
the Project in accordance with the Project plans, specifications and budget and to
contract with competent, properly licensed and bonded contractors and
professionals in accordance with all applicable federal:, state and local laws
regulating construction of the Project. Grant Recipient agrees to have plans and
specifications for the Project prepared by a licensed architect or licensed
engineer unless expressly approved otherwise in writing by 4Culture. Grant
Recipient shall, operate and maintain the Project in good repair and operating
condition so as to preserve the Public Benefits of the Project, including making all
necessary and proper repairs, replacements, additions, and improvements.
D. Sales, Leases and Encumbrances. During the term of this agreement, Grant
Recipient shall not sell, transfer, encumber, lease or otherwise dispose of any
property the payment for which Grant Recipient receives reimbursement
hereunder as a Project Cost, unless 4Culture has granted it prior, written,
consent. Any such sale, lease, exchange, transfer or other disposition of any
substantial portion of or interest in the Project shall: be subject to assignment of
Grant Recipient's obligations with respect to the Project as provided in this
Agreement. The assignee shall be subject to 4Culture's prior written approval,
which shall not be unreasonably withheld. It shall not be unreasonable for
4Culture to withhold such approval if the proposed assignee fails to demonstrate
to the reasonable satisfaction of 4Culture that it possesses the financial
resources and operational experience necessary to undertake the Project in
accordance with the Agreement and to satisfy the indemnification obligations to
be assumed under the Agreement by such assignee. Such assignment also
shall be in form acceptable to 4Culture in its reasonable discretion. In the case
of sale, lease, exchange, transfer or other disposition of any substantial portion of
or interest in the Project to an assignee not approved by 4Culture, or pursuant to
an assignment the form of which 4Culture has not approved, Grant Recipient
shall, within 30 days of receipt of any proceeds from such disposition, pay such
proceeds to 4Culture, not to exceed the amount of the Project Costs previously
reimbursed hereunder that is attributable to the property, unless 4Culture agrees
otherwise in writings.
E. Condemnation Proceeds. If the Project or any portion is condemned, within 30
days of receipt of any condemnation proceeds, Grant Recipient shall pay such
proceeds to 4Culture, not to exceed the amount of the Project Costs previously
reimbursed hereunder that is attributable to the property unless 4Cultuire agrees
otherwise in writing.
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F. Covenants Run with the Land, 4Culture and Grant Recipient acknowledge that
the covenants and promises of Grant Recipient hereunder "touch and concern"
Grant Recipient's real property on which the Project will be implemented as more
fully described in the Project Scope of Work and that 4Culture and Grant
Recipient intend that these covenants and promises run with the land and will
bind Grant Recipient's successors and assigns.
Qluu��I�
A. MODIFICATIONS. No modification or amendment of this Agreement shall be
valid unless made in writing and signed by the parties hereto.
B. NO WAIVERS. 4Culture's failure to insist upon the strict performance of any
provision of this Agreement or to exercise any right based upon a breach thereof
or the acceptance of any performance during such breach shall not constitute a
waiver of any right under this Agreement.
C. SEVERABILITY. In the event any term or condition of this Agreement or
application thereof to any person or circumstances is held invalid, such invalidity
shall not affect other terms, conditions, or applications of this Agreement that can
be given effect without the invalid term, condition, or application. To this end the
terms and conditions of this Agreement are declared severable.
D. ENTIRE AGREEMENT, This Agreement contains the entire agreement and
understanding of the Parties with respect to the subject matter hereof, and
supersedes all prior and contemporaneous oral and written understandings,
agreements, or other undertakings between the Parties.
E. ATTORNEYS" FEES; EXPENSES, Grant Recipient agrees to pay upon demand
all of 4Culture's costs and expenses, including attorneys' fees and 4Culture's
legal expenses, incurred in connection with the enforcement of this Agreement.
4Culture may pay someone else to help enforce this Agreement, and Grant
Recipient shall pay the costs and expenses of such enforcement. Costs, and
expenses include 4Culture's attorneys' fees and legal expenses whether or not
there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy
proceedings (and including efforts to modify or vacate any automatic stay or
injunction), appeals, and any anticipated post-judgment collection services.
Grant Recipient also shall pay all court costs and such additional fees as may be
directed by the court.
F. NO COUNTY LIABILITY FOR 4CULTURE LIABILITIES. 4Culture is organized
pursuant to County Ordinance 14482 and RCW 35.21.730, et seq. RCW
35.21.750 provides as follows: "[All] liabilities incurred by such public
corporation, commission, or authority shall be satisfied exclusively from the
assets and properties of such public corporation, commission or authority and no
creditor or other person shall have any right of action against the city, town, or
county creating such corporation, commission, or authority on account of any
debts, obligations, or liabilities of such public corporation, commission, or
authority."
