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COW 2012-03-26 Item 4B - Grant Agreement - Duwamish Hill Preserve from 4Culture Heritage Cultural Facilities for $50,000
COUNCIL AGENDA SYNOPSIS Initials ITEM NO. Meeting Date I Prepared by I Mayor's review I Cou l gwiew 03/26/12 I RS ,mac c- I TIV, 04/02/12 RS I 4.6 ITEM INFORMATION STAFF SPONSOR: RICK STILL I ORIGINAL AGENDA DATE: 3/26/12 AGENDA ITEM TITLE Duwamish Hill Preserve: 4Culture Heritage Facilities Grant CA1 EGORY ®Discussion ®Motion El Resolution ❑Ordinance ❑Bid Award F Public Hearing Other Mtg Date 3126112 Mtg Date 412112 Mt g Date Mt Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor HR DCD Finance Fire IT P &R Police PWI SPONSOR'S A 4Culture Heritage Cultural Facilities Grant has been awarded in the amount of $50,000 SUMMARY to be utilized towards acquisition of the western parcel of land adjacent to Duwamish Hill Preserve. (no funding match required) Parks and Recreation is seeking Council approval for the Mayor to enter into a contract so the City can receive the funds. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 3/12/12 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Parks and Recreation COMMITTEE Unanimous Approval; Forward to Consent Agenda of Regular Meeting COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N /A $N /A $N /A Fund Source: N/A Comments: Matching funds for this grant are not required IMTG.DATEI RECORD OF COUNCIL ACTION 3/26/12 MTG. DATE I ATTACHMENTS 3/26/12 Informational Memorandum dated 3/7/12 Contract with 4Culture accepting $50,000 grant award Minutes from the Community Affairs and Parks Committee meeting of 3/12/12 4/2/12 111 112 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Rick Still, Parks and Recreation Director� DATE: March 7, 2012 SUBJECT: Duwamish Hill Preserve: 4 Culture Heritage Cultural Facilities Grant ISSUE A contract with 4Culture to accept grant funding in the amount of $50,000 for the Duwamish Hill Preserve project. (no matching funds required). BACKGROUND As identified in the policy statements, the Duwamish Hill Preserve (DHP) is the highest priority capital project listed in the Parks, Recreation and Open Space plan. In May of 2011 staff presented an update to the Community Affairs and Parks Committee detailing the progress of the DHP project. This memo is intended to inform the Committee of a $50,000 grant that has been awarded from 4Culture's Heritage Cultural Facilities program. 4Culture describes the Cultural Heritage Facilities program as follows: 4Culture's Heritage Cultural Facilities program plays an important part in assisting the heritage community with critical work that enhances the quality of life in King County, and creates a unique and authentic sense of place for residents and visitors in this rapidly changing region. This annual program funds the purchase, design, construction, and remodeling of heritage facilities throughout the county, and the purchase of equipment intended to be used for at least 10 years. (Source: www.4culture.org) DISCUSSION 4Culture Heritage Facilities: In 2011 the City applied for funding through the Heritage Facilities Program and was awarded $50,000 towards the acquisition of the western parcel of land located adjacent to DHP. A contract with 4Culture for distribution of the funds is attached. Matching funds are not required for this grant. The grant is to be utilized for acquisition of the western parcel of land adjacent to Duwamish Hill Preserve. The Committee is being asked to forward this to the full Council to authorize the Mayor to sign a contract with 4Culture to accept grant funding in the amount of $50,000 for the Duwamish Hill Preserve project. (no matching funds required). RECOMMENDATION The Council is being asked to consider this item at the March 26, 2012 Committee of the Whole Meeting and subsequent April 2, 2012 Regular Meeting. ATTACHMENTS 4Culture Heritage Facilities Contract 113 114 Agreement No. 111698H Contractor's Federal Taxpayer ID No. (Last 4 Digits) 1915 Contractor City of Tukwila Parks and Recreation Department Services Provided: Facilities Construction Fixed Asset Purchase Contract Amount: 50,000.00 Fund Source: CP Combined Facilities /Real Estate CONTRACT FOR CAPITAL CONSTRUCTION FIXED ASSET PURCHASE, THIS CONTRACT 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 Citv of Tukwila Parks and Recreation Deoartment (the "Contractor whose address is 12424 42 Avenue S. Tukwila WA 98168, and telephone number is (206) 767 -2332. Contractor is an art, cultural or historical organization qualified to receive funds pursuant to King County Code Sections 2.48 and 4.42 and RCW 67.28.180 and as hereinafter may be amended. The 4Culture Board of Directors approved providing funds for this project by Motion No. 2011 -61. 4Culture desires to provide funds with which the Contractor shall render certain services in connection with acquisition of land parcel that will benefit the Duwamish Hill Preserve's cultural garden in providing cultural services to King County citizens. Such services are for the benefit of citizens, art museums, cultural museums, heritage museums, the arts, and /or the performing arts and are consistant with those defined in RCW 67.28.180 "Public Benefit Services 4Culture is organized pursuant to King 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." The legislative authority of 4Culture has found and declared that providing funds to Contractor to reimburse Project costs in consideration of services provided hereunder constitutes a public purpose with the meaning of Article VII, Section 1 of the Washington State Constitution for which public funds may properly be expended or advanced. 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: Capital Construction Fixed Asset Purchase Agreement 2012 Page 1 of S 115 I. SCOPE OF SERVICES A. The Contractor shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits which are incorporated herein by reference: ®I Project Proposal and Budget I Attached hereto as Exhibit A ®I Specific Scope of Work Attached hereto as, Exhibit I B Insurance of Requirements Attached hereto as Exhibit C Public Benefit Provisions Attached hereto as Exhibit D Personnel Inventory (K.C.0 12.16.060A)(In combination with Attached hereto as Exhibit E other agreements, in excess of $25,000 in a calendar year) Affidavit and Certificate of Compliance (K.C.0 12.16.060B) Attached hereto as Exhibit F (for Aqreements in excess of $25,000) Disability Assurance of Compliance /Section 504 Attached hereto as Exhibit G (KCC 12.16.060D) B. Construction and Fixed Assets Purchase. Funds awarded under this Agreement shall be used solely to reimburse the Contractor for expenses incurred expressly and solely in accordance with the Project Proposal and Budget and the Specific Scope of Contract Work. Any amendment or modification to the Project Proposal and Budget or the Specific Scope of Contract Work must be approved in writing by 4Culture. The work described generally,by the, Project Proposal and Budget and more specifically by the Specific Scope of Contract Work shall hereinafter be referred to as the "Project C. In addition to performing the Project, Contractor shall provide the Public Benefit Provisions as specified in the Public Benefit Provisions. D. The Contractor agrees to use any improvement constructed and any fixed assets purchased through this contract to provide Public Benefit Services for a period of not less than 10 years,from the date of purchase. Should the Contractor, prior to. the expiration of this ten -year period, dissolve its operations, relocate outside of King County or determine that it no longer needs the improvement constructed or equipment purchased hereunder, Contractor shall notify 4Culture thereof and, upon 4Culture's request, 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. E. The Contractor agrees to acknowledge 4Culture as a source of support for theProject-in prominently located permanent signage utilizing the following logo: 4 A Approved logos are available for download in a variety of formats at C U LT U R E http: /www.4Culture.org KING COUNTY LOOOING TAX F. The Contractor agrees to notify 4Culture in advance of any public Project activities, including but not limited to ground breaking events, dedications, and other public programs. Capita] Construction Fixed Asset Purchase Agreement 2012 Page 2 of 8 116 II. DURATION OF CONTRACT This Agreement shall commence on December 15. 