HomeMy WebLinkAboutCOW 2023-06-26 COMPLETE AGENDA PACKET Tukwila City Council Agenda
COMMITTEE OF THE WHOLE
Allan Ekberg, Mayor Councilmembers: Kathy Hougardy De’Sean Quinn
David Cline, City Administrator Kate Kruller Thomas McLeod
Cynthia Delostrinos Johnson, Council President Mohamed Abdi Tosh Sharp
THE MEETING WILL BE CONDUCTED BOTH ON-SITE AT TUKWILA CITY HALL AND ALSO VIRTUALLY.
ON-SITE PRESENCE WILL BE IN THE COUNCIL CHAMBERS (6200 SOUTHCENTER BOULEVARD).
THE PHONE NUMBER FOR THE PUBLIC TO PARTICIPATE IN THE MEETING IS:
1-253-292-9750, ACCESS CODE: 670077847#.
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For Technical Support during the meeting call: 1-206-433-7155.
Monday, June 26, 2023; 7:00 PM
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE
2. LAND
ACKNOWLEDGEMENT
The City of Tukwila is located on the ancestral lands of the Coast Salish people.
We acknowledge their continuing connections to land, waters and culture.
We pay our respects to their elders past, present and emerging.
3. PUBLIC COMMENTS—
including comment
on items both on and
not on the meeting
agenda
Those wishing to provide public comments may verbally address the City Council
both on-site at Tukwila City Hall or via phone or Microsoft Teams for up to
5 minutes for items both on and not on the meeting agenda.
To provide comment via phone or Microsoft Teams, please email
citycouncil@tukwilawa.gov with your name and topic by 5:00 PM on the meeting
date. Please clearly indicate that your message is for public comment during the
meeting, and you will receive further instructions.
4. PRESENTATION Get to Know Puget Sound Fire (PSF): Accreditation.
Division Chief Norm Golden, Puget Sound Fire (PSF)
Pg.1
5. SPECIAL ISSUES a. A resolution adopting the South King Housing and Homelessness
Partners (SKHHP) 2024 Work Plan and Operating Budget.
b. An ordinance modifying the adoption date for the 2021 State
Building Codes.
c. A contract with Berger Partnership for master plans for Foster
Park and Tukwila Community Center Park, in an amount not to
exceed $80,000.00.
Pg.11
Pg.35
Pg.43
6. REPORTS a. Mayor
b. City Council
c. Staff
7. MISCELLANEOUS
8. EXECUTIVE SESSION
9. ADJOURN TO SPECIAL MEETING
(continued…)
COMMITTEE OF THE WHOLE MEETING
June 26, 2023
Page 2
SPECIAL MEETING
Ord #2705 Res #2072
1.CALL TO ORDER / ROLL CALL
2.CONSENT AGENDA a. Approval of Minutes: 6/5/23 (Regular Mtg.); 6/12/23 (Special Mtg.)
b. Approval of Vouchers
c. Authorize the Mayor to sign a contract with MMS Consultants,
Inc., operating as Billy Baroo’s, for concessionaire services at
Foster Golf Links for a 7-year term.
[Reviewed and forwarded to Consent by the Community Services and
Safety Committee on 6/12/23.]
d. Authorize the Mayor to sign a contract with Berger Partnership
for master plans for Foster Park and Tukwila Community Center
Park, in an amount not to exceed $80,000.00.
[Reviewed and forwarded to Consent by the Committee of the Whole
on 6/26/23.]
e. An ordinance amending Ordinance No. 2702 §2 (part), as
codified at Tukwila Municipal Code (TMC) Chapter 16.04,
“Buildings and Construction,” to modify the adoption date for
updated State Building Codes.
[Reviewed and forwarded to Consent by the Committee of the Whole
on 6/26/23.]
Pg.65
Pg.43
Pg.35
3.UNFINISHED
BUSINESS
a.A resolution adopting a Six-Year Transportation Improvement
Program (2024-2029), and directing the same to be filed with the
State Secretary of Transportation and the Transportation
Improvement Board.
b.A resolution repealing Resolution Nos. 2022 and 2048; adopting
revised City Council Rules of Procedure.
Pg.111
Pg.135
4.NEW BUSINESS For discussion of Consent Agenda items only, if necessary.
5.ADJOURNMENT
This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities.
Remote Tukwila Council meetings are audio taped (and video taped as of 9/14/20). Available at www.tukwilawa.gov)
WELCOME TO THE TUKWILA CITY COUNCIL MEETING
The Tukwila City Council encourages community participation in the local government process and
welcomes attendance and public comment at its meetings.
MEETING SCHEDULE
Regular Meetings are held at 7:00 p.m. on the 1st and 3rd Mondays of each month. The City Council takes
formal action in the form of motions, resolutions and ordinances at Regular Meetings.
Committee of the Whole Meetings are held at 7:00 p.m. on the 2nd and 4th Mondays of each month. The
City Council considers current issues, discusses policy matters in detail, and coordinates the work of
the Council at Committee of the Whole meetings.
PUBLIC COMMENTS
Members of the public are given the opportunity to address the Council for up to 5 minutes on items both on
and not on the meeting agenda during Public Comment s. The City Council will also accept comments on an
agenda item when the item is presented in the agenda, but speakers are limited to commenting once per
item each meeting.
When recognized by the Presiding Officer, please go to the podium if on-site or turn on your microphone if
attending virtually and state your name clearly for the record. The City Council appreciates hearing from you
but may not respond or answer questions during the meeting. Members of the City Council or City staff may
follow up with you following the meeting.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action on matters affecting the public
interest such as land-use laws, annexations, rezone requests, public safety issues, etc. The City Council
Rules of Procedure provide the following guidelines for Public Hearings:
1. City staff will provide a report summarizing and providing context to the issue at hand.
2. The proponent shall speak first and is allowed 15 minutes to make a presentation.
3. The opponent is then allowed 15 minutes to make a presentation.
4. Each side is then allowed 5 minutes for rebuttal.
5. After the proponents and opponents have used their speaking time, the Council may ask further
clarifying questions of the speakers.
6. Members of the public who wish to address the Council on the hearing topic may speak for 5
minutes each.
7. Speakers are asked to sign in on forms provided by the City Clerk.
8. The Council may ask clarifying questions of speakers and the speakers may respond.
9. Speakers should address their comments to the City Council.
10. If a large number of people wish to speak to the issue, the Council may limit the total amount of
comment time dedicated to the Public Hearing.
11. Once the Presiding Officer closes the public hearing, no further comments will be accepted, and the
issue is open for Councilmember discussion.
12. Any hearing being held or ordered to be held by the City Council may be continued in the manner as
set forth by RCW 42.30.100.
For more information about the City Council, including its complete Rules of
Procedure, please visit: https://www.tukwilawa.gov/departments/city-council/
ACCREDITATION
Presented to Tukwila City Council June 26, 2023
1
Washington State Accredited Agencies
•Navy Region Northwest
Fire & Emergency Services
•Fairchild AFB
Fire & Emergency Services
•Puget Sound Regional Fire Authority
•Valley Regional Fire Authority
•Snohomish Regional Fire & Rescue
•Spokane Valley FD
•Bellevue FD
•Snoqualmie FD2
WHO Grants Accreditation?
•Center for Public Safety Excellence
(CPSE)
•Commission on Fire Accreditation
International (CFAI)
•11 Commissioners appointed by
CPSE Board of Directors
3
WHAT is Accreditation?
•Voluntary Process
•Continual Self-Assessment
•Continuous Improvement
308 Accredited Agencies
•13% of US Population
•18% of Canadian Population
An all-hazard, quality
improvement model based on risk
analysis and self-assessment that
promotes the establishment of
community-adopted performance
targets for fire and emergency
service agencies.
CPSE Definition4
WHEN Were we Accredited?
•City of Tukwila – January 1, 2023
•PSRFA First Accreditation in 2004
•Apply for Renewal every 5 years
•Initial Accreditation (Average)
•2,000 hours for Application
•13,000 hours for Follow Up
•3 - 5 Years to Achieve
5
WHY Do It?
•Provides greater Community Alignment
•Encourages Quality Improvement
•International Recognition of Achievement
•Identifies Strengths & Areas of Improvement
•Provides Data-Informed Decision-Making
•Defines our Mission
•Defines our Philosophies (Leadership & Management)6
HOW did we do it?
•Accreditation Manager
•Attend Quality Improvement Fire &
Emergency Services Workshop
•CFAI Peer Assessment Webinar
•Peer Assessor
•CFAI’s agents (Verify/Validate)
•Site Visit
•Recommend (Accredit, Defer, or Deny)
•CPSE 10th Edition Manual
•11 Categories
•Accreditation Consortium
•Northwest (W,O,M,I)7
Components of Accreditation
•Community Risk Assessment
•Standards of Cover
•Strategic Plan
•Self-Assessment
•Performance Measurement
•Benchmarking
•Analysis Assessment Manual
•Technical Advisor Program (TAP)
•Government Accountability
•Community Expectations8
Determination to Grant, Defer, or Deny
•Public Hearings twice Annually
•Excellence Conference (Spring)
•IAFC’s Fire Rescue International
(Summer)
•A vote is held on granting status
9
Questions10
ITEM INFORMATION
STAFF SPONSOR: LAUREL HUMPHREY ORIGINAL AGENDA DATE: 6/26/23
AGENDA ITEM TITLE Resolution adopting 2024 South King Housing and Homeless Partners Work Plan and
Operating Budget
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 6/26/23 Mtg Date Mtg Date 7/10/23 Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Admin Svcs DCD Finance Fire P&R Police PW
SPONSOR’S
SUMMARY In accordance with the Interlocal Agreement, the annual SKHHP work plan and budget
must be approved by the legislative body of each member jurisdiction in addition to the
SKHHP Executive Board.
REVIEWED BY Trans&Infrastructure Svcs Community Svcs/Safety Finance & Governance Planning & Community Dev.
LTAC Arts Comm. Parks Comm. Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $ $
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
6/26/23
7/10/23
MTG. DATE ATTACHMENTS
6/26/23 Informational Memo dated 6/20/23
Draft Resolution
7/10/23
COUNCIL AGENDA SYNOPSIS
----------------------------------Initials --------------------------------- ITEM NO.
Meeting Date Prepared by Mayor’s review Council review
6/26/23 LH
7/10/23 LH
PowerPoint
5.A.
11
12
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Committee of the Whole
FROM: Laurel Humphrey, Legislative Analyst
Claire Vanessa Goodwin, Executive Manager, SKHHP
DATE: June 20, 2024
SUBJECT: Resolution adopting the 2024 South King Housing & Homelessness
Partners Work Plan and Operating Budget
ISSUE
In accordance with the Interlocal Agreement, the annual SKHHP work plan and budget must
be approved by the legislative body of each member jurisdiction in addition to the SKHHP
Executive Board.
BACKGROUND
Every year, an annual work plan and budget is developed in collaboration with the SKHHP
Executive Board, Advisory Board, and staff work group to guide the work of SKHHP staff in the
coming year. Pursuant to the SKHHP Interlocal Agreement, each participating jurisdiction
must approve SKHHP’s annual budget and work plan. The 2024 draft work plan was
developed through surveys to the Executive and Advisory Boards on their priorities in
February and an interactive in-person workshop with the Executive Board in March. The draft
2024 work plan was then reviewed with the SKHHP Advisory Board on April 6, 2023 and the
Executive Board at their regularly scheduled meeting on April 19, 2023. Feedback was
incorporated. A revised draft was shared with the Executive Board to review with member
Councils as needed.
The 2024 work plan includes four goals with corresponding objectives and action items. Each
action item is prioritized as higher, medium, or lower priority. Indicators are included to
measure progress on the goals. The four goals include the following:
1. Fund the expansion and preservation of affordable housing
2. Develop policies that expand and preserve affordable housing
3. Serve as advocate for South King County
4. Manage operations and administration
The 2024 SKHHP operating budget totals $419,158, supporting two full-time staff, and
includes itemization of all categories of budgeted expenses and itemization of each
jurisdiction’s contribution, including in-kind services. Operating revenues originate from
SKHHP member contributions. Contributions are proposed to increase 15% annually for each
member city through 2026 as approved by the Executive Board in July 2021 to work towards a
balanced budget. These projected numbers assume no additional staff would be added.
Member contributions are based on population size accordingly:
13
INFORMATIONAL MEMO
Page 2
Population tier 2023
Contribution
2024
Contribution
2025
Contribution
2026
Contribution
<10,000 $5,290 $6,084 $6,996 $8,045
10,001 – 35,000 $9,919 $11,407 $13,118 $15,085
35,001 – 65,000 $19,838 $22,814 $26,236 $30,172
65,000 – 100,000 $34,385 $39,543 $45,474 $52,295
100,000+ $44,965 $51,710 $59,466 $68,386
Expenses impacted by inflation are proposed to increase by 5% in 2024, including salaries
and benefits. SKHHP continues to spend down the fund balance from cost-savings in 2019
and 2020 to mitigate any additional increases to member contributions.
RECOMMENDATION
Staff recommends approval of the resolution adopting the 2024 SKHHP work plan and budget
due to the following:
1. The 2024 SKHHP work plan and budget is consistent with the Interlocal Agreement
between Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Maple Valley,
Normandy Park, Renton, Tukwila, and King County.
2. The 2024 SKHHP work plan and budget incorporates the feedback and priorities of the
SKHHP Executive Board made up of representatives of each participating jurisdiction
and the Advisory Board made up of South King County community members,
representatives of housing organizations, and affordable housing subject matter
experts.
ATTACHMENTS
1. Resolution
14
CC:\Legislative Development\SKHHP 2024 Work Plan and Operating Budget 6-15-23
Laurel Humphrey: Review by Andy Youn Page 1 of 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, ADOPTING THE SOUTH
KING HOUSING AND HOMELESSNESS PARTNERS’
2024 WORK PLAN AND 2024 OPERATING BUDGET.
WHEREAS, on February 21, 2019, the City of Tukwila entered into an Interlocal
Agreement (ILA) with 8 other south King County cities and King County to form the South
King Housing and Homelessness Partners (SKHHP); and
WHEREAS, pursuant to the Interlocal Agreement, each participating jurisdiction must
approve an annual work plan each year to guide the work of SKHHP staff; and
WHEREAS, pursuant to the Interlocal Agreement, each participating jurisdiction must
approve SKHHP’s annual budget that includes an itemization of all categories of
budgeted expenses and itemization of each Party’s contribution, including in-kind
services; and
WHEREAS, the purpose of the annual work plan and budget is to provide
management and budget guidance, and to implement the overarching SKHHP goals to
work together and share resources to increase the available options for south King
County residents to access affordable housing and to preserve the existing affordable
housing stock; and
WHEREAS, on May 19, 2023, the SKHHP Executive Board adopted Resolution No.
2023-01 adopting the 2024 SKHHP Work Plan and 2024 SKHHP Operating Budget
effective upon approval by the legislative body of each participating jurisdiction;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The City Council adopts the 2024 South King Housing and Homelessness
Partners Work Plan and 2024 Operating Budget, hereby incorporated by reference as
“Attachment A.”
15
CC:\Legislative Development\SKHHP 2024 Work Plan and Operating Budget 6-15-23
Laurel Humphrey: Review by Andy Youn Page 2 of 2
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Special Meeting thereof this ________ day of ____________________, 2023.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC Cynthia Delostrinos Johnson
City Clerk Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Office of the City Attorney
Attachment A: South King Housing and Homelessness Partners Resolution No. 2023-
01, dated May 22, 2023, with Attachment A (SKHHP 2024 Work Plan)
and Attachment B (2024 SKHHP Operating Budget)
16
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Resolution No. 2023-01
May 19, 2023
Page 1 of 7
RESOLUTION NO. 2023-01
A RESOLUTION OF THE EXECUTIVE BOARD OF THE SOUTH KING HOUSING AND
HOMELESSNESS PARTNERS (SKHHP), ADOPTING THE 2024 SKHHP WORK PLAN AND
OPERATING BUDGET
WHEREAS, pursuant to the Interlocal Agreement, the SKHHP Executive Board approves
an annual work plan and budget each year to guide the work of SKHHP staff; and
WHEREAS, pursuant to the Interlocal Agreement, the annual budget includes an
itemization of all categories of budgeted expenses and itemization of each Party’s contribution,
including in-kind services; and
WHEREAS, upon adoption by the Executive Board, the annual work plan and budget will
be transmitted to each participating jurisdiction for approval by their legislative body; and
WHEREAS, the budget will not become effective until approved by the legislative body of
each jurisdiction and adopted by the SKHHP Executive Board; and
WHEREAS, if a party does not approve the work plan or budget in a timely manner, the
Executive Board may adopt the budget and work plan with a two-thirds majority vote; and
WHEREAS, the purpose of the annual work plan and budget is to provide management
and budget guidance, and implement the overarching SKHHP mission to work together and
share resources to increase the available options for South King County residents to access
affordable housing and to preserve the existing affordable housing stock; and
WHEREAS, the 2024 work plan includes four goals with corresponding action items that
further SKHHP’s mission.
NOW, THEREFORE, THE EXECUTIVE BOARD RESOLVES as follows:
Section 1. The Executive Board adopts the 2024 SKHHP Work Plan in Attachment A.
Section 2. The Executive Board adopts the 2024 SKHHP Operating Budget in Attachment B.
Section 3. Each party’s contribution to SKHHP’s operating budget will be transmitted on an
annual basis during the first quarter of the calendar year.
Section 4. This Resolution will take effect and be in full force upon approval by the legislative
body of each participating jurisdiction.
Dated and Signed this __22nd_day of _____May, 2023
_________________________
NANCY BACKUS, CHAIR, SOUTH KING HOUSING AND HOMELESSNESS PARTNERS
17
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Resolution No. 2023-01
May 19, 2023
Page 2 of 7
RESOLUTION 2023-01 – ATTACHMENT A
SKHHP 2024 WORK PLAN
PURPOSE
Establish a 2024 SKHHP work plan and budget that is guided by Executive Board priorities, is
consistent with the SKHHP Interlocal Agreement, and furthers SKHHP’s mission.
BACKGROUND
Established by an interlocal agreement, SKHHP jurisdictions work together and share resources to
increase options for South King County residents to access affordable housing and preserve existing
affordable housing. The 2024 SKHHP work plan builds on work done in previous years and was
developed in collaboration with the Executive Board, Advisory Board, and staff work group.
The work plan is organized into four goals with corresponding objectives and action items. Each action
is identified by priority as follows:
• Higher – Identified as higher priority by Executive Board or is necessary to carry out the Interlocal
Agreements
• Medium – Identified as mid-level priority
• Lower – Identified as lower priority
Quarterly budget and progress reports on the status of the work plan elements will be submitted to the
SKHHP Executive Board and the legislative body of each member jurisdiction as follows:
Quarter 1: May | Quarter 2: August | Quarter 3: November | Quarter 4: February
In accordance with the Interlocal Agreement, the 2024 SKHHP work plan and budget will be approved
by the SKHHP Executive Board and the legislative body of each member jurisdiction.
SKHHP MISSION
South King County jurisdictions working together and sharing resources to create a coordinated,
comprehensive, and equitable approach to increasing housing stability, reducing homelessness, and
producing and preserving quality affordable housing in South King County.
GOALS & OBJECTIVES
Number Goal Objective
1 Fund the expansion and
preservation of affordable housing.
Coordinate public resources to attract
greater private and public investment for
affordable housing in South King County.
2 Develop policies to expand and
preserve affordable housing.
Share technical information and resources
to promote sound housing policy.
3 Serve as advocate for South King
County.
Provide a unified voice to advocate for
South King County needs at a local,
regional, and state level.
4 Manage operations and
administration.
Sustain operational commitments and
Interlocal Agreement requirements.
18
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Resolution No. 2023-01
May 19, 2023
Page 3 of 7
Goal 1
Fund the expansion and preservation of affordable housing.
Actions
Priority of Actions
••• = Higher
•• = Medium
• = Lower
1. Develop a long-term funding strategy for the Housing Capital Fund and
facilitate conversations with member jurisdictions to identify and
explore dedicated sources of revenue for affordable housing at the
local and regional level.
•••
2. Pool resources from member jurisdictions for the Housing Capital Fund,
including SHB 1406 and HB 1590 funds.
•••
3. Manage 2023 Housing Capital Fund funding round including facilitating
approval from participating Councils and preparing contract
documents.
•••
4. Manage 2024 Housing Capital Fund funding round including adopting
annual guidelines, updating application materials, soliciting proposals,
and facilitating project selection.
•••
5. Encourage investment by private investors, lenders, and philanthropies. •••
6. Work with member cities and project sponsors to start developing a
pipeline of projects to be funded over the next five years.
••
Indicators
o Number of housing units or number of projects funded with financial support from SKHHP
o Number of housing units preserved with financial support from SKHHP
o Total dollar amount pooled by member jurisdictions for Housing Capital Fund
o Total dollar amount from new sources of revenue added to the Housing Capital Fund
o Geographic diversity of applications received for annual Housing Capital Fund funding round
19
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Resolution No. 2023-01
May 19, 2023
Page 4 of 7
Goal 2
Develop policies to expand and preserve affordable housing.
Actions
Priority of Actions
••• = Higher
•• = Medium
• = Lower
7. Develop subregional housing preservation strategies and facilitate
implementation.
•••
8. Facilitate technical assistance and updates to the Affordable Housing
Inventory Dashboard.
•••
9. Build relationships with developers to learn from their perspective the
ways to encourage housing development, especially affordable housing.
••
10. Continue to refine and update housing policy matrix. •
11. Convene land use planners to increase coordination and collaboration
on housing policy and planning.
•
12. Develop SKHHP Executive Board briefings on key housing and
homelessness topics, especially as they relate to the goals of the work
plan.
•
Indicators
o Number of preservation policies explored with members of the Executive Board
o Successful update of data and deployment of the Affordable Housing Inventory Dashboard
o Number of relationships built with developers
o Number of Executive Board briefings on key housing and homelessness topics
20
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Resolution No. 2023-01
May 19, 2023
Page 5 of 7
Goal 3
Serve as advocate for South King County.
Actions
Priority of Actions
••• = Higher
•• = Medium
• = Lower
13. Coordinate with the Advisory Board in collaboration with housing
organizations and stakeholder groups to provide education and
engagement opportunities for elected officials and community
members.
••
14. Work collaboratively with public funders at the state and local levels to
promote shared affordable housing goals and equitable geographic
distribution of resources.
••
15. Produce public-facing communications content that highlights South
King County through social media and newsletters.
•
16. Represent SKHHP at relevant local and regional meetings and forums
that help advance SKHHP’s mission and provide a voice for increasing
access to safe, healthy, and affordable housing in South King County.
•
Indicators
o Number of events or engagement opportunities Advisory Board members organize or
support
o Number of communications published
o Number of meetings, forums, or events attended that advance SKHHP's mission
21
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Resolution No. 2023-01
May 19, 2023
Page 6 of 7
Goal 4
Manage operations and administration.
Actions
Priority of Actions
••• = Higher
•• = Medium
• = Lower
17. Develop annual work plan and budget. •••
18. Generate and distribute quarterly progress reports to SKHHP Executive
Board and member jurisdictions.
•••
19. Work with administering agency to maintain records and produce
regular financial reports for the SKHHP Housing Capital Fund and SKHHP
Operating Account.
•••
20. Organize and host monthly Executive and Advisory Board public
meetings.
•••
21. Manage the Affordable Housing Inventory Dashboard contract. •••
22. Maintain and update the SKHHP website. ••
23. Advance work on SKHHP Foundation efforts to establish logistics,
administration, and pursue federal nonprofit status.
••
Indicators
o Work plan and budget adopted
o Quarterly progress reports prepared and presented to Executive Board
o Financial reports and public records maintained
o Commitments of the Affordable Housing Inventory Dashboard contract fulfilled
o Website maintained
o Application submitted for SKHHP Foundation 501c3 status
22
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Resolution No. 2023-01
May 19, 2023
Page 7 of 7
RESOLUTION 2023-01 – ATTACHMENT B
2024 SKHHP Operating Budget
Estimated beginning fund balance - January 1, 2024 $ 205,736
Estimated ending fund balance -December 31, 2024 $ 144,877
REVENUES Auburn $ 39,543
Burien $ 22,814
Covington $ 11,407
Des Moines $ 11,407
Federal Way $ 51,710
Kent $ 51,710
Maple Valley $ 11,407
Normandy Park $ 6,084
Renton $ 51,710
Tukwila $ 11,407
King County* $ 51,710
Additional King County* $ 23,290
Interest earnings $ 2,100
Office space (in-kind donation) $ 12,000
TOTAL REVENUES $ 358,299
Spend down balance $ 60,859
TOTAL $ 419,158
EXPENSES Salaries and benefits $ 305,344
Interfund IT $ 31,500
Advisory Board compensation $ 14,400
Office space (in-kind donation) $ 12,000
Other professional services/Misc. $ 6,400
Travel $ 5,250
Professional development $ 5,250
Supplies $ 2,000
Subtotal $ 382,144
Administering agency - 10% admin fee** $ 37,014
TOTAL $ 419,158
*King County contribution based on the population of unincorporated King County is shown as increasing at the same rate as other partner
jurisdictions and the additional allocation decreasing to maintain a total contribution of $75,000 per year.
