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CSS 2025-12-08 COMPLETE AGENDA PACKET
City of Tukwila Community Services and Safety Committee O Dennis Martinez, Chair O Mohamed Abdi O Armen Papyan AGENDA MONDAY, DECEMBER 8, 2025 — 5:30 PM Distribution: D. Martinez M. Abdi A. Papyan Mayor McLeod M. Wine A. Youn L. Humphrey N-SITE PRESENCE: TUKWILA CITY HALL HAZELNUT CONFERENCE Room 6200 SOUTHCENTER BOULEVARD EMOTE PARTICIPATION FOR THE PUBLIC: 1-253-292-9750, ACCESS CODE: 936039108# Click here to: Join Microsoft Teams Meeting For Technical Support: 1-206-433-7155 Item Recommended Action Page 1. BUSINESS AGENDA a. Grant Acceptance: 2025-2026 Washington State Office of a. Forward to 12/15 Regular Pg.1 Public Defense Meeting Consent Agenda Cheryl Thompson, Executive Coordinator b. Contract Amendment: Department of Social & Health b. Forward to 12/15 Regular Pg.9 Services (DSHS) Olympic Heritage Agreement Meeting Consent Agenda Eric Dreyer, Chief of Police c. Grant Acceptance: King County Open Space River c. Forward to 12/15 Regular Pg.13 Corridors — TCC Riverside Campus & Canoe Launch Meeting Consent Agenda David Rosen, Parks & Recreation Analyst d. Contract Agreement: 2026-2031 King County Parks d. Forward to 12/15 Regular Pg.61 Property Tax Levy Meeting Consent Agenda David Rosen, Parks & Recreation Analyst e. Contract Amendment: B-Force Parks Security Services e. Forward to 12/15 Regular Pg.75 Kris Kelly, Parks & Recreation Deputy Director Meeting Consent Agenda f. Contract Amendment: Foster Golf Links (FGL) f. Forward to 12/15 Regular Pg.81 Concessionaire Lease Meeting John Dunn, Parks & Recreation Superintendent 2. MISCELLANEOUS S. The City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206-433-1800 (TukwilaCityClerk@TukwilaWA.gov) for assistance. TO: CC: City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM COMMUNITY SERVICES AND SAFETY COMMITTEE Mayor McLeod Marty Wine, City Administrator FROM: Cheryl Thompson, Executive Coordinator DATE: November 26, 2025 SUBJECT: Office of Public Defense 2026-2027 Grant Agreement ISSUE The Washington State Office of Public Defense (WSOPD) has awarded the City of Tukwila grant funds in the amount of $80,930 for the Public Defense Program: $53,953.33 for 2026 and $26,976.67 for January through June 2027. Council needs to approve execution of the grant agreement since the award exceeds the $60,000 threshold. BACKGROUND The Sixth Amendment of the United States Constitution requires that people accused of serious crimes who cannot afford to pay for private counsel be provided with an attorney. Responsibility for upholding the mandate of the Sixth Amendment lies with the states, although in Washington State this responsibility has been delegated to counties and municipalities that have judicial branches. The City of Tukwila contracts for public defense services to provide legal representation for indigent criminal defendants who qualify for appointment of counsel. Representation is provided from the time of screening for eligibility through trial, sentencing and appeals to the superior court, if necessary. To enhance the City's Public Defense Program, the City has applied for and received grant awards from WSOPD since 2013. The grant awards for 2013 — 2017 were for one year and ranged from $22,000 - $25,600. In 2018 WSOPD transitioned to a two-year grant award process and the City has received awards for $85,000 for 2018-2019, $80,000 for 2020-2021, $75,000 for 2022-2023 and 2024-2025. DISCUSSION In October the City received notification that WSOPD has awarded the City $80,930 in grant funds for January 1, 2026, through June 30, 2027. This grant period is for 18 months as the program transitions from a calendar year timeline to alignment with the State's fiscal year. WSOPD has stipulated that the grant funds may be used for the following: Adding attorneys to reduce public defense caseloads; investigator services; public defense attorney compensation; social work services or sentencing mitigation; interpreter services for attorney -client interviews; and reimbursement of training costs. The attached Grant Agreement must be signed and returned to WSOPD by December 29, 2025, to accept the award and receive the funds. The City agrees to utilize the grant funds as stipulated by WSOPD and to submit three written reports to WSOPD as outlined in the agreement. Past grant awards from WSOPD have allowed the City to provide interpreter resources to public defense attorneys for attorney -client appointments; to contract with a private investigator for public