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G. SANDING ON SUCCESSORS AND ASSIGNS; MEMORANDUM OF
AGREEMENT. This Agreement shall be binding upon the successors and
assigns of Grant Recipient. In 4Culture's discretion, prior to the disbursement of
grant funds hereunder, the parties will execute, acknowledge and record with the
King County Recorder a memorandum of this Agreement in a form approved by
each party, which approval shall not be unreasonably delayed,, conditioned or
withheld.
H. NOTICES. Any notice, consent, demand, or other communication hereunder
shall be in writing and shall be deemed to have been given if delivered in person
or deposited in any United States Postal Service mailbox, sent by registered or
certified mail, return receipt requested and first-class postage prepaid, addressed
to the Party for whom it is intended as indicated on the Grant Information Sheet
(as may be changed by written notice to the other Party pursuant to this
provision):
INTERPRETATION. The section and subsection captions in this Agreement are
for convenience only and shall not control or affect the meaning or construction
of any provision of this Agreement,
TIME. Time is of the essence with respect to the performance of all obligations
of this Agreement.
K. GOVERNING LAW, This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington, The venue of any suit or
arbitration arising under this Agreement shall be in King County, Washington and
if a lawsuit, in King County Superior Court.
L. THIRD, PARTIES. Except as expressly provided herein, nothing in this
Agreement shall be construed to permit anyone other than the Parties hereto and
their successors and assigns to rely upon the covenants and agreements herein
contained nor to give any such third party a cause of action (as a third-party
beneficiary or otherwise) on account of any nonperformance hereunder.
M. SURVIVAL. The terms and conditions of Sections 1,11.D, VII, VIII, X1, XI�I, XIII, ,
XIV, XV, XVI and XVIII !shall survive the termination of this Agreement and shall
be continuing obligations of the parties.
4CULTURE:
4CULTURE PAGE 18
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GRANT RECIPIENT-
Enter Your Name
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2015 Fieritage CL]ItUrai Facilities
City Of TUkwila Flarks and Recreadon Department
Address Website
12424 42nd Ave S
Tukwda
Washington Email
98168
Shipping Address
12424 42nd Ave S
Tukwila
Washington
98168
Phone
(206)767- 2.342.
Pax
(206) 767-2341
Revenue last fiscal year
$2,373,049
Revenue 2nd to last fiscal year
$2,210,778
King County Council District #
8
WA State Legislative District #
11
Date Incorporated
06/23/1908
Federal Tax ID
91-6001915
WA State UBI#
Organization Director
Director of Parks and Recreation, Mr. Rick Still
Is the Organization Director the primary contact for this application?
No
Director Email
rick.sUll@tukwilawa.gov
Director Phone
(206) 767-2344
Mission
The mission of the Parks and Recreation Department is to enhance the quality of Iffe for residents,
businesses and visitors through quality recreational opportunities, services, and facilities; and to serve as
a steward for recreational and historical properties.
Project Title
Duwamish Hill Preserve - Puget Sound Salish Cultural Garden
Short Project Description
Complete installation of Puget Sound Salish Cultural Garden, exhibiting and interpreting native plants of
King County used for traditional foods, crafts and other cultural practices.
Project Discipline(s)
Heritage Interpretation
57
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Amount Requested
$250,280
Total Project Budget
$2,544,480
Venue Address
Duwmm:sh*U| Preserve
3800 115th Street
Tukwila
Washington
98168
Project Venue Notes urComments
own
King County Council District #
WA State Legislative DUstrict#
zz
Contact Person
Tukwila Porks&, Recreation Manager, Mr. Dave Johnson
Contact Phone
(2O6)767-23Q0
Contact Email
dave.johnson@tukvvi|awo.gov
Project Description
Describe the project for which you are seeking funds within the context or your vrgawiznomn's history, mission and goals.
Make o case for why this project, wr completing this phase nvaproject, is a priority for your organization =t this time. x,the
project involves restoration o,rehabilitation of = u==/gn=trd historic property, describe how the proposed work complies
with the applicable Secretary or Interior's Standards for the Treatment vfHistoric Properties ormca�/ design review
guidelines. We suggest you use about 2smwords.