**10% administrative fee is calculated as a percentage of operating costs which excludes in-kind donations and carry-forwards.
23
24
South King Housing
and Homelessness
Partners (SKHHP)
2024 Work Plan
and Budget
CLAIRE GOODWIN
SKHHP EXECUTIVE MANAGER
25
About SKHHP
2019: SKHHP was formed via an Interlocal Agreement
Eleven member jurisdictions include:
▫ Auburn ▫ Federal Way ▫ Renton▫ Burien ▫ Kent ▫ Tukwila▫ Covington ▫ Maple Valley ▫ King County▫ Des Moines ▫ Normandy Park
Mission:
•South King County jurisdictions working together and sharing resources to create a coordinated, comprehensive, and equitable approach to increasing housing stability, reducing homelessness, and producing and preserving quality affordable housing in South King County.
Interlocal agreement requires City Council adoption of annual work plan and budget
June 26, 2023 South King Housing and Homelessness Partners 2024 Work Plan and Budget 226
Work Plan and Budget Development Process
Executive & Advisory Board Surveys & Workshop
Draft review by Staff Work Group & Advisory Board
Draft review at April Executive Board meeting
Board Members share with member Councils
Final draft adopted May 19 at Executive Board meeting
Council adoption
We are here
June 26, 2023 South King Housing and Homelessness Partners 2024 Work Plan and Budget 327
2024 Work Plan Goals
1.Fund the expansion and
preservation of affordable housing.
2.Develop policies to expand and
preserve affordable housing.
3.Serve as advocate for South King
County.
4.Manage operations and
administration.
428
Total operating budget: $419,159
73% funds salary and benefits (2 FTEs)
No new expenditures proposed
5% increase over previous year in expenses impacted by inflation
Salaries, professional services, travel
Operating revenues come from member jurisdiction annual contributions and
based on population tiers
Executive Board adopted policy in July 2021
15% increase in member contributions each year through 2026
Continuing to spend down cost savings from first two years to balance additional
contribution increases
June 26, 2023 South King Housing and Homelessness Partners 2024 Work Plan and Budget
2024 Operating Budget
529
Member
Jurisdiction
Population Tier
2023
Contribution
2024
Contribution
2025
Contribution
2026
Contribution
<10,000 $5,290 $6,084 $6,996 $8,045
10,001 – 35,000 $9,919 $11,407 $13,118 $15,085
35,001 – 65,000 $19,838 $22,814 $26,236 $30,172
65,000 – 100,000 $34,385 $39,543 $45,474 $52,295
100,000+$44,965 $51,710 $59,466 $68,386
South King Housing and Homelessness Partners 2024 Work Plan and Budget
Operating Contributions by Population
June 26, 2023 630
SKHHP Member Jurisdictions Population (OFM
2018 estimate)
Population (OFM
2021 estimate)
Population (OFM
2022 estimate)
Population (OFM 2023
estimate)
Auburn 80,615 Total: 83,950
KC: 73,901
Total: 88,750
KC: 78,690
Data not published
until June 30, 2023
Burien 51,850 53,290 52,490
Covington 20,080 20,890 21,200
Des Moines 31,340 32,820 33,160
Federal Way 97,440 99,590 101,800
Kent 128,900 132,400 137,900
Maple Valley 28,920
Normandy Park 6,700 6,740 6,790
Renton 104,100 106,500 107,500
Tukwila 19,800 21,970 22,620
King County (unincorporated)111,000*248,160
*Represents unincorporated South King County
Population by City and Year
June 26, 2023 South King Housing and Homelessness Partners 2024 Work Plan and Budget 731
2023 2024 2025 2026
Estimated beginning fund balance $ 283,152 $ 205,736 $ 144,877 $ 108,135
REVENUES
Auburn $ 34,385 $ 39,543 $ 45,474 $ 52,295
Burien $ 19,838 $ 22,814 $ 26,236 $ 30,171
Covington $ 9,919 $ 11,407 $ 13,118 $ 15,086
Des Moines $ 9,919 $ 11,407 $ 13,118 $ 15,086
Federal Way $ 44,965 $ 51,710 $ 59,466 $ 68,386
Kent $ 44,965 $ 51,710 $ 59,466 $ 68,386
Maple Valley $ 9,919 $ 11,407 $ 13,118 $ 15,086
Normandy Park $ 5,290 $ 6,084 $ 6,996 $ 8,045
Renton $ 44,965 $ 51,710 $ 59,466 $ 68,386
Tukwila $ 9,919 $ 11,407 $ 13,118 $ 15,086
King County*$ 44,965 $ 51,710 $ 59,466 $ 68,386
Additional King County*$ 30,035 $ 23,290 $ 15,534 $ 6,614
Interest earnings $ 2,100
Office space (in-kind donation)$ 12,000 $ 12,000 $ 12,000 $ 12,000
TOTAL REVENUES $ 321,084 $ 358,299 $ 396,576 $ 443,013
Spend down balance $ 77,416 $ 60,859 $ 36,742
TOTAL EXPENSES $ 397,800 $ 419,158 $ 433,318
Projected Budget 2023-2026
June 26, 2023 South King Housing and Homelessness Partners 2024 Work Plan and Budget 832
Thank you
CLAIRE GOODWIN
SKHHP EXECUTIVE MANAGER
CVGOODWIN@SKHHP.ORG
33
34
ITEM INFORMATION
STAFF SPONSOR: JERRY HIGHT CBO ORIGINAL AGENDA DATE: 6/26/23
AGENDA ITEM TITLE Implementation Delay of the 2021 WA Washington State Building Codes
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 6/26/23 Mtg Date Mtg Date Mtg Date 6/26/23 Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Admin Svcs DCD Finance Fire P&R Police PW
SPONSOR’S
SUMMARY State Building Code Council Implementation Delay of the 2021 WA Washington State
Building Codes for 120 days
REVIEWED BY Trans&Infrastructure Svcs Community Svcs/Safety Finance & Governance Planning & Community Dev.
LTAC Arts Comm. Parks Comm. Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
COMMITTEE
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $ $
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
6/26/23
MTG. DATE ATTACHMENTS
6/26/23 Informational Memorandum dated 6/26/23
Draft ordinance
COUNCIL AGENDA SYNOPSIS
----------------------------------Initials --------------------------------- ITEM NO.
Meeting Date Prepared by Mayor’s review Council review
6/26/23 JH 5.B. &
Spec 2.E.
35
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City of Tukwila Allan Ekberg, Mayor
Department of Community Development Nora Gierloff, Director
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax 206-431-3665
INFORMATIONAL MEMORANDUM
TO: Planning & Community Development Committee
FROM: Nora Gierloff, Director
BY: Jerry E Hight, Building Official
C: Mayor Ekberg
DATE: June 26, 2023
SUBJECT: Implementation Delay of the 2021 WA Washington State Building Codes
ISSUE
On May 24, 2023, the State Building Code Council voted to delay the implementation of the 2021
Washington State Building Codes under emergency rule for 120 days to October 29, 2023, starting
on June 30, 2023.
These actions were taken during a Special Meeting of the SBCC that was called to address a recent
9th Circuit Court of Appeals Case (CA Restaurant Association vs. Berkley), in which the federal appeals
court ruled that Berkeley, California, cannot enforce a ban on natural gas piping installation in new
buildings, finding a U.S. Energy Policy and Policy Conservation Act (EPCA) preempts the city's
regulation.
The SBCC is still litigating a lawsuit from Northwest Regional Council of The National Construction
Alliance, et al., on adopted 2021 rules.
The SBCC was also served with an additional Federal Complaint for Declaratory and Injunctive Relief
Lawsuit that was filed by Rivera, et al., based on the federal preemption ruling in the Berkley case.
RECOMMENDATION
The Council is being asked to approve and forward the amended ordinance for the delayed effective
date established by the State Building Code Council for adoption of the 2021 State Building code with
amendments to the special council meeting consent agenda.
ATTACHMENTS
Revised Ordinance
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, AMENDING ORDINANCE
NO. 2702 §2 (PART), AS CODIFIED AT TUKWILA
MUNICIPAL CODE (TMC) CHAPTER 16.04, “BUILDINGS
AND CONSTRUCTION,” TO MODIFY THE ADOPTION
DATE FOR UPDATED STATE BUILDING CODES;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, pursuant to its municipal authority, the City of Tukwila has adopted certain
codes as amended by the State of Washington as the Building and Construction Codes of
the City; and
WHEREAS, those codes are generally adopted and amended by the State of
Washington every three years pursuant to the provisions of Chapter 19.27 RCW, and
municipalities are required to adopt the latest changes on the effective date established by
the State Building Code Council ; and
WHEREAS, the City Council desires to adopt the 2021 State Building Code and
amendments, and other codes as specified herein, as reviewed by the City’s Department of
Community Development and stated herein; and
WHEREAS, on May 1, 2023, the City Council adopted Ordinance No. 2702 adopting
updated State Building Codes; and
WHEREAS, on May 24, 2023, the State Building Code Council voted to delay the
effective date of the 2021 Codes by 120 days until October 29, 2023, starting on June 30,
2023, due to pending litigation;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Adoption of Findings of Fact. The City Council hereby adopts the
foregoing recitals and incorporates them herein as support for these amendments.
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Section 2. TMC Section 16.04.020 Amended. Ordinance Nos. 2171 §1 (part),
2648 §2, and 2702 §2, as codified at Tukwila Municipal Code (TMC) Section 16.04.020,
“Codes Adopted,” subparagraph A, are hereby amended to read as follows
16.04.020 Codes Adopted
A. Effective on the date established by the State Building Code CouncilJuly 1, 2023,
the specified editions of the following model codes are adopted by reference as if fully set
forth and as numerated in Chapter 19.27 RCW:
2021 International Building Code with statewide amendments
ICC/ANSI A117.1-09, Accessible and Usable Buildings and Facilities, with
statewide amendments
2021 International Residential Code with statewide amendments
2021 International Mechanical Code with statewide amendments
2021 International Fuel Gas Code with statewide amendments (part of the
International Mechanical Code (IMC) adoption)
2020 Liquefied Petroleum Gas Code (NFPA 58)
2021 National Fuel Gas Code (NFPA 54) (for LP Gas installation only)
2023 National Electrical Code with statewide amendments
2021 Uniform Plumbing Code with statewide amendments
2021 Washington State Energy Code
2021 International Existing Building Code with statewide amendments found in
the IBC
2021 International Swimming Pool and Spa Code
Section 3. Corrections by City Clerk or Code Reviser Authorized. Upon
approval of the City Attorney, the City Clerk and the code reviser are authorized to make
necessary corrections to this ordinance, including the correction of scrivener’s errors;
references to other local, state or federal laws, codes, rules, or regulations; or ordinance
numbering and section/subsection numbering.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force on October
29, 2023, or as otherwise determined by the State Building Code Council.
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PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Special Meeting thereof this _______ day of _________________, 2023.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC Cynthia Delostrinos Johnson
City Clerk Council President
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
41
42
ITEM INFORMATION
STAFF SPONSOR: KRIS KELLY ORIGINAL AGENDA DATE: 6/26/23
AGENDA ITEM TITLE Proposed Contract: Parks Master Plans - Joseph Foster Park & Tukwila Community
Center
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date 6/26/23 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Admin Svcs DCD Finance Fire P&R Police PW
SPONSOR’S
SUMMARY Parks & Recreation staff, after soliciting letters of interest and statements of qualifications
for architectural and engineering services are prepared to award a contract for Parks
Master Planning & Design Services for both Joseph Foster Memorial/Lee Phillips Park and
Tukwila Community Center Park. This contract is being awarded to Berger Partnership in
the amount of $80,000. Staff recommends council approval for execution of this contract.
REVIEWED BY Trans&Infrastructure Svcs Community Svcs/Safety Finance & Governance Planning & Community Dev.
LTAC Arts Comm. Parks Comm. Planning Comm.
DATE: 6/12 COMMITTEE CHAIR: ABDI
RECOMMENDATIONS:
SPONSOR/ADMIN. Parks & Recreation Department
COMMITTEE
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$80,000 $80,000 $0
Fund Source: LAND ACQUISITION, RECREATION, & PARK DEVELOPMENT (301)
Comments: Fund balance has adequate resources to cover contract amount.
MTG. DATE RECORD OF COUNCIL ACTION
6/26/23
MTG. DATE ATTACHMENTS
6/26/23 Informational Memorandum dated June 2, 2023 (revised)
Request for Proposal Documentation
Proposed Contract: Berger Partnership
Berger Partnership Scope of Work
Minutes from the 6/12 CSS Committee meeting
COUNCIL AGENDA SYNOPSIS
----------------------------------Initials --------------------------------- ITEM NO.
Meeting Date Prepared by Mayor’s review Council review
6/26/23 DR
Unanimous Approval; Forward to 6/26 C.O.W. & Special Meeting
5.C. &
Spec 2.D.
43
44
INFORMATIONAL MEMORANDUM
TO: Community Services & Safety Committee
FROM: Kris Kelly, Parks Manager
BY: David Rosen, Parks & Recreation Fiscal Analyst
DATE: June 2, 2023
SUBJECT: Joseph Foster Park & TCC Park Master Plans Proposed Contract
ISSUE
The City of Tukwila’s 2020 Park, Recreation and Open Space (PROS) Plan identified Joseph Foster
Memorial Park and Tukwila Community Center Park as two of the six highest priority park improvement
project sites. Goal 5.3 of the Plan also recommends developing site-specific master plans or site
designs that guide all major park improvements and that achieve cohesive design and efficient phasing
of projects. A Request for Qualifications (RFQ) of park master planning services was recently issued
for developing two park master plans for these parks. The Berger Partnership, a Seattle based
landscape architecture/design firm, was selected through an open and competitive process and staff
seek Council approval to execute the contract totaling $80,000.
BACKGROUND
Tukwila Community Center Park was acquired from King County back in 1990 with the Community
Center itself being built in 1997. The park now includes a picnic shelter, sport areas, skatepark, play
structure, and field. No significant improvements have occurred in approximately the past 20 years.
Joseph Foster Memorial Park was established in 1982 and is located on the former site of Foster
School. The land is under a recently renewed long-term lease- through December 2051- with the
Tukwila School District. Minor improvements at the park have included a basketball/pickleball court
installation (2021) and conversion of the upper field to a dog park (2018).
With the adoption of the 2023-24 biennial budget and 2023-28 Financial Planning Model and Capital
Improvement Program, the Parks and Recreation Department is proceeding with several park
improvement initiatives guided by the 2020 PROS Plan. Completed park master plans enable the City
to leverage Real Estate Excise Tax (REET) and Park Impact Fees (PIF) as matching funds for local,
state and federal grants to implement the recommended park improvements. Staff intend to pursue
such grants with many administered by the Washington State Recreation and Conservation Funding
Board’s (RCFB) beginning in the spring of 2024.
DISCUSSION
The proposed Master Plan project will include landscape architecture and design and urban design and
engineering services to create the final park master plan for both parks. The project will require
engagement with local community members, park users, neighbors, and other involved stakeholders.
Berger Partnership is a well-respected firm in the landscape design sector with a focus on innovation
and sustainability. Several high-profile projects Berger has completed recently include the Pike Place
Market Waterfront, renovation of Spokane’s Riverfront Park, Seattle Capitol Hill Transit Oriented
Development, and Seattle’s Magnuson Park.
45
INFORMATIONAL MEMORANDUM- Proposed Contract for Park Master Planning Services
June 2, 2023
Page 2
FINANCIAL IMPACT
This contract is funded from the Land Acquisition, Recreation, & Park Development (301) Fund. No
General Fund outflows are created by the execution of this contract and sufficient resources exist within
the Fund to support this expenditure.
RECOMMENDATION
Staff recommends the committee forward the attached contract for approval onto the City Council
Consent Agenda on June 26, 2023.
ATTACHMENTS
A --- Request for Qualifications (Submission Deadline of April 10, 2023 at 5PM)
B --- Proposed Contract: Berger Partnership
C --- Berger Partnership Scope of Work
46
CITY OF TUKWILA REQUEST FOR QUALIFICATIONS
Park Master Plan and Design services for
Tukwila Community Center and Joseph Foster Memorial Park
Request for Qualifications
The City of Tukwila is soliciting Letters of Interest and Statements of Qualifications for architectural
and engineering (A&E) services to assist the City with master planning park improvements to two
(2) City of Tukwila Parks. The City seeks professional expertise in public involvement, landscape
architecture and design, urban design and/or engineering services to plan and design park master
plans for the parks. The project will require engaging the community, park users, neighbors, and
other stakeholders, many who do not speak English as their primary language.
• Tukwila Community Center Park- A 12.7-acre special use park hosts Tukwila Community
Center, a 55,000 square foot multipurpose community center. The park, adjacent to the
Green River, includes a picnic shelter, BBQ area, restroom, splash park, basketball court,
baseball field, soccer field and modular skate park. The parking lot supports 317 parking
stalls. The park site and community center are owned by the City of Tukwila.
• Joseph Foster Memorial/Lee Phillips Park, an 8.9-acre local park features 2 baseball fields,
a basketball court, dog park, picnic shelter and public restrooms and walking trail. The City
of Tukwila leases the park from the Tukwila School District through December 2051.
Project Sites/Locations:
1) Tukwila Community Center Park is located at 12424 42nd Ave S, Tukwila, WA
2) Joseph Foster Memorial/Lee Phillips Parks is located at 13919 53rd Avenue South,
Tukwila, WA
Please review the full RFQ following this notice
The City of Tukwila reserves the right to reject any and all submittals and to waive irregularities
and informalities in the submittal and evaluation process. This Request for Qualification does not
obligate the City to pay any costs incurred by respondents in the preparation and submission of a
proposal. Furthermore, the RFQ does not obligate the City to accept or contract for any expressed
or implied services.
The successful respondent must comply with the City of Tukwila equal opportunity requirements.
The City is committed to a program of equal employment opportunity regardless of race, color,
creed, sex, age, nationality, or disability. The contracted vendor for this project will be expected to
comply with all Federal, State, County, and City codes and regulations applicable to such work and
perform the work in accordance with the requirements and edifications of the contract documents.
Request for Qualifications (RFQ) will be received at the Tukwila Parks and Recreation
Department Administrative Offices, Tukwila Community Center, 12424 42nd Ave S, Tukwila, WA,
98168 Until 5:00 p.m. (Pacific Time) on April 10th 2023. The official time clock for receiving and
stamping submittals is the time on the Tukwila Community Center reception counter clock. No
protest will be recognized, as this is the official time. Qualifications received after the appointed
time set for receipt will be returned unopened.
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R F Q 2 0 2 3 -PR0 0 2 - P a r k M a s t e r P l a n S e r v i c e s P a g e | 2
Project History and Background
The site of the Tukwila Community Center Park was acquired from King County in 1990. The
property was initially acquired using bond funds from the 1969 Forward Thrust Park Bond
Program and was used primarily as a pea patch garden. In 1997 the City of Tukwila built a
55,000 square foot Community Center, funded in part by savings generated by the City for such
purposes as well as the issuance of capital bonds. The Center was designed by ARC Architects and
constructed by Berschauer Phillips Construction. A second phase of construction brough outdoor
park improvements- including the sport areas and picnic shelter.
The Center serves as the headquarters for the City’s parks and recreation department, the central
hub for customer contact, registration and facility rental coordination. In addition to staff offices
and work spaces, a variety of dedicated and multi-purpose spaces serve to support diverse
recreation programming, events and facility rentals. It also serves as an emergency shelter for the
City.
Joseph Foster Memorial Park was established in 1982, is located on the former site of Foster
School. The land was donated to create the first community school. The park land is leased from
the Tukwila School District, which was recently renewed in 2022 and extending through December
2051. Most recent investments in the park include a basketball/pickleball court (completed in
2021) and the conversion of the upper field to a dog park (completed in 2018).
SCOPE OF WORK
City of Tukwila Parks and Recreation is seeking a consultant(s) or firm to lead two (2) independent
park master planning/design processes. The successful team is to collaborate in overall site master
planning for each park, including participation in public outreach processes, revisit site
programming and feasibility, development of plan options, and final Master Plan with probable cost
including a phasing plan if required.
The park master plans will be used to help support Tukwila Parks in procuring local and state
grants and use of Real Estate Excise Tax (REET) and Park Impact Fee (PIF) funding sources to
construct the proposed park improvements. There may be an opportunity to participate in the next
phase of development including permitting assistance, construction documents, estimation of
probable construction cost, bidding assistance and construction phase services.
Products/Deliverables: Work will include but not be limited to the following tasks:
• Review of background, history, studies, reports, drawings, surveys and easements
• Physical inspection/inventory of existing park features and facilities
• Participation in facilitation of public meetings with a specialized team member (consultant)
to solicit input and systematically review alternatives and final design
• Working collaboratively with City staff, including Tukwila Parks and Recreation throughout
the planning and design process
• Working with City staff and a citizen steering committee to help shape program, design,
and outcome measures
• Presentations before Tukwila Parks Advisory Commission, Tukwila City Council’s Community
Safety and Services Committee, and Tukwila City Council
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R F Q 2 0 2 3 -PR0 0 2 - P a r k M a s t e r P l a n S e r v i c e s P a g e | 3
Proposed Project Schedule:
April 10, 2023 5pm (Pacific Time) Final day and time to receive RFQs
April 10-14, 2023 Review RFQ submissions
April17-19, 2023 Scheduled interviews of top consultant(s)/firms
May 10 2023 Recommended Contract Approval to Park Commission and City Council (est.)
May -August 2023 Public outreach and park master plan development for both parks
September-October 2023- Draft and Final Park Master Plans submitted
Budget
Requested work not to exceed $80,000
Response Requested
The City is soliciting quotes from 5 qualified firms identified from the Municipal Research Services
Center Small Works Roster to engage in the Scope of Work.
Quotes received will be evaluated based on the City’s proposed project schedule (above), quality,
scope, schedule, and budget of previous work, references, and how closely the needs of the RFQ
are reflected in the quote. Additional selection criteria noted below. After successful contract
negotiations have been completed, the apparent successful consultant(s)/firm will be awarded the
work.
Consultants will be Selected Based on the Following Criteria:
Tukwila Parks is seeking a diverse team that has the following abilities:
•Ability to provide services based on the Scope of Work
•Experience in collaborative design services and public participation in the design process
•Experience in collaboration with multi-disciplinary and multi-agency projects
•Experience in design of public park facilities
•Experience in the design of zero-depth aquatic play facilities (i.e., Spray grounds)
•Knowledge and experience with City of Tukwila plan review and permitting processes
•Experience of key staff members who would be assigned to this project
•Ability to meet the proposed schedule of this project
Statements of Interest may not exceed 25 total pages in length. Included in the
Statement of Interest should be the following:
•A letter of interest from the prime firm, signed by the principal professional intended to
lead the study effort. The letter needs to include contact information and indicate the
availability of all members of the team necessary to conduct the services within the
estimated schedule established by Tukwila Parks and Recreation.
•Identification of key firms and individuals proposed to make up the team. Include an
explanation of how this team will be organized and managed.
•Background resumes demonstrating the experience of key professionals making up the
proposed team.
•Respondents are requested to provide at least 3 references for comparable work/projects.
•Descriptions of successful planning and design projects of a similar nature completed by
the firm and its team members, including their locations, and client contact information that
Tukwila Parks may use as reference.
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Please email one (1) electronic copy in PDF format to parksrfpinfo@tukwilawa.gov and submit four
(4) bound copies of the above information for use by members of a consultant selection committee.
Following an evaluation of the RFP’s received, the firm(s) considered to be the most qualified may
be requested to participate in an additional proposal / interview process. No further action beyond
submission of the above information is required currently.
Project Contact Information
For questions regarding the Request for Qualifications, the City requests all inquiries be submitted
via email only, to parksrfpinfo@tukwilawa.gov and to the attention of:
Kris Kelly, Parks Manager
City of Tukwila Parks and Recreation
parksrfpinfo@tukwilawa.gov
All questions and staff responses will be routinely posted here:
https://www.tukwilawa.gov/departments/parks-and-recreation/projects-and-planning/
All submissions must be received by 5pm (Pacific Time) on April 10, 2023.
No submittals will be accepted after this date and time.
