HomeMy WebLinkAbout13-141 - King County - Duwamish Gardens Acquisition Services13-141
Council Approval 8/5/13
AGREEMENT BETWEEN KING COUNTY AND
THE CITY OF TUKWILA
FOR ACQUISITION SERVICES FOR THE
DUWAMISH GARDENS HABITAT RESTORATION
ENHANCEMENT PROJECT
THIS AGREEMENT is made and entered into by King County, Washington on behalf of King
County ( "County ") and the City of Tukwila ( "City "), collectively referred to as "Parties."
WHEREAS, the City is desirous of contracting with the County for the use of the County's staff and
services necessary to acquire and /or exchange 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 Acquisitions Unit, to provide the services
of contracting for appraisal, title and escrow, environmental reports and review and conducting reviews of title
and appraisal reports, and right -of -way personnel to assist the City in its acquisition or exchange of property in
connection with the surplus as directed by the City. Funding for said services will be through funds held by the
County and/or CFT Funds and /or other City sources of funding.
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.
II. The City shall restrict the use of those properties acquired under this Agreement via deed
restrictions to uses that are consistent with those recorded on the existing Duwamish Gardens property or
consistent with current acquisition granting agency policies.
III. 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.
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 costs that will be billed by the County are determined as follows:
1. An amount equal to the normal hourly salary of the personnel involved for each hour
involved in City work, plus
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 (2013 rates):
Title Work
Appraisal Services
Project Management
$84.86 per hour
$105.00 per hour
$110.16 per hour
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These rates reflect actual 2013 costs. Rates will be adjusted annually in January to reflect
actual staff and operating expenses.
4. Actual costs for title and title review, appraisal and appraisal review, administrative costs
or other services required to acquire the property.
5. The total amount of payment to King County for this work shall not exceed $50,000
without express written modification of this Agreement signed by the City.
VI. The County, while providing project management services to the City, shall also be
responsible for reporting to the City all progress made and will provide an invoice for services billed at regular
intervals. The County shall observe and abide by all applicable requirements and laws related to the retention
and disclosure of public records with regard to all records prepared by the County for the City or prepared in
conjunction with this Agreement.
VII. This Agreement may be amended, altered, clarified, extended, or terminated only by the
written agreement of the Parties hereto.
VIII. This Agreement is not assignable by either Party, either in whole or in part.
IX. The City shall observe and abide by all applicable requirements related to the procurement of
goods and services as mandated by law.
X. The City shall defend, indemnify and hold the County, its officers, agents, officials,
employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including
attorney fees, arising out of or in connection with the City's performance of its obligations under this
Agreement. The County shall defend, indemnify and hold the City, its officers, agents, officials, employees
and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees,
arising out of or in connection with the County's performance of its obligations under this Agreement.
This Agreement will be effective the day of
2013 for a period of one year.
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IN WITNESS WHEREOF, authorizing representatives of the Parties hereto have signed their names in the
spaces set forth below.
CITY OF TUKWILA
BY
TITLE
DATE E 'cal I '13
APPROVED AS TO FORM:
BY `
DATE `, 5
KING COU T , WASNGTON
BY
TITLE
DATE
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