2011 and shall terminate upon the later of (1) completion of the Specific Scope of Contract Work and payment of the final invoice or (2) the end time period specified, if any, Public Benefit Provisions. This Agreement, however, may be terminated earlier as provided in Section IV hereof. III. COMPENSATION AND METHOD OF PAYMENT A. 4Culture shall reimburse the Contractor for its actual and authorized expenditures incurred in satisfactorily completing the Specific Scope of Services and otherwise fulfilling all requirements specified in this contract in an aggregate amount not to exceed $50.000.00. B. Contractor may apply to 4Culture for reimbursement upon completion of specified phases of the Specific Scope of Services pursuant to the following Reimbursement Schedule: Phase Description Amount Available Expected Date of No. for Reimbursement Completion 1 -2 Acquisition of 1.75 -acre parcel to $50,000.00 December 31, 2013 expand the Duwamish Hill Preserve's cultural garden. C. All invoices for reimbursement for specific phases of the Project shall include documentation that identifies vendors, details costsz for labor and materials and specifies the equipment purchased pursuant to this contract (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 Contractor shall also submit: 1. A project status report that documents costs (including costs not reimbursed by 4Culture funds) and identifies funding sources. 2. At least two images (prints, slides, or digital images accompanied by a high- quality print- out) of publishable quality for use by 4Culture to publicize the Cultural Facilities Grant program. Photos shall have credits, caption information, and permission to publish. E. All payments are subject to site inspection and approval by 4Culture. F. If the Contractor fails to comply with any terms or conditions of this contract or to provide in any manner the work or services agreed to herein, 4Culture may withhold any payment to the Contractor 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 contract as provided in Section IV, any other rights of 4Culture under this Agreement and any other right or remedy available to 4Culture at law or in equity. Capital Construction Fixed Asset Purchase Agreement 2012 Page 3 of 8 117 IV. TERMINATION OF AGREEMENT A. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement or if the Contractor 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 Contractor describing such default or violation. 4Culture shall not so terminate this Agreement if 4Culture determines that Contractor has, within twenty (20) days of the date of such notice, fully corrected such default or violation. B. Reimbursement for services performed by.the Contractor, 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 Contractor shall, immediately upon 4Culture'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. Contractor by 4Culture and all equipment, personal property and trade fixtures acquired as part of the Specific Scope of Contract Work. V. SECURITY AGREEMENT A. Contractor grants to 4Culture a security interest in the fixed assets and equipment purchased in whole or in part with funds provided under this Agreement including all attachments, accessions accessories, tools, parts, supplies, increases, and additions to and all replacements of and substitutions for such property and all proceeds. thereof (the "Collateral to secure the Contractor's obligations under this Agreement (the "Indebtedness Contractor authorized 4Culture to file such financing statements and Contractor agrees to take whatever actions are requested by 4Culture to perfect and continue 4Culture's security interest in the Collateral. Contractor hereby appoints 4Culture as its irrevocable attorney -in -fact for the purpose of executing any documents necessary to perfect or to continue the security interest granted in this Agreement. Contractor shall not sell, offer to sell, or otherwise transfer or dispose of the Collateral.. All proceeds from any disposition of the Collateral (for whatever reason) shall be held in trust for 4Culture. and shall not be commingled with any other funds. Contractor shall promptly,. notify 4Culture of any loss or damage to the Collateral. 4Culture may make proof of loss if Contractor fails. to do so within fifteen (15) days of the casualty. All proceeds of any insurance on the Collateral, including:. accrued proceeds thereon, shall be held by 4Culture as part of the Collateral. B. Each of the following shall constitute an Event of Default under this Agreement: (1) Failure of Contractor to make any payment or, otherwise- perform an obligation when due on the Indebtedness; (2) The dissolution, liquidation, or any other termination of Contractor's existence as a going business the insolvency of Contractor, the appointment of a receiver for any part of Contractor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any,, bankruptcy or insolvency laws by or against Contractor; (3) Commencement of foreclosure or forfeiture, proceedings, whether by judicial proceeding, self -help, repossession or any other method, by any creditor of Contractor or by any governmental agency against the Collateral or any other collateral securing the Indebtedness. If an Event of Default occurs under this Agreement, at any time thereafter, all of the indebtedness shall be, at 4Culture's option, immediately due and payable, 4Culture shall have all the rights of a secured party under the Washington Uniform Commercial Code, as amended from time to time. In addition, 4Culture shall have and may exercise any or all other rights and remedies it may have available at law, in equity, or otherwise. Capital Construction Fixed Asset Purchase Agreement 2012 Page 4 of 8 118 VI. MAINTENANCE OF RECORDS A. The Contractor shall maintain accounts and records, including personnel; property financial, and programmatic records and other such records as may be deemed necessary by 4Culture to ensure proper accounting for all contract 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. VII. AUDITS AND EVALUATIONS A. 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 and /or federal /state officials so authorized by law during the performance of this Agreement and six (6) years after termination hereof. B. The Contractor shall provide right of access to its facilities, including by any subcontractor to 4Culture, the King 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 Contractor in the case of fiscal audits to-be conducted:by 4Culture. C. The Contractor agrees to cooperate: with .4Culture in the evaluation of the Contractor's performance under this contract 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 RCW Chapter 42.17 (Public Records Act). VIII. CONTRACT MODIFICATIONS No modification or amendment of this Agreement shall be valid unless made in writing and signed by the parties hereto. IX. 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. X. 