The City of Tukwila requests $250,280 to support completion of our 3.3 acre Puget Sound Sa|ish Cultural
Garden at the Duwannish H|N Preserve,
BACKGROU0D� Duwarnish Hill Preserve is m 10.5 acre property that includes 40 mNUmm year old rock
outcroppings, unique native plant Communities, and 600 feet of shoreline on the Duvvannish River. The
Hill's summit offers territorial views ofMt. Rainier, the DmwamUshVaUey and the downtown Seattle
skyline. The City of Tukwila, Forterrm (formerly Cascade Land Conservancy) and the Friends of the HiN
(volunteer neighborhood group) began working together in 2001 to protect the property when the then-
owner proposed to develop it. Culturally significant for its association with Puget Sound Salish
(Lushootseud) oral traditions, the HM is a key location in the stories known as the "Epic of the YVimds.~ In
2004, Forterra and the City acquired the initial 8.6-acre upland parcel, and in 2012 project partners
purchased the adjacent 1,9-acre flat parcel. Protection of this cultural property has created one of King
County's few public open space properties that interprets Native American heritage, The City owns and
manages the Preserve; Forterma netainsa stewardship easement and is actively involved in restoration
In consultation with the Muck|eshoot and DuwamishTdbes, during 2005-09 project partners undertook
Phase restoration on the upiand portion mf the property, which opened bmthe public in 2010, following
completion of trails, viewpoints, an outdoor classroom, and landscape restoration. The first school field
trips took place in 2010-11, and hundreds ofvolunteers have worked to, remove invasive species and
debris, and to plant and monitor native plants in several habitat areas. Eight original artworks
(interpretive benches) depicting the property's cultural and natural heritage were installed in 2011, and
have become icons of the Preserve. In 2011, the Preserve received the King County Executive's Historic
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Preservation Award for Excellence in Restoration.
CURRENT WORK (Phase 2): The flat northwestern 3.3 acres of the Preserve are now being transformed
into a cultural landscape showcasing five distinct lowland habitat areas - wetland, meadow, prairie,
savannah, and woodland - based on the communities of native plants having traditional cultural uses not
oniy for ancestors of the region's indigenous people, but also for contemporary tribal members and
others interested in traditional cm|Luna[ practices. The intent here is not to create another display garden
- with more than three acres of restored habftatevaUabie, plantings M| be in sufficient quantities to
provide for sustainable annual harvests for basket making, preparation oftrad�itloma| foods, and other
cultural purposes, in addition to opportunities for heritage interpretation and recreation.
Ecological restoration of the Phase 2 project area will feature permanent exhibits of native plants
selected in consultation with the Muck|cshoot and Duwarnish Tribes and members of the Northwest
Native American Basket Weavers Association. Phase 2 will re-establish and rmakeaccess|b)e a variety of
species with traditional cultural uses, including cedar, basket sedge, tu|e,s, camas, oak, beargrass,
crabapple, sa|rnonberry, and many others. Interpretive signs with English, Latin and Lmshootseed plant
names will describe traditional cultural uses. A|ange-scaAe etched granite artwork "Puget Sound SaUsh
Seasonal Round" designed by MebLe Hanson will provide afocal point and central gathering place for the
Phase 2area. Sandstone and etched metal benches located |m the garden will interpret heritage themes
related to trod[timna� ecological know|edge. Following establishment of the cultural garden, stewardship
guidelines and protocols for sustainable harvest will be developed, with the goal of making some of the
plants avaitab|e for use each year, addressing a need identified by contemporary tribal members and
other cultural educators for access to traditional resources hound in lowland (urbanized) areas. Education
programs about plants and Native culture wffl provide public benefit in exchange for the use of these
resources.
PRIORITIZATION: Fortunately, we secured two WA Heritage Capital Projects grants totaling $650,800
toward Phase 2, along with other smaller grants; unfortunately we had to start spending the state's
funds before we secured all of the funds needed for Phase 2. We sequenced work into Phase ZA
consisting primarily of earthwork, trail construction, and wetland/meadow establishment; and 2B
consisting of interpretive elements and rema�ning landscape exhibots. Although we had to complete the
earthwork portion first for |og|st|ca� reasons, our highest priority now �s to secure funds to complete
Phase JB and open this area to the pub||c. Funds from 4Cultumaare specifically requested to support the
following elements of Phase 2B: establishment of meadow and woodland landscapes, design and
fabricot�on of an entrance kiosk, interpretive benches (5), and interpretive signs (12). Kiosk, benches and
signs are consistent with Phase 1 interpretive fixtures which are intentionally subtle, and combine organic
and industrial materials inspired by the area's *atwns| and cultural history.
ORGANIZATIONAL CONTEXT: The Preserve is important in the context of the Tukwila Parks & Recreation
(MR) Department, and the City ofTukmi\a'shistory, rn|sshmm and goals for several reasons. The Hill was
an endangered cultural site that is significant to area Tribes; it is located ln a diverse, low income
community that is under-served in terms ofopen space; there is high level of community support and
involvement led by the Friends of the Hill; and the Tukwila School District has adopted the site as an
outdoor classroom. Tukwila P&R. staff support tn two citizen advisory boards, the Parks Commission and
Arts Commission, and manage more than 20 parks and community facilities, including significant
archaeological resources and public artworks.