defense cases; to contract with a social services case manager to assist public defense clients in obtaining social service; to reimburse public defense attorneys for training costs for participating in trainings approved by WSOPD and to increase compensation to public defense 1 INFORMATIONAL MEMO Page 2 attorneys to cover additional services implemented due to the transition to virtual court hearings. These grant funds will allow the City to continue providing these services. RECOMMENDATION The Committee is being asked to authorize the Mayor to execute this agreement as a consent agenda item at the December 15, 2025, Council meeting. ATTACHMENTS 2026-2027 Grant Agreement 2 Agreement No. IAA26078 ashin:ton State ffice of Pudic tefense FACE SHEET RCW 10.101.070 FUNDS The Chapter 10.101 RCW city grants are competitive grants for the purpose of improving the quality of public defense services in Washington municipalities. The Office of Public Defense (OPD) and Recipient, as defined below, acknowledge and accept the terms of this Agreement and attachments and have executed this Agreement on the date below to start January 1, 2026 and end June 30, 2027. The rights and obligations of both parties to this Agreement are governed by this Agreement and the following other documents incorporated by reference: Special Terms and Conditions, General Terms and Conditions, and Exhibits A, B, and C. t City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 eCl l t r S t t•V Cheryl Thompson Executive Coordinator City of Tukwila istr ti $80,930.00 r ci Signature Thomas McLeod Printed Name Mayor Title f f s ( 711 Capitol Way South, Suite 106 PO Box 40957 Olympia, WA 98504-0957 r s tti Geoffrey Hulsey Managing Attorney WA State Office of Public Defense s l* r January 1, 2026 through June 30, 2027 Signature Geoffrey D. Hulsey Printed Name Managing Attorney Public Defense Improvement Program, OPD Title Date Date 1 of 6 3 Agreement No. IAA26078 r i 1. Agreement Management The Representative for each of the parties shall be responsible for and shall be the contact person for all communications regarding the performance of this Agreement. a. The Representative for OPD and their contact information are identified on the Face Sheet of this Agreement. b. The Representative for the Recipient and their contact information are identified on the Face Sheet of this Agreement. 2. Distribution Amount The Distribution Amount is $80,930.00 Dollars (Eighty thousand nine hundred thirty dollars and zero cents) to be used for the purpose(s) described in the USE OF FUNDS below. Two-thirds of the award amount shall be disbursed to Recipient in January 2026 for intended use during calendar year 2026. The remaining third shall be disbursed to Recipient in January 2027 for intended use through June 30th during the calendar year 2027. The disbursement of any grant funds is subject to the availability of funding appropriated to OPD by the Washington State Legislature. 3. Prohibited Use of Funds (as adopted in OPD Policy County/City Use of State Public Defense Improvement Funds) a. Grant funds cannot be used to supplant local funds that were being spent on public defense prior to the initial disbursement of state grant funds. b. Funds cannot be spent on purely city or court administrative functions or billing costs. c. Grant funds cannot be used for cost allocation. d. Grant funds cannot be used for indigency screening costs. e. Grant funds cannot be used for city or court technology systems or administrative equipment. f. Funds cannot be used for county attorney time, including advice on public defense contracting. g. Funds cannot be used for in -court interpreter services required under Chapter 2.43 RCW. h. Funds cannot be used for pre-trial monitoring of public defense clients (e.g., SCRAM, EHM, UA) 4. Use of Funds a. Recipient agrees to use the RCW 10.101.070 funds to improve the quality of legal representation directly received by indigent defendants. b. Recipient agrees to use the funds for the following purpose(s): i. Adding attorneys to reduce public defense caseloads ii. Adding investigator services iii. Increasing public defense attorney compensation iv. Providing social work services or sentencing mitigation as part of public defense representation v. Providing interpreter services for attorney -client interviews and communications vi. Reimbursement of training costs 2 of 6 4 Agreement No. IAA26078 c. Recipient agrees to use the funds between January 1, 2026 and June 30, 2027. If Recipient is unable to use the funds in the Use Period, the Recipient agrees to notify OPD to determine what action needs to be taken. d. If Recipient's Statewide Vendor (SWV) registration does not accept EFT, Recipient agrees to deposit the RCW 10.101.070 funds within 14 days of receipt. 