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R F Q 2 0 2 3 -PR0 0 2 - P a r k M a s t e r P l a n S e r v i c e s P a g e | 5
Tukwila Community Center
12424 42nd Ave S
Tukwila, WA 98168
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Foster Park
13919 53rd Ave S Tukwila 98168
52
City of Tukwila Contract Number:
6200 Southcenter Boulevard, Tukwila WA 98188
PROFESSIONAL SERVICES AGREEMENT
(Includes consultants, architects, engineers, accountants, and other professional services)
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as “the City”, and Berger Partnership, hereinafter referred to as “the Consultant”, in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform Park Master Plan
Design services in connection with the project titled Foster Park and Tukwila Community
Center Park Master Planning.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit “A”
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending December 31, 2024, unless sooner
terminated under the provisions hereinafter specified. Work under this Agreement shall
commence upon written notice by the City to the Consultant to proceed. The Consultant shall
perform all services and provide all work product required pursuant to this Agreement no later
than December 31, 2024 unless an extension of such time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
“B” attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $80,000 without express written modification of the Agreement signed by the City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant’s records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
53
CA revised May 2020 Page 2
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant’s endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances
and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and damages
caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant’s liability
hereunder shall be only to the extent of the Consultant’s negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the Consultant's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of
this section shall survive the expiration or termination of this Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property whic h may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant’s maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage provided
by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in
equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury
and property damage of $1,000,000 per accident. Automobile Liability insurance
shall cover all owned, non-owned, hired and leased vehicles. Coverage shall be
written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $2,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall
cover liability arising from premises, operations, stop-gap independent contractors
and personal injury and advertising injury. The City shall be named as an
additional insured under the Consultant’s Commercial General Liability insurance
policy with respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO endorsement form CG 20 26.
3. Workers’ Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
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CA revised May 2020 Page 3
4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000
policy aggregate limit. Professional Liability insurance shall be appropriate to the
Consultant’s profession.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher
insurance limits than the minimums shown above, the Public Entity shall be insured for the
full available limits of Commercial General and Excess or Umbrella liability maintained by
the Contractor, irrespective of whether such limits maintained by the Contractor are greater
than those required by this Contract or whether any certificate of insurance furnished to
the Public Entity evidences limits of liability lower than those maintained by the Contractor.
C. Other Insurance Provision. The Consultant’s Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they shall
be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance
pool coverage maintained by the City shall be excess of the Consultant’s insurance and
shall not be contributed or combined with it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
E. Verification of Coverage. Consultant shall furnish the City with original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Contractor
before commencement of the work. Upon request by the City, the Consultant shall furnish
certified copies of all required insurance policies, including endorsements, required in this
Agreement and evidence of all subcontractors’ coverage.
F. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds due
the Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the services
provided under this Agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to the
Consultant, or any employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to deduct
from the contract price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
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CA revised May 2020 Page 4
11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin,
age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation,
the presence of any disability, or any other protected class status under state or federal law,
in the selection and retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non-Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days
written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement between
surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue; Attorney’s Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically understand and agree
that venue shall be properly laid in King County, Washington. The prevailing party in any such
action shall be entitled to its attorney’s fees and costs of suit. Venue for any action arising
from or related to this Agreement shall be exclusively in King County Superior Court.
16. Severability and Survival. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any other
provisions hereof and all other provisions shall remain fully enforceable. The provisions of this
Agreement, which by their sense and context are reasonably intended to survive the
completion, expiration or cancellation of this Agreement, shall survive termination of this
Agreement.
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Berger Partnership
1927 Post Alley, Ste. 2
Seattle, WA 98101
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
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CA revised May 2020 Page 5
DATED this _________ day of ____________________________, 20_____.
** City signatures to be obtained by
City Clerk’s Staff ONLY. **
CITY OF TUKWILA
Allan Ekberg, Mayor
ATTEST/AUTHENTICATED:
Christy O’Flaherty, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
** Consultant signature to be obtained by
sponsor staff. **
CONSULTANT:
By:
Printed Name:
Title:
57
58
Landscape Architecture
Urban Design
Berger Partnership PS
1927 Post Alley, Ste. 2
Seattle, WA 98101
206 325 6877
bergerpartnership.com
6.5.23
Kris Kelly, Parks and Recreation Manager
Pete Mayer, Parks and Recreation Director
Parks and Recreation Department
6200 Southcenter Boulevard
Tukwila, WA 98188
Proposal for Landscape Architectural Services: Foster Park and Tukwila Community Center Park
Master Plans
Dear Kris and Pete:
We are pleased to have the opportunity to work with the Tukwila community and city staff to
prepare a master plan for both Foster Park and the Tukwila Community Center Park. Detailed
herein is our scope of work and fee for the project for your review.
Project Team
To complete the scope of work, we have resource consultants available to help shape the master
plans. Our intent is to utilize these consultants early in the process to identify critical issues that
may impact the future development of each site; however, we do not plan to get into substantive
scope/detail with these consultants as part of the master plan process. Resources include the
following:
• Civil Engineering: KPFF
• Geotechnical Engineering: Shannon & Wilson (S&W)
• Mechanical Engineering for Spray Park: GDM
• Athletic Fields: D.A. Hogan
Project Understanding
This scope of work is for the development of two master plans, Foster Park and Tukwila
Community Center Park, to be completed as one process. It is assumed that development
milestones and deliverables will be shared between the two projects. Anticipated phases of work
are as follows.
Project Administration
Work in this task may include:
• Develop project timeline with all proposed major milestones.
• Kick-off meeting (site walk) with key city staff to initiate project design.
• Prepare monthly progress reports and invoices.
• Manage subconsultants.
• Regular communication with city project manager on progress, problems, and issues.
59
6.5.23
Kris Kelly, Parks and Recreation Manager
Pete Mayer, Parks and Recreation Director
Tukwila Parks and Recreation Department
Proposal for Landscape Architectural Services: Foster Park and Tukwila Community Center Park
Master Plans
Page 2 of 4
Site Investigation and Analysis
Work in this task may include:
• Site investigations:
o Review background information, including applicable information provided by city,
including recent planning documents, record design drawings, or previous survey
information for each site.
o Construct base plan from GIS and aerial photography resources of adequate detail to
guide the master plan process. This assumes the city is able to provide the raw data
used in the Tukwila iMap or the design team can gather sufficient data from King
County.
Survey work is not anticipated to be part of this scope, nor should this level
of detail be needed. However, as noted above, any previous survey work
made available would be of use to the design team.
o Prepare preliminary reconnaissance memos as required to identify issues impacting
the master plans.
Public Engagement Plan and Implementation
Work in this task may include:
• Prepare Community Involvement Plan:
o Includes stakeholder groups, partners, and census info on neighborhood (with city
support) to understand language needs. Plan will detail approach for project
communications for the duration of the master plan.
• Prepare outreach materials:
o Materials will include narratives, questions, graphics, and character photos to push
out information about the project and to solicit input at key design milestones.
Materials will be designed to source realistic, actionable feedback from the
community and provide clear choices to establish priorities and tradeoffs. Materials
will include image-based selections such as character photos. Material will be used
for the following:
Web presence updated with milestone deliverables (assumes city will handle
formatting and hosting web content).
Materials for public meetings (hand-outs and boards printed in-house by
Berger).
o For all public meetings Berger Partnership may:
Develop an agenda for all meetings. (Verified with city)
Prepare messaging for community invitations.
60
6.5.23
Kris Kelly, Parks and Recreation Manager
Pete Mayer, Parks and Recreation Director
Tukwila Parks and Recreation Department
Proposal for Landscape Architectural Services: Foster Park and Tukwila Community Center Park
Master Plans
Page 3 of 4
Prepare materials for all meeting milestone (to be simultaneously deployed
to web presence), including online survey content (images and questions for
city web deployment).
o For all public meetings the city will:
Arrange venues.
Be responsible for any email/hardcopy promotion of meetings/events.
Manage content on website, posting surveys, and providing survey results
back to Berger for interpretation and distillation.
• Synthesize public input from public meetings.
Develop and Present Preliminary Concept Plans
Work in this task may include:
• Prepare concept plans and graphics:
o Schemes may be hand drawn, digital, or any combination thereof as determined
by Berger to convey design intent.
Master Plan Development
Work in this task may include:
• Prepare draft preferred plan.
• Hone preferred plan.
• Draft master plan report
o Provide supporting narrative for design and process.
• Prepare cost estimate:
o These are high-level master plans, and the cost estimate too will be equally high
level, utilizing allowances to account for many of the not fully designed elements
and providing an allowance that future design development can build toward.
• Finalize master plan report and cost estimate.
Assumptions
• Base plan will be developed from available GIS and aerial photos. No survey is included in
this scope of work.
• Public outreach content (drawings, graphics, and narratives will be provided by the design
team to be posted by the city on the city website).
• City to implement and maintain social media outreach content and platform.
• Targeted mailings or digital outreach as deemed appropriate to be coordinated by the
city.
• Translation and interpretation of project deliverables will be provided by others.
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6.5.23
Kris Kelly, Parks and Recreation Manager
Pete Mayer, Parks and Recreation Director
Tukwila Parks and Recreation Department
Proposal for Landscape Architectural Services: Foster Park and Tukwila Community Center Park
Master Plans
Page 4 of 4
• The master plan will be prepared to support RCO and other grant pursuits; however, grant
pursuit activities are not part of this scope of work.
• A SEPA submittal process is not anticipated with this scope.
Fees
We will be proceeding on this project on an hourly basis plus expenses with a not to exceed total
of $80,000.00. We will bill monthly for hours accumulated, identifying both who was performing
the work and what the tasks were. Expenses will be itemized as appropriate to the project.
Services beyond those noted in this proposal will be billed as additional services on an hourly basis
as follows:
Principal $225.00 per hour
Associate $180.00 per hour
Project Manager $150.00 per hour
Landscape Architectural Staff $120.00 per hour
Administrative Staff $105.00 per hour
Printing, reprographic expenses, CAD plots, travel costs, and other reimbursable expenses will be
billed at cost plus a 10% administrative mark-up and are included in the proposed fee.
If you have questions, would like more information, or wish to make any modifications, please do
not hesitate to contact us. We are looking forward to working with you on the master plans for
Foster Park and Tukwila Community Center Park.
Sincerely,
Berger Partnership PS
Guy Michaelsen, PLA Evan Blondell
Principal Project Manager
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City of Tukwila
City Council Community Services & Safety Committee
Meeting Minutes
June 12, 2023– 5:30 p.m. – Hybrid Meeting; Hazelnut Conference Room & MS Teams
Councilmembers Present: Mohamed Abdi, Chair; Thomas McLeod, Tosh Sharp
Staff Present: David Cline, Pete Mayer, Kris Kelly, David Rosen, Eric Lund
Chair Abdi called the meeting to order at 5:30 p.m.
I.BUSINESS AGENDA
A.Foster Golf Links Concession Agreement
Staff is seeking approval of an agreement with MMS Consultants, Inc. to continue the provision
of concessions at Foster Golf Links for another seven years.
Committee Recommendation:
Unanimous approval. Forward to June 26, 2023 Special Consent Agenda.
B.Contract: Master Plans for Joseph Foster and Tukwila Community Center Park
Staff is seeking approval of a contract with the Berger Partnership in an amount not to exceed
$80,000 for Master Plan Design services for Foster and Tukwila Community Center Parks.
Committee Recommendation:
Unanimous approval. Forward to June 26, 2023 Committee of the Whole.
II.MISCELLANEOUS
The meeting adjourned at 6:20 p.m.
MA Committee Chair Approval
Minutes by LH
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ITEM INFORMATION
STAFF SPONSOR: DAVID ROSEN ORIGINAL AGENDA DATE: 6/26/23
AGENDA ITEM TITLE Foster Golf Links Concession Agreement Renewal: MMS Consultants Inc.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date 6/26/23 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Admin Svcs DCD Finance Fire P&R Police PW
SPONSOR’S
SUMMARY The current agreement between the City of Tukwila and the concessionaire located at
Foster Golf Links (FGL), MMS Consultants Inc., is set to expire July 1, 2023. To prevent
service disruption for golfers at FGL and customers for the concessionaire, a contract
renewal is being sought with modifications agreed to by both parties.
REVIEWED BY Trans&Infrastructure Svcs Community Svcs/Safety Finance & Governance Planning & Community Dev.
LTAC Arts Comm. Parks Comm. Planning Comm.
DATE: 6/12/23 COMMITTEE CHAIR: ABDI
RECOMMENDATIONS:
SPONSOR/ADMIN. Parks & Recreation Department
COMMITTEE
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source: FOSTER GOLF LINKS FUND
Comments: Additional utility share will create estimated $24K in utility costs
MTG. DATE RECORD OF COUNCIL ACTION
6/26/23
MTG. DATE ATTACHMENTS
6/26/23 Informational Memorandum dated June 2, 2023
Proposed Foster Golf Course Concession Agreement
FGL Concession Fees History
FGL Leasehold Excise Tax History
Minutes from the 6/12 CSS Committee meeting
COUNCIL AGENDA SYNOPSIS
----------------------------------Initials --------------------------------- ITEM NO.
Meeting Date Prepared by Mayor’s review Council review
6/26/23 DR
Unanimous Approval; Forward to 6/26 Special Consent
Spec 2.C.
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INFORMATIONAL MEMORANDUM
TO: Community Services & Safety Committee
FROM: David Rosen, Parks & Recreation Fiscal Analyst
DATE: June 2, 2023
SUBJECT: Renewal of Foster Golf Links Concessionaire Contract with MMS Consultants Inc.
ISSUE
The current agreement between the City of Tukwila and the concessionaire located at Foster Golf Links
(FGL), MMS Consultants Inc., is set to expire July 1, 2023. To prevent service disruption for golfers at
FGL and customers for the concessionaire, a contract renewal is being sought with modifications
agreed to by both parties.
BACKGROUND
Foster Golf Links provides food and beverage services via an on-site Concessionaire. Said
Concessionaire is granted exclusive restaurant, lounge, snack bar, catering, and beverage/snack cart
concession rights at the golf course in exchange for payment of Concession Fees in the form of a
percentage of their gross receipts. This Agreement does not prevent the FGL Pro Shop from selling
food and beverage incidentals such as bottled water, chips, candy, etc.. Since 2009 the Concessionaire
at FGL has been MMS Consultants Inc., operating as Billy Baroo’s. The contract with MMS was
renewed in 2016 and is now set for another renewal in the coming month. Said renewal is for 7 years.
DISCUSSION
Staff are pleased to have secured the following changes in the proposed agreement:
Fully retained Concession Fees percentages
Change to Concession Fees timeline and payment method, saving General Fund $3K in CC Fees
Fully defined complete food services to guarantee provision of turn window and snack/beverage
cart services to golfers year round
Better defined meetings and communications between both contract parties, including
advertisement program approvals, quarterly meetings, maintenance coordination, and on-site
inspections
Secured usage of banquet rooms at FGL that will not require usage of Concessionaire services,
allowing a lower cost approach for city departments or staff to utilize the facilities on a limited basis
Clarified contract language around maintenance and custodial responsibilities that will enable faster
response times for both parties, maintaining service provision and customer satisfaction
Overall, staff were able to secure higher service levels for golfers and customers, better coordination
between parties, general fund savings, and removed barriers to facility use, in exchange for higher
utility share for power and water/sewer. These changes and final language were coordinated with our
golf business plan consultant, National Golf Foundation, who believes the changes made will serve to
benefit both parties in terms of bottom line financial performance.
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FINANCIAL IMPACT
The Concession Agreement creates revenue for the Foster Golf Links (411) Fund via Leasehold Excise
Tax and Concession Fees paid to the city by the Concessionaire. The revenue amounts generated by
these sources for the past five fiscal years are as follows:
Source 2019 2020 2021 2022 2023 YTD
Leasehold E. Tax $4,046 $1,925 $2,895 $3,618 $0
Concession Fees $103,224 $49,112 $73,853 $92,283 $31,312
As part of contract negotiations, the City has agreed to a utility share that increases our responsibility
for power and water/sewer charges at Foster Golf Links Clubhouse. This increased utility share is
estimated to cost the 411 Fund $24,000 per fiscal year. Additional revenue gained via increased
Concessionaire services secured by the contract is indeterminate at this time. However, additional
services secured have been identified as golfers greatest complaint areas per our consultant, staff is
confident services secured will enable Foster Golf Links to remain competitive in the local golf market.
RECOMMENDATION
Staff recommends the committee forward the attached contract for approval on the City Council
Consent Agenda on June 26, 2023.
ATTACHMENTS
A --- Proposed Foster Golf Course Concession Agreement
B --- Concession Fees History
C --- Leasehold Excise Tax History
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Page 1 of 37
FOSTER GOLF COURSE RESTAURANT
CONCESSION AGREEMENT
This agreement (“Agreement”) is entered into by and between the CITY OF
TUKWILA, a municipal corporation of the State of Washington (hereinafter referred to
as the “City”) and MMS CONSULTANTS, INC., jointly and severally (hereinafter
referred to as “Concessionaire”).
WITNESSETH, that in consideration of the mutual promises, covenants and
agreement contained herein, the parties hereby agree as follows:
I. CONCESSION RIGHTS GRANTED
The City hereby grants to the Concessionaire for the term and upon the conditions and
provisions contained herein the exclusive restaurant, lounge, snack bar, catering, and
beverage/snack cart concession rights at the Foster Golf Course located at 13500
Interurban Avenue, Tukwila, Washington, legally described in Exhibit B attached
hereto and incorporated herein by reference. The facilities available to the
Concessionaire to carry on all activities authorized in this Agreement shall be located
within the Club House and shall hereinafter be referred to as the “Concession Areas”
and shall include only the Restaurant, Lounge, Kitchen, Turn Window, Banquet Rooms,
Storage, Hallway to Banquet Rooms, Covered Patio, Patio, Interior Rest Rooms,
Marketing Office, Lobby/Hospitality Area also known as rooms 101, 102, 104, 103, 108,
110, 111, 112, 114, 115, 116, 121,122, 129, 130,130A, and A-3 as shown on the floor plan
attached as Exhibit A attached hereto and incorporated by reference. In addition, the
City grants the Concessionaire the exclusive right to operate a beverage/snack cart on
the golf course. City reserves the right, and Concessionaire acknowledges City’s right,
for the golf course pro shop to sell drip coffee, bottled or canned beverages (except
alcoholic beverages), prepackaged snacks and prepackaged sandwiches incidental to
the operation of the pro shop.
II. TERM OF CONCESSION AGREEMENT
This agreement shall commence on July 1, 2023 (the “Commencement Date”), and shall
expire seven (7) years from the first day of the first calendar month immediately
following the Commencement Date. Provided that Concessionaire is not then in default
of this Agreement, Concessionaire shall have right to further extend the lease for an
additional seven (7) years, provided the city and concessionaire mutually agree upon
reasonable modifications (if any) to those fees and assessments contained in Article III
of this agreement, and further agree upon any facility restorations, improvements, or
upgrades that result from the evaluation of facility conditions, potential improvements
or alterations. Notification of the Concessionaire’s intent to exercise provisions for this
lease must be issued by the Concessionaire to the City by formal written notice, not
later than one hundred eighty (180) days prior to the expiration of the initial term of this
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Page 2 of 37
Agreement. If the seven (7) year extension is sought, the terms of this Agreement or any
revisions thereto when mutually agreed to by the City and Concessiona ire shall apply
to the additional seven (7) year period. For the term of this Agreement and any renewal
or extension, Manmohan (MM) Sharma shall be Manager of the INC. and together hold
a majority percentage interest in the INC.
III. CONCESSION FEES
A. Concession Fees (defined below in Section III.G.) shall be paid to the City by the
Concessionaire as follows:
Restaurant /Lounge
/Beverage & Snack Cart 6% of Gross Receipts up to $2,000,000.00
5% of Gross Receipts above $2,000,000.00
Catering /Room Rental 6% of Gross Receipts up to $500,000.00
5% of Gross Receipts above $500,000.00
Out Catering 2% of Gross Receipts
B. The payments of a percentage of Gross Receipts, as set forth above, are hereinafter
referred to as the “Percentage Fees.”
C. In accordance with state law the City is charged a leasehold tax on the Percentage
Fees paid to the City at a rate of 12.84% (“Leasehold Tax”). The Leasehold Tax is in
lieu of payment of property tax and shall be payable to the City by the
Concessionaire.
D. The term ‘Gross Receipts” shall include the total amount in dollars of the actual
price charged, whether for cash or on credit, for all sales by Concessionaire for
merchandise, food, beverages, services, gift or merchandise certificates, rentals, and
all other receipts from business conducted at, in, on, about or from the Concession
Areas (including internet sales), but shall not include the following:
(a) sales of gift or merchandise certificates until converted to a sale by rede mption
on the Concession Areas;
(b) any sums collected and remitted for any retail sales tax, retail excise tax or general
excise tax imposed by any duly constituted governmental authority and
separately state to and collected from customers;
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Page 3 of 37
(c) any exchange of goods or merchandise between the stores of Concessionaire
where such exchange of goods or merchandise is made solely for the convenient
operation of the business of Concessionaire;
(d) any cash or credit discount, allowance or refund made upon any sale;
(e) any sales of fixtures and equipment which are not a part of Concessionaire’s stock
in trade;
(f) the sales price of meals provided to employees;
(g) the portion of meals provided to customers pursuant to coupons or other
promotional programs or devices (to the extent that Concessionaire receives no
payment for the coupon or promotional programs or device);
(h) tips or gratuities paid by customers to or for the benefit of Concessionaire’s
employees which are retained by Concessionaire’s employees;
(i) the portion of the receipts from any vending machines or other coin- or
token-operated device that Concessionaire must remit to any third party for
providing and/or stocking said machine or device, excluding any vending
machines located inside the Pro Shop;
(j) the price charged for sales to purchasers who, by reason of canceled credit cards,
bad checks, and the like, do not pay for the same;
(k) interest, service, finance or sales carrying charges applicable to credit transactions;
(l) postage, parcel post freight, express or other delivery charges paid in connection
with any mail order sales;
(m) layaways until the sale is completed or the deposit abandoned by the customer
provided any forfeited deposits shall be reported as sales;
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(n) occasional bulk sales of inventory, including damaged or aged merchandise to
commercial customers or jobbers; and
(o) insurance proceeds for damaged furniture, improvements, fixtures, equipment
and merchandise.
E. Concessionaire shall deliver to the City on or before the 10th day of each month
following the first day of operations (1) a written report for the prior calendar month
period of all Gross Receipts from concessions for such period in a form reasonably
approved by the City, and (2) payment of the Percentage Fees for such period
calculated in accordance with Section III above. The method of payment for the
aforementioned Percentage Fees shall be debit card, check, or ACH if available. If
the monthly Percentage Fees payment is not received by the 10th of each month, then
the Concessionaire shall pay a late charge of five percent (5%) of the applicable
month’s Percentage Fees.
F. The City shall own all listed food service equipment (see Exhibit E). Concessionaire
shall be responsible for all reasonably necessary maintenance, and/or repa ir and
replacement of equipment listed in Exhibit E for the life of the concession agreement.
The concessionaire shall provide proof of normal and periodic maintenance for
range hood, exhaust and makeup air exchange, HVAC system and all maintenance
or work performed to any equipment listed in Exhibit E by furnishing quarterly
reports which include copies of servicing reports and invoices. At the termination of
this Agreement, Concessionaire shall return the listed food service equipment to the
City, subject to any wear and tear occasioned by the normal and customary use of
such equipment.
G. The Percentage Fees and Leasehold Tax are referred to collectively as the
“Concession Fees.” All required payments of Concession Fees and the monthly
Gross Receipt reports shall be delivered to the:
Finance Director
Tukwila City Hall
6200 Southcenter Boulevard
Tukwila, WA 98188
H. Concessionaire shall deposit with City the amount of FIFTEEN THOUSAND AND
NO/100 DOLLARS ($15,000) (the “Security Deposit”) as security for
Concessionaire’s compliance with its obligations under this Agreement. City shall
deposit the concessionaire security deposit in an interest -bearing account to the
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benefit of the Concessionaire. During the term of this Agreement, or upon
termination, in the event of any failure of performance or other default by
Concessionaire, the City shall be entitled to have recourse to the Security Deposit for
any unpaid concession fees, damages to the Concession Area, or other City losses
arising from Concessionaire conduct. If Concessionaire has fulfilled all of its
obligations under this Agreement, City shall reimburse to Concessionaire the
Security Deposit, together with interest accrued, within fifteen (15) days following
the expiration date of the agreement, or a termination of the agreement that is not
occasioned by a failure of performance or other default by Concessionaire. Within
fifteen (15) days following a termination of the agreement that is occasioned by a
failure of performance or other default by Concessionaire, City shall reimburse to
Concessionaire any remaining balance of the Security Deposit.