PRESERVATION GUIDELIWES� Ethnographic documentation identifies Duvvamish Hill Preserve as having
the Lmshoutseed place name ofStqi)x` or "Beaver Lodge.~The Preserve is potentially eligible for Natlona|
Register listing as part of a Traditional Cultural Property district, along with three nearby related sites, a
process that the Mwck|eshnntTrihe's cultural resources staff is |eading. Restoration work at the Preserve
is consistent with the Secretary of the Interior's Guidehnes for Treatment of Cultural Landscapes,
including identification of character-defining features, assessment of how the landscape has changed over
time, and preservation of historic fabric (plant material end geological features).
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Project Impact
Explain why this project is a priority for your organization and what planning you have undertaken to prepare for this
project. Describe how this project will impact your organization's operations, and how m will benefit your community, King
County, unuerserved areas and/or audiences. Use quantifiable numbers in describing how this project will impact your
npoavozamun^s ability to interpret King County history. We suggest you use about 250 words.
PRIC>RITIES& PLANNING: The Preserve is our phority because it represents an outstanding opportunity
to interpret Native American heritage, and provides a touchstone for our multi-ethnic community through
its focus on traditional cu|tuna� practices. Plann�ng began with Master Plan development (2007) and Phase
1 design (2009) with input from the Tribes, Tukwila Historical Society, local residents, and other
stakeholders. Landscape architects at5vR Design, and artist/interpretive planmerMette Hanson,
developed the Phase 2desigm with broad stakeholder input.
Phase 2 restoration is prioritized inTuhwi|a'sCapital Improvement Plan; the City contributed $750,000
toward acquisition of the West Parcel and $335,008 toward Phase 2 design. The City Council adopted a
~VVa1k and Ro||^ pedestrian and bicycle plan, which includes a future tnai| a8omg the west side of the
Preserve in the historic Interurban rail corridor, creating a multi-modal link from the existmg Green River
Trail to the planned Light Ra|�statinn 1/4 mile to the north. An Education &Interpretive Plan (2011)
guides development Of Our interpretive 0rpgrnnn and K-12 education.
OPERATIONS: Tukwila P&R operates the Preserve as part ofits park system, with a focus on
opportunities for heritage education and passive recreatium. Forterrai retains Stewardship Easement
(ownership and management interest), and ensures, that habitat stewardship, tribal cuXtura| concerns,
and educational and interpretive objectives are addressed. P&R maintenance staff is responsible for the
Preserve, and Friends of the Hill work parties help with removing invasive plants, planting and monitoring
native species, and other tasks. Twice each year, the Preserve welcomes 5D-1OU volunteers for
DuwamishA|iva events, a major regional effort to reclaim and restore properties along the Duwarnioh
River.
PROJECT IMPACT & PUBLIC BENEFIT: The primary impact of the project is to make Puget Sound 5aUsh
heritage more visible in King County. The project re-connects tr�bm| communities with their traditional
lands, provides access to those lands, and builds relationships between contemporary tribal and non
-
tribal communities.
This project directly serves the ethnically diverse, working class community of Tukwila, where 8096 of
district students qualify for free nr reduced-price meals, and 3796 are transitional bilingual speakers, an
indication of the population who are recent immigrants. The Duvvannish Valley had the largest
concentration of pre-contact Native American wintervi|Vages in all mfKing County, The Preserve presents
an opportunity to introduce Tukwiia's (and King County's) current residents to the area's Native
American culture through traditional stories, place names, and environmental awareness, as an "outdoor
museum" interpreting these endangered aspects ofimca] heritage.
With community involvement in Phase 2 and ongoing public access to the Phase 1 area, our project has
good momentum and visibility. With recent openings of tribal museums atTu|a0p and Suquamish, and
cultural programs at the nearby Dowamish Lnnghouse, we anticipate that public interest in regional
Native American heritage will grow. The Preserve offers an opportunity for tourists and King County
residents to visit a Aandscapethat celebrates both the antiquity and the survival of Native American
cultures in our region.
In terms of public access, each year over 500,008 peop�e access nearby P&Rfad|iMes (Starhre Sports
Park at Fort Dent, Foster Golf Course, Tukwila Community Center, and Green RiverTnyi|). Users of these
facilities will be encouraged to visit the Preserve through directional signage and promotional information.
As the cultural significance of the site becomes better known through media and educational programs,
residents and visitors who want to know more about local Native American heritage will seek out the site.
oouu8ign Envelope 0:7F**e7BEa9F9-4ure~^smF-7e1*xEBo8x12
HERITAGE INTERPRETATION: Acquisition of the West Parcel more than doubled the Phase 2 project area,
greatly expanding opportunities for interpretative displays and programs related to the cultural
landscape. The link between traditional stories, Lushomtseed place names and native plants ia strong im
the area surrounding the Preserve - rock outcroppings bear the names of characters in the Epic of the
Winds stories (also called North Wind and South Wind), and these characters weave baskets out of
cattails, cedar roots and other materials, to collect rain water and flood the Duwnmmish River. This battle
of the winds is re-enacted annua|�y during tempestuous spring storms when Chinook winds bring warm
rains that chase away winter weather. Visitors to the Preserve have a chance to |eairn first-hand about
several aspects of Puget Sound Sak|sh oral tradition.