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. Capital Construction Fixed Asset Purchase Agreement 2012 Page 5 of 8 119 XI. OWNERSHIP OF PROJECT /CAPITAL FACILITIES Contractor 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. In addition, although Contractor will be reimbursed for certain of its expenditures as provided herein, the capital facilities constructed or improved hereunder are not being constructed at the cost of the state or a municipality and therefore are not "public works" within the meaning of RCW 39.04.10. Contractor 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 Contractor's obligations to such third parties. XII. HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Agreement, the Contractor is an independent contractor, and shall determine the means of accomplishing the results contemplated zby this Agreement. Neither the Contractor nor its officers, agents or employees are employees of the 4Culture for any purpose. The. Contractor shall comply with all applicable federal and state laws and regulations regarding employment, minimum wages and hours, and discrimination in employment. The Contractor 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 Contractor 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 Contractor, its employees and /or others. by reason of this Agreement, To the extent allowed by law, the Contractor shall protect; defend, indemnify and save harmless 4Culture and its officers, agents, and employees from and against any and all claims, costs, and /or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes; (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Agreement. The Contractor shall also defend, indemnify, and save harmless 4Culture, and its officers, agents,. and employees, from and against any and all claims made by Contractor's employees arising from their employment with Contractor. B. To the full extent provided by applicable law, the. Contractor shall protect, defend, indemnify, and save harmless 4Culture its 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 Contractor, its officers, employees, and /or agents, except to the extent resulting from 4Culture'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, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate" within the meaning of RCW 4.24.225, the Contractor shall so protect, defend, indemnify, and save harmless 4Culture its officers, employees, and agents only to the extent of the Contractor's, its officers', employees', and /or agents' negligence. The Contractor 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 incurs any judgment, award and /or cost arising there from including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. Claims shall include, but are not limited to, assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright. Capital Construction Fixed Asset Purchase Agreement 2012 Page 6 of 8 W01 XIII. INSURANCE REQUIREMENTS The Contractor shall procuret and maintain for the duration of this Agreement insurance as described on the Exhibit labeled as Insurance Requirements attached here to. 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 Contractor agrees to abide by all the conditions of said Chapter. Failure by the Contractor to comply with any requirements of such Chapter shall be a material breach of contract. In addition, Contractor 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 Specific Scope of Contract Services funded herein, has or have any beneficial interest, directly or indirectly, in this contract. The Contractor 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 Contractor shall take all appropriate steps to assure compliance with this provision. XV: NONDISCRIMINATION During the performance of this Agreement, Contractor shall comply with state, federal and local legislation requiring nondiscrimination in employment and the provision of services to the.public, including, Vl but not limited to: Title of the Civil, Rights Act of 1964; chapter 49.,60 RCW (the.,Washirigton state law against discrimination); K.C:C. chapter -12.16 regarding discrimination and affirmative action Iin employment by contractors, subcontractors and vendors; K.C.C. chapter 12.17 prohibiting discrimination in contracting; K.C.C. chapter 12.18 requiring fair employment practices; K.C.C. chapter and 12.22 prohibiting discrimination in places of public _accommodation. The Contractor shall maintain, until 12 months after completion of all work under this contract, all written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate in this Agreement. The Contractor shall make such documents available to the 4Culture for inspection and copying upon request. XVI. 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. XVII. ENTIRE CONTRACT The parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Agreement. Capita] Construction Fixed Asset Purchase Agreement 2012 Page 7 of 8 121 XVIII. ATTORNEYS' FEES: EXPENSES Contractor 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 Contractor 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. Contractor also shall pay all court costs and such additional fees as may be directed by the court. XIX. SURVIVAL The terms and conditions of Secitons 1. D, V, VI VII, IX, X1 1, X1 11, XIV, XV, and XVIII shall survive the termination of this Agreement and shall be continuing obligations of the parties. 4CULTURE: 4Cu ufe -CDA Executive Dire or C 4� Date Capital Construction R Fixed Asset Purchase Agreement 2013 Name (Please type or print) Title (Please type or print) Date Paae 8 of 8 122 EXI BIT A Heritage Cultural Facilities 2011 Organizations City of Tukwila Parks and Recreation Department Address Website. 12424 42nd Ave S www.ci.tukwila.wa.us /recreation;recmain.htm! Tukwila Washington Email 98168 soardner(a,ci.tukwila.wa us Shipping Address 12424 42nd Ave S Tukwila Washington 98168 Phone (206) 768 -0524 Fax (206) 767 -2341 Revenue last fiscal year $2,901,437 Revenue 2nd to last fiscal year $2,716,836 King County Council District 8 WA State Legislative District 11 Date Incorporated 06/23/1908 Federal Tax ID 91- 6001915 Organization Director Director of Parks and Recreation, Mr. Rick Still Director Email rstill@tukwilaWA.gov Director Phone (206) 767 -2344 Organization Description The Tukwila Parks and Recreation Department provides fun, convenient, quality programs that promote healthy living, and serves as a steward for recreational and historical properties. Mission The City of Tukwila, in the spirit of partnership with its community, is preserving and enhancing a vibrant and healthy quality of life by providing caring, effective and efficient service. Project Title Duwamish Hill Preserve Acqusition of West Parcel Short Project Description The City of Tukwila and project partners propose to acquire an adjacent 1.75 -acre parcel to expand the Duwamish Hill Preserve's Phase II cultural garden area. Project Discipline(s) Heritage Interpretation Amount Requested $75,000 Total Project Budget $1,063,100 Contact Person file: /...ion City% 20of% 20Tukwila% 20Parks %20and %20Recreation %20Department 0059_fieidData.htmi[9 /22/2011 5:01:34 PM] 123 Project Manager, Mr. Robert Eaton Contact Phone (206)767 -2332 Contact Email Robert,Eaton@TukwilaWA.gov Project Description The City of Tukwila requests $75,000 from the 2011 Cultural Facilities Program to support acquisition of a 1.75 acre parcel on the west side of the Duwamish Hill Preserve located at 3800 S 115th Street in Tukwila, so this parcel can be added to the Preserve property. The cost of the parcel to be acquired is $1,.000,000, toward which we have secured $750,000 ($500,000 in City funds and a grant of $250,000 from the King County Conservation Futures Program). Additional costs totaling $63,100. are itemized in the project budget (toward which we have $46,600 committed) bring the total project budget to $1,063,100. PROJECT BACKGROUND AND ACCOMPLISHMENTS: The Duwamish Hill Preserve property currently under City of Tukwila ownership is an 8.6 acre parcel on the Duwamish River. This property includes a 40 million year old outcropping of bedrock that is part of what is known as the "Tukwila Formation unique native plant communities, and a flat area with 600 feet of shoreline on the Duwarish River at the farthest point up river that is reached by the tides. The Hill's summit offers territorial views of Mt. Rainier and the downtown Seattle skyline. The City of Tukwila, Cascade Land Conservancy (CLC) and the Friends of the Hill began working together in 2001 to preserve this undeveloped property which includes the summit and the western