IV. OPERATIONS AND SERVICE
A. The Concessionaire shall:
1. Provide the number of personnel (in Concessionaire’s sole and reasonable
judgment) to adequately manage and staff the beverage/snack cart and
Restaurant and Turn Window portion of the Concession Areas. Personnel shall
include a manager, whose principal employment responsibility shall be the
management of this Restaurant and who shall spend a majority of his/her hours
in such management capacity on site at the Restaurant.
2. Prepare the application and assume responsibility for all costs and expenses of
the application and obtaining of a Class H license issued by the Washington State
Liquor Control Board. Concessionaire shall abide by the rules and regulations of
the Liquor Control Board relative to any such licenses. The City shall cooperate
in the application including, without limitation, executing any reasonable,
appropriate documents as “owner” of the Concession Areas that may be
required in conjunction with such application.
3. Unless otherwise provided by written approval by the City, Concessionaire shall
provide complete food services to the public every day of golf course operations.
“Complete food services” shall include a minimum of the following:
• During the Spring months (Spring Equinox – Summer Solstice):
o Turn Window shall open by 8:00AM to serve a limited menu (to be
agreed upon by both parties) and shall operate at least until full
restaurant operation begins;
o Full restaurant operation shall begin by 11:00AM on weekdays and
9:00AM on weekends. Full restaurant operation shall be provided for
a minimum of ten (10) consecutive hours each day; and
o Beverage cart operation for at least four (4) consecutive hours.
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• During the Summer months (Summer Solstice – Fall Equinox):
o Turn Window shall open by 8:00AM to serve a limited menu (to be
agreed upon by both parties) and shall operate at least until full
restaurant operation begins;
o Full restaurant operation shall begin by 11:00AM on weekdays and
9:00AM on weekends. Full restaurant operation shall be provided for
a minimum of ten (10) consecutive hours each day; and
o Beverage cart operation for at least four (4) consecutive hours.
• During the Fall months (Fall Equinox – Winter Solstice):
o Turn Window shall open by 9:00AM to serve a limited menu (to be
agreed upon by both parties) and shall operate at least until full
restaurant operation begins;
o Full restaurant operation shall begin by 11:00AM on weekdays and
9:00AM on weekends. Full restaurant operation shall be provided for
a minimum of for ten (10) consecutive hours each day; and
o Beverage cart operation on:
▪ All weekends for at least four (4) consecutive hours;
▪ All holidays for at least four (4) consecutive hours and;
▪ All afternoons when leagues are in play.
• During the Winter months (Winter Solstice – Spring Equinox):
o Turn Window shall open by 9:00AM to serve a limited menu (to be
agreed upon by both parties) and shall be provided at least until full
restaurant operation begins;
o Full restaurant operation by 11:00AM on weekdays and 9:00AM on
weekends for ten (10) consecutive hours; and
o Beverage cart operation on:
▪ All weekends for at least four (4) consecutive hours;
▪ All holidays for at least four (4) consecutive hours and;
▪ All afternoons when leagues are in play.
Said complete food services are to be provided in compliance with all applicable
health and food service regulations and shall include most holidays and all
weekends; provided, that limited food service as reasonably approved by the
City may be provided during the period(s) when remodeling and equipment
installation is taking place. The Concessionaire shall determine and post in a
physically visible location and online on a publicly accessible website which
actual hours during each day the Restaurant and Turn Window shall be open
and Snack/Beverage cart shall be operating at least 24 hours in advance of said
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operations. Nothing shall preclude the Concessionaire from operating beyond
the definition provided above.
4. Keep the areas for which the Concessionaire is responsible under this Agreement
open and use them to transact business with the public daily during hours
designated by the Concessionaire. The holidays the Concession Areas may be
closed are Christmas Eve, Christmas Day, New Year’s Day, and Thanksgiving
Day. Subject to the approval of the City, the Concessionaire may, upon po sting a
written notice to the public of not less than one week, close the restaurant and
lounge for a reasonable period of time for repairs or remodeling as authorized,
for taking inventory, or to accommodate construction by the City of public
improvements.
5. Provide necessary advertising to publicize the Restaurant, Lounge and Banquet
Rooms and establish an advertising program acceptable to and approved by the
City’s Director of Parks and Recreation Department or designee on an annual
basis. The City shall not unreasonably withhold its approval of an advertising
program proposed by the Concessionaire provided it is in conformance with
applicable laws and regulations, is generally accepted as advertising practices for
similar business operations, and reflects community standards.
B. The facility shall be smoke free. Designated smoking areas shall be at least 25ft from
the building.
C. Unless otherwise mutually agreed to, the Concessionaire shall have the exclusive
right to (1) serve and sell alcoholic beverages on the Foster Golf Course property (if
authorized by State license) and (2) operate a beverage/snack cart on the golf course
which may serve and sell alcoholic beverages, food items, and sundries. City shall
make reasonable efforts to enforce and protect the Concessionaire’s exclusive
beverage/snack/concession rights on the property.
D. The Concessionaire shall establish all prices for goods and services provided by
Concessionaire in the Concession Areas, subject to the right of the City to annually
review the price schedules for all food and beverages to ensure competitive pricing
with other golf course concessions and ensure low-cost/value priced items are
provided through the turn window and beverage/snack cart during golf hours and
operations.
E. Concessionaire may not subcontract all or any portion of the Restaurant, Lounge or
beverage cart operations.
F. All signs (entry, interior, exterior) and graphics placed upon or affixed to any of the
Concession Areas shall be subject to the prior written approval of the City, which
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approval shall not be unreasonably withheld, conditioned or delayed. The
Concessionaire shall submit detailed plans and secure any needed
permits/approvals for all exterior and interior signs. In all cases, signage shall be
consistent in size, color, lettering and theme to the clubhouse design and regular
park signage and specifications, and in accordance all governmental regulations.
G. With respect to the entry signage, including building entry and roadside signage,
the Concessionaire shall pay all related costs.
H. Concessionaire shall use reasonable, good faith efforts to communicate to and
coordinate with golf course management staff all reservations and “private”
function activities in the Concession Areas so as to avoid unreasonable conflicts with
golf course events and activities, particularly when parking limitations exist due to
tournaments, demonstrations, or other similar “high use” periods. Concessionaire
shall maintain at all times readily accessible, up-to-date scheduling records
associated with the Restaurant and Banquet Rooms.
I. The following shall be excluded from the Concessionaire’s operation:
1. Non-food products unless approved by the City; which approval shall not be
unreasonably withheld, conditioned or delayed;
2. Vending machines unless approved by the City, which approval shall not be
unreasonably withheld, conditioned or delayed; (provided, however, that
Concessionaire shall be allowed to install and maintain one (1) cash machine in
the clubhouse lobby; and
3. Video games or gambling devices unless approved by the City, which approval
shall not be unreasonably withheld, conditioned or delayed;
J. Representatives from the City and Concessionaire shall meet quarterly to discuss
the execution of this Agreement, identify and resolve issues, and discuss
modifications and/or adjustments as necessary. The parties shall designate
representatives for these meetings, no later than one (1) month after mutual
execution of this Agreement. If the City or Concessionaire wish to designate a
different representative, notice must first be provided to the other party in
accordance with Section XVII below.
V. RELATED RIGHTS
The City shall have the right at any time to establish and revise, reasonable rules and
regulations in the use of the facility, grounds, golf course, and proximate areas
provided that the City shall give thirty (30) days written notice to Concessionaire prior
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to imposing or revising such rules and regulation. The rules and regulations may
include, but are not limited to, the following:
1. The minimum number of hours that the Restaurant, Lounge, and restrooms are
to be open to the public.
2. General rules of conduct regarding use of the Restaurant, provided that such
rules shall be consistent with the spirit of this Agreement and the operation of a
first-class restaurant operation, and shall not materially increase Concessionaire’s
operating costs.
3. The City reserves the right to use the Banquet Rooms for e ight (8) events
annually, at no fee to the City for the use o f the Banquet Rooms. City shall
schedule such Banquet Room events in writing with Concessionaire not less than
thirty (30) days prior to the planned event date, and scheduling shall be subject
to events scheduled by Concessionaire prior to receipt of City’s scheduling
notice. For four (4) of the aforementioned events the City shall be required to use
Concessionaire’s food and beverage services and shall pay discounted prices for
any food, beverages or services provided to City during its use of the Banquet
Rooms. For four (4) of the aforementioned events the City shall not be obligated
to utilize the Concessionaire’s food and beverage services, however any
provision of outside food and/or beverages may not be catered for by a third
party provider.
4. The City reserves the right to use the Covered Patio for eight (8) events annually,
at no fee to the City, for the promotion of the men’s an d women’s clubs and
course tournament program. City shall schedule such Covered Patio events in
writing with Concessionaire not less than thirty (30) days prior to the planned
event date, and scheduling shall be subject to events scheduled by
Concessionaire prior to receipt of City’s scheduling notice. For four (4) of the
aforementioned events the City shall be required to use Concessionaire’s food
and beverage services and shall pay discounted prices for any food, beverages or
services provided to City during its use of the Covered Patio. For four (4) of the
aforementioned events the City shall not be obligated to utilize the
Concessionaire’s food and beverage services, however any provision of outside
food and/or beverages may not be catered for by a third party provider.
5. The City reserves the right to use of the Banquet Area and Covered Patio for
impromptu use if no conflicting events are scheduled with Concessionaire for the
use of such areas, provided that City shall give Concessionaire as much adv ance
notice as possible. City shall be required to use Concessionaire’s food and
beverage services and shall pay discounted prices for any food, beverages or
services provided to City during its use of the Banquet Area or Covered Patio.
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City shall retain all rights to make reasonable improvements to the Club House
building to enhance access or use. Prior to commencing any such improvements, the
City shall give the Concessionaire not less than thirty (30) days prior written notice of
the nature and schedule of such improvements in order for Concessionaire to review
and comment on the proposed improvements. The City shall review and duly consider
the comments of the Concessionaire and other relevant information prior to making a
final decision regarding the completion of the improvements. If these additional
improvements increase the cost of the basic liability policy to the Concessionaire, the
City shall reimburse the Concessionaire for any reasonable additional cost. City shall
use best efforts to minimize disruption, construction-related dust, and to otherwise not
interfere with Concessionaire’s operations in the Concession Areas. The City shall not
unreasonably interfere with access to the Premises by Concessionaire, its employees,
vendors, and customers.
VI. PRICES AND WEIGHTS
Concessionaire and its employees shall not make or permit any misrepresentation as to
kind, quality, weight or price of food, beverages or merchandise offered for sale, nor
refuse to sell the same, which have been displayed or adv ertised (except due to
unavailability of the particular item or running out of stock).
VII. CUSTODIAN AND SECURITY SERVICES
A. Concessionaire shall, at all times, keep the Concession Areas in a neat, clean, safe
and sanitary condition, and in compliance with all applicable codes.
Concessionaire shall consult with the Tukwila Police Department in order to
assist in public safety for all customers. Concessionaire shall keep the glass of all
windows and doors clean and presentable, furnish all cleaning supplies and
materials needed to operate the Concession Areas in a manner prescribed in this
Agreement, and provide all necessary janitorial services to adequately maintain
Concession Areas. Concessionaire shall provide alarmed security in the
concession areas when the premises is closed.
B. The gate installed at the main entrance to the property shall be closed and
securely locked every night by either Concessionaire or City staff, whichever is
the last to leave the premises on a given night. The Concessionaire an d City shall
regularly communicate and coordinate the execution of this task. Failure to lock
the security gate by either the Concessionaire or the City on a given night shall
not create additional liability for either party in the event of damages that occur.
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VIII. UTILITIES
The City and Concessionaire agree to pay for utility charges consistent with Exhibits
“D” and “E” of this Agreement. The Concessionaire shall also install and maintain at its
expense, a private telephone in the Concessionaire office.
IX. CAPITAL IMPROVEMENTS
A. Concessionaire shall, prior to commencing formal planning for any facility
alterations, improvements, or construction (interior or exterior), submit to the City’s
Director of Parks and Recreation a concept proposal pape r including preliminary
sketches of such work, including work schedule and timeline. If approved by the
Director of Parks and Recreation, the Concessionaire may then submit to the City in
writing, formal plans for alterations, improvements, and construction along with a
breakdown of costs for such improvements. Such approval by the Director of Parks
and Recreation shall not be unreasonably withheld, conditioned or delayed.
B. All plans submitted are subject to the approval of the City prior to commencement
of any alteration, improvements or construction. The City agrees to promptly review
said plans, and if the alterations, improvements, and construction are acceptable, to
promptly approve the same, and the plans as approved shall be attached to an
executed copy of this Agreement and incorporated herein. Such approval by the
City shall not be unreasonably withheld, conditioned or delayed.
C. The City’s Consent may be conditioned on compliance with any applicable City and
State laws regarding procurement of the capital improvement work, and/or
working conditions on the project.
D. All work performed shall be in accordance with approved plans, and shall be
carried out in a manner that minimizes impact upon the use of golf course to the
public. Concessionaire shall be responsible for obtaining all governmental permits
and meeting all code requirements and shall submit copies of the same to the City or
its representative prior to commencing any construction on the Concession Areas.
E. The City may conduct inspections of any capital improvement work at any time to
assure itself that such work is in accordance with the plans approved by the City. In
the event any such work is not according to plans as then approved by the City,
shall send a Notice of Non-Compliance to the Concessionaire. In the event the
Concessionaire fails to make corrections within twenty (20) days after the
Concessionaire’s receipt of such Notice of Non-Compliance, the City may make
whatever corrections necessary to bring such work into compliance with the plans as
approved, and shall charge the Concessionaire for all reasonable costs of such
corrective work.
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F. All alterations, improvements, and construction (excluding trade fixtures) shall
become the property of the City upon termination or expiration of this Agreement
and shall be installed solely at the Concessionaire’s expense unless the City
expressly agrees in writing to contribute toward the costs thereof. Notwithstanding
any provision to the contrary contained herein, upon termination of this Agreement,
Concessionaire shall have the right to de-identify the Concession Areas by removing
all brand-identity elements such as proprietary signage, custom lighting, trade
fixtures, and personal property related to the Concessionaire’s restaurant brand.
X. MAINTENANCE
A. Concessionaire shall be responsible for all maintenance in the Concession Areas and
shall repair and replace all damage arising out of its use, or the use of its patrons, of
the concession areas, reasonable wear and tear excepted. Maintenance shall include
cleaning, refinishing, changing of light bulbs, and painting of the interior of the
Concession Areas specifically including the restaurant, lounge, kitchen, banquet
rooms, carpet, and interior restrooms and the exterior’s covered patio, and patio
areas. Concessionaire shall maintain the Concession Areas to first class commercial
facilities standards. Any failure by the Concessionaire to maintain the Concession
Areas shall be deemed a default under the Agreement.
B. The City shall maintain the building structure (including roof, structural elements,
exterior walls, doors and windows), foundation, HVAC system (not including
kitchen range hood, exhaust and make-up air exchange and HVAC system servicing
the kitchen area), electric power lighting panels and distribution circuits, plumbing
system, provided, that any damages or repairs which are the result of the
Concessionaire’s negligent or intentional acts shall be the responsibility of the
Concessionaire. City acknowledges that it is responsible for the construction and
installation of the plumbing system, including the dishwasher drain and any grease
traps. City shall indemnify and hold harmless Concessionaire from any cost or
expense associated with the maintenance, repair, or replacement of the dishwasher
drain/plumbing system due to the City’s election to construct the dishwasher
drain/plumbing system without a grease trap.
B.1. Coordination of Maintenance. For the areas the City is obligated to maintain
per Section X.B of this Agreement the Concessionaire shall promptly notify
the City of any maintenance needs. All such requests shall be made to the
City, in writing, to the Parks and Recreation Director within twenty-four (24)
hours of identifying the need. Nothing within this section shall preclude the
Concessionaire from obtaining emergency repairs and/or services should
they be necessary to maintain operations of the Concession Areas safely and
legally per applicable codes, regulations, and statutes. In the event of
procuring emergency repairs and/or service the Concessionaire shall first
make reasonable efforts to contact the identified City maintenance
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coordination contact. Should the emergency repair and/or service be for a
system and/or facility that is deemed the City’s responsibility to maintain,
the City shall deduct and/or credit an agreed-upon amount for said repair
and/or service from the Concessionaire’s next Percentage Fees payment.
C. The City and Concessionaire have agreed to independent and shared responsibilities
related to the Concession Areas and all facilities located at or within the Club House
at Foster Golf Links. Except as otherwise stipulated in Exhibit D, the Concessionaire
shall provide custodial and maintenance services to the Concession Area s while the
City shall provide custodial and maintenance services to areas excluding the
Concession Areas. Shared responsibility shall mainly exist concerning the cost share
of utilities as described in Section VIII.
XI. HAZARDOUS SUBSTANCES
A. As used herein, the term “Hazardous Substance” means any hazardous, toxic, or
dangerous substance, waste, or material, which is or becomes regulated under any
federal, state, or local statute, ordinance, rule, regulation, or other law now or
hereafter in affect pertaining to environmental protection, contamination, or cleanup
(collectively, “Environmental Laws”).
B. Concessionaire shall keep upon the Concession Areas, in a location accessible to
City, on request during normal business hours, copies of all report s regarding
hazardous or toxic materials in the Concession Areas that Concessionaire has
provided to any governmental agency in the previous quarter. Concessionaire shall,
upon request and at Concessionaire’s expense, provide City with a copy of any such
report as to which City requests a copy. In the event of any accident, spill, or other
incident involving hazardous or toxic matter that Concessionaire is required to
report to any governmental agency, Concessionaire shall immediately report the
same to the City and supply City with all information and reports with respect to
the same, together with Concessionaire’s clean-up or remediation plan and
schedule. If such clean-up or remediation plan is not acceptable to City in City’s sole
discretion, City may so notify Concessionaire and, upon 48 hours prior written
notice (or without notice if so required by an emergency) may enter on the
Concession Areas to conduct the cleanup or remediation and charge Concessionaire
the costs thereof. All information described herein shall be provided to City
regardless of any claim by Concessionaire that it is confidential or privileged,
provided that the City shall not publish or disclose the information to any third
party except as pursuant to Chapter 42.56, the Public Records Act.
C. Indemnification: Concessionaire agrees to hold harmless, protect, indemnify, and
defend City from and against any damage, loss, claim, or liability, INCLUDING
reasonable attorney’s fees and costs, resulting from Concessionaire’s use, disposal,
transportation, generation, and/or sale of any Hazardous Substances. The City
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agrees to hold harmless, protect, indemnify, and defend Concessionaire from and
against any damage, loss, claim, or liability, including attorney’s fees and costs,
resulting from (a) Hazardous Substances existing on the Concession Areas as of May
8, 2009; or (b) Hazardous Substances thereafter used, disposed of, or generated on
the Concession Areas by the City; or (c) Hazardous Substances used, disposed of, or
generated on the Concession Areas by any third party unrelated to Concessionaire.
These indemnities will survive the termination of this Agreement, whether by
expiration of the Term or otherwise.
D. Risk of Loss: All personal property of any kind or description whatsoever in the
Concession Areas shall be at the Concessionaire’s sole risk, and City shall not be
liable for any damage done to, or loss of, such personal property. However,
Concessionaire is not responsible for losses or claims of stolen property during those
periods of exclusive use of these areas by the city or its employees.
XII. TERMINATION
A. The parties may terminate this Agreement at any time by mutual execution of such
written termination agreement as may be negotiated between the parties.
B. The City may terminate this Agreement and take immediate possession of the
Concession Areas in the event that the Concessionaire shall have failed to perform
any of the covenants or conditions of this Agreement and such default or deficiency
in performance was not remedied by the Concessionaire within thirty (30) days after
receiving notice in writing stating with reasonable specificity the nature of the
default or deficiency and the City’s intention to terminate if not corrected; provided,
however, that in the event of a default or deficiency that is of a nature requiring
more than 30 days to remedy, Concessionaire shall not be in default so long as
Concessionaire undertakes to remedy the default or deficiency within the 30 -day
period and thereafter diligently pursues completion of the remedy.
This paragraph shall not apply where the Concessionaire’s failure to perform i n a
timely manner was caused by the Concessionaire’s inability to secure necessary
governmental permits, excluding licenses from the Washington State Liquor Control
Board. The Concessionaire may terminate this Concession Agreement in the event it is
unable to secure the governmental permits necessary to the use of the Concession Areas
proposed herein.
C. In addition, the City may terminate this Agreement and take immediate possession
of the Concession Areas in the event that the Concessionaire shall have b een
convicted of committing or engaging in any illegal activity as a part of the
concession operations, including the willful failure to pay all taxes and required fees.
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D. In the event that after termination, as provided herein, Concessionaire has not
removed its property and fixtures within the time allowed, the City may, but need
not, remove said personal property and hold it for the owners thereof , or place the
same in storage, all at the expense and risk of the owners thereof, and
Concessionaire shall reimburse the City for any expense incurred by the City in
connection with such removal and storage. The City shall have the right to sell such
stored property, without notice to Concessionaire, after it has been stored for a
period of thirty (30) days or more. The proceeds of such sale shall be applied first to
the cost of such sale, second to the payment of the charges for storage, and the third
to the payment of any other amounts which may then be due from Concessionaire to
the City, and the balance, if any, shall be paid to the Concessionaire.
Notwithstanding any provision to the contrary contained herein, City’s and
Concessionaires rights under this paragraph shall be subject to the applicable laws
of the State of Washington.
E. Upon expiration of the term of this Agreement, Concessionaire shall remove all its
goods, wares and merchandise from the Concession Areas and shall remove any
equipment or trade fixtures placed therein by Concessionaire pursuant to the terms
of any written Agreement providing for removal by the Concessionaire upon
expiration. The Concessionaire shall have twenty (20) days to complete removal of
such property from the Concession Areas. The Concessionaire shall restore any
areas damaged by the installation of trade fixtures or equipment to the condition of
the area before installation occurred, reasonable wear and tear excepted. No non -
trade fixtures or improvements or additions to the Concession Areas shall be
removed unless previously agreed in this Agreement or a separate writing signed by
both parties. The City may, but need not, treat any property remaining upon the
Concession Areas after expiration of this Agreement or period for removal of
Concessionaire’s property as abandoned by Concessionaire, and may make any
disposition of such property as the City deems fit.
F. Upon termination or expiration of this Agreement, the Concessionaire shall
surrender the Concession Areas to the City in as good condition as at the date of
execution of this Agreement, except for the effects of reasonable wear and tear,
alterations and repairs made with the concurrence of the City, and property damage
caused by risks insured against under fire, extended coverage and vandalism
insurance in current practice.
XIII. STANDARDS OF CONDUCT
A. Concessionaire recognizes that, although it is operating the concession facilities as
an independent operator for profit, the City’s Department of Parks and Recreation is
organized and exists for the purpose of maintaining park and recreation facilities for
the use and enjoyment of the general public. The Concessionaire and its employees
will devote their best efforts toward rendering courteous service to the public as
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though Concessionaire and its employees were employees of the City, with a view
of adding to the enjoyment of the patrons of this recreational facility.
B. Concessionaire shall operate and conduct the concessions in the Concession Areas in
a business like manner, and will not permit any acts or conduct on the part of the
Concessionaire’s employees that would be detrimental to the City’s image and
operation of the golf course.
C. Concessionaire shall at all times provide sufficient personnel to adequately staff the
Concession Areas. All personnel shall be dressed in neat appearing attire, which
shall include a standard uniform and shirt logo for Concessionaire personnel that
shall uniquely identify a Concessionaire’s employee but which shall not in any way
infer association with or depict representation of the City.
XIV. COMPLIANCE WITH LAWS
The Concessionaire, its officers, employees, and agents shall comply with applicable
federal, state, county, and local laws, statutes, rules, regulations, and ordinances, in
performing its obligations under this Agreement. Such compliance shall include abiding
by all applicable federal, state and local policies to ensure equal employment
opportunity based on ability and fitness to all persons regardless of race, creed, color,
national origin, religion, sex, physical handicaps or age. The Concessionaire shall
comply with applicable laws, standards, and regulations pertaining to employment
practices and employee treatment. Conditions of the Federal Occupati onal Safety and
Health Act of 1970 (OSHA), and the Washington Industrial Safety and Health Act of
1973 (WISHA). Concessionaire agrees to indemnify and hold harmless the City from all
damages assessed for the Concessionaire’s failure to comply with the Acts and
Standards issued thereunder. The Concessionaire is also responsible for meeting all
pertinent local, state and federal health and environmental regulations and standards
applying to any operation in the performance of this Agreement.
XV. ACCESS TO BOOKS AND RECORDS
A. The City or its agents shall have the right to examine and inspect the books and
records of the Concessionaire for the purpose of validating Gross Receipts reports.