Relevant Expertise / EwPerience/ Accomplishments
Identify relevant members °, your staff, »utm paid and volunteer, outside consultants, design team, p,ojectmvawvger(s), and
their respective qualifications and responsibilities. Be sure your project's key personnel reflect expertise in the project
area. We suggest you use about 250 wvmmm.
The Preserve Management Team, comprised of City of Tukwila and Fmrtcrna staff, Friends of the Hill, and
project consultants, has worked collaboratively for more than a decade. Phase 3 restoration will be
managed by Dave Johnson, P0,R Manager. Tukwila P&R staff directed Phase 1 work at the Preserve in
partnership with Forterra, led the Management Team's efforts, developed budgets for the project, and
managed cmrnnnunity outreach. In addition, a landscape architect on the Tukwila Public Works staff will
provide in-kind des�qn services for Phase 2B planting. Fmrterra project lead Hayes5minmey, Lands
Stewardship Director, works closely w0 City staff, and has been involved in several nfFmrterra'smajor
restoration efforts in King County.
Nate Cormier, landscape architect at SvR Design, led the Master Plan and Phase 1 and 2 design
development processes; he recently decamped out of state but his colleagues ]mnn|har Lathrop and Justin
Martin are ably providing construction administration and design oversight. Artist and interpretive planner
Matte Hanson (known for her work for Forterra, IsUandvvnod, and Woodland Park Zoo) created eight stone
and nnete| interpretive benches for Phase 1 conveying natural and cultural history themes, and she will
design five rnore for Phase 2. Shea�su designed the Seasonal Round gathering place, and will design and
oversee construction of the kiosk and interpretive signs. Cultural resources consultant Holly Taylor
developed the Education &Interpretive Plan for the Preserve, and assists with tribal consultation,
development ofheritage inLerpreUvecontent, and fund raising.
Other members of the ManagermentTmam include landscape architect Brooke Alford (Friend of the Hill,
Watershed Steward and Tukwila P�anningComno�ssioner); and Sean Albert (Friend ofthe Hill and Tukwila
Parks Commissioner), who lead volunteer recruitment and community engagement, and serve as
neighborhood advisors.
Project Implementation
Clearly state your project's timeline and priorities. Evpx,m how you expect this project to be implemented. Summarize in
simple language the work that will be completed with 4Culture funding. Identify other funding sources, cash and in-kind, to
demonstrate community support for this project. zr you have a|vnm-trrm^ complex project, describe the "big picture" project
and: umemnnfor completion, along with specifics about the phase for wx/wm funding is requested. vwm suggest you use about
250 words.
After acquiring the West Parcel in 2012, we undertook a series of planning studies on the Phase Z project
area in 2013-14, completed design development in early 2015 and began Phase 2A construction in July
2015. We are prepared to commence with Phase 2B work as soon as funding is available.
Our project budget highlights the elements for which we are requesting 4Cultume funding, and presents
them in priority order: (1) design work on the kiosk, benches, and signs; (2) installation and
establishment of remaining cultural landscape areas; (3) entrance kiosk (plus permits); (4) interpretive
benches; (5) interpretive signs. It would be efficient and preferable to proceed with all of these tasks in
DocuSign Envelope ID: 7FA497BE-B9F9-4275-A63F-76lAlEBD8Al2
early 2016 so that we can open the completed Phase 2 a:reatothe public by summer 2016 without
delay; however, it would be possible to prmceedsuquenda8y as funding is secured. The management
team deferred one element of Phase 2, construction of program shelter, umW mid-2016, after
earthwork and plantings are completed and the area is open to the public, so that sight lines and visitor
habits (including use of formal and inforrna� trails, and experiences ofvisiting K-1Zdasses) can be taken
into account im finalizing the shelter's location and proceeding with dms�gn.
4Cu8ore's support for this project provides tangible recognition of the cultural value of the Preserve.
Unlike museums which collect and interpret artifacts, with this project the landscape itself isa curated
artifact, and the "exhibits" are living examples of restored native plant communities, with interpretation
focused on the traditional cultural uses ofthese resources by Puget Sound Sa|ish people.