portion of what was known historically as Poverty Hill, after the then -owner proposed a commercial development at the site. Culturally significant for its association with Southern Puget Sound Salish oral tradition and mythology, the Hill is a key location in the stories known as the "Epic of the Winds." CLC and the City raised $998,000 to acquire and preserve the 8.6 acre parcel in 2004,'naming the conservation property the Duwamish Hill Preserve to distinguish it from the historic Poverty Hill neighborhood to the east (hereafter "the Hill" and "the Preserve" refer to the 8.6 acre conservation property currently in public ownership). The City owns and manages the Hill, while CLC retains a stewardship easement and is actively involved in fund raising, project planning and restoration activities. Since 2005, CLC and the City collaboratively raised an additional $825,000 (including five awards totaling approximately $100,000 from the 4Culture Facilities Program) for. Phase I restoration activities on the upland portion of the property. Protection of this cultural property has created one of King County's few public open space properties that honors and interprets Puget Sound Salish heritage. Phase I of the project opened to the public with a community celebration in September 2010, following completion of trails, viewpoints, an outdoor classroom area, and extensive landscape restoration. (A map showing Phase I, II and III is included in support material's,) The first school field trips took place 'in November 2010, with support from 4Culture's Heritage Education Program and the Green Duwamish Watershed Alliance. Hundreds of 'community volunteers have worked to remove trash and invasive species, and to plant and monitor native plants in.three distinct habitat areas. Eight original artworks depicting the property's cultural and natural heritage were installed in early September 2011 (with support from 4Culture and the National Trust for Historic Preservation). Development of an interpretive guide and. signage is underway, and expected to be completed by December 2011. ACQUISITION IS THE HIGHEST PRIORITY: Until recently, the project team's primary focus has been planning and fund raising for Phase II improvements to the Flat northern portion of the property, a 60,500 square foot area (1.4 acres) slated for restoration including an interactive cultural garden of native plants having traditional `cultural uses. However, our focus abruptly changed in November 2010 when the owner of the adjacent 1.75 parcel on the Hill's west boundary (King County parcel #1023049085, hereafter "West Parcel's indicated a willingness to sell the property. The West Parcel is currently zoned industrial and used for storage of construction equipment. Acquiring it and adding it to the Preserve would provide an outstanding opportunity to double the size of the' Phase II cultura garden, improving opportunities for heritage interpretation, habitat enhancement and recreation. It would link directly to a proposed regional trail, and would provide a visual buffer to the industrial property beyond the trail fi le: ion %20Department City% 20of %20Tukwila %20and %20 Recreation %20Department_0059_n"eld Data. html[9 /22/2011 5:01:34 PM] 124 corridor to the west. When the Hill Master Plan was developed in 2007, the West Parcel was included in the community's vision for Phase II of what the Hill Preserve could become, as a community cultural and natural resource. However, real estate values dramatically increased in the surrounding industrial area and for many years the owner was not willing to consider a sale. The Hill management team, comprised of City of Tukwila and Cascade Land Conservancy staff, Friends of the Hill (a neighborhood group) and project consultants proceeded with design and construction of Phase I restoration activities, making the summit of the Hill and the majority of the property accessible to the public. For this work, the project was recognized with a 2011 King County Executive's Historic Preservation Award for Excellence in Restoration. As the management team finished Phase I and initiated work on Phase II, focusing on the northern Flat portion of the Preserve. property, it became clear that the constraints of not having the West Parcel be part of the Preserve would result in a diminished Phase II design, so the owner of the West Parcel was approached one more time, and this time he was willing to consider selling. With the potential to acquire the West Parcel, the community mobilized, and the Friends of the Hill spearheaded a letter writing campaign urging the City Council to commit a significant portion of Tukwila's available Real Estate Excise Tax (REET) funds, dedicated to open space acquisition, to this project. As a result, the City committed $250,000 in its 2011 budget and an additional $250,000 in its 2012 budget, which will become available January 1, 2012, Acquisition of the West Parcel will more than double the Phase II project area, adding 76,310 square feet (1,75 acres) to the Preserve. This expansion would allow a richer and more meaningful Phase II restoration, from a cultural, habitat and recreational perspective. -Phase II will include a permanent exhibit of native plants selected in collaboration with the Muckleshoot and Duwamish Tribes, and the Northwest Native American.Basket Weavers Association, including species useable for basket making, preparation of traditional foods, and other cultural, purposes. We hope to_re- establish and make accessible a variety of species with traditional cultural uses, which may include wapato (arrowhead plant), swamp.tea, wild cranberries, tules (bulrush), .slough sedge and other species. Outdoor interpretive panels will include traditional use information that is appropriate to share with.the public. 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 available for use each year, addressing a need identified by our tribal partners for access to traditional resources. Education programs about plants and- native culture will provide public benefit in exchange for the use of these resources. ORGANIZATIONAL CONTEXT: The Duwamish Hill Preserve project is important in the context of the Tukwila Parks Recreation Department, and the City of Tukwila's history, mission and goals for several reasons. The Hill was an endangered cultural site that is significant to area Tribes; it is located in a diverse, low income community that is under served in terms of open space; there is a 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 Mayor Jim Haggerton celebrated two heritage projects in his 2011 State of the City address the public opening of Phase I of the Duwamish Hill Preserve project, and the Tukwila Historical Society's new Heritage and Cultural Center located in historic Hazelnut Park, in our former city hall and library. Having celebrated its centennial in 2008, the City of Tukwila values its heritage and the Parks Recreation Department is a careful steward of the City's heritage resources. The Tukwila Parks Recreation provides staff support to two independent citizen advisory boards, the Parks Commission and the Arts Commission, and manages 20 community parks, an award winning community center, golf course, trail system, pool, and a variety of special events, services, and programs. Several of our parks include significant cultural resources. Fort Dent Park at the confluence of the historic Black River and Green River, where the Duwamish River begins, is the location of National Register listed archaeological resources and an early public commission from Quinault Isleta Pueblo artist Marvin Oliver, Foster Park preserves the site of a riverboat landing and early homestead claim. Duwamish Gardens and Codiga Park both preserve former farms operated by Italian American families. Also in Tukwila under the jurisdiction of King County is Cecil Moses Park commemorating a file: /Ql ion %20Department City% 20of% 20Tukwila% 20Parks% 20and% 20Recreabon% 