HomeMy WebLinkAboutCSS 2023-04-24 Item 1B - Interlocal Agreement - Duwamish River Monitoring Access at Foster Golf Course with WA State Department of Ecologydlr
City of Tuk ►la
Allan Ekberg, Mayor
Parks & Recreation Department - Pete Mayer, Director
INFORMATIONAL MEMORANDUM
TO: Community Services & Safety Committee
FROM: David Rosen, Parks & Recreation Fiscal Analyst
DATE: April 12, 2023
SUBJECT: Interlocal Agreement with Washington State Dept. of Ecology at Foster Golf Links
ISSUE
An interlocal agreement has been proposed by the Washington State Department of Ecology (DOE) to
install and maintain a stream gauge structure for Ecology on city property located at 13500 Interurban
Ave S, otherwise known as Foster Golf Links.
Per council policy, interlocal agreements, regardless of monetary amounts concerned, must be
approved by the full City Council before the Mayor may sign and execute them.
BACKGROUND
In late March of this year Tukwila Parks and Recreation was approached by Mr. Sean Struder,
Hydrogeologist 2 for the Freshwater Monitoring Unit within the Washington State Department of
Ecology. Mr. Welles indicated he was taking over the efforts to get a proposed monitoring station setup
at Foster Golf Links from a colleague of his who was moving to a different project within his department.
We received the standard agreement from DOE, had it reviewed and revised by our City Attorney
Office, returned said revised copy to DOE and had it signed by Mr. Struder's supervisor, Stacy
Polkowske, Western Operations Section Manager for DOE's Environmental Assessment Program. At
this time we are ready to fully execute the contract and allow DOE access to the premises for
installation of their equipment.
FINANCIAL IMPACT
This interlocal agreement is for cooperation only and does not create and inflows or outflows of any city
funds. Financial impact is therefore zero.
RECOM MENDATION
Staff recommends the committee forward the attached contract for approval on the Regular Meeting
Consent Agenda on May 1, 2023.
ATTACHMENTS
A --- Proposed Agreement - Tukwila Parks & Recreation and Washington State Dept. of Ecology
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
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Agreement Between
Tukwila Parks and Recreation Department
And the
Washington State Department of Ecology
This Agreement ("Agreement") is by and between the City of Tukwila ("Landlord") and the
Washington State Department of Ecology ("Ecology") to allow Ecology to install and maintain a
stream gage structure for Ecology on Landlord's property.
Location: The location of Ecology's gaging structure is as follows: Latitude - 47.4789861,
Longitude - -122.2587333 ("Premises"). Address: 13500 Interurban Ave S, Tukwila, WA 98168.
Scope: The Landowner agrees to allow Ecology and their agents to install, access, and maintain
the gaging station described in the above paragraph.
Term and Termination: This Agreement shall begin on the latest date it is fully executed by the
parties.
Ecology agrees to remove the stream gage structure within 30 days of the Landlord's written
notification.
Amendment: This Agreement shall not be changed, modified or amended except in writing
signed both the Landlord and Ecology. If property is sold or otherwise changes hands, the
aforementioned landowner shall notify Ecology.
Indemnification: Except to the extent caused by the sole negligence or willful misconduct of the
Landlord, Ecology shall indemnify, defend (with counsel reasonably acceptable to Licensor), and
hold harmless the Landlord and its officials (elected and appointed), officers, employees, agents,
representatives, and invitees from and against any and all liabilities, claims, suits, actions,
judgments, demands, costs, damages, fines, penalties, losses and expenses (including but not
limited to reasonable attorneys' fees) which arise out of the or result from Ecology's occupancy
and or use of the Premises.
Date
4/10/2023
Stacy Polkowske, Western Operations Section Manager Date
Environmental Assessment Program
PO Box 47710
{EFM2800227.DOCX;1/13175.000001/ }
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Olympia, WA 98594
{EFM2800227.DOCX;1/13175.000001/ }
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