5. Oversight a. Recipient agrees to provide reports to OPD due no later than June 1, 2026, December 1, 2026, and June 1, 2027. Exhibits A, B, and C report templates will be provided by OPD. The first report must be submitted along with the Recipient's public defense attorneys' contracts, certifications of compliance, and other required documentation. b. Over the duration of the Use Period, OPD may conduct site visits for purposes of addressing improvements to public defense and ensuring the use of grant funds for their specified purposes. At OPD's request, Recipient will assist in scheduling such site visits and inviting appropriate attendees such as, but not limited to: public defense attorneys, judicial officers, and county representatives. 6. Order of Precedence In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable federal and state of Washington statutes, regulations, and court rules b. Special Terms and Conditions c. General Terms and Conditions I 1. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 2. AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendment shall not be binding unless it is in writing and signed by personnel authorized to bind each of the parties. 3. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the "ADA" 29 CFR Part 35. The Recipient must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 4. ASSIGNMENT Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Recipient without prior written consent of OPD. 3 of 6 5 Agreement No. IAA26078 5. ATTORNEY'S FEES Unless expressly permitted under another provision of the Agreement, in the event of litigation or other action brought to enforce Agreement terms, each party agrees to bear its own attorney fees and costs. 6. CONFORMANCE If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 7. CORRECTIONS If there are non -substantive typographical, grammar, scrivener's or drafting errors (such as erroneous numerical figures, incorrect dates, misspelled words, errant commas, etc.), OPD reserves the right to correct said errors at any time, without prior notice. 8. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and places by the Parties shall not affect the validity thereof so long as all the Parties hereto execute a counterpart of this Agreement. 9. ELECTRONIC SIGNATURES An electronic signature or electronic record of this Agreement or any other ancillary agreement shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement or such other ancillary agreement for all purposes. 10. ETHICS/CONFLICTS OF INTEREST In performing under this Agreement, the Recipient shall assure compliance with the Ethics in Public Service, Chapter 42.52 RCW and any other applicable court rule or state or federal law related to ethics or conflicts of interest. 11. FORCE MAJEURE Neither Agency nor OPD shall be liable or responsible for delays or failures in performance resulting from events beyond the reasonable control of such party and without fault or negligence of such party. Such events shall include but not be limited to strikes, lockouts, riots, acts of war, epidemics, pandemics, acts of government, fire, power failures, nuclear accidents, earthquakes, unusually severe weather, acts of terrorism, or other disasters, whether or not similar to the foregoing, and acts or omissions or failure to cooperate of the other party or third parties (except Subcontractors). In the event a Force Majeure occurs after the effective date and prior to completion or expiration date of this Agreement, OPD, at its sole discretion, may elect to suspend performance of the Agreement until OPD determines the Force Majeure event resolved. OPD may exercise this option with no notification restrictions. 12. GOVERNING LAW AND VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 13. INDEMNIFICATION To the fullest extent permitted by law, the Recipient shall indemnify, defend, and hold harmless the state of Washington, OPD, all other agencies of the state and all officers, agents and employees of the state, from and 4 of 6 6 Agreement No. IAA26078 against all claims or damages for injuries to persons or property or death arising out of or incident to the performance or failure to perform the Agreement. 14. LAWS The Recipient shall comply with all applicable laws, ordinances, codes, regulations, court rules, policies of local and state and federal governments, as now or hereafter amended. 15. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Agreement, the Recipient shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Recipient's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Agreement may be rescinded, canceled or terminated in whole or in part. 16. NONEXCLUSIVELY This Agreement is non-exclusive. During the term of this Agreement, the OPD reserves the right to enter into agreements with other parties as it deems fit. Nothing contained in this Agreement shall be construed to limit in any way the OPD's right to enter a like or similar agreement or grant a like or similar award to any other entity or party on such terms as the OPD may in its sole discretion deem appropriate. 17. PUBLIC INFORMATION Unless statutorily exempt from public disclosure, this Agreement and all related records are subject to public disclosure as required by Washington's General Rule 31.1, Access to Administrative Records. Agency when submitting records to OPD or otherwise making written inquiries or requests to OPD, shall redact any confidential information contained therein and shall not identify clients or other case -related parties by name. 18. RECAPTURE In the event that the Recipient fails to perform this Agreement in accordance with state laws, federal laws, and/or the provisions of the Agreement, OPD reserves the right to recapture funds in an amount to compensate OPD for the noncompliance in addition to any other remedies available at law or in equity. 19. RECORDS MAINTENANCE The Recipient shall maintain all books, records, documents, data and other evidence relating to this Agreement. Recipient shall retain such records for a period of six (6) years following the end of the Agreement period. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. 20. RIGHT OF INSPECTION At no additional cost all records relating to the Recipient's performance under this Agreement shall be subject at all reasonable times to inspection, review, and audit by OPD, the Office of the State Auditor, and state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance under this Agreement. The Recipient shall provide access to its facilities for this purpose. 21. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Agreement and to this end the provisions of this Agreement are declared to be severable. 5 of 6 7 Agreement No. IAA26078 22. SURVIVORSHIP The terms, conditions and warranties contained in this Agreement that by their sense and context are intended to survive the completion of the performance, expiration or termination of this Agreement shall so survive. 23. SUSPENSION FOR CONVENIENCE OPD may suspend this Agreement or any portion thereof for a temporary period by providing written notice to the Agency a minimum of seven (7) calendar days before the suspension date. Agency shall resume performance on the first business day following the suspension period unless another day is specified in writing by OPD prior to the expiration of the suspension period. 24. TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. 25. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement, either party may terminate this Agreement upon thirty (30) calendar days prior written notification. Upon such termination, the Parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of such termination. 26. TERMINATION FOR NON -AVAILABILITY OF FUNDS OPD's ability to make payments is contingent on availability of funding. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to completion or expiration date of this Agreement, OPD, at its sole discretion, may elect to terminate the Agreement, in whole or part, for convenience or to renegotiate the Agreement subject to new funding limitations and conditions. OPD may also elect to suspend performance of the Agreement until OPD determines the funding insufficiency is resolved. OPD may exercise any of these options with no notification restrictions, although OPD will make a reasonable attempt to provide notice. In the event of termination or suspension, OPD will reimburse eligible costs incurred by the Agency through the effective date of termination or suspension. Reimbursed costs must be agreed to by OPD and the Agency. In no event shall OPD's reimbursement exceed OPD's total responsibility under the Agreement and any amendments. 27. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing. 6 of 6 8 TO: FROM: BY: City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM Community Services & Safety Committee Eric Dreyer, Chief of Police Jake Berry, Police Finance & Grants Analyst CC: Thomas McLeod DATE: December 8th, 2025 SUBJECT: Olympic Heritage Police Services Agreement Amendment ISSUE In December of 2024 Council authorized the Mayor to enter into an agreement with DSHS to compensate the City for police services at and near the Olympic Heritage campus at 12844 Military Rd S. DSHS would like to extend the end date of that agreement via an amendment. BACKGROUND/DISCUSSION The original agreement (24-046) had a start date of 1/1/24, an end date of 12/31/25, and a set quarterly payment from DSHS to the City of $26,636.25. DSHS wishes to extend this agreement's end date to 12/31/2030 with no other changes except raising the original agreement's maximum contract amount from $213,090 to a five-year total maximum of $1,278,540. The amendment makes no other changes. FINANCIAL IMPACT The quarterly revenue to the City will remain $26,636.25 while the maximum contract amount is raised to allow for the extension. Total revenue to the City per year for this agreement will be $106,545 with no incremental direct costs. RECOMMENDATION The Committee is being asked to forward this matter to the December 15th 2025 Regular Meeting and for consideration for inclusion into that meeting's Consent Agenda with the goal of authorizing the Mayor to execute this amendment prior to the original agreement's end date of 12/31/25. ATTACHMENTS WA DSHS Amendment (as reviewed by City Attorney) Original Agreement 25-046 (link only/as executed) Original Agreement's CAS and InfoMemo dated Dec 9, 2024 (link only) 9 Washington State 7 c Department of Social &Health Services CONTRACT AMENDMENT Police Services DSHS CONTRACT NUMBER: 2464-55580 Amendment No. 01 Transforming lives This Contract Amendment is between the State of Washington Department of Social and Health Services (DSHS) and the Contractor identified below. Program Contract Number Chick here to enter text. Contractor Contract Number CONTRACTOR NAME City of Tukwila CONTRACTOR doing business as (DBA) CONTRACTOR ADDRESS 6200 Southcenter Blvd Tukwila, WA 98188- WASHINGTON UNIFORM BUSINESS IDENTIFIER (UBI) DSHS INDEX NUMBER 65776 CONTRACTOR CONTACT Jake Berry CONTRACTOR TELEPHONE Click here to enter text, CONTRACTOR FAX Click here to enter tr.,xt. CONTRACTOR E-MAIL ADDRESS j.berry@tukwilawa.gov DSHS ADMINISTRATION Behavioral Health Administration DSHS DIVISION Division of State Hospitals DSHS CONTRACT CODE 8000LC-64 DSHS CONTACT NAME AND TITLE Blessing Guillermo Contracts Manager DSHS CONTACT ADDRESS Olympic Heritage BH 12844 Military Rd S Tukwila, WA 98168 DSHS CONTACT TELEPHONE (253)355-4813 DSHS CONTACT FAX Chick here to enter text, DSHS CONTACT E-MAIL ADDRESS blessing.guillermo1@dshs.wa.gov IS THE CONTRACTOR A SUBRECIPIENT FOR PURPOSES OF THIS CONTRACT? No CFDA NUMBERS AMENDMENT START DATE 01 /01 /2026 CONTRACT END DATE 12/31/2030 PRIOR MAXIMUM CONTRACT AMOUNT $213,090.00 AMOUNT OF INCREASE OR DECREASE $1,065,450.00 TOTAL MAXIMUM CONTRACT AMOUNT $1,278,540.00 REASON FOR AMENDMENT; CHANGE OR CORRECT PERIOD OF PERFORMANCE AND MAX CONTRACT AMOUNT ATTACHMENTS. When the box below is marked with an X, the following Exhibits are attached and are incorporated into this Contract Amendment by reference: ❑ Additional Exhibits (specify): This Contract Amendment, including all Exhibits and other documents incorporated by reference, contains all of the terms and conditions agreed upon by the parties as changes to the original Contract. No other understandings or representations, oral or otherwise, regarding the subject matter of this Contract Amendment shall be deemed to exist or bind the parties. All other terms and conditions of the original Contract remain in full force and effect. The parties signing below warrant that they have read and understand this Contract Amendment, and have authority to enter into this Contract Amendment. CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED DSHS SIGNATURE PRINTED NAME AND TITLE DATE SIGNED DSHS Central Contract Services 6024PF Contract Amendment (1-26-2018) Page 1 10 This Contract between the State of Washington Department of Social and Health Services (DSHS) and the Contractor is hereby amended as follows: 1. The Contract End Date is extended as set forth on Page 1 of this Amendment. 