If Concessionaire conducts business operations at a location outside the Concession
Areas, Concessionaire shall adopt an accounting system to accurately reflect the
Gross Receipts and expenses derived from the Concession Areas to include
beverage/snack cart sales. Concessionaire shall record all Restaurant sales using
systems which electronically and/or digitally record and identify the dates of sales
and the types and amounts of each transaction (so-called “point of sale” or “POS”
systems). The electronic and/or digital POS system data files from the restaurant
and lounge areas may be required to be turned in to the City and are also subject to
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annual on-site inspections. All electronic and/or digital POS system data files are to
be maintained for two (2) years.
B. The Concessionaire shall provide to the City within one hundred five (105) days of
the end of a calendar year, a copy of its State B&O Tax Report for the previous year.
No certified copy of an annual report shall be required. The City shall not pay the
Concessionaire for preparation of any of the financial records or State B&O Tax
Report that will be provided to the City.
C. At least once annually the Concessionaire shall permit the City’s representatives
to conduct an on-site inspection of the Concession Areas. During said inspection, the
Concessionaire shall also provide the City with a full copy of its accounting books and
records, including electronic and/or digital Point of Sale (POS) system data files from
the restaurant and lounge areas.
XVI. PHOTOGRAPHS
Either party shall have the right without liability to the other to make photographs or
motion pictures of the facilities, grounds, golf course, and proximate spaces, activity
therein, and/or displays or exhibits.
XVII. ADDRESSES FOR NOTICES
Except for payments and Gross Receipt reports as directed by Article III.E. above, any
notice required or permitted hereunder must be in writing and will be e ffective upon
the earlier of personal delivery or three days after being mailed by certified mail, return
receipt requested, addressed to CONCESSIONAIRE or to CITY at the address for that
party designated herein. Either party may specify a different address for notice
purposes by written notice to the other. All notices shall be delivered to the following
addresses:
To the City at the following address:
Office of the City Clerk
Tukwila City Hall
6200 Southcenter Boulevard
Tukwila, WA 98188
And to the Concessionaire at the following address:
______________________
______________________
______________________
With a copy to:
______________________
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______________________
______________________
XVIII. ASSIGNMENT OF AGREEMENT
The City and Concessionaire each agree to be bound to the other party in respect to all
covenants, agreements, and obligations contained in this contract. Neither party shall
assign the contract in part or as a whole, without the written consent of the other, which
consent shall not be unreasonably withheld, conditioned or delayed. In circumstances
where subcontracting is not prohibited elsewhere in this Agreement, the Conces sionaire
shall not subcontract any of the Concession Areas, services, facilities, or equipment, or
delegate any of its duties under this Agreement without the prior written approval of
the City, which approval shall not be unreasonably withheld, conditioned or delayed.
XIX. EQUALITY OF TREATMENT
A. Concessionaire shall conduct its business in a manner which assures fair, equal and
nondiscriminatory treatment at all times in all respects to all persons without regard
to race, color, religion, sex, age, or national origin. No person shall be refused
service, be given discriminatory treatment, or be denied any privilege, use of
facilities or participation in activities on the Concession Areas on account of race,
color, religion, sex, age or national origin.
B. Concessionaire shall not discriminate in employment on the basis of race, religion,
creed, color, national origin, age, veteran status, sex, sexual orientation, gender
identity, marital status, political affiliation or the presence of any disability, except
for employment actions based on bona fide occupational qualification.
XX. CASUALTY TO OR DEMOLITION OF CONCESSION AREAS
The parties agree that the primary use of the premises is the operation of a golf course.
Secondary to that use is the concession that is the subject to this Agreement. The parties
recognize that some one or more of these uses may be interfered with or prevented
because of fire, earthquake, flood, storm, landslide, act of war, vandalism, theft or other
extraordinary casualty “Casualty”
A. Material Damage. If the Concession Areas are damaged or destroyed by fire or any
Casualty which cannot, despite diligent, good faith efforts be repaired or restored
within one hundred twenty (120) days following the date on which such damage
occurs, then Concessionaire may elect to terminate the Agreement effective as of the
date of such damage or destruction. Within thirty (30) days after the date of such
damage, the parties shall determine how long the repair and restoration will take.
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After that determination has been made, Concessionaire shall have a period of thirty
(30) days to terminate the Agreement by giving written notice to City.
B. Repair After Damage. If Concessionaire does not give notice of Concessionaire’s
election to terminate as provided in Section XII A, then City shall, subject to the
provisions of this Section, immediately commence and diligently pursue the
completion of the repair of such damage so that the Concession Areas and the Golf
Course Property is restored to a condition of similar quality, character and utility for
Concessionaire’s purposes, including restoration of all items described on Exhibit C
and Exhibit E existing in the Concession Areas prior to such damage.
Notwithstanding anything contained herein to the contrary, if the Concession Areas
or the Golf Course property is not repaired and restored within one hundred twenty
(120) days from the date of the damage, Concessionaire may cancel the Agreement
at any time before City completes the repairs and delivers the restored Concession
Areas to Concessionaire. If Concessionaire does not so terminate, City shall
continue to restore the Concession Areas. Concessionaire shall have no claim
against the City for any direct, incidental or consequential damages arisin g from the
City’s failure to commence or complete any repairs to the Concession Areas.
C. Uninsured Damage. If damage or destruction is caused by a peril not required to be
insured against hereunder and for which insurance proceeds are not available, either
City or Concessionaire may terminate this Agreement by thirty (30) days written
notice to the other of its election so to do and the Agreement shall be deemed to
have terminated as of such date unless the other party agrees in writing to pay for
such repairs or restoration.
XXI. NO LIENS OR ENCUMBRANCES
It is mutually understood and agreed that the Concessionaire shall have no authority,
express or implied, to create or place any lien or encumbrance of any kind or nature
whatsoever upon, or in any manner to bind, the interest of the City in the Concession
Areas or to charge the rentals payable hereunder for any claim in favor of any person
dealing with Concessionaire, including those who may furnish materials or perform
labor for any construction or repairs, and each such claim shall affect and each such lien
shall attach to, if at all, only the right and interest granted to Concessionaire by this
Agreement. If any such liens are filed, City may, without waiving its rights and
remedies for breach, and without releasing Concessionaire from its obligations
hereunder, require Concessionaire to post security in form and amount reasonably
satisfactory to City or cause such liens to be released by any means City deems proper,
including payment in satisfaction of the claim giving rise to the lien. Concessionaire
shall pay to City upon demand any sum paid by City to remove the liens. Further,
Concessionaire agrees that it will save and hold the City harmless from any and all loss,
cost, or expenses based on or arising out of the asserted claims or liens, against this
Agreement or against the right, title, and interest of the City in the Concession Areas or
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under the terms of this Agreement, including reasonable attorney’s fees and costs
incurred by City in removing such liens, and in enforcing this paragraph. Additionally,
it is mutually understood and agreed that this paragraph is intended to be a continuing
provision applicable to future repairs and improvements after the initial construction
phase.
XXII. INSURANCE
A. Fire, Earthquake, Flood & Casualty Insurance: The Concessionaire agrees that, at all
times during the full term of this Agreement and at its own expense, Concessionaire
shall, at its sole cost and expense, maintain in full force and effect adequate fire,
flood and other casualty coverage covering the Concession Areas and its contents,
including all personal property, fixtures, improvements. Concessionaire agrees to
hold City harmless for any loss of Concessionaire owned furniture, fixtures,
equipment etc, due to an earthquake. Such policy shall include a replacement cost
endorsement. Concessionaire will, prior to commencing installations of their
supplied equipment at the worksite and before business operations commence, shall
obtain and file with the City’s Risk Manager a Certificate of Insurance evidencing
such coverage. All such insurance coverage shall include a thirty-(30) day
cancellation notice to Concessionaire and the City. Adequacy of coverage is defined
as insurance sufficient to restore the Concession Areas to its pre-casualty condition.
B. Liability Insurance: Not less than thirty (30) days prior to the date of
Concessionaire’s entry onto the Concession Areas, Concessionaire, at its own
expense shall obtain and file with the City’s Risk Manager a Certificate of Insurance
evidencing commercial general liability insurance coverage (“CGL”) providing
coverage of at least $1,000,000 per occurrence for bodily injury and $500,000 per
occurrence for property damage. This Certificate of Insurance shall be subject to
approval by the City’s Risk Manager as to company, terms and coverage, and said
approval shall not be unreasonably withheld. The CGL shall name the City as an
additional insured and must fully protect the City from any and all claims and risks
and losses in connection with any activities or omissions by the Concessionaire by
virtue of this Agreement. The CGL policy shall remain in full force and effect at the
Concessionaire’s sole expense for liability for property damage or personal injury
that may occur in connection with activities or omissions by the Concessionaire or
its patrons, and provide coverage for the full term of this Agreement. Concessionaire
shall insure that the City’s Risk Manager is given thirty (30) calendar days prior
written notice, by certified mail, of any cancellation, lapse, reduction or modification
of such insurance. Concessionaire shall have the right to maintain a deductible level
of up to $5,000.00.
C. Release and Waiver of Subrogation: Any policy of insurance carried by either City or
Concessionaire pursuant to any obligation under this Agreement, shall, to the extent
available, contain a waiver of subrogation clause on the part of the insurer. Such
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Page 21 of 37
waiver shall apply to damages to adjacent property. Notwithstanding any other
provision of this Agreement, neither City nor Concessionaire shall be liable to t he
other party or to any insurance company (by subrogation or otherwise) insuring the
other party for any loss or damage to any building, structure or tangible personal
property of the other occurring in or about the Concession Areas, even though such
loss or damage might have been occasioned by the negligence of such party, its
agents or employees, if such loss or damage is covered by insurance issued by an
insurance carrier authorized or licensed by the Insurance Commissioner of the State
of Washington to issue lines of insurance, benefiting the party suffering such loss or
damage or was required under the terms of this Agreement to be covered by
insurance by the party covering the loss.
XXIII. HOLD HARMLESS, INDEMNIFICATION,
AND INDUSTRIAL INSURANCE
A. Hold Harmless & Indemnification: Each party hereto agrees to be responsible and
assumes liability for its own wrongful or negligent acts or omissions, or those of its
officers, agents, or employees to the fullest extent required by law. Each party agrees
to save, indemnify, defend, or hold the other party harmless against all liability, loss,
damages, and expenses, including costs and attorney’s fees, resulting from actions,
claims and lawsuits arising or alleged to have arisen, in whole or in part, out of or in
consequence of the acts or failures to act of the other party, its employees, its
subcontractors, its agents, or its assigns, which arise in any way out of the
performance of this Agreement. In the case of negligence of both the City and the
Concessionaire, any damages allowed shall be levied in proportion to the percentage
of negligence attributable to each party, and each party shall have the right to seek
contribution from the other party in proportion to the percentage of negligence
attributable to the other party.
B. Industrial Insurance: The parties have specifically negotiated Concessionaire’s
waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of
Concessionaire’s indemnification and hold harmless of the City, including the duty
to defend. This provision shall be inapplicable to the extent such action, claim, or
lawsuit is judicially found to arise solely from the acts or failures to act of the City.
XXIV. RELATIONSHIP OF PARTIES
A. Concessionaire Independent Contractor Status: The parties intend that an
independent contractor relationship shall be created by this Agreement. Nothing
contained herein shall create the relationship of principal and agent or of
partnership or of joint venture between the parties hereto , and neither the method of
computation of consideration nor any other provision contained herein shall be
deemed to create any relationship between the parties hereto other than the
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Page 22 of 37
relationship of City as granting a concession to the Concessionaire. Concessionaire
has the experience, ability, and resources to develop and operate restaurant facility
and is performing independent functions and responsibilities within its field of
expertise. Concessionaire and its personnel are independent contractors and not
employees of the City. No agent, employee, servant, or representative of the
Concessionaire shall be deemed to be an employee, agent, servant or represent ative
of the City. Concessionaire and its personnel have no authority to bind the City or to
control the City’s employees. As an independent contractor, Concessionaire is
responsible for its own management. The City’s administration and enforcement of
this Agreement shall not be deemed an exercise of managerial control over
Concessionaire or its personnel.
B. No Third Party Rights Created: It is mutually understood and agreed that this
Agreement is solely for the benefit of the PARTIES hereto and gives no right to any
other party.
C. No Joint Venture/Partnership: It is mutually understood and agreed that no joint
venture or partnership formed as a result of this Agreement.
D. Formation of Concessionaire: Concessionaire is a Washington limited liability
company to be formed. No liability shall accrue to the members thereof by reason of
the formation of the limited liability company after execution of this Agreement.
XXV. PERMITS, LICENSES, TAXES AND FEES
A. The Concessionaire shall obtain and at all times maintain a current Tukwila Business
License and shall obtain all liquor, health, and all other regulatory licenses and
permits as may be required or become necessary, including all construction and
building permits, necessary to fulfill Concessionaire’s obligations under this
Agreement at Concessionaire’s sole expense. Each party agrees to execute such
additional or other documents as may be required to fully implement the intent of
this Agreement.
B. As an independent contractor, the Concessionaire shall be solely responsible for all
taxes, fees and charges incurred, including but not limited to license fees, business
and occupation taxes, workers’ compensation and unemployment benefits, all
federal, state, regional, county and local taxes and fees, including income taxes,
leaseholder taxes, permit fees, operating fees, surcharges of any kind that apply to
any and all persons, facilities, property, income, equipment, materials, supplies or
activities related to the Concessionaire’s obligations under this Agreement.
XXVI. WAIVER
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Page 23 of 37
Failure to enforce any provision of this Agreement shall not be deemed a waiver of that
provision. No waiver of any right or obligation of either party hereto shall be effective
unless in writing, specifying such waiver, executed by the party against whom such
waiver is sought to be enforced. Waiver of any right or power arising out of this
Agreement shall not be deemed waiver of any other right or power.
XXVII. ADVERTISING
Concessionaire shall submit for the City’s approval, not to be unreasonably withheld,
all advertisements for commercial vendors related to the concession operation.
XXVIII. REMEDIES
In addition to all other remedies provided by law, the parties hereto agree that the
actual damages suffered by the City may be difficult to calculate and, in the event of the
abandonment of the premises by Concessionaire or entry by the City because of breach
or default by Concessionaire, Concessionaire shall pay at the City’s option to the City
1/365th per day of prior year’s concession fee as liquidated damages until the City has
obtained a new Concessionaire satisfactory to the City. For 2009, the rate would be at a
pro-rated daily amount. Such liquidated damages, if elected by the City, shall be in lieu
of any other remedy provided by law.
XXIX. COSTS & ATTORNEY’S FEES
In any action brought to enforce any provision of this Agreement, including actions to
recover sums due or for the breach of any covenant or condition of this Agreement, or
for the restitution of the Concession Areas to the City or eviction of the Concessionaire
during the term or after expiration thereof, the substantially prevailing party shall be
entitled to recover from the other party all reasonable costs and reasonable attorney’s
fees incurred, including the fees of accountants, appraisers, and other professionals, at
trial or on appeal, and without resort to suit.
XXX. ARTICLE HEADINGS, GENDER, & NUMBER
Article paragraph headings are not to be construed as binding provisions of this
concession; they are for the convenience of the parties only. The masculine, feminine,
singular and plural of any word or words shall be deemed to include and refer to the
gender and number appropriate in the context.
XXXI. ENTIRE AGREEMENT
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This Agreement and its Exhibits constitutes the entire agreement between the parties,
and the Parties acknowledge that there are no other agreements, written or oral, that
have not been set forth in the text of this Agreement.
XXXII. CHOICE OF LAW & VENUE
This Agreement shall be interpreted according to the laws of the State of Washington.
Any judicial action to resolve disputes arising out of this Agreement shall be brought in
King County Superior Court.
XXXIII. MODIFICATION
This Agreement may only be modified by written instrument signed by both parties.
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XXXIV. ILLEGAL PROVISIONS - SEVERABILITY
Should any part of this Agreement be found void, illegal, or unenforceable, the balance
of the Agreement shall remain in full force and effect.
XXXV. COUNTERPARTS
This Agreement may be executed simultaneously in two or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the
same instrument.
XXXVI. RECORDING
Upon the execution of this Agreement the City will cause this Agreement to be recorded
with the land use records of King County, Washington.
IN WITNESS WHEREOF, this Agreement has been entered into between the City
of Tukwila and _____________________, as of the ______ day of ________________, 2023.
CONCESSIONAIRE, a Washington corporation
By:
CITY OF TUKWILA
Allan Ekberg, Mayor
ATTEST:
Christy O’Flaherty, City Clerk
APPROVED AS TO FORM:
City Attorney
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LIST OF EXHIBITS
Exhibit A -- Architectural Floor Plan with Numerical Identification of Rooms/Spaces
Exhibit B -- Legal Description of Foster Golf Course Property
Exhibit C -- Provided by the City in Concessionaire’s Interests
Exhibit D -- Rights in Use and Control of Facility Spaces with Apportioning of Utility
Maintenance and Custodial Costs
Exhibit E -- Foster Golf Links Kitchen Equipment List
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STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that ALLAN EKBERG is the person
who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the Mayor of the CITY OF TUKWILA to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Given under my hand and official seal this _________ day of __________________, 2023.
Type/Print Name
Notary Public in and for the State of Washington
residing at
My Commission expires
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this ______ day of ________________, 2023, before me personally appeared
_____________________, to me known to be the ________________________, a
Washington corporation, that executed the within and foregoing instrument and
acknowledged the said instrument to be the free and voluntary act and deed of said
corporation for the uses and purposes therein mentioned, and on oath state d that he
was authorized to execute and in fact executed said instrument on behalf of the
corporation.
Given under my hand and official seal this _________ day of __________________, 2023.
Type/Print Name
Notary Public in and for the State of Washington
residing at
My Commission expires
95
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EXHIBIT “A”
Architectural Floor Plan with Numerical Identification of Rooms/Spaces
96
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EXHIBIT “B”
Legal Description of Property
King County Parcel Account Number 000300004900 Record Number 01
Legal Description:
0049 FOSTER STEPHEN - DC #38 POR OF DC LY NELY OF PS E RY R/W& NELY
ELY & SELY OF FOLG
DESC LN - BEG AT NXN OF ELY LN OF PS E RY R/W & NLY MGN OF FOSTER ST
PROD ELY THN 49-11-08 E 51.59 FT TH
S 75-02-50 E TO C/L OF FOSTER ST PROD ELY TH NELY ALG SDC/L TO BANK OF
GREEN RIVER
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EXHIBIT “C”
Provided by the City in the Concessionaire’s Interests
1. Restaurant wood base molding, door, and window casings.
2. Epoxy kitchen flooring.
3. Carpeting.
4. Finished ceilings and soffits
5. Interior paint and wainscot finishes
6. One air curtain at kitchen door
7. Building security and fire alarm hardware systems
8. Power, phone, and data infrastructure
9. Standard electrical type j boxes for future connections of music system by others
10. Restaurant booth stubout walls
11. Restaurant exterior walk up service counter
12. Patio and patio lighting
13. Ducts and fans for connection to three concessionaire supplied and installed
kitchen hoods
14. Raised floor for booths
15. Raised floor for breakfast bar
16. Underslab soda sleeves
17. Underslab plumbing
18. Slab floor sinks and drains
19. Backing for restaurant shelving
20. HVAC system and controls for kitchen, restaurant, lounge, (and all other
concessionaire use or shared use areas)
21. Kitchen make up air supply
22. Kitchen ductwork
23. Roof penetrations and venting, kitchen, restaurant, lounge and all other
24. Smoker slab, shed roof, and installation connections
25. Meeting room data wiring and floorbox connection
26. Meeting room divider/operable partition
27. All water routing and piping
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28. General exterior building, grounds, parking lot, and landscape maintenance
29. Joint use benefit of “shared use areas”.
30. Exterior signage as budgeted by owner not to exceed $16,320
31. General overhead lighting fixtures in restaurant and in all other concessionaire
and shared use spaces;
32. Interior and exterior facility artwork, motif, and décor accessories procured by
owner to the extent provided in areas exclusive of the concessionaire’s spaces.
33. Lobby furniture as selected and procured by owner;
34. Grease trap as required for compliance to city code
99
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EXHIBIT “D”
Rights in Use and Control of Facility Spaces with Apportioning of Utility,
Maintenance and Custodial Costs
The city and concessionaire have agreed that shared operations of the facility require 1)
that rights and responsibilities for the use and control of spaces be established, and 2)
that operating costs responsibilities respective to those spaces which require utilities be
delineated 3) that maintenance and repair responsibilities, and 4) custodial services
responsibilities be delineated. The following table depicts these responsibilities:
Rm.
No.
Room/
Space Name
1
Right to
Use/Control
2
Utility Costs
(Note #2)
3
Maintenance
Responsibility
4
Custodial
Responsibility
100 Pro Shop City Shared City City
101 Hospitality Shared Shared City Concessionaire
102 Restaurant Concessionaire Shared Concessionaire Concessionaire
103 Lounge Concessionaire Shared Concessionaire Concessionaire
104 Kitchen Concessionaire Shared Concessionaire Concessionaire
108 Meeting Room B (Banquet) Shared Shared Concessionaire Concessionaire
110 Meeting Room A (Banquet) Shared Shared Concessionaire Concessionaire
111 Meeting Hallway Corridor Concessionaire Shared City Concessionaire
112 Restroom Hallway Corridor Shared Shared City Concessionaire
113 Mechanical City Shared City Not Required
114 Storage (Meeting Rooms) Concessionaire Shared Concessionaire Concessionaire
115 Women’s Restroom Shared Shared Concessionaire Concessionaire
116 Men’s Restroom Shared Shared Concessionaire Concessionaire
117 Electrical Data Room Shared Shared City City
119 Vestibule Front/Main Entry Shared Shared City Concessionaire
120 SRR - Sprinkler Riser Room City Shared City City
121 Lobby Shared Shared City Concessionaire
122 Concessionaire Office Concessionaire Shared Concessionaire Concessionaire
123 Storage Golf Retail City Shared City City
124 Cart Barn City Shared City City
125 Instruction Area City Shared City City
126 Men’s Restroom Exterior City Shared City City
127 Women’s Restroom Exterior City Shared City City
128 Office (Pro-Shop) City Shared City City
129 Patio, West Covered Dining Concessionaire Shared City Shared (note #1)
130 Patio, East Covered Dining Concessionaire Shared City Shared (note #1)
130A Patio, Meeting Room Shared Shared City Shared(note #1)
Parking Lots Shared Shared City City
Exterior Site Lighting Shared Shared City City
Landscape Shared Shared City City
100
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Exhibit “D” (Continued)
Notes of Explanation
1. Patios: The City will perform daily cleaning of the patios, its proximity, and
landscape. The Concessionaire will be responsible for waste, cleaning fixtures and
furnishings including food and beverage stains.
2. Utilities: In consideration of overall HVAC, power, sewer, water, waste disposal,
CATV, landscape, parking lot cleaning, exterior building maintenance and lighting,
site and facility utility needs overall utility use considering rights to spaces were
deliberated. Facility utility loads, durations of daily operations, were considered and
utility responsibilities are apportioned by balancing some areas against others. The
right of use of the room or space does not strictly assign responsibility for utilities.
Phone/Data/CATV: Infrastructure for Phone, Data, and CATV is provided by the
City. Trailing costs of connections, installation, lines, and subscriber fees are the
responsibility of the user.
Gas: Gas usage has been established by separate meters and separate accounts. The
parties shall be responsible for their own separate gas meters and accounts.
Water: Water utility charges shall be divided equally by the City and the
Concessionaire. See Section VIII of Agreement.
Solid Waste Disposal &/or Recycling: Solid Waste Disposal and/or Recycling shall
be the responsibility of the Concessionaire.
Electric: Electricity utility charges shall be divided equally by the City and the
Concessionaire. See Section VIII of Agreement.
Sewer: Sewer utility charges shall be divided equally by the City and the
Concessionaire. See Section VIII of Agreement.
3. Maintenance: “Maintenance” refers not to routine custodial work, but to the
maintenance of walls, carpets, fixed and portable furnishings -- the condition of the
space and its contents. It includes replacements of light bulbs, repairs, stain removal,
painting, and refurbishing of spaces as it deteriorates through use over time.