20Department Data. html[9 /22 /2011 5:01:34 P[vI] 125 Muckleshoot tribal elder, and along the Green River Trail is North Wind Fishing Weir Legend, an outstanding Coast Salish artwork by Susan Point. Conservation and restoration of Duwamish Hill Preserve, and expansion of the Preserve through acquisition of the West Parcel, has the support of our community, our city leaders, and our regional partners. NATIONAL REGISTER SOI GUIDELINES: Ethnographic documentation identifies Duwamish Riverbend Hill as having the Lushootseed or Southern Puget Sound Salish place name of St'gax or "Beaver Lodge." The Hill is potentially eligible for listing as a contributing resource to a Traditional Cultural Property district, along with three related ethnographic sites in the immediate area: Sgwalac (also called Grandmother), Sxiysagw (Beaver), and Stubla? (North Wind's Fish Weir). Th cultural significance of these sites was comprehensively documented in "Winds, Waterways and Weirs: Ethnographic Study of the Central Link Light Rail Corridor" (Sound Transit 2004). Site development work is consistent with the Secretary of the Interior's Guidelines for the Treatment of Cultural Landscapes including identification of character defining features, assessment of how the landscape has changed over time, and preservation of historic fabric. An archaeological survey was completed for Phase I and will be completed for Phase II, and care is taken during project planning to 'ensure that appropriate tribal consultation is undertaken. Project Impact PROJECT PLANNING: Prioritization of the project is discussed above, Planning for this project included development of the 2007 Master Plan with input from the Duwamish and Muckleshoot Tribes, the Tukwila Historical Society, local residents and other stakeholders, and this guiding document specifically included the West Parcel in the vision for the Preserve's eventual complete restoration. The Phase I design was developed and implemented with tribal and community input. SvR Design Company has created a Phase II conceptual design included in support materials, which shows the limited Phase II project area within the current boundaries of the Preserve, and the expanded Phase II area that would be possible with the proposed acquisition. SvR has also made recommendations for the archaeological, geotechnical and hydrological studies needed to inform Phase II design development but those activities are on hold pending the acquisition of the West Parcel, We have presented our Phase II concept plan regarding the cultural garden to the Duwamish and Muckleshoot Tribes and asked for their input on design, plant selection and development of stewardship guidelines. Acquisition of the West Parcel has been included as a priority within the City's Six Year Capital Improvement Plan for the Parks Recreation Department. The City Council has adopted a "Walk and Roll Plan Tukwila's first pedestrian and bicycle plan, which includes a future trail along the west side of the West Parcel in the historic Interurban Trail corridor. This proposed trail would meet the existing Green River Trail just a few hundred feet to the west, and connect with the planned Sound Transit Light Rail station 1 /4 mile to the north, providing excellent multi -modal access to the Hill. Finally, we have developed an Education Interpretive Plan for the Hill included in support materials, which has guided development of our K -12" program and interpretive walking guide. OPERATIONS: The Tukwila Department of Parks and Recreation is the fee owner and manager bf the Preserve, and provides maintenance and operations services for the property as a component of its park system, with a focus on opportunities for heritage education and passive recreation. CLC retains a Stewardship Easement (ownership and management interest), and ensures that habitat stewardship; tribal cultural concerns and educational and interpretive objectives are addressed. Our maintenance staff has readily assumed responsibility for the Preserve's current 8.6 acres and can manage the addition of 1.75 acres. Strong community support by the Friends of the Hill brings neighborhood volunteers to monthly work parties to help with removing invasive plants, planting and monitoring native species, and other maintenance tasks. Twice each year, the Hill welcomes over 100 volunteers for Duwamish Alive events, a regional effort to reclaim and restore properties along the Duwamish River. PROJECT IMPACT PUBLIC BENEFIT: The primary impact of the project is to make Puget Sound Salish heritage more visible to residents and visitors in King County. By working collaboratively with the Muckleshoot and Duwamish Tribes, the project has and will continue to re- connect tribal communities with their traditional lands, provide access to those lands and build stronger relationships between contemporary tribal and non tribal communities. file: /Ql ion% 20Depari ment City% 20of%20TukWila %20Parks %20and %20 Recreation% 20Department _0059_fieidData.html[9 /22/2011 5:01:34 PM] 126 This.project directly serves the ethnically diverse, working-class community of Tukwila, where 74% of the students in the school district qualify for free or reduced -price meals. The school district population includes 35% transitional bilingual speakers, an indication of'the high proportion of the population who are recent immigrants. This region also had the largest concentration of pre contact Native American winter villages in all of King County, surrounding the former confluence of the Black River and the Green River which formed the Duwamish River. The Hill presents an outstanding opportunity to introduce Tukwila's (and King County's) current residents to the area's Native American culture through traditional stories, place names, and environmental awareness. The Hill represents a unique opportunity as an "outdoor museum" interpreting this endangered aspect of local heritage. Having opened the upland Phase I portion of the property to the public just last year, the project has good momentum and visibility. With the recent major Coast Salish exhibition at the Seattle Art Museum and increasing awareness of the annual Tribal Canoe Journey, we anticipate that public interest in local Native American heritage will grow. The Hill Preserve will offer an opportunity for tourists and King County residents to visit a place that celebrates both the antiquity and the survival of Native American cultures in our region. In terms of public access, each year over 500,000 residents of Tukwila, Seattle, and other local communities, and visitors, access nearby Parks Recreation facilities such as the Starfire Sports Park at Fort Dent (1 mile away), Foster Golf Course (.75 mile away), the Tukwila Community Center (0.5 mile away), and the Green River Interurban Trail (0.1 mile away). Users of these facilities will be encouraged to visit the Hill through directional signage and promotional information. As the cultural significance of the site becomes better known through media and on -site educational programs, residents of the Puget Sound region who want to know more about local Native American heritage will seek out the site. HERITAGE INTERPRETATION: Acquisition. of the West Parcel will more than double the space,available,.for Phase II, increasing the area available for restoration of culturally useful plants by over 76,310 square feet.and greatly expanding opportunities for interpretative displays and programs related to those planting areas., Relevant Expertise Experience J Accomplishments Acquisition of the West Parcel and future Phase II development will be directed by Rick Still, City of Tukwila Director of Parks and Recreation and Robert Eaton, Tukwila Parks Project Manager. Rick and Robert have directed Phase I work on the Hill in partnership with CLC, led the Hill management team's efforts, developed budgets for the project and the department, and managed community outreach for the project. CLC project lead