Forberra hosts the Preserve's web site www.duwarmishh|N.org (also linked from Tukwila P&R) which will be
expanded in the coming year to include educational and interpretive naswurces. In addition to web
posting, project puNicity is sent to area media incuding the Seattle Times, community newspapers in
Burien, Renton and West 5eaUfle, and the TukMa b|og. We also contribute articles to the City of
Tukvvi|a's newsletter and Forterra's quarterly magazine (online and pr�nt). Project information is also
shared with the Green Duwarnish Watershed Alliance and the Duwamish River Cleanup Coalition which
seek to promote puMc interest in the river. We are delighted that the Preserve was featured in this
year's Duvvannish Revealed project, and has hosted regional gatherings of educators for storytelling and
programs about the Duvvanmish River Valley.
In terms of the "big picture^ of the Dummrnish Hill Preserve project, im|da| acquisition was completed in
2004 for $998,700; Phase 1 was completed in 2010 for $825,000; and project partners raised another
$1,050,000 to acquire the West Parcel in 2012. Funding for acquisition, planning, a,nd Phase 1 and 2
design and construction has been provided by multiple grants from at least ten different public agencies;
a dozen corporate, tribal and foundation funders| and many individual donors who gave either money or
t[nne. We appreciate 4[u|ture's support for every step of this project, including most recently for
acquisition of the West Parcel ($50,000) and archaeological survey ($13,6OO).VVeare proud that the
Preserve's cultural and natural resource values are reflected in the brood support from both
environmental and heritage funders.
Externally Hosted Work Samples
Dccu&gn Envelope IID 7FA497BE-Bgf��,9-4275-A63�-76IAlFB08Al2
4CULTURE 2015 FACILITIES PROJECT BUDGET
i
I EXPENSE
I Cash Expense
I ln�Klnd
DE9IGN:
�SvR Landscape Arch + subs 1 "19,0001
Mette Parison des�pro�.mgmt
44fl'Mul
CONSTRUCTIOW
Pre-plann7g slud�es
Phase 2A (currently unaerway)
2A gatheiring pIace artwork
$30,M
!Phase 26 inslaflation TfJ1-6)
$6,40�'
Friends of the Hill work parties
Program shelter
PROJECT MGMT:
,7ty-77—uRwila staR $99710
'FURNITURE, FIXTURES & EQUIPMENT�!
Three-Mcled entrance kiosk $20,550
Five standstone bench MOM
$10,GOO
Etaed Mal 1M. bencFbacks
$15,007
12 etched metal Werp. s�gns
$719
SOFT COSTS:
Shoreline, bIdg perFE71FUT-1 $6,157
LAINDIBUILDING ACQUISITION:
West Parcel acqu�sifion
FINANCING:
so[
FUNDRAISIING:
OTHER:
Archaeology moMtoring, conFn
"7001
TOTALS:
$2,4"�UIIA
GRAND TOTAL EXPENSE:
$2,544,480
CASH + IN-KIND MAIL
63
DocuSign EnvOcpe U 7FA49ZBE-B9F9-4275.A63F-761IAlEBDBA12
4CULTURE 2015 FACILITIES PROJECT BUDGET
PROJECT BUDGET NOTES; City of TulkwIlia Parks and Recreation Department
Use the space below to add any additional information you feel is necessary to explain a category or line item
[INCOME) government funding: al:l cash income is confirmed and committed to Phase 2 except WA Recreation & Conservation Office, which will be
requested for next year, along with the Muckleshoot grant, for the (deferred)� program shelter.
In-kind City staff: P&R Director 4hrs/mo x 24 me.; P&R mgr 60 hirs/mo. (2015 major construction), 20 hrs/mo (2016); P&R dep.& admin assist each
10hrs/mo. Staff serve as project managers for contracting & construction, supervise field staff on cap project, grant admin.
Other staff in-kind is targeted construction tasks that maintenance staff can efficiently perform (fence removal, irrigation installation), and
suppiemental design tasks. In-kind work parties: Friends of the Hill avg. 15 people x 3 hrs x 4 per year x $20/hr = $3,600 per year;
Duwamish Alive events at least 50 people x 3 hrs x 2 per year x $20/hr = $6,000 per year. Alf in-kind is 2015-2016.
[EXPENSES) design: SvR fee = City CIP funds; Mette's Phase 2B fee (structures design, content, graphics, fabrication oversight) $S,000 for entrance
kiosk, $16,000 for benches; Mette's work on Phase 2A Seasonal Round artwork & interp. sign design included in SvR fee.
Preplanning studies = King Conservation District (hydrology, soil, topography, crew time) and 4Culture funds (archaeological survey)
Construction phase 2A and gathermg place artwork = WA HCP funding; work is currently underway and includes major excavation to remove &
relocate up to 6 feet of fill in wetland areas, pius trails, soil prep, some planting, irrigation, erosion control, etc.