4. Custodial: “Custodial” refers to routine, daily and other custodial functions,
including, but not limited to, sweeping, mopping, vacuuming, dusting, surface
cleaning, waste disposal
101
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102
Page 35 of 37
CODE 5B
CODE 5B
CODE 5B
CODE 5B
103
Page 36 of 37
104
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CODE 5B
CODE 5B
CODE 5B
CODE 5B
CODE 5B
CODE 5B
105
106
6/2/2023 9:23:46AM
Account Information
City of Tukwila
glAInq Page: 1
Account No:Title:Fiscal Year:R 411.362.800.00.00 CONCESSION PROCEEDS 2018
Debit / Credit:
Status Code:
JC Required:
Standard Acct:
Account Class:
Account Type:
Cash / Inv Code:
Nominal / Real:
Budgeted:
Allotment:
Locked:
Budget Account:
Year End Estimate:
C
0
N
Y
Y
N
N
0.00
Report Group 1:
Report Group 2:
Comments:
Account History
Year Total Budget Revenues Balance
2023 0.00 0.00 0.00
2022 0.00 4,176.39 4,176.39-
2021 104,000.00 73,853.24 30,146.76
2020 48,000.00 49,112.22 1,112.22-
2019 110,000.00 103,224.10 6,775.90
2018 106,000.00 106,054.04 54.04-
2017 103,000.00 96,365.87 6,634.13
2016 98,000.00 93,798.78 4,201.22
2015 96,000.00 100,174.26 4,174.26-
2014 85,000.00 99,359.50 14,359.50-
2013 85,000.00 94,604.08 9,604.08-
2012 120,000.00 90,534.94 29,465.06
2011 120,000.00 83,215.11 36,784.89
2010 120,000.00 80,389.88 39,610.12
2009 120,000.00 19,248.45 100,751.55
2008 120,000.00 50,498.82 69,501.18
2007 120,000.00 64,585.77 55,414.23
2006 120,000.00 10,382.86 109,617.14
2005 130,000.00 54,708.15 75,291.85
2004 100,000.00 25,236.54 74,763.46
2003 40,000.00 0.00 40,000.00
2002 20,000.00 20,100.00 100.00-
2001 20,000.00 20,100.00 100.00-
2000 18,000.00 18,000.00 0.00
1999 18,000.00 18,000.00 0.00
1998 15,000.00 15,000.00 0.00
1997 15,000.00 15,000.00 0.00
Page: 1107
6/2/2023 9:25:18AM
Account Information
City of Tukwila
glAInq Page: 1
Account No:Title:Fiscal Year:R 411.317.200.00.00 LEASEHOLD EXCISE TAX 2018
Debit / Credit:
Status Code:
JC Required:
Standard Acct:
Account Class:
Account Type:
Cash / Inv Code:
Nominal / Real:
Budgeted:
Allotment:
Locked:
Budget Account:
Year End Estimate:
C
0
N
Y
Y
N
N
0.00
Report Group 1:
Report Group 2:
Comments:
Account History
Year Total Budget Revenues Balance
2023 0.00 0.00 0.00
2022 0.00 0.00 0.00
2021 3,000.00 2,895.05 104.95
2020 2,900.00 1,925.19 974.81
2019 2,900.00 4,046.40 1,146.40-
2018 3,900.00 4,432.09 532.09-
2017 3,900.00 2,830.46 1,069.54
2016 2,617.00 3,677.19 1,060.19-
2015 2,617.00 3,926.83 1,309.83-
2014 2,617.00 3,150.74 533.74-
2013 2,617.00 4,470.07 1,853.07-
2012 1,617.00 3,530.97 1,913.97-
2011 1,570.00 2,518.45 948.45-
2010 0.00 2,866.87 2,866.87-
2009 0.00 559.58 559.58-
2008 2,000.00 2,239.67 239.67-
2007 2,000.00 2,010.68 10.68-
2006 2,000.00 1,151.81 848.19
2005 0.00 2,166.40 2,166.40-
2004 0.00 222.64 222.64-
2003 0.00 0.00 0.00
2002 0.00 919.24 919.24-
2001 0.00 656.60 656.60-
2000 0.00 705.60 705.60-
1999 0.00 352.80 352.80-
1998 0.00 588.00 588.00-
1997 1,000.00 288.48 711.52
Page: 1108
City of Tukwila
City Council Community Services & Safety Committee
Meeting Minutes
June 12, 2023– 5:30 p.m. – Hybrid Meeting; Hazelnut Conference Room & MS Teams
Councilmembers Present: Mohamed Abdi, Chair; Thomas McLeod, Tosh Sharp
Staff Present: David Cline, Pete Mayer, Kris Kelly, David Rosen, Eric Lund
Chair Abdi called the meeting to order at 5:30 p.m.
I.BUSINESS AGENDA
A.Foster Golf Links Concession Agreement
Staff is seeking approval of an agreement with MMS Consultants, Inc. to continue the provision
of concessions at Foster Golf Links for another seven years.
Committee Recommendation:
Unanimous approval. Forward to June 26, 2023 Special Consent Agenda.
B.Contract: Master Plans for Joseph Foster and Tukwila Community Center Park
Staff is seeking approval of a contract with the Berger Partnership in an amount not to exceed
$80,000 for Master Plan Design services for Foster and Tukwila Community Center Parks.
Committee Recommendation:
Unanimous approval. Forward to June 26, 2023 Committee of the Whole.
II.MISCELLANEOUS
The meeting adjourned at 6:20 p.m.
MA Committee Chair Approval
Minutes by LH
109
110
ITEM INFORMATION
STAFF SPONSOR: JENNIFER RONDA ORIGINAL AGENDA DATE: 06/12/23
AGENDA ITEM TITLE Resolution for Six-Year Transportation Improvement Program (2024 - 2029)
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 06/12/23 Mtg Date Mtg Date 06/26/23 Mtg Date Mtg Date Mtg Date 06/12/23 Mtg Date
SPONSOR Council Mayor HR DCD Finance Fire TS P&R Police PW Court
SPONSOR’S
SUMMARY
The Transportation Improvement Program (TIP) is updated annually as required by the
Revised Code of Washington (RCW). The TIP generally lists only those transportation-
related projects planned within the next six years that are deemed regionally significant or
that have grant funding awarded or expected. The TIP is scheduled for adoption on June
26, 2023. Council is being asked to approve the Resolution for the 2024 - 2029 Six-Year
Transportation Improvement Program.
REVIEWED BY Trans&Infrastructure CommunitySvs/Safety Finance Comm. Planning/Economic Dev.
LTAC Arts Comm. Parks Comm. Planning Comm.
DATE: 06/05/23 COMMITTEE CHAIR: TOSH SHARP
RECOMMENDATIONS:
SPONSOR/ADMIN. Public Works Department
COMMITTEE Unanimous Approval; Forward to the Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
06/12/23
06/26/23
MTG. DATE ATTACHMENTS
06/12/23 Informational Memorandum dated 06/02/23
Draft Resolution
Draft 2024-2029 TIP Summary
2024–2029 “Draft” Transportation Improvement Program
Current Adopted 2023–2028 TIP
06/26/23
COUNCIL AGENDA SYNOPSIS
----------------------------------Initials --------------------------------- ITEM NO.
Meeting Date Prepared by Mayor’s review Council review
06/12/23 JR
06/26/23 JR
Forward to next Special Meeting
Final Resolution
Spec 3.A.
111
112
City of Tukwila
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, ADOPTING A SIX-YEAR
TRANSPORTATION IMPROVEMENT PROGRAM (2024-
2029), AND DIRECTING THE SAME TO BE FILED WITH
THE STATE SECRETARY OF TRANSPORTATION AND
THE TRANSPORTATION IMPROVEMENT BOARD.
WHEREAS, pursuant to the requirements of RCW Chapters 35.77 and 47.26, the
City Council of the City of Tukwila has previously adopted a Transportation Improvement
Program and thereafter periodically modified said Transportation Improvement Program
by resolution; and
WHEREAS, the City Council has reviewed the work accomplished under said
program, determined current and future City street and arterial needs and, based upon
these findings, has prepared a Six-Year Transportation Improvement Program for the
ensuing six calendar years (2024-2029); and
WHEREAS, on June 12, 2023, a public hearing was held regarding the City's Six-
Year Transportation Improvement Program;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Program Adopted. A Six-Year Transportation Improvement Program
for the calendar years 2024 to 2029, attached hereto as Exhibit A, is hereby adopted.
Section 2. Filing of Program. The City Clerk is hereby authorized and directed to
file a copy of this resolution, together with the exhibit attached hereto, with the Secretary
of Transportation and the Transportation Improvement Board of the State of Washington
CC:\Legislative DevelopmentVTIP 2024-2029 5-2-23
Cyndy Knighton Review by Andy Youn Page 1 of 2
113
CC:\Legislative Development\TIP 2024-2029 5-2-23
Cyndy Knighton Review by Andy Youn Page 2 of 2
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Special Meeting thereof this _______ day of _________________, 2023.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC Cynthia Delostrinos Johnson
City Clerk Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Office of the City Attorney
Exhibit A: City of Tukwila Six-Year Transportation Improvement Program for 2024 to 2029
114
Agency:Tukwila
County:King
MPO/RTPO:PSRC Y Inside N Outside
FunctionalClassPriority NumberA. PIN/Project No.
C. Project Title
D. Road Name or Number
E. Begin & End Termini
F. Project Description
B. STIP ID
G. Structure ID HearingAdoptedAmendmentResolution No.Improvement TypeUtility CodesTotal LengthEnvironmental TypeRW Required05 / 1037(004)TUK-62 06/12/23 06/26/23 11 0.100 DCE No
42nd Ave S Bridge Replacement
42nd Ave S over the Duwamish River
Interurban Ave S to Northern end of bridge
Replace the existing 42nd Ave S steel truss bridge. The replacement will require
preliminary engineer design, right-of-way, and construction phases. The new
structure will meet current road and bridge design standards. The replacement
structure configuration will be two through-lanes, possibly a turn pocket, and include
sidewalks.
Funding
Status Phase Phase Start Year (YYYY)Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds
S PE 2024 STBG(UL)1,500,000 0 1,100,000 2,600,000
S RW 2024 BR 86,500 0 13,500 100,000
S CN 2024 BR 11,913,500 MAW 17,000,000 0 28,913,500
Totals 13,500,000 17,000,000 1,113,500 31,613,500
Expenditure Schedule
Phase 1st 2nd 3rd 4th 5th & 6th
PE 800,000 0 0 0 0
RW 100,000 0 0 0 0
CN 0 15,636,500 13,500,000 0 0
Totals 900,000 15,636,500 13,500,000 0 0
Report Date: May 04, 2023 Page 1
Six Year Transportation Improvement Program
From 2024 to 2029
115
Agency:Tukwila
County:King
MPO/RTPO:PSRC Y Inside N Outside
FunctionalClassPriority NumberA. PIN/Project No.
C. Project Title
D. Road Name or Number
E. Begin & End Termini
F. Project Description
B. STIP ID
G. Structure ID HearingAdoptedAmendmentResolution No.Improvement TypeUtility CodesTotal LengthEnvironmental TypeRW Required19 WA-11113 06/12/23 06/26/23 05 0.370 Yes
46th Avenue Safe Routes to School
46th Avenue S
S 150th Street to S 144th Street
Design and construct curb, gutter and sidewalk on the west side of 46th Avenue S,
including curb bulb-out at the SE corner of 46th Avenue S/S 144th Street with raised
crosswalk across S 144th Street with RRFB.
Funding
Status Phase Phase Start Year (YYYY)Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds
P PE 2024 0 SRTS 180,000 90,000 270,000
P RW 2024 0 SRTS 220,000 20,000 240,000
P CN 2025 0 SRTS 1,660,000 410,000 2,070,000
Totals 0 2,060,000 520,000 2,580,000
Expenditure Schedule
Phase 1st 2nd 3rd 4th 5th & 6th
PE 270,000 0 0 0 0
RW 240,000 0 0 0 0
CN 0 2,070,000 0 0 0
Totals 510,000 2,070,000 0 0 0
Report Date: May 04, 2023 Page 2
Six Year Transportation Improvement Program
From 2024 to 2029116
Agency:Tukwila
County:King
MPO/RTPO:PSRC Y Inside N Outside
FunctionalClassPriority NumberA. PIN/Project No.
C. Project Title
D. Road Name or Number
E. Begin & End Termini
F. Project Description
B. STIP ID
G. Structure ID HearingAdoptedAmendmentResolution No.Improvement TypeUtility CodesTotal LengthEnvironmental TypeRW Required00 WA05409 06/12/23 06/26/23 18 EIS No
Allentown Truck Reroute Project
to
Study alternatives for truck access to reroute outside of residential neighborhood.
Funding
Status Phase Phase Start Year (YYYY)Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds
S PL 2024 0 0 600,000 600,000
Totals 0 0 600,000 600,000
Expenditure Schedule
Phase 1st 2nd 3rd 4th 5th & 6th
PL 600,000 0 0 0 0
Totals 600,000 0 0 0 0
Report Date: May 04, 2023 Page 3
Six Year Transportation Improvement Program
From 2024 to 2029
117
Agency:Tukwila
County:King
MPO/RTPO:PSRC Y Inside N Outside
FunctionalClassPriority NumberA. PIN/Project No.
C. Project Title
D. Road Name or Number
E. Begin & End Termini
F. Project Description
B. STIP ID
G. Structure ID HearingAdoptedAmendmentResolution No.Improvement TypeUtility CodesTotal LengthEnvironmental TypeRW Required00 WA-05405 06/12/23 06/26/23 06 No
Americans with Disabilities Act (ADA) Improvements
Various locations
to
Design and construct ADA compliant upgrades to City infrastructure in conjunction
with a City developed plan.
Funding
Status Phase Phase Start Year (YYYY)Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds
S ALL 2024 0 0 435,000 435,000
Totals 0 0 435,000 435,000
Expenditure Schedule
Phase 1st 2nd 3rd 4th 5th & 6th
ALL 50,000 50,000 50,000 50,000 100,000
Totals 50,000 50,000 50,000 50,000 100,000
Report Date: May 04, 2023 Page 4
Six Year Transportation Improvement Program
From 2024 to 2029118
Agency:Tukwila
County:King
MPO/RTPO:PSRC Y Inside N Outside
FunctionalClassPriority NumberA. PIN/Project No.
C. Project Title
D. Road Name or Number
E. Begin & End Termini
F. Project Description
B. STIP ID
G. Structure ID HearingAdoptedAmendmentResolution No.Improvement TypeUtility CodesTotal LengthEnvironmental TypeRW Required16 WA-07746 06/12/23 06/26/23 03 C G O P S
T W
No
Andover Park E/Minkler Blvd Intersection
Andover Park E
Minkler Blvd to
Construct left turn lanes on Andover Park East and reconstruct traffic signal
Funding
Status Phase Phase Start Year (YYYY)Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds
S PE 2025 0 0 134,000 134,000
S RW 2025 0 0 10,000 10,000
P CN 2026 0 0 1,570,000 1,570,000
Totals 0 0 1,714,000 1,714,000
Expenditure Schedule
Phase 1st 2nd 3rd 4th 5th & 6th
PE 0 134,000 0 0 0
RW 0 10,000 0 0 0
CN 0 0 1,570,000 0 0
Totals 0 144,000 1,570,000 0 0
Report Date: May 04, 2023 Page 5
Six Year Transportation Improvement Program
From 2024 to 2029
119
Agency:Tukwila
County:King
MPO/RTPO:PSRC Y Inside N Outside
FunctionalClassPriority NumberA. PIN/Project No.
C. Project Title
D. Road Name or Number
E. Begin & End Termini
F. Project Description
B. STIP ID
G. Structure ID HearingAdoptedAmendmentResolution No.Improvement TypeUtility CodesTotal LengthEnvironmental TypeRW Required04 WA-15107 06/12/23 06/26/23 03 P 0.100 Yes
Andover Park East/Industry Dr Intersection
Andover Park E
Industry Drive to
Design and construct traffic signal with Andover Park East left turn lanes and
crosswalks.
Funding
Status Phase Phase Start Year (YYYY)Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds
S PE 2025 0 0 75,000 75,000
S RW 2025 0 0 10,000 10,000
P CN 2026 0 0 657,000 657,000
Totals 0 0 742,000 742,000
Expenditure Schedule
Phase 1st 2nd 3rd 4th 5th & 6th
PE 0 75,000 0 0 0
RW 0 10,000 0 0 0
CN 0 0 657,000 0 0
Totals 0 85,000 657,000 0 0
Report Date: May 04, 2023 Page 6
Six Year Transportation Improvement Program
From 2024 to 2029120
Agency:Tukwila
County:King
MPO/RTPO:PSRC Y Inside N Outside
FunctionalClassPriority NumberA. PIN/Project No.
C. Project Title
D. Road Name or Number
E. Begin & End Termini
F. Project Description
B. STIP ID
G. Structure ID HearingAdoptedAmendmentResolution No.Improvement TypeUtility CodesTotal LengthEnvironmental TypeRW Required14 WA-03731 06/12/23 06/26/23 06 No
Annual Bridge Inspections and Repairs
Various City Street
to
Perform load ratings and bi-annual inspections as well as construct necessary
repairs and maintenance
Funding
Status Phase Phase Start Year (YYYY)Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds
S ALL 2024 0 0 1,345,000 1,345,000
Totals 0 0 1,345,000 1,345,000
Expenditure Schedule
Phase 1st 2nd 3rd 4th 5th & 6th
ALL 205,000 215,000 220,000 230,000 475,000
Totals 205,000 215,000 220,000 230,000 475,000
Report Date: May 04, 2023 Page 7
Six Year Transportation Improvement Program
From 2024 to 2029
121
Agency:Tukwila
County:King
MPO/RTPO:PSRC Y Inside N Outside
FunctionalClassPriority NumberA. PIN/Project No.
C. Project Title
D. Road Name or Number
E. Begin & End Termini
F. Project Description
B. STIP ID
G. Structure ID HearingAdoptedAmendmentResolution No.Improvement TypeUtility CodesTotal LengthEnvironmental TypeRW Required16 WA-03733 06/12/23 06/26/23 06 C G O P S
T W
No
Annual Overlay and Repair Program
Various City Streets
to
Repair, rehabilitate, and overlay City streets as needed in an annual program
Funding
Status Phase Phase Start Year (YYYY)Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds
S ALL 2024 0 0 8,850,000 8,850,000
Totals 0 0 8,850,000 8,850,000
Expenditure Schedule
Phase 1st 2nd 3rd 4th 5th & 6th
ALL 1,400,000 1,400,000 1,400,000 1,500,000 3,150,000
Totals 1,400,000 1,400,000 1,400,000 1,500,000 3,150,000
Report Date: May 04, 2023 Page 8
Six Year Transportation Improvement Program
From 2024 to 2029122
Agency:Tukwila
County:King
MPO/RTPO:PSRC Y Inside N Outside
FunctionalClassPriority NumberA. PIN/Project No.
C. Project Title
D. Road Name or Number
E. Begin & End Termini
F. Project Description
B. STIP ID
G. Structure ID HearingAdoptedAmendmentResolution No.Improvement TypeUtility CodesTotal LengthEnvironmental TypeRW Required00 WA-15104 06/12/23 06/26/23 44 P No
Annual Traffic Signal Program
Varies
to
Design and construct traffic signal upgrades and repairs of signals that exceed
routine maintenance work;loop replacement, head replacement, and controllers.
Replace direct bury cable for existing lighting system.
Funding
Status Phase Phase Start Year (YYYY)Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds
S ALL 2024 0 0 1,040,000 1,040,000
Totals 0 0 1,040,000 1,040,000
Expenditure Schedule
Phase 1st 2nd 3rd 4th 5th & 6th
ALL 130,000 130,000 130,000 150,000 300,000
Totals 130,000 130,000 130,000 150,000 300,000
Report Date: May 04, 2023 Page 9
Six Year Transportation Improvement Program
From 2024 to 2029
123
Agency:Tukwila
County:King
MPO/RTPO:PSRC Y Inside N Outside
FunctionalClassPriority NumberA. PIN/Project No.
C. Project Title
D. Road Name or Number
E. Begin & End Termini
F. Project Description
B. STIP ID
G. Structure ID HearingAdoptedAmendmentResolution No.Improvement TypeUtility CodesTotal LengthEnvironmental TypeRW Required04 WA-15109 06/12/23 06/26/23 03 C G O P S
T W
0.270 Yes
E Marginal Way S (BAR - S 112 St)
E Marginal Way S
Boeing Access Road to S 112th St
Design and construct curb, gutter, drainage, lighting, turn lanes, and traffic control.
Funding
Status Phase Phase Start Year (YYYY)Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds
P PE 2025 0 0 288,000 288,000
P RW 2029 0 TIB 280,000 420,000 700,000
P CN 2029 0 TIB 970,000 1,460,000 2,430,000
Totals 0 1,250,000 2,168,000 3,418,000
Expenditure Schedule
Phase 1st 2nd 3rd 4th 5th & 6th
PE 0 50,000 0 0 170,000
RW 0 0 0 0 700,000
CN 0 0 0 0 2,430,000
Totals 0 50,000 0 0 3,300,000
Report Date: May 04, 2023 Page 10
Six Year Transportation Improvement Program
From 2024 to 2029124
Agency:Tukwila
County:King
MPO/RTPO:PSRC Y Inside N Outside
FunctionalClassPriority NumberA. PIN/Project No.
C. Project Title
D. Road Name or Number
E. Begin & End Termini
F. Project Description
B. STIP ID
G. Structure ID HearingAdoptedAmendmentResolution No.Improvement TypeUtility CodesTotal LengthEnvironmental TypeRW Required00 TUK-63 06/12/23 06/26/23 44 0.000 No
Keeping South King County Moving with TDM
South King County
Various to Various
This project will help people access sustainable transportation options that reduce
drive-alone travel and traffic congestion in South King County. TDM programming
and services will be provided to residents, workers, visitors, employers, property
managers, and students in Tukwila and the partnering jurisdictions of Burien, Des
Moines, Kent, Renton, and SeaTac. The program will target those willing and able to
try sustainable modes of transportation at activity centers (community hubs,
commercial areas, business parks, multifamily housing complexes, and educational
institutions). Examples of activity centers include the Tukwila International Boulevard
District, Southcenter, and Sea-Tac Airport. The TDM Program will work in partnership
with transit agencies, nonprofits, employers, and community organizations to reach
priority populations through trusted channels. The project aims to reduce 542,997
vehicle trips and 8,093,549 vehicle miles traveled.
Funding
Status Phase Phase Start Year (YYYY)Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds
S ALL 2024 0 WSDOT 672,000 0 672,000
S ALL 2024 0 OTHER 168,000 0 168,000
Totals 0 840,000 0 840,000
Expenditure Schedule
Phase 1st 2nd 3rd 4th 5th & 6th
ALL 210,000 105,000 0 0 0
Totals 210,000 105,000 0 0 0
Report Date: May 04, 2023 Page 11
Six Year Transportation Improvement Program
From 2024 to 2029
125
Agency:Tukwila
County:King
MPO/RTPO:PSRC Y Inside N Outside
FunctionalClassPriority NumberA. PIN/Project No.
C. Project Title
D. Road Name or Number
E. Begin & End Termini
F. Project Description
B. STIP ID
G. Structure ID HearingAdoptedAmendmentResolution No.Improvement TypeUtility CodesTotal LengthEnvironmental TypeRW Required17 WA-11110 06/12/23 06/26/23 04 0.350 CE No
Macadam Rd S Complete Streets Project
Macadam Road
S 150th Street to S 144th Street
Design and construction of a complete street on Macadam Road. Road widening
and rechannelization to add 5-foot bike lanes and 5-foot sidewalks on both sides of
the roadway. Includes illumination, curb, and storm drainage.
Funding
Status Phase Phase Start Year (YYYY)Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds
P PE 2024 0 Ped/Bike Program 350,000 50,000 400,000
P RW 2024 0 Ped/Bike Program 90,000 10,000 100,000
P CN 2025 0 Ped/Bike Program 2,800,000 300,000 3,100,000
Totals 0 3,240,000 360,000 3,600,000
Expenditure Schedule
Phase 1st 2nd 3rd 4th 5th & 6th
PE 400,000 0 0 0 0
RW 100,000 0 0 0 0
CN 0 3,100,000 0 0 0
Totals 500,000 3,100,000 0 0 0
Report Date: May 04, 2023 Page 12
Six Year Transportation Improvement Program
From 2024 to 2029126
Agency:Tukwila
County:King
MPO/RTPO:PSRC Y Inside N Outside
FunctionalClassPriority NumberA. PIN/Project No.
C. Project Title
D. Road Name or Number
E. Begin & End Termini
F. Project Description
B. STIP ID
G. Structure ID HearingAdoptedAmendmentResolution No.Improvement TypeUtility CodesTotal LengthEnvironmental TypeRW Required00 WA-13494 06/12/23 06/26/23 06 0.040 No
S 119th St Pedestrian Bridge Painting
S 119th Street
West bank Duwamish River to East bank Duwamish River
Ongoing maintenance of the S 119th Street Pedestrian Bridge in the
Allentown/Duwamish neighborhoods. Painting of bridge is outstanding maintenance
needed.
Funding
Status Phase Phase Start Year (YYYY)Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds
P CN 2024 0 0 200,000 200,000
Totals 0 0 200,000 200,000
Expenditure Schedule
Phase 1st 2nd 3rd 4th 5th & 6th
CN 0 200,000 0 0 0
Totals 0 200,000 0 0 0
Report Date: May 04, 2023 Page 13
Six Year Transportation Improvement Program
From 2024 to 2029
127
Agency:Tukwila
County:King
MPO/RTPO:PSRC Y Inside N Outside
FunctionalClassPriority NumberA. PIN/Project No.