Hayes Swinney, Lands Stewardship Director, works closely with City staff, and has been involved in several of CLC's major open space acquisition efforts in King County. Nate Cormier, landscape architect at SvR Design Company, led the Master Plan and Phase I design development processes, created the Phase II concept design and will lead the Phase II design development process. Holly Taylor, heritage consultant who developed the Education Interpretive Plan for the Hill, will take the lead on tribal consultation and development of heritage interpretive content. Other members of the Hill Management Team include Brooke Alford, Friend of the Hill, Watershed Steward and Tukwila Planning Commissioner; and Sean Albert, Friend of the Hill and Tukwila Parks Commissioner, who lead volunteer recruitment and community engagement, and serve as citizen advisors, Parks and Recreation Department staff, CLC staff and other members of the management team have worked collaboratively for nearly a decade to raise nearly $1 million for acquisition of the initial 8.6 acre Preserve, and raise another $825,000 for Phase I restoration and development. These accomplishments along with expertise developed on similar conservation and restoration projects have laid the groundwork for a successful outcome to this project, and the collaboration between heritage and environmental advocates ensure that the Hill's many contributing elements will be managed respectfully. Project Implementation Our immediate goal is to secure an option agreement with the owner of the West Parcel, who has been supportive of our efforts to acquire the property but reluctant to move forward until we secured a significant portion of the funding that we need. In July 2011 we received news that our grant request to the King County Conservation Futures Program was successful, securing $250,000 for the acquisition. These funds, combined with the City's funds n le: /Qi /...ion %20Department City% 20of%20Tukwila %20Parks %20and %20 Recreation %20 De pa rtment_0059_fieldData.htm1[9 /22/2011 5:01:34 PM] 127 ($500,000) represent 75% of the purchase price, a threshold which we needed to reach in order to proceed with a formal agreement with the property owner. Our goal is to secure a Purchase &Sale Agreement by November 30, 2011 and complete the acquisition by June 30, 2012. As with the acquisition of the Preserve's initial 8.6 acres, the City and CLC will work in tandem, drawing on CLC's legal and financial expertise with conservation real estate transactions. Once acquired, the 1,75 acre West Parcel will be added to the Duwamish Hill Preserve under the fee ownership of the City of Tukwila, and CLC's stewardship easement will be amended to include the acquisition piece. Our request to 4Culture requests 7.5% of the purchase price. With 75% of the purchase price committed by City and County funds dedicated to the acquisition of open space, we will work to secure the remaining 17.5% by making a series of modest requests to public agencies that provided support for the acquisition of the eastern portion of the property in 2004, and to foundations and private donors that provided support for Phase I development or who have indicated their interest in the project. The City's partnership with CLC will allow individual and corporate donors to make tax deductible contributions toward the acquisition. 4Culture's support for this acquisition effort provides a tangible recognition of the cultural value of the Preserve. Unlike museums which collect and interpret artifacts, with this project the land itself is the artifact, and the "exhibits" will be living examples of restored native plant communities, with interpretation focused on the traditional cultural uses of these resources by the region's Puget Sound Salish people. Acquisition of the West Parcel will more than double the acreage available for Phase II restoration work and heritage interpretation, expanding the area from 1.4 acres to 3,15 acres. In addition to creating larger area for restoration and interpretation, the acquisition will create a direct connection with a future regional trail link, and provide more open visual and physical access to the Preserve's northern portion improving site security and expanding design possibilities. In addition to the recently installed etched metal artworks created by Mette' Hanson for each of the Preserve's eight sandstone benches, we hope to work with the Tukwila Arts Commission and a local Native artist to commission an original work for the Phase II project area to celebrate the Duwamish River Valley cultural and natural heritage. Project publicity will be sent to area media including the Seattle Times, the Highline Times, the Renton Reporter, the West Seattle Herald, the Tukwila blog http: /tukwilatalk.n'ing.com and the Georgetown Neighborhood blog www.blogginggeorgetown.com. We will also develop feature articles for the City of Tukwila newsletter the Hazelnut, and the Cascade Land Conservancy quarterly magazine, both of which are distributed on the intereet as well as in printed form. In addition, project information will be shared with regional organizations such as the Green Duwamish Watershed Alliance and the Duwamish River Cleanup Coalition which seek to promote public interest in the river. In terms of the "big picture" of the Duwamish Hill Preserve project, acquisition was completed in 2004 for $998,700, and this support was provided by 4Culture, City of Tukwila, Foster'High School Drama Club, Individual donors, Interagency Committee for Outdoor Research Land Conservation Fund (now the Recreation Conservation Office), King Conservation District, King County Conservation Futures Fund, King County Landmarks Heritage Commission, Muckleshoot Community Charity Fund, SAFECO, Seattle Police Athletic Association, The Boeing Company, and the Washington State Legislature. Master planning and Phase I were supported by 4Culture, Ex Officio, Friends of the Hill, King County Department of Natural Resources Waterworks Program, REI, Sound Transit, and the Washington State Heritage Capital Projects Fund. Following completion of the acquisition, we will move forward with design and implementation of Phase II, toward which we have already secured a hard -won grant of $150,000 from the 2011 -13 Washington State Heritage Capital Projects Fund. Our application was rated #2 statewide and included in the 2011 state budget; our application focused on Phase II development as it was submitted in 2010 before acquisition of the West Parcel became a possibility. Additional funds have been secured for Phase II planning studies, including archaeological survey and hydrogeological studies. Following acquisition, with our strong track record of collaborative fund raising and project management, we are confident that we can complete Phase II in the next 3 -4 years, In -kind support for the project n le: ion %20Department City% 20of%20Tukwila %20Parks %20and %20 Recreation %20Department_0059_field Data. html[9 /22/2011 5:01:34 PM] 128 includes significant staff time from the City of Tukwila, CLC and SvR Design Company, and volunteer time from community members on the project management team, as well as anticipated volunteer time working on Phase II landscape restoration. file: /Ql ion %20Department City% 20of% 20Tukwila% 20Parks% 20and% 20Recreation% 20Department _0059_field Data. html[9 /22/2011 5:01:34 PM] 129 WE 4Culture Heritage Cultural Facilities 2411 Project Budget Even if you are applying for a specific line item from your project plan for funding, present the budget for the entire project. When in doubt, always contact staff. Remember to double -check your totals! Many applications receive a low ranking when project expenses do not add up or match income. Value in -kind costs as though they are to be paid at regular market rates. Your vendors should be able to provide current estimates of costs for their in -kind services. Make certain you do NOT include regular personnel