Construction phase 2B installation combines conservation crew days & volunteers, reducing costs by $140,000 compared to commercial bid;
installation inciudes, plants, crew time, soil prep, establishment for woodland IdrV/wet buffer, forest, shrub areas), meadow area!
Program she,lter: this element will be deferred as phase 2C, following completion of phase 2A and 2B, to that siting and design decisions can better
take into account visitor needs and habits. Any unneeded contingency funds will be applied here,
Kio,sk to be fabricated from peeled cedar logs, with custom metal armature, in keeping with Phase I design aesthetic which combined organic and
industrial materials (materials $5,750; construction/installation $6�,500; panel design, fabrication, installation $8,300)
Interpretive benches made from blocks of Wiikeson sandstone (sirnilar to what was quarried in Tukwila ca. 1900) w/etched metal artwork on
traditional ecological knowledge themes; design for 5 new benches is consistent w/8 benches installed on the Hill in 2010
Interpretive signs (12 free standing) incorporate Duwamish traditional basketry design, identify cultural landscape elements, describe traditional
cuitural uses of plants
Permits for kiosk construction are outrageously expensive due to state shoreline management jurisdiction, We tried to negotiate a more reasonable
fee, and we got nowhere with that.
Acquisition = City REET (Real estate excise tax), King County Conservation Futures and 4Culture funding
Fundraising and cultural resource planning = City funding
M.
DocuSign Envelope 0: 7FA497BE-B9F9-4275-A63F-76lAlEBD8AI2
YO�UR ORGANIZATION NAME: Tukwila Parks and Recreation Dept.
Your fiscal year ends: 12/31
ACTUAL
ACTUAL
THIS YR
DO NOT INCLUDE ANY CAPITAL INCOMEIEXPENSEI
20,13
2014
20,15
Operating Expenses:
Personnel:
1 - Artistic
2 - Production
3 - Administrative
4 - Education (Rec staff incl. arts & Culture)
Production/Exhibition expenses
Marketing/Promotion expenses
Fundraising expenses
Education program expenses
Occupancy expenses
Travel and Transportation
Administrative expenses
SUBTOTAL
in-Kind expenses (= In-Kind Income)
TOTAL OPERATING EXPENSES
375,057
445,860
333,287
1,835�,721
1,927,189
1,362,240
2,210,778
2,373,049
1 �6,95,527
2,210,,778
2,373,049
1,695,527
Earned Income:
Box Office/Adm�ssions
Memberships
Tuition/Wo�rkshops
Concessions Sales/Rental
Interest & Investment Income
Other earined income
TOTAL EARNED INCOME
Earned income percentage
440,000
566,000
470,000
440�000
566,0010
470,000
20%
24%
28%
EARNINGS GAP
(1,770,778)
�1,807,049
(1, 25,527)
Contributed Income:
ArtsFund
Corporations
Foundations
Federal Government (NENNEH/lIVIS)
State Government
4CULTURE
City Government
Individuals
Benefits / Galas / Guilds
ln-K�nd contributions (= In-Kind expenses)
Other contributed income
Transfers from reserves/endowment
TOTAL CONTRIBUTED INCOME
Contributed income percentage
GRAND TOTAL INCOME
1,770,778
1,807,049
1,225,527
1,770,778
1,807,049
1,225,527
80%
76%
72%
2,210,778
2,373,049
1,695,527
SURPLUS (OR DEFICIT)
Depreciation (express as a negative)
SURPLUS OR JD,EFICIT) after depreciation
0
0
0
0
0
65
Oocu8ign Envelope ID: EBD8Al2
Tukwila Parks and Recreation Department
A note regarding the balance sheet:
As a public agency, we do not have the opportunity to allow our expenses to exceed our
income in any given year, therefore balance sheet would simply replicate the income and
expense figures submitting in our operating budget. Based on consultation with Eric Taylor,
we have omitted the balance sheet.
DocuSign Envelope ID: 7FA497BE-B9F9-4275-A63F-76IA1EBD8Al2
TUKWILA
PARKS & RECREM-10N
City of Tukwila Park Commission
Membership: 5 members/3-year term
Board Type: Advisory
Liaison: Parks and Recreation Department Representative
Major duties: Advise City officials regarding the acquisition, development, expansion and
operation of parks and recreational facilities and programs.