C. Project Title
D. Road Name or Number
E. Begin & End Termini
F. Project Description
B. STIP ID
G. Structure ID HearingAdoptedAmendmentResolution No.Improvement TypeUtility CodesTotal LengthEnvironmental TypeRW Required03 WA-15108 06/12/23 06/26/23 03 C G O P S
T W
0.100 Yes
S 133 St/SR599 Southbound Intersection
S 133rd Street
SR 599 SB Ramp to
Design and construct intersection improvements, which could include a new traffic
signal or a roundabout,
lighting, pedestrian facilities, and drainage.
Funding
Status Phase Phase Start Year (YYYY)Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds
P PE 2028 0 0 300,000 300,000
P RW 2028 0 0 50,000 50,000
P CN 2029 0 0 2,070,000 2,070,000
Totals 0 0 2,420,000 2,420,000
Expenditure Schedule
Phase 1st 2nd 3rd 4th 5th & 6th
PE 0 0 0 0 300,000
RW 0 0 0 0 50,000
CN 0 0 0 0 2,070,000
Totals 0 0 0 0 2,420,000
Report Date: May 04, 2023 Page 14
Six Year Transportation Improvement Program
From 2024 to 2029128
Agency:Tukwila
County:King
MPO/RTPO:PSRC Y Inside N Outside
FunctionalClassPriority NumberA. PIN/Project No.
C. Project Title
D. Road Name or Number
E. Begin & End Termini
F. Project Description
B. STIP ID
G. Structure ID HearingAdoptedAmendmentResolution No.Improvement TypeUtility CodesTotal LengthEnvironmental TypeRW Required17 WA03782 06/12/23 06/26/23 28 0.250 CE No
S 144th St Bridge Sidewalks
S 144th Street
51st Ave S to 53rd Ave S
Widen existing sidewalks on bridge over I-5 between 51st Ave S and 53rd Ave S
Funding
Status Phase Phase Start Year (YYYY)Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds
S PE 2026 STBG(UL)500,000 0 79,000 579,000
P CN 2025 SRTS 2,302,000 0 388,000 2,690,000
Totals 2,802,000 0 467,000 3,269,000
Expenditure Schedule
Phase 1st 2nd 3rd 4th 5th & 6th
PE 0 0 579,000 0 0
CN 0 0 0 2,690,000 0
Totals 0 0 579,000 2,690,000 0
Report Date: May 04, 2023 Page 15
Six Year Transportation Improvement Program
From 2024 to 2029
129
Agency:Tukwila
County:King
MPO/RTPO:PSRC Y Inside N Outside
FunctionalClassPriority NumberA. PIN/Project No.
C. Project Title
D. Road Name or Number
E. Begin & End Termini
F. Project Description
B. STIP ID
G. Structure ID HearingAdoptedAmendmentResolution No.Improvement TypeUtility CodesTotal LengthEnvironmental TypeRW Required19 WA-11112 06/12/23 06/26/23 05 0.300 No
S 152nd Street Safe Routes to School
S 152nd Street
Tukwila International Blvd to 42nd Avenue S
Design and construct curb, gutter and sidewalks on both sides including widening
pavement width by 3 feet to construct on-street parking lane on north side of street.
Funding
Status Phase Phase Start Year (YYYY)Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds
P CN 2024 0 TIB 3,200,000 815,000 4,015,000
Totals 0 3,200,000 815,000 4,015,000
Expenditure Schedule
Phase 1st 2nd 3rd 4th 5th & 6th
CN 4,015,000 0 0 0 0
Totals 4,015,000 0 0 0 0
Report Date: May 04, 2023 Page 16
Six Year Transportation Improvement Program
From 2024 to 2029130
Agency:Tukwila
County:King
MPO/RTPO:PSRC Y Inside N Outside
FunctionalClassPriority NumberA. PIN/Project No.
C. Project Title
D. Road Name or Number
E. Begin & End Termini
F. Project Description
B. STIP ID
G. Structure ID HearingAdoptedAmendmentResolution No.Improvement TypeUtility CodesTotal LengthEnvironmental TypeRW Required00 TUK-64 06/12/23 06/26/23 24 0.000 No
South King County TDM
South King County
N/A to N/A
This project will provide TDM programming and services at selected activity centers
in Tukwila and partnering South King County jurisdictions. Activity centers include
community hubs, commercial areas, business parks, multifamily housing complexes,
and educational institutions. For example, places such as Tukwila International
Boulevard District, Southcenter, and Sea-Tac Airport. By providing transportation
resources and incentives, the project will encourage people to choose sustainable
transportation options that reduce drive-alone travel and traffic congestion in South
King County. TDM services will be provided to residents, commuters, and visitors,
targeting those willing and able to try sustainable modes of transportation. The
program will work in partnership with partner agencies, nonprofits, employers, and
community organizations.
Funding
Status Phase Phase Start Year (YYYY)Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds
S PL 2024 CMAQ 450,000 OTHER 55,232 15,000 520,232
Totals 450,000 55,232 15,000 520,232
Expenditure Schedule
Phase 1st 2nd 3rd 4th 5th & 6th
PL 260,116 0 0 0 0
Totals 260,116 0 0 0 0
Report Date: May 04, 2023 Page 17
Six Year Transportation Improvement Program
From 2024 to 2029
131
Agency:Tukwila
County:King
MPO/RTPO:PSRC Y Inside N Outside
FunctionalClassPriority NumberA. PIN/Project No.
C. Project Title
D. Road Name or Number
E. Begin & End Termini
F. Project Description
B. STIP ID
G. Structure ID HearingAdoptedAmendmentResolution No.Improvement TypeUtility CodesTotal LengthEnvironmental TypeRW Required04 WA-13495 06/12/23 06/26/23 21 No
Southcenter Blvd/65th Avenue S SIgnal
Southcenter Boulevard
65th Avenue S to
Design and construct a new traffic signal at the Southcenter Boulevard/65th Avenue
S intersection to improve level of service and safety.
Funding
Status Phase Phase Start Year (YYYY)Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds
S PE 2024 0 0 200,000 200,000
P CN 2025 0 TIB 500,000 500,000 1,000,000
Totals 0 500,000 700,000 1,200,000
Expenditure Schedule
Phase 1st 2nd 3rd 4th 5th & 6th
PE 100,000 0 0 0 0
CN 1,000,000 0 0 0 0
Totals 1,100,000 0 0 0 0
Report Date: May 04, 2023 Page 18
Six Year Transportation Improvement Program
From 2024 to 2029132
Agency:Tukwila
County:King
MPO/RTPO:PSRC Y Inside N Outside
FunctionalClassPriority NumberA. PIN/Project No.
C. Project Title
D. Road Name or Number
E. Begin & End Termini
F. Project Description
B. STIP ID
G. Structure ID HearingAdoptedAmendmentResolution No.Improvement TypeUtility CodesTotal LengthEnvironmental TypeRW Required00 WA-13491 06/12/23 06/26/23 44 0.000 No
Transportation Demand Management Implementation
to
Provision of TDM services to Commute Trip Reduction-affected employment sites.
Facilitate employer reporting and records associated with biennial CTR survey.
Engage CTR employment sites with opportunities for improvement and remain
connected via technical meetings with other CTR jurisdictional representatives.
Funding
Status Phase Phase Start Year (YYYY)Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds
S ALL 2024 0 WSDOT 88,526 0 88,526
P ALL 2025 0 WSDOT 46,650 0 46,650
Totals 0 135,176 0 135,176
Expenditure Schedule
Phase 1st 2nd 3rd 4th 5th & 6th
ALL 46,650 46,650 0 0 0
Totals 46,650 46,650 0 0 0
Federal Funds State Funds Local Funds Total Funds
Grand Totals for Tukwila 16,752,000 28,280,408 23,504,500 68,536,908
Report Date: May 04, 2023 Page 19
Six Year Transportation Improvement Program
From 2024 to 2029
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ITEM INFORMATION
STAFF SPONSOR: LAUREL HUMPHREY ORIGINAL AGENDA DATE: 6/12/23
AGENDA ITEM TITLE Resolution adopting revised City Council Rules of Procedure
CATEGORY Discussion Motion Ordinance Bid Award Public Hearing Other
Mtg Date 6/12/23 Mtg Date
Resolution
Mtg Date 6/26/23 Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Admin Svcs DCD Finance Fire P&R Police PW
SPONSOR’S
SUMMARY The draft resolution would adopt a revised Rules of Procedure including 2023 Retreat
outcomes, clarification/alignment with current practice, incorporation of outdated 2013
Operating Procedures, and minor housekeeping edits.
REVIEWED BY Trans&Infrastructure Svcs Community Svcs/Safety Finance & Governance Planning & Community Dev.
LTAC Arts Comm. Parks Comm. Planning Comm.
DATE: 5/8/23, 5/22/23 COMMITTEE CHAIR: KRULLER
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $ $
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
6/12/23
6/26/23
MTG. DATE ATTACHMENTS
6/12/23 Informational Memo dated 6/2/23
Resolution and Draft Rules of Procedure (revised after 5/22 FIN&GOV Committee)
Table of Amendments
Polices proposed for replacement
Minutes from the 5/8/23 & 5/22/23 Finance & Governance Committee meeting
6/26/23
COUNCIL AGENDA SYNOPSIS
----------------------------------Initials ---------------------------------
Meeting Date Prepared by Mayor’s review Council review
6/12/23 LH
LH
Forward to next Special Meeting
Final Resolution and Rules of Procedure
6/26/23
I TEM NO .
Spec 3.B.
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City of Tukwila
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING RESOLUTION NOS. 2022
AND 2048; ADOPTING REVISED CITY COUNCIL RULES OF
PROCEDURE.
WHEREAS, Chapter 35A.11.020 RCW gives the City Council of each Code City the power to
organize and regulate its internal operations within the provisions of Title 35A RCW; and
WHEREAS, the City Council seeks to periodically update its meeting and other business
procedures to align with state law, the current environment and modern best practices;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
Section 1. The Rules of Procedure of the City Council, attached hereto as Exhibit A, are hereby
adopted.
Section 2. The Rules of Procedure shall be reviewed on at least a biennial basis and updated
as necessary.
Section 3. Resolution Nos. 2022 and 2048 are hereby repealed.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular
, 2023.day ofMeeting thereof this
ATTEST/AUTHENTICATED:
Cynthia Delostrinos Johnson
Council PresidentChristy O'Flaherty, MMC
City Clerk
APPROVED AS TO FORM BY:
Filed with the City Clerk:__
Passed by the City Council:
Resolution Number:_____
Office of the City Attorney
Attachment: Exhibit A, “Rules of Procedure of the Tukwila City Council”
CCALegislative Development\City Council 2023 rules of procedure 5-16-23
Laurel Humphrey: Review by Andy Youn Page 1 of 1
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Rules of Procedure of the Tukwila City Council
Introduction
The Rules of Procedure set forth herein are adopted for the sole benefit of the members
of the City Council to assist in the orderly conduct of Council business. These Rules of
Procedure do not grant rights or privileges to members of the public or third parties.
Failure of the City Council to adhere to these rules shall not result in any liability to the
City, its officers, agents, and employees, nor shall failure to adhere to these rules result
in invalidation of any Council act.
I. City Council Powers and Duties
A. City Council Authority
1. As the legislative branch of city government, the City Council is responsible
for passing laws, setting the municipal budget, establishing policy, and other
responsibilities defined by state law.
2. Decisions are made as a collective body and no individual member has any
extraordinary powers beyond those of other members, except as described
in Section I.B.
3. Members of the Council shall refrain from becoming directly involved in the
administrative affairs of the City, including intervening in staff decision-
making, scheduling or directing work, and executing priorities without the
prior knowledge and approval of the City Council as a whole.
4. The City Council has no policy direction over judicial matters and members
may not interfere with judicial processes or decisions.
B. Council President – Mayor Pro Tempore
1. At the first Regular Meeting in January of each year, members of the City
Council shall elect from their number a Council President who shall hold
office at the pleasure of the Council. The general practice is to elect
presidents in a rotating order by seniority, which is determined by the:
a. Greatest consecutive number of years served;
b. Greatest consecutive number of years plus months or years served
prior to the current term(s);
c. Number of votes when elected.
2. If the Councilmember who is next in line is unable to serve as Council
President, they will notify the City Council in writing by the last Regular
Meeting of the previous year. If this opt-out request is approved by the City
Council, service will fall to the next Councilmember in the order of seniority.
The Councilmember whose opt-out was accepted by the City Council will
remain at the top of the rotation with the opportunity to serve as Council
President the following year.
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3. In the absence of the Mayor, the Council President shall become the Mayor
Pro Tempore and perform the duties of the Mayor except that the Council
President shall not have the power to appoint or remove any officer or to
veto any ordinance.
4. If a vacancy occurs in the office of Council President, the City Council, at
their next Regular Meeting, shall select a new Council President to serve
the remainder of the year.
5. If a vacancy occurs in the office of the Mayor, the City Council, at their next
Regular Meeting, shall elect from their number a Mayor who shall serve until
a Mayor is elected and certified at the next municipal election.
C. Working Relationship with City Administration
1. Councilmembers should approach work with a collaborative spirit,
assuming that city staff also want a successful outcome toward what is best
for the City of Tukwila.
2. Councilmembers should communicate with staff in a respectful tone that
acknowledges their professionalism, experience, and expertise.
3. If a Councilmember has a concern with staff behavior or something a staff
member says in any setting, they will address that concern to the Mayor and
City Administrator.
D. Requests for Administration Staff Assistance
1. Requests for staff time in the form of assistance or a work product should
be made through appropriate channels, which are determined based upon
the nature of the request.
2. Requests for staff time are either minimal, with limited impact, or
significant, meaning requiring one or more hours to complete and/or
requiring the creation of a new work product, thereby affecting schedules,
work assignments, or staffing levels.
3. No Councilmember shall request or direct staff to initiate any significant
action, project or study without the consent of a majority of the Council
obtained during a Committee of the Whole or Regular or Special Meeting.
4. The City Council should consider existing City priorities, budget and staffing
levels when deliberating such a request. If approved by the full Council, the
request will be noted on an appropriate committee work plan.
5. Regardless of the level of staff assistance, written information provided by
staff should be distributed to all Councilmembers.
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E. Consequences
1. The Council has power under state law to impose punishment on its
members, short of removal of office, for violation of state law or these
Council rules.
2. If a Councilmember violates state law or these rules, the Presiding Officer
shall call such member to order, in which case such member shall be silent
except to explain or continue in order.
3. If the Presiding Officer violates state law or these rules, or fails to call an out
of order member to order, then any other member of the Council may, under
a point of order, call the Presiding Officer or such other member to order, in
which case the Presiding Officer or such member, as the case may be, shall
be silent except to explain or continue in order.
4. Additional consequences may include a verbal admonition, written
reprimand, censure, expulsion from the meeting at which the conduct is
occurring, removal of the Councilmember from the Council committee chair
positions or committee memberships, or removal of intergovernmental
duties. Expulsion for such behavior in the Council's presence shall require
the affirmative vote of a majority of the entire Council, specifying in the order
of expulsion the cause thereof.
II. City Council Meetings
A. Regular Meetings
1. The City Council shall meet regularly on the first and third Mondays of each
month, except those designated as City holidays, at 7:00 p.m. unless an
alternative starting time is set and notice is provided to the public.
2. Regular Meetings will be held at Tukwila City Hall, 6200 Southcenter
Boulevard, unless otherwise publicly noticed.
3. During Regular Meetings the City Council may take formal actions including,
but not limited to, adopting ordinances or passing motions or resolutions.
B. Committee of the Whole Meetings
1. The City Council shall meet as a Committee of the Whole on the second
and fourth Mondays of each month, except those designated as City
holidays, at 7:00 p.m. unless an alternate starting time is set and notice is
provided to the public.
2. The Committee of the Whole shall meet at Tukwila City Hall, 6200
Southcenter Boulevard, unless otherwise publicly noticed.
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3. Meetings of the Committee of the Whole shall be held primarily to consider
current issues, discuss policy matters in detail, and coordinate the work of
the City Council. The Committee of the Whole will have no power to take
final actions including, but not limited to, adopting ordinances or passing
motions or resolutions.
C. Special Meetings
Special meetings may be called by the Mayor, Council President, or any
three Councilmembers by delivering written notice personally, by mail, by
fax, or by electronic mail to each member of the Council at least 24 hours
before the time specified for the proposed meeting and with public notice
made pursuant to RCW 42.30.080.
D. Executive Sessions
1. The City Council may hold an Executive Session during a Regular Meeting,
Special Meeting, or Committee of the Whole to consider certain matters of
confidential concern as set forth in RCW 42.30.110.
2. Before convening an Executive Session, the Presiding Officer must publicly
announce the purpose and the time upon which the Executive Session will
be concluded. An Executive Session may be extended to a later time by
public announcement by the Presiding Officer.
3. Councilmembers must keep confidential all written materials and verbal
information provided during Executive Sessions. This prohibition continues
to apply after an individual no longer serves on the City Council.
E. Retreats and Work Sessions
1. The entire Council may meet periodically in a retreat or work session setting
as deemed appropriate by the Council President or a quorum of the Council,
respectively.
2. No final action will be taken at a retreat or work session.
3. Retreat and work session meetings are open to the public and subject to
the requirements of RCW 42.30.
F. Attendance
1. Councilmembers are expected to maintain reliable attendance at all types
of meetings described above.
2. Pursuant to RCW 35A.12.060, a City Council position shall be forfeited if
the Councilmember fails to attend three consecutive Regular Meetings
without being excused by the Council.
3. A Councilmember wishing to be excused from a Regular Meeting will
provide advance notice to the Council President or Legislative Analyst, who
will in turn notify the other members of the City Council in advance of the
meeting.
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G. Councilmember Remote Attendance at Meetings
1. In the event of an emergency as declared by the City, State and/or Federal
government, the City Council may arrange for electronic participation at a
Regular Meeting, Committee of the Whole, Special Meeting, Executive
Session, retreat, standing committee meeting, or work session.
a. During a fully-remote meeting, Councilmembers may attend by phone
or other electronic means that allow all participants to hear one
another.
b. Fully-remote meetings are open to the public and arrangements must
be conducted such that the public can hear the meeting while it is
occurring, subject to the requirements of RCW 42.30.
2. In times of non-emergency, the City Council prefers and recognizes the
value of in-person attendance at meetings as integral to public service.
However, remote attendance by a Councilmember not physically able to be
present, whether for all or part of a meeting, is allowed subject to the
following provision:
a. Councilmembers may attend remotely a maximum of five Regular or
Committee of the Whole meetings per calendar year; provided the
Council may, by majority vote, allow a Councilmember to attend
additional meetings remotely in excess of five per year due to medical
or other factors beyond the individual’s control.
b. A Councilmember planning to attend a meeting remotely should notify
the Legislative Analyst and/or Council President no later than two
hours prior to the meeting start time or 15 minutes prior to an
emergency meeting.
c. A Councilmember attending remotely will be marked present, counted
toward a quorum, and can vote just as if physically present.
d. If a Councilmember’s virtual connection should become lost during the
meeting, the meeting should continue unless quorum is no longer met.
A Councilmember’s loss of a virtual connection will not be counted
toward the maximum limit described in Section 2.a.
e. Councilmembers are expected to follow current pandemic quarantine
procedures as recommended by Public Health – Seattle & King
County. Remote attendance for this purpose will not be counted
toward the maximum limit described in Section 2.a.
III. Legislative Process
A. City Council Business
1. Matters to be considered by the Council shall be placed on a standing
committee, Committee of the Whole, or Regular Meeting agenda and
include items required by law to be presented to Council, items requested
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by a majority of the Council, staff-initiated items in accordance with the
City’s strategic priorities and work plan, and items referred from previous
meetings.
2. As a general practice, legislative actions to come before the City Council for
a decision should appear first before a standing committee, then the
Committee of the Whole, then a Regular Meeting. Informational items not
requiring a decision may be scheduled with more flexibility as the situation
requires.
3. Items may be placed directly on the agenda of a Committee of the Whole
or a Regular Meeting when the items are approved by the Council
President, and the items are routine or in the event of an emergency.
B. Legislative Actions
1. Ordinances are legislative items used to regulate matters of local concern,
such as land use, animal control, local law enforcement and health and
safety issues. Ordinances must comply with the terms of the U.S. and
Washington State constitutions and the general laws of the City and State.
Many ordinances are classified as “codifiable,” meaning the ordinance will
be incorporated into the Tukwila Municipal Code, which makes the laws of
the City easily accessible by subject matter. Examples of non-codifiable
ordinances include the annual property tax levy and adoption of the budget.
Public emergency ordinances may take effect immediately upon final
passage if passed by an affirmative vote of 5 Councilmembers.
2. Resolutions are legislative items that are advisory or policy-oriented in
nature. Resolutions may be used to offer support for ballot measures, set
hearing dates for a street vacation or update fee schedules. Resolutions
are not a part of the Tukwila Municipal Code. Resolutions are signed by the
Council President but are sometimes signed jointly with the Mayor, or
prepared for signature by all Councilmembers, particularly when ceremonial
or honorary in nature.
3. Motions are generally short statements to direct that a specific course of
action be taken on behalf of the City.
4. All proposed ordinances and resolutions shall be reviewed by the City
Attorney and bear the Attorney’s certification that they are in correct form
before final passage.
C. Meeting Agendas
1. The City Clerk shall be responsible for preparing agendas for Regular,
Special, and Committee of the Whole meetings, and presented in a timely
manner to the Council President or designee for approval. After the
proposed agenda has been approved, the City Clerk shall publish the final
agenda in accordance with the provisions of RCW 42.30.
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2. The order of a Regular Meeting agenda shall be:
a. Call to Order
b. Pledge of Allegiance
c. Roll Call
d. Land Acknowledgement
e. Public Comments — Including comment on items both on and not on
the meeting agenda.
f. Appointments and Proclamations
g. Presentations — Items pertinent to the City but not relating to other
agenda business, including honoring of guests, special awards, or
speakers external to the City.
h. Consent Agenda — Items that are routine or non-controversial in
nature approved for inclusion by the Council President, Committee of
the Whole, or forwarded by unanimous Committee action. Any
Councilmember may request to remove an item from the Consent
Agenda and place under New Business for further discussion.
i. Public Hearings — May be required by City, State, or Federal law or
directed by the Council. Examples include but are not limited to Local
Improvement Districts, zoning changes, biennial budget, annexation,
moratoria, and quasi-judicial decisions.
j. Unfinished Business — Items of a general nature, including resolutions
and ordinances previously before a standing committee, the
Committee of the Whole or entire Council.
k. New Business — Items of a general nature, including resolutions and
ordinances not previously before a standing committee, the Committee
of the Whole or entire Council.
l. Reports — Brief summaries of significant City-related activities from
the Mayor, City Council, and City Administrator.
m. Miscellaneous — Significant City-related items that may need further
Council discussion, action, or City Administration follow-up.
n. Executive Session
o. Adjournment
3. The order of a Committee of a Whole meeting agenda shall be:
a. Call to Order
b. Pledge of Allegiance
c. Land Acknowledgment
d. Public Comments — including comment on items both on and not on
the meeting agenda.
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e. Presentations
f. Public Hearings
g. Special Issues — Items referred from Council committees, referred at
a previous Council meeting, or approved for discussion by the Council
President.
h. Reports
i. Miscellaneous
j. Executive Session
k. Adjournment or Adjournment to a Special Meeting
4. The order of a Special Meeting agenda follows the same order of Regular
Meetings based on what items need to be addressed. The City Council
may not take action on anything not listed on a Special Meeting agenda.
IV. Meeting Conduct
A. Presiding Officer
1. All Regular and Special Meetings of the City Council shall be presided over
by the Mayor or, in the Mayor’s absence, by the Mayor Pro Tempore.
2. If neither the Mayor nor the Mayor Pro Tempore is present at a Regular or
Special Meeting, the Presiding Officer for that meeting shall be appointed
by a majority vote of those Councilmembers present, provided there is a
quorum, and the appointment of a Councilmember as Mayor Pro Tempore
shall not abridge their right to vote on matters before the Council.
3. All Committee of the Whole meetings shall be presided over by the Council
President. The Council President may ask another Councilmember to fill in
in the event of a temporary absence. If the Council President will be absent
for an extended period of time (at least three meetings), the Council will
elect a Councilmember to serve in that capacity until the Council President
returns.
4. The Presiding Officer shall preserve strict order and decorum, state all
questions coming before the Council, provide opportunity for discussion on
each item on the table, and announce the decision of the Council on all
subjects. Procedural decisions made by the Presiding Officer may be
overruled by a majority vote of the Council.
B. Parliamentary Procedure
Questions of parliamentary procedure not covered by these Rules of
Procedure shall be governed by Robert’s Rules of Order, Newly Revised
(latest edition).
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C. Quorum
1. At all meetings of the City Council, four members shall constitute a quorum
for the transaction of business.
2. Confirmations of appointments by the Mayor, budget transfers, personnel
levels, and formal motions, resolutions, ordinances, and amendments
thereto shall require the affirmative votes of four Councilmembers.
D. Seating
Members of the City Council will be seated at the Council dais in order of
seniority, except that the Council President will be seated in the center
during Committee of the Whole meetings and at the right of the Mayor
during Regular and Special Meetings.
E. General Meeting Decorum
1. While the City Council is in session, the members must preserve order and
decorum and a member shall neither delay nor interrupt the proceedings or
the peace of the Council, nor disrupt any member that has the floor.
2. Meeting participants should focus on the meeting agenda and confine
remarks to the question or matter under discussion.
3. A Councilmember desiring to speak shall address the Presiding Officer and
when recognized shall confine their remarks to the question under debate.
4. Councilmembers shall not be interrupted unless it is to be called to order.
5. No Councilmember shall speak a second time on the same item until each
Councilmember has been given an opportunity to speak.
6. Councilmembers should speak respectfully to one another, to staff, and to
members of the public.
7. Councilmembers should be attentive to speakers, minimizing distractions
and refraining from side conversations.
8. Councilmembers should keep remarks brief, relevant, and nonduplicative.
9. Toward the goal of effective and efficient meetings, Councilmembers should
arrive prepared, having reviewed materials in advance of the meeting.
Clarifying questions may be directed to City Administration in advance of
the meeting to allow for staff preparation.
F. Motions, Debate, and Voting at Regular or Special Meetings
1. Prior to discussion of an action item, a Councilmember must make a motion,
which must be seconded by another Councilmember, to place it on the
table, except those motions described in subparagraph 3 below, which do
not require a second.
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2. Motions are generally encouraged to be made by a Committee Chair and
seconded by a Committee member for those action items previously
discussed in standing committees.
3. Motions not requiring a second include nominations, withdrawal of a motion,
request for a roll call vote, and point of order.
4. After a motion has been made and seconded (if required), Councilmembers
may discuss their opinions on the issue prior to the vote, including why they
will vote for or against the motion.
5. Councilmembers may request a presentation or ask clarifying questions of
staff prior to beginning debate.
6. If a resolution or ordinance, the City Clerk may read the item by title only or,
if requested by any Councilmember, the document may be read in its
entirety.
7. A motion may be withdrawn by the maker of the motion at any time.
8. A motion to amend is defined as amending a motion that is on the floor and
has been seconded, by inserting or adding, striking out, striking out and
inserting, or substituting.
9. A motion to call for the question shall close debate on the main motion and
is nondebatable. This motion requires a second and fails without a two-
thirds majority. Debate is reopened if the motion fails.
10. Motions shall be entertained in the order of precedence outlined in the
current edition of Robert’s Rules of Order Newly Revised (latest edition).
11. The Regular or Special Meeting Consent Agenda is adopted by a single
motion.
12. When the discussion is concluded, the Presiding Officer shall repeat the
motion prior to voting.
13. Unless otherwise provided for by statute, ordinance, or resolution, votes will
be taken by voice, unless a roll call vote is requested by the Presiding
Officer or any Councilmember. Voting normally shall be by seniority;
however, this procedure may be changed by the Presiding Officer.
14. Each member present must vote on all questions before the Council and
may abstain only by reason of conflict of interest.
15. Silence of a Councilmember during a voice vote shall be recorded as an
affirmative vote except where such a Councilmember abstains because of
a stated conflict of interest.
16. No vote may be cast by proxy.
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17. The City Council votes on the motion as restated and the Presiding Officer
will state the results of the vote.
18. In case of a tie vote on any motion, the motion fails subject to conditions
outlined in RCW 35A.12.100.
19. In cases where there seems to be no opposition, or on questions of little
importance, the Presiding Officer may seek approval by unanimous
consent.
20. When the Council concurs with an item that does not require a formal
motion, the Presiding Officer will summarize the Council’s consensus at the
conclusion of the discussion.
G. Questions of Order
All questions of order shall be decided by the Presiding Officer with the right
of appeal to the majority of Councilmembers present.
H. Adjournments
1. All meetings of the Council shall adjourn no later than 10:00 p.m., unless
extended by majority approval of the Councilmembers present. Items not
acted on by the 10:00 p.m. deadline shall be deferred to the next respective
Council meeting as Unfinished Business, unless Council, by a majority vote
or consensus of members present, determines otherwise.
2. Any Committee of the Whole, Regular, adjourned Regular, Special, or
adjourned Special Meeting may be adjourned in the manner as set forth in
RCW 42.30.090.
V. Public Participation
A. Public Hearings: The following procedures shall apply to public hearings,
except public hearings subject to Tukwila Municipal Code Chapters 18.104 through
18.116, which shall be subject to the procedures specified therein.
1. City staff will provide a report summarizing and providing context to the
issue at hand.
2. The proponent shall speak first and is allowed 15 minutes to make a
presentation. The Council may ask questions.
3. The opponent is allowed 15 minutes to make a presentation. The Council
may ask questions.
4. Each side is then allowed 5 minutes for rebuttal.
5. After the proponents and opponents have used their speaking time, the
Council may ask further clarifying questions of the speakers.
6. Members of the public who wish to address the Council on the hearing topic
may speak for 5 minutes each.
7. Speakers are asked to sign in on forms provided by the City Clerk.
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8. The Council may ask clarifying questions of speakers and the speakers may
respond.
9. Speakers should address their comments to the City Council.
10. If a large number of people wish to speak to the issue, the Council may limit
the total amount of comment time dedicated to the Public Hearing.
11. Once the Presiding Officer closes the public hearing, no further comments
will be accepted, and the issue is open for Councilmember discussion.
12. Any hearing being held or ordered to be held by the City Council may be
continued in the manner as set forth by RCW 42.30.100.
B. Public Comment
1. Time is set aside at each Committee of the Whole and Regular Meeting for
members of the public to address the Council about items both included and
not included on the agenda.
2. Public comment is to allow members of the community to provide input to
the City Council and should not interfere with the ability of the City Council
to conduct its business. It is just one of many ways to engage with
Councilmembers.
3. The Presiding Officer will open the public comment period by explaining
how to sign up as well as how any necessary follow-up may occur.
4. Speakers will be limited to commenting once per item during the meeting.
5. Speakers are asked to sign in on forms provided by the City Clerk.
6. Speakers must wait to be recognized by the Presiding Officer.
7. Speakers are requested to first state their name for the record.
8. Speakers should limit their remarks to 5 minutes or less, unless granted
additional time by the Presiding Officer or majority of the Council.
9. All remarks should be addressed to the Council as a whole and not to
individual Councilmembers, City staff, or members of the audience.
10. No speaker may donate speaking time to another individual.
11. If a large number of people wish to speak to a particular issue, the Council
may limit the total amount of comment time dedicated to that issue.
12. Comments should not be taken on items subject to quasi-judicial
consideration unless it is during a specified public hearing.
13. Written comments may be submitted to the City Clerk or designee for
distribution to the City Council. If seven copies are not provided by the
submitter, copies will be distributed to the City Council by the next day.
14. The Council has the right to invite anyone to speak at times other than the
public comment period, which is done by consensus, unanimous consent
or majority vote.
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15. In general, Councilmembers should refrain from engaging in dialogue with
commenters, but exceptions can be made to briefly request clarifying
information only.
16. Councilmembers should not call on staff to give answers to public
commenters on the spot.
17. The Presiding Officer will thank each speaker in turn, reiterating how follow-
up may occur when appropriate.
C. Disruptions
1. Disruptions of a Council meeting are prohibited and include but are not
limited to the following:
a. Failure of a speaker to comply with the allotted public comment time.
b. Outbursts from members of the public who have not been recognized
by the Presiding Officer.
c. Interfering with other individuals desiring to provide public comment.
d. Behavior that intentionally disrupts or impedes attendance or
participation at a meeting.
2. If an individual is disruptive, the Presiding Officer may terminate that
individual’s comment period, request assistance to direct an individual to
their seat or, in extreme cases, request assistance in removing the individual
from the meeting room.
3. If a meeting has become disrupted to the point of a failure of resuming
business, the Presiding Officer should call for a motion to recess.
4. If order cannot be restored, the City Council may order the meeting room
cleared and continue in session or may adjourn the meeting and reconvene
at another location selected by majority vote of the members pursuant to
RCW 42.30.050. Members of the press, except those participating in the
disturbance, are allowed to attend, and final disposition may be taken only
on matters appearing on the agenda.
VI. City Council Committees
A. Standing Committees
1. The City Council may choose to implement a framework of standing
Committees, comprising three Councilmembers each, to aid in the
transaction of its business.
2. The standing Committee titles, scopes of authority, and schedule will be
adopted by resolution in January of each year.
3. The scopes of the standing Committees will be balanced in accordance with
the City’s workload.
4. The Council President shall appoint the chair and membership of each
Committee by the second Regular Meeting of each year.
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5. The standing Committees shall consider and make policy recommendations
to the City Council. Committees may at times refer items to the entire
Council with no recommendation.
6. Each Committee Chair shall report to the Council the findings of the
committee.
7. Each Committee Chair may review and approve the Committee agenda and
will approve Committee minutes before distribution. The Committee Chair
can authorize the cancellation of a Committee meeting.
8. In the event a Committee member is unable to attend a meeting, another
Councilmember may attend in the absent member’s place. If no replacement
can be found, the meeting may still take place with two members.
9. Public comment is typically not accepted at Council committee meetings, but
the Chair may make an exception in limited circumstances when an attendee
may offer a necessary perspective or subject matter expertise.
B. Ad Hoc Committees
The City Council may establish such ad hoc committees as may be
appropriate to consider special matters that do not readily fit the standing
committee structure or that require a special approach or emphasis.
VII. Council Vacancies
A. Vacancy
A Council position becomes vacant upon the resignation, recall, forfeiture of
position, or death of a Councilmember. The remaining members of the
governing body shall appoint a qualified person to fill the vacant position.
B. Resignation
1. A resignation including an effective date must be submitted to the City
Council in writing.
2. The City Council accepts a resignation by a motion and vote.
C. Appointment
If a vacancy occurs in the office of Councilmember, the Council will follow
the procedures outlined in RCW 35A.12.050. To fill the vacancy with the
most qualified person available until an election is held, the Council will
widely distribute and publish a notice of the vacancy, the procedure, and any
application form for applying. The application forms will be used in
conjunction with an interview of each candidate to aid the Council selection
of the new Councilmember.
VIII. Other Responsibilities
A. Public Records Act Compliance
1. Each Councilmember is responsible for complying with RCW 42.56, laws
that govern public records.
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2. Paper and electronic records that relate to the functional responsibility of the
recipient or sender as a public official constitute a public record, which is
subject to public inspection in accordance with RCW 42.56.
3. Councilmembers should send and receive messages related to City
business through the City’s email system
4. Emails and/or text messages transmitted through personal accounts and
devices are public records and must be retained accordingly.
5. Social media posts are a public record. Wherever possible, posting should
contain links directing users back to the City’s official website for in-depth
information, forms, documents, or online services necessary to conduct
official City business.
6. Public records created or received by a Councilmember will be transferred
to the Legislative Analyst for retention by the City in accordance with
retention requirements under state law.
7. Public records that are duplicates of those in the possession of City staff,
such as meeting agendas, are not required to be retained.
B. Open Public Meetings Act Compliance
1. Each Councilmember is responsible for complying with RCW 42.30, laws
that govern public meetings.
2. If a quorum of the City Council is anticipated at a community or regional
event or meeting, the Legislative Analyst or designee will evaluate the
circumstances to determine if a notice of attendance or Special Meeting is
needed.
3. For events not related to City business, four or more Councilmembers may
attend, but may not discuss City business.
4. For events related to City business where a notice of attendance or Special
Meeting has not been issued, only three Councilmembers may attend.
5. Councilmembers should not engage in email or text threads or other
communications involving a quorum of the Council.
6. Councilmembers should refrain from commenting on social media
conversations involving other Councilmembers.
7. Councilmembers shall silence cell phones and other electronic devices
during meetings. To maintain transparency and to ensure that all discussion
and deliberation occurs publicly on the record, Councilmembers shall not
communicate in any electronic format with another Councilmember during a
Council meeting.
C. Code of Ethics
1. Councilmembers must comply with the Code of Ethics for Elected Officials as
codified at Tukwila Municipal Code Chapter 2.97
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2. Councilmembers shall not attempt to coerce or influence staff to engage in
any act that is in conflict with, or creates an appearance of conflict with, the
performance of official duties as cited in the City’s Code of Ethics for
Employees and Appointed Officials as codified at Tukwila Municipal Code
Chapter 2.95.
IX. Joining the City Council
A. Swearing-in
1. As provided for in RCW 29A.60.20, Councilmembers shall take an official
oath of office upon commencement of their term of office. The oath may be
given by the Mayor, City Clerk, or a judicial officer and will be recorded with
King County
a. Newly elected Councilmembers will take an oath of office at the first
Regular or Special Council meeting after the first of the year.
b. Newly appointed Councilmembers will take an oath of office at the first
Regular or Special Council meeting following their appointment.
B. Orientation
1. New Councilmembers will be scheduled for orientation meetings with the
Mayor, City Administrator, Legislative Analyst, City Clerk, each Department
Director, and the City Attorney within 30 days of election or appointment.
2. New Councilmembers are expected to review the City of Tukwila
Councilmember Handbook, City Council Rules of Procedure, the Equity
Policy, the AWC Mayor and Councilmember Handbook, and other relevant
information.
C. Required Training
Councilmembers shall receive the training required by the State of
Washington on the fundamentals of the Open Public Meetings Act (OPMA),
Public Records Act (PRA), and records retention requirements per RCW
42.56.150.
D. General Training
Councilmembers are encouraged to attend training on the role of a City
Councilmember such as that which is offered by Association of Washington
Cities.
X. Councilmember Travel and Training
A. Purpose
1. Councilmembers are encouraged to be actively involved in city, county, state,
regional and national organizations for the benefit of the Tukwila community.
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2. Councilmembers may travel and attend training, education sessions,
conferences, and meetings, and reasonable expenses will be reimbursed in
accordance with city procedures applicable to employees and officials,
subject to budgetary limit set by the full Council.
3. Councilmembers should report out on conferences and trainings attended.
B. Travel Budget
1. Budgets for City Council travel and training will be set during the biennial
budget adoption and adjusted through the annual budget amendment
process, if necessary.
2. All Councilmembers will have discretionary access to travel funds.
3. The entire Council, by majority, will make the final decision on use of funds
should issues arise.
C. Travel Expenses
1. Councilmembers should exercise prudent judgment in incurring travel
expenses on official city business.
2. Expenses eligible for reimbursement include standard (coach) airfare,
baggage fees, ground transportation, mileage, registration, lodging, and
meals (except alcohol).
3. All receipts must be retained and submitted for processing in accordance with
current procedures established by the Finance Department.
4. Councilmembers may reserve a City vehicle for business travel when
available.
XI. Voucher Review
A. Purpose
1. Vouchers are the checks with which the City pays its bills. Before the entire
Council approves vouchers on the Consent Agenda at a Regular or Special
meeting, each transaction has gone through multiple layers of review, starting
with the individual staff person responsible for the payment, to supervisor,
and, if appropriate, the Department Director depending on dollar threshold.
Each transaction is then reviewed by designated Finance Department staff
for final authorization and issuance. These checks and balances help protect
the City and provide assurance that all claims presented for payment are
complete and in compliance with established budget and policies.
2. At the beginning of each year, the Legislative Analyst will create a schedule
rotating the task among all Councilmembers.
3. The obligation of the Councilmember providing the review is to gain a general
understanding of City expenditures and ensure alignment with city budget
and policies.
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4. If the Councilmember has a concern about any expenditure and how it fits
with established budget and policies, they should request background
information or clarification from the Finance Director or designated staff. In
rare cases, the Councilmember may want to alert the full Council prior to
voucher approval.
5. The reviewing Councilmember should verbally attest to their review prior to
the City Council’s approval of vouchers on a Consent Agenda.
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UPCOMING MEETINGS AND EVENTS
JUNE - JULY 2023 City Council meetings and Council Committee meetings will be conducted in a hybrid model, with in-person and virtual attendance available.
JUN 26 MON JUN 27 TUE JUN 28 WED JUN 29 THU JUN 30 FRI JUL 1 SAT
Community Services and
Safety Committee
Cancelled
Finance and Governance
Committee
5:30 PM
6300 Building – Suite 100
Foster Conference Room
Hybrid Meeting
City Council Committee of the Whole
Meeting
7:00 PM
City Hall Council Chambers
Hybrid Meeting
Special Meeting will follow
Committee of the Whole Meeting.
SULLIVAN CENTER
LUNCHTIME CONERT
SERIES
FREE event with Spice
Bridge food and Gansango
West African Music &
Dance.
12:00 PM – 1:30 PM
Tukwila Village
14350 Tukwila Intl Blvd
Click here for more
summer events.
Arts Commission
6:00 PM
Hybrid Meeting
Come buy fresh produce
grown by refugees and
immigrants in our
community.
FREE summer meals for
kids and caregivers
available for pick up.
4:00 PM – 7:00 PM
Tukwila Village Plaza
14350 Tukwila Intl Blvd
WALK & TALK LITTER
CLEAN-UP AT
DUWAMISH HILL
PRESERVE
You can make a difference
by cleaning up trash while
chatting with friends.
10:00 AM –12:00 PM
Duwamish Hill Preserve
3800 S 115th St
Click here to register.
CONCERT IN THE PARK
MUSIC SERIES
FREE event with Stacy
Jones Band and food by
Soul Fusion Food Truck.
5:00 PM –7:00 PM
Riverton Park 4124 S 131st St
Click here for more
summer events.
DONATE BLOOD AND
ENTER TO WIN A
YETI TUNDRA HAUL
WHEELED COOLER
Your donation is critical! To
schedule an appointment,
call 1-800-398-7888.
Click here to schedule an
appointment.
JUL 3 MON JUL 4 TUE JUL 5 WED JUL 6 THU JUL 7 FRI JUL 8 SAT
Regular and Committee
Meetings cancelled.
City offices and
community center are
closed.
Come buy fresh produce
grown by refugees and
immigrants in our
community.
FREE summer meals for
kids and caregivers
available for pick up.
4:00 PM – 7:00 PM
Tukwila Village Plaza
14350 Tukwila Intl Blvd
Equity and Social
Justice Commission
5:30 PM
Hybrid Meeting
CONCERT AND MOVIE AT
FOSTER GOLF COURSE
FREE event with music from
Po’okela Street Band and
food by Billy Baroo’s.
Movie shown at sunset is
“Minions: The Rise of Gru”.
6:30 PM
Foster Golf Links
13500 Interurban Ave S
Click here for more summer events.
FREE SMOKE ALARMS
AND INSTALLATION
Service provided to those
who cannot afford to
purchase smoke alarms or
are physically unable to
install a smoke alarm.
For more information or
request FREE smoke
alarms,
call 1-833-918-1531.
Click here for more
information.
CITY HALL & 6300 BUILDINGS ARE OPEN TO THE PUBLIC MONDAYS, WEDNESDAYS & THURSDAYS 8:30 AM – 4:00 PM
CITY OF TUKWILA IS HIRING! WE HAVE MANY JOB OPPORTUNITIES INCLUDING SUMMER POSITIONS!
Visit the City’s Employment Opportunities page to apply! Click here for more information.
MOBILE RECREATION WITH FREE ACTIVITIES FOR FAMILIES! JUN 28 – SEP 1 WED, THU, FRI, SAT & SUN
Meet Parks Staff for fun and free activities at local parks, Tukwila Village and Tukwila Pantry locations! Click here for more information.
SPRAY PARK IS OPEN! DAILY FROM 10:00 AM – 8:00 PM TUKWILA COMMUNITY CENTER
Cool down on those hot days at the FREE Spray Park. Nearby benches, tables and grass are the perfect place for a picnic. Pack some treats and have fun!
DRIVE THRU PICK-UP 3118 S 140TH ST TUESDAYS, THURSDAYS AND SATURDAYS 10:00 AM – 2:00 PM
VOLUNTEERS – In need of volunteers for food packaging or food distributions. To volunteer, click here to sign up.
DONORS – Please donate at tukwilapantry.org/donate/.
STILL WATERS SNACK PACK NEEDS YOUR DONATIONS AND VOLUNTEER HELP!
SnackPack distributes food bags on Fridays to Tukwila students in need. Click here for the Snack Pack list.
VOLUNTEERS NEEDED ON WEDNESDAYS, THURSDAYS AND FRIDAYS. Pack snacks every Wednesday at 9:30 AM.
To volunteer, email Stillwatersfamilyservices@gmail.com. To deliver food, click here to register with Tukwila School District.
Please donate to feed our Tukwila kids. Click here to donate online or mail checks to Still Waters, PO Box 88984, Tukwila WA 98138.
DOWNLOAD AUDIOBOOKS FOR FREE!
Download for free with your library card. Browse the Libby app or Overdrive website to discover your next great listen. Click here for more information.
STREAM MOVIES FOR FREE!
Use your KCLS library card to stream thousands of movies for free! Watch indie films, world cinema, documentaries and more on Kanopy. Sign in with your
library card to start watching. Click here for more information.
FREE SUMMER MEALS FOR AGES 18 AND UNDER!
Summer Food Service Program provides free summer meals for children in King County. Click here for more information.
Summer Meals Locator: English Español Af Somali Tiếng Việt
CASCADE VIEW COMMUNITY PARK
14211 37TH Ave S
Jul 10 – Aug 25 Mon – Fri
Lunch: 12:00 PM – 1:00 PM
Snack: 1:45 PM – 2:00 PM
FOSTER HIGH SCHOOL
4242 S 144th St
Jul 5 – Aug 3 Mon – Thu
Breakfast: 7:30 AM – 8:00 AM
Lunch: 11:00 AM – 11:30 AM
TUKWILA ELEMENTARY
5939 S 149th St
Jul 5 – Aug 3 Mon – Thu
Breakfast: 8:30 AM – 9:00 AM
Lunch: 12:00 PM – 12:30 PM
TUKWILA VILLAGE FARMER’S MARKET
14350 Tukwila International Blvd
Jun 21 – Aug 30 Wednesdays
Dinner: 4:30 PM – 6:30 PM
Halal friendly options.
Meals available for caregivers too!
TUKWILA COMMUNITY CENTER
12424 42nd Ave S
Jul 10 – Aug 25 Mon – Fri
Lunch: 11:15 AM – 12:15 PM
Snack: 3:00 PM – 3:30 PM
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sdfsdfsdfs dfsdfsTentative Agenda Schedule
MEETING 1 –
REGULAR
MEETING 2 –
C.O.W.
MEETING 3 –
REGULAR
MEETING 4 –
C.O.W.
JUNE 5
See below link for the agenda
packet to view the agenda items:
June 5, 2023
Regular Meeting
JUNE 12
See below link for the agenda
packet to view the agenda items:
June 12, 2023
Committee of the Whole / Special
Meeting
JUNE 19
Regular Meeting cancelled
due to the holiday.
JUNE 26
See below link for the agenda
packet to view the agenda items:
June 26, 2023
Committee of the Whole / Special
Meeting
MEETING 1 –
REGULAR
MEETING 2 –
C.O.W.
MEETING 3 –
REGULAR
MEETING 4 –
C.O.W.
JULY 3
Regular Meeting cancelled.
JULY 10
PRESENTATION
Get to Know Puget Sound Fire.
SPECIAL ISSUES
Contract for Long-Term Financial
Sustainability Plan.
Special Meeting to follow
Committee of the Whole Meeting.
CONSENT AGENDA
- A resolution adopting the 2024 South
King Housing and Homelessness
Partners Work Plan & Operating
Budget.
- Authorize the Mayor to sign a lease
agreement with Dell in an amount
not to exceed $125,778.71 for the
2023 City laptop refresh.
JULY 17
PRESENTATION
- Update on Explore Seattle Southside.
- Tukwila Pool Update.
CONSENT AGENDA
Authorize the Mayor to sign a contract
for On-Call parks landscape
architecture, design and project
management contracts.
UNFINISHED BUSINESS
Contract for Long-Term Financial
Sustainability Plan.
JULY 24
PRESENTATION
Get to Know Puget Sound Fire.
PUBLIC HEARING
An ordinance regarding Multifamily
Property Tax Exemption.
SPECIAL ISSUES
An ordinance regarding Multifamily
Property Tax Exemption.
Special Meeting to follow
Committee of the Whole Meeting.
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