overhead costs (staff who would be paid by the organization whether or not your project was taking place). Contract personnel added for the project, including fundraising professionals, may be a part of your overall project expenses, but remember that Lodainfz Tax funds cannot be used to oav for fundraising costs, financing costs or continaencies associated with a capital oroiect. Total Cash Expenses should NOT include in -kind costs. Total Cash Expenses should EQUAL Total Proiected Income. Item #1 in the Project Income section, Applicant's Contribution, should NOT include Board donations (see Item #5 for that category). Item #1 refers to any reserve funds that will be applied to the project or special events funds that will be used for the project. Be as specific as possible regarding all potential sources of revenue. N/A this application focuses just on acquisition 2. Construction /Renovation Costs Cost estimate breakdown, including sales tax: N/A this application focuses just on acquisition Sub Total: Sub Total: Page I 1 131 e ses. Cash l.n -.K m rJ 1. Design Cost breakdown by phase including feasibility studies, architectural, design, engineering and other consultant fees, design development, schematics, construction drawings, bid documents: 4Culture Heritage Cultural Facilities 2011 3. Fixed Assets (equipment, fixtures, furnishings) For fixed assets applications, specify item(s) and cost, including tax. Provide a separate detailed list of the fixed assets in the upload section of the online application. N/A this application focuses just on acquisition Sub- Total: 4. Purchase of Facility Cost estimate breakdown including purchase price, commissions, mortgage fees, closing costs, etc.: Purchase Price Appraisal, title legal work Closing fees taxes Environmental assessment for hazardous materials Project administration staff costs (CLC City) 5. Soft Costs (permits, insurance, bonds, sales tax, etc.) N/A this application focuses just on acquisition 6. Financing Costs 7. Fundraising Costs 8, Total Cash Expenses (1 -7) 9. Total In -Kind Contributions (1 -7) 10. TOTAL PROJECT COSTS #8 Cash #9 In -Kind) $1,000,000 $15,000 '$10,000 $11,500 $12,000 Sub Total:. Sub Total: $5,000 $1,053,500 $1,063,100 $9,600 $9,600 Page 12 132 4Culture Heritage Cultural Facilities 2011 g g Projected: check if Amount B. Project Income (CASH ONLY) aPP Confirmed. InCDlne. requested 1. Applicant's Contribution City REET funds ($500,000) City CIP funds ($25,000) $525,000 2. Corporations (identify) Alaska Copper (donation to CLC for staff costs) $12,000 REI $5,000 3. Foundations (identify) Muckleshoot Charity Fund $5,000 4. Government (including federal, state, and local agencies) King County Conservation Futures Fund $250,000 0 King Conservation District $61,500 Washington State Recreation Conservation Office $100,000 5. Individual Donors Board Others 6. Other (describe) The final 2% of the purchase price ($20,000) will be requested $20,000 from local business donors including the Sabey Corporation, Raisbeck Engineering, Boeing Employees Credit Union, the Seattle Police Athletic Association and private individuals 7 Amount requested .from the 4CuIture Heritage Gu Xura1l Faal�iti'es Progra;erm :'$75 0 ©0- 8. Total Projected Income Note: Total Proiected Income should equal Total Cash EXaenses reported in the previous section.) $1,053,500 9. Total Funds Confirmed *This will not include your request from the 4Culture 2011 Heritage Cultural Facilities Program.) $525,000 $12,000 $250,000 $787,000 Page 13 133 134 4Culture Heritage Cultural Facilities 2011 Three Year Organizational Operating Budget Use actual numbers for the past two years and projected year -end totals for current year. Type in your own fiscal year under "Actual /Current Budget" if different from calendar year. Use the operating budget notes page to describe changes or give additional budget information. This document should be used to reflect operational and /or program activities only. Budget information should be for the organization that will operate the facility. THESE FIGURES SHOULD NOT REFLECT ANY CAPITAL PROJECT INCOME OR EXPENSE. Do not include prior grant activity for fixed assets and construction projects! Please do not submit handwritten budget pages. They are extremely difficult for panelists to read. Personnel costs separated by program may be available from your financial statements or your Federal Tax 990 form. The choices you make in allocating these costs (determining that the Executive Director is half administrative and half outreach, for example) are less significant than making sure that allocations remain consistent year to year. Page I 1 135 'A. Operations ACTUAL ACTUAL CURRENT BUDGET 2009 2010 2011 EXPENSES: Permanent Personnel 1. Heritage 2. Technical 3. Administrative $363,730 $379,988 $319,420' 4. Education and /or Outreach Temporary Personnel 5. Heritage 6. Technical 7. Administrative 8. Education and /or Outreach Other 9. Exhibition Programmatic expenses $2,353,106 $2,521,449 $2,114,788 10. Marketing/ Promotion expenses 11. Fundraising expenses 12. Education and /or Outreach expenses 13. Occupancy expenses (mortgage /rent /utilities) 14. Travel and Transportation 15, Administrative Expenses 16. SUBTOTAL (add lines 1 -15) $2,716,836 $2,901,437 $2,434,208 17. in -Kind expenses In -kind income) 18. TOTAL OPERATING EXPENSES (add lines 16 and 17) $2,716,836 $2,901,437 $2,434,208 Page I 1 135 INCOME: Earned 19. Admission 20. Membership Dues 21. Classes Workshops Lectures 22. Concession Sales Rental Leases 23. Interest Earnings (savings, reserves, etc.) 24. Other Earned Income 25. TOTAL EARNED INCOME (add lines 19 24) 26. Earned income percentage (divide line 25 by line 41 27. EARNINGS GAP (line 18 minus line 25) Contributed 28. IMLS or other Federal Government 29. Wash. Commission for the Humanities 30. Other State Government 31. 4Culture /King County 32. Other County Government 33. City Government 34. Corporations 35. Foundations 36. Individuals 37. Benefits /Fundraising Events Other contributions 38. Miscellaneous contributions 39. SUBTOTAL CONTRIBUTED INCOME (add lines 28 -38) 40. In -kind Contributions 41. GRAND TOTAL INCOME (add lines 25, 39 and 40) 42. SURPLUS (OR DEFICIT) 43. Depreciation (if applicable) 44. "INTER- FUND" TRANSFERS 45. SURPLUS (DEFICIT) AFTER TRANSFERS 4Culture Heritage Cultural Facilities 2011 $469,260 $536,000 $586,000 $287,384 $225,000 $346,000 $756,644 $761,000 $932,000 $1,923,565 $2,104,437 $1,471,817 $13,208 $5,000 $16,000 $23,419 $31,000 $14,391 $1,960,192 $2,140,437 $1,502,208 $2,716,836 $2,901,437 $2,434,208 Page 12 136 4Culture Heritage Cultural Facilities 2011 y' 7pera B. ting Budget Notes Operating budget notes are valuable in explaining-variances in your financial report /f budget figu yes demonstrate an increase or :decrease of mare than, 10% from the previous year., in ony.category, please explain. the %re.ason far the change here. -Indicate the line: number and year -with each note f you have budget items that you think require additional clarification, you may.also use thisspace to p. rovide.thpt.ihformation: Line Number /Year Note: Summary Page 13 137 l� r The Tukwila Parks Commission is appointed by the City Council and serves in an advisory capacity concerning all recreation and golf services and parks development and policies. The Parks Commission meets on the 3rd Wednesday of the month at 5:30 p.m, at the Tukwila Community Center. Membership: 5 members /3 -year term Board Type: Advisory Liaison: Mayor's Parks and Recreation Director Major duties: Advise City officials regarding the acquisition, development, expansion and operation of parks and recreational facilities and programs. Appointed by Mayor, Confirmed by Council, Ord, 1018 Position Member #1 (Resident) Sean Albert #2 (Resident) Alice Russell #3 (Resident) Joanne McManus #4 (Resident) Scott Kruize #5 (Resident) VACANT Term Expires 03/31/2013 03/31/2012 03/31/2011 03/31/2012 03/31/2010 Confirmed by Council 10/18/2010 12/01/2003 04/19/1999 06/06/2005 139 MR INN& FoLn 141 1. 