Appointed by Mayor, Confirmed by Council, Ord. 1018
Position
Member
Term Expires
Confirmed by Council
#1 (Resident)
Sean Albert
03/31/2016
08/03/2009
#2 (Resident)
Alice Russell
0'3/31/2018
12/01/2003
#3 (Resident)
Joanne McManus
03/31/2017
04/19/1999
#4 (Resident)
Michael Martin
03/31/2018
04/06/2015
#5 (Resident)
Don Scanlon
03/31/2017
04/18/2011
Student Rep.
vacant
67
Dnnveign Envelope ID: 1fwEBD8Al2
CITY ()FTUKWILA'S PARKS AND RECREATION DEPARTMENT - PROGRAMS AND SERVICES
The City ofTukvv|a's Parks and Recreation Department offers o wide range of events, programs and
activities to Tukwi|a's citizens and the general pub|ic. Programs are designed for people of all ages,
abilities, and incomes with a focus on providing opportunities that enhance a person's quality of life
through social, environmental, and wellness activities. In addition to programs, a variety of annual events
are held throughout the Ciby. Events focus on providing resources, building community, and creating
opportunities for cultural enrichment.
The program areas oy focus include the following;
Community Events offered throughout the year at various sites include the following;
Event
Brief Description
Annual Attendance
Pre School Aged
The Department provides a pre-school, program for
80O
Activities
children two and a half to four years old. Additionally,
200
1000
enrichment programs such as dance, gymnastics, and
1000
Annual Tukwila Art Show - Mlay
group play times is offered,
Touch A Truck Event - July
Youth Programs
Youth programs target children ages five to twelve. A
800
Tukwila Kids Festival - August
wide variety of activities are offered, including before and
1500
200
after school programs, summer camp programs, arts
800
Family 4'�' of July Event - July
programs, sports leagues, aind sport camps. Enrichment
Tukwila Heritage Festival - December
400
progra s include dance, martial arts, and music lessons.
1200
Teen Programs
Teen Programs serve ages thirteen to eighteen. Programs
include teen late night activities, basketball leagues, teen
1500
Fitness/Athletics
A wide variety of fitness classes are offered - teens, adults
and Dance
and seni:ors all participate. Boot camp, African Dance,
25,000
Zumba, Jazzercise, Sports leagues, Women's only fitness,
open basketball and a well -established cardio/weiq��.
Volunteer
Opportunities to volunteer is available to all ages. Habitat
Activities
restoration activities, giving programs, and volunteer
7,0,00 volunteer
opportunities within programs such as teen late night or
hours annually
senior p
Senior Programs
Senior programs are offered to anyone over the age of 50.
Programs include active recreation opportunities such as
3,700
hiking, sports leagues, and dancing, Enrichment programs
such as painting and social programs are also offered.
Additionally a variety of services is, offered, including Meals
on Wheels, Foot care, and other human service needs.
Community Events offered throughout the year at various sites include the following;
Event
Attendance
Attendance
Dr. Seuss Reading Event - March
80O
Family Movie Nights -
150,0
Backyard Wildlife Festival - May
1000
Peanut Butter & Jam Concert Series -
July and August
1000
Annual Tukwila Art Show - Mlay
700
Touch A Truck Event - July
1500
Teen Summer Kickoff Festival - June
800
Tukwila Kids Festival - August
1200
Community Kitchen Event(s) -
quarterly
200
Halloween Carnival - October
800
Family 4'�' of July Event - July
5000
Tukwila Heritage Festival - December
400
See You in the Park Event Series -
July and August
1200
Spirit of Giving - December
400
Tukwila Parks and Recreation partners with several organizations to provide opportunities for citizens tm
experience Parks in Tukwila. 0uwarnish Hill Preserve is one particular park that is a site for volunteer
activities such as 8uvvarnish Alive Events, Friends of the H||| volunteer activities, and e variety of
stewardship activities coordinated by our partners at Forterra. Duwannish Hill Preserve has also been a
part of the nmnue| birding tour - a component of the annual Backyard Wildlife Festival.
City o[ Tumna
• Community Affairs and Parks Committee
August 24, 2015— 5:30 p.m. — Hazelnut Conference Room
PRESENT
Councilmembers: Verna Seal, Chair; Dennis Robertson, Allan Ekberg
Staff: David Cline, Dave Johnson, Laurel Humphrey
CALL TO ORDER: Chair Seal called the meeting to order at 5:30 p.m.
1. PRESENTATIONS
11. BUSINESS AGENDA
A. 4Culture Heritage Cultural Facilities Grant Application
Parks staff is seeking Committee approval to apply for $250,000 from the 4CWture Heritage
Cultural Facilities Grant for the Duwamish Hill Preserve. Construction of Phase 2 is approximately
50% complete. If the application is successful, the grant funding will provide for an entrance kiosk,
ethnobotanical and wayfinding signs, bench blocks and backs, and plantings. There is no required
match from the City. Committee members were supportive of the pursuit of this grant. They also
discussed that it might be a good idea to review the policy requiring staff to gain Committee
approval prior to any grant submission. UNANIMOUS APPROVAL.
Ill. MISCELLANEOUS
Meeting adjourned at 5:36 p.m
Next meeting: Monday, September 14, 2015
Committee Chair Approval
Minutes by LH
5-•