2. The Total Maximum Contract Amount is increased as set forth on Page 1 of this Amendment. All other terms and conditions of this Contract remain in full force and effect. DSHS Central Contract Services Page 2 6024PF Contract Amendment (1-26-2018) 11 12 Thomas McLeod, Mayor Parks &Recrea&ion Department -Pete Moyer, Director INFORU��d���U���Uo���U U��U�d�������U� MATIONAL nwu�~o�x�*u��-^u�����"mu TO: Thomas McLeod, City mfTukwila Mayor Community Services & Safety Committee FROM: Pete Mayer, Parks & Recreation Director BY: David Rosen, Parks & Recreation Analyst DATE: November 24, 2025 SUBJECT: Grant : King County Open Space -River Corridors Grant Tukwila Community Center Riverside Campus & Canoe Launch Project ISSUE The City of Tukwila Parks & Recreation Department has been awarded a $1,000,000 grant administered through the King County Parks Levy Open Space - River Corridors ([)SRC) program. Per city policy, a grant agreement for this amount of funding requires city council approval before the Mayor may sign the contract for execution and recording. BACKGROUND Enhancing and improving the Tukwila Community Center campus was identified 8S8priority project in the 2020 Parks, Recreation and Open Space (PROS) Plan. In 2024, the City of Tukwila contracted with the Berger Partnership to engage in a park master planning process for the Tukwila Community Center C8OnpUS. This vvOrh led to the creation of concept plans for 7-Ukvvi|8 COnnrnUnitv Center Riverside Campus and Canoe Launch, 8re-imagining Ofthe 0UVV8rDiShRiver waterfront located OOSit8.The Parks and Recreation Advisory Committee reviewed the conceptual master plan inApril 0f2O24. |Othe Spring Of2025. department staff sought toprepare 8OdSUb0it8grant8pplic8tioOto the King County Parks Levy Open Space - River Corridors program, which specifically supports projectsth8t "help restore the natural functions of rivers, Cn88t8 or restore public access, and/or increase public awareness Ofriver corridors 8Svaluable natural [SSOUrC8S."King County Parks Levy administered grant applications are accepted, evaluated, and ranked by Advisory Committees of parks and recreation and public administration professionals throughout the |0CG| area. In total, fifteen (15) projects were submitted from across the county and l[UkVVi|8'Sproject VV8SrGOk8dhigh8DOUQhtOP8C8iV8itSfU|| funding request. Staff were made aware Ofthe p m �HCt'SS8|0CtiDOfO[fUOdiOQODJU|y23 .2O25. Th8Citv's 2025-2O3OCapital Improvement Program ({}|P)defines the TCC Campus Master Plan project (#72530301), including estimated pj8CtCOSLS8OdfUOdingSOU[CHS.S18ff8r8t8hiDgth8n8Xt step in executing the approved project. DISCUSSION Project Overview The Tukwila Community Center Riverside Campus and Canoe Launch re -develops the Duwamish River waterfront OOSite into G nature -focused community gathering SpGQe' bringing the river and O8Uwe VVGShiOgU3O flora within reach of community members and park USenS. |OOprOVDrO8OtS to the C@OlpUS are planned to ino|ude, but are not limited to, irnpn}vnrnentn to the n@rnpuG trail loop to o||ovv for/\OA access, @ brand-new boardwalk/walkway adjacent tOthe DUVV@0OiShRiver, improved picnic areas, 3 DOO-rOOLO[ized VV8t8[C[@ft |8UOCh site, an A0A-accessible river overlook tower, and @ |OQ j80 seating Tukwila City Hall "6200 Southcenter Boulevard" Tukwila, WA 98188°206-433-1800°Website: TukwilaWA.gov 13 Community Services & Safety Committee Page 2 wall facing the Duwamish River. Additionally, ecological restoration will be completed along the riverbank. These elements will provide new recreation and community gathering opportunities for all Tukwila Community Center visitors. The OSRC Grant will provide $1.0M in local grant funding, equivalent to approximately 28% of the total estimated project cost (design development, construction drawings, construction, and project management) of $3.62M at the time of the grant application's submission. Currently, department staff continue to work with the Berger Partnership and its subcontractors to complete project scoping, and estimation to confirm the total project cost before eventual construction. This work will cost approximately $90,000 and lead to completion of construction documents and provision of a final project budget estimate. These materials will be brought before council before the issuance of an RFP for construction contractors, currently planned for release in Fiscal Year 2027. The immediate next phases of work by the Berger Partnership include local, state and federal permit applications, 60% design, construction drawings, bid preparation and contract administration, project management. Preliminary project milestones include: Milestone Target Date 2025 .__ Project Start 8/1 /25 2026 Permit Application 1/15/26 60% Design 4/1 /26_... SEPA/NEPA Completion 1/15/27 2028 2029 427d Ave S Brid • e Demo Start Q2 27 All Bid Docs/