7N u 4t LU ru FoLn 141 Duwamish Hill Preserve Addition Site Map 9 E 0 2 E 7 '3 7 Q Z 2 E f a so7 }c \E Lu 0 V) 0 3 o n E z E 0 Q/ w 3 c u R y 3 E e 6 O o g/ g' 2 LU E 3\ o C) 2&@ /&co z 2 /e��7) 6 LU u a)2 ��k U= (4 mCoU£ G0 G6$§ 0 w ee a) -Q y' c O -E W o 2/ Q) 2 0 z c 2 2 0 q 0 o cn w 0 j o 2 c ƒ�e3o2 ƒOg2)E77 0 o ƒg/2�Q-2 E k 6 7 f% 2 0 0% 0 \2«@2 z 0 0 0 E E o o y Alll 143 ME EXHIBIT B SPECIFIC SCOPE OF WORK CONTRACT NO. 111698H 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 as specified in this contract in an amount not to exceed $50,000.00. Payment will be made available in the following manner: Invoice #1 #2: For up to $50.000.00 total: For acquisition of an adjacent 1.75 -acre parcel to expand the Duwamish Hill Preserve's cultural garden. Accompanying the 4Culture invoice for these expenses will be documentation that identifies vendors and details work performed. Such documentation shall include, but is not limited to, proofs of purchase, work orders or receipts for purchases. NOTE: In order to be an allowable item, equipment purchased must be items classified as "fixed assets" intended for 10 year use and valued as depreciable assets and not expensable materials. NOTE: Anv oroiect 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. 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 King County, including a contributing property located within an historic district, must obtain a Certificate of Appropriateness (COA) from the King County Landmarks Commission prior to obtaining a building permit or commencing construction. 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. Facility Contract Specific Scope of Service .am MI EXHIBIT C INSURANCE REQUIREMENTS Contractor shall procure, at its sole cost and expense, 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 Contractor, his agents, representatives, employees, and /or subcontractors. The costs, of such insurance shall be paid by the Contractor or subcontractors. For All Coverages: Each insurance policy shall be written on an "Occurrence" form. 1. Minimum Scope of Insurance needed for this contract is as follows: Commercial General Insurance Services Office form number (CG 00 01 Ed. 11 -88)— Minimum Liability Combined Single Limit of $1,000,000 BI PD with a General Aggregate per project m Automobile Liability Covering all owned and non -owned and hired automobiles Combined Sinqle Limit of $1,000,000 BI PD 2. 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 shall not apply to the Contractor's liability to 4Culture and shall be the sole responsibility of the Contractor. 3. Other Insurance Provisions A. The insurance policies are to contain, or be endorsed to contain, the following provisions: (a) General Liability Policies (1) 4Culture, its officers, employees and agents are to be covered as primary additional insureds as respects liability arising out of activities performed by or on behalf of the Contractor in connection with this Agreement. (2) To the extent of the Contractor's negligence, the Contractor's insurance coverage shall be primary insurance as respects 4Culture, its officers, employees, and agents. Any insurance and /or self- insurance maintained by the 4Culture, its officers, employees, or agents shall not contribute with the Contractor's insurance or benefit the Contractor in any way. (3) The Contractor'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. (b) All Policies (1) 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 contract. 4. 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. 5. Verification of Coverage Unless otherwise approved in writing by 4Culture, Contractor shall furnish 4Culture with certificate(s) of insurance evidencing compliance with requirements set forth above, which certificate(s) shall provide that no material change, or cancellation or nonrenewal of policies referred to herein shall occur without thirty (30) days' prior written notice to 4Culture. Facility Contract Insurance Requirements 147 jELV EXHIBIT D PUBLIC BENEFIT PROVISIONS CONTRACT NO. 111698H In exchange for receiving these funds the Contractor, Citv of Tukwila Parks and Recreation Department, shall agree to the following provisions to ensure that the citizens of King County receive public benefit: The Citv of Tukwila Parks and Recreation Department will be committed to a public heritage use for a period of no less than 10 years. During that time, the public will regularly have access to the facility and will benefit from the following types of potential uses: Regularly scheduled free or reduced price admission to exhibits and interpretive programs at the site Access to special events produced by the City of Tukwila Parks and Recreation Department Access to educational programs held in the facility that are targeted to underserved King County populations such as students, senior citizens, or other specific audiences The Contractor agrees to widely publicize its public benefit performances, events and programs throughout King County and to track the number of public benefit events and audiences served by such programs. Facility Contract Public Benefit Requirements l City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes March 12, 2012 5:00 p.m. PRESENT Councilmembers: Kathy Hougardy, Chair; Joe Duffie and Verna Seal (siting in for Allan Ekberg) Staff: Jack Pace, Nora Gierloff, Derek Speck, David Cline, Rick Still, Brandon Miles and Kimberly Matej Guests: Brie Campbell, Riverton Development; Aaron Hundtofte, Riverton Development; Kent Alexander, Riverton Development; Matt Masse, Shugart Architecture; Mark Jacobs, Jake Traffic Engineering; and Vanessa Zapitul, resident; CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:00 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Development Aereement: Riverton Development Staff is seeking Council approval of a development agreement between the City and Riverton LLC regarding the property at 12909 East Marginal Way South. This item is returning to Committee from February 13, 2012, to continue discussion of the development agreement, specifically parking availability. Based on discussions regarding parking concerns from the previous Committee meeting, the developer has removed two apartment units from the proposed development in order to free up parking. This change results in 23 apartment units rather than 25 units. Riverton LLC hired Jack Traffic Engineering, Inc. to evaluate and conduct a parking demand analysis. In summary, this analysis suggests that the proposed 51 parking spaces (39 onsite, 12 in the right -of -way adjacent to site) exceeds the minimum 34 spaces listed as being required by the Parking Demand Analysis. Committee Members asked clarifying questions, and Committee Chair Hougardy inquired about the public outreach efforts that would be involved with the public hearing required for the development agreement. Staff responded that all properties within 500 feet of the location will be notified via postcard of the public hearing, notice will be placed in the Times and other regular venues such as the City's website and Channel 21. Additionally, a NOTICE board has been placed on the property, and Brandon Miles will try to ensure the information is available in the Tukwila Reporter if the time permits. Staff will be amending the memo that goes to full Council in order to reflect an information update regarding the reduction in the number of apartment units. UNANIMOUS APPROVAL. FORWARD TO MARCH 26 COW FOR PUBLIC HEARING AND DISCUSSION. B. Grant Acceptance: Duwamish River Shoreline Restoration Grant Staff is seeking Council approval to accept $50,000 in funding from the 4Culture Heritage Cultural Facilities Grant. These monies will assist with the acquisition of the 1.75 acre west parcel located adjacent to (west side of) the Duwamish Hill Preserve. There is no matching fund requirement for this grant. UNANIMOUS APPROVAL. FORWARD TO MARCH 26 COW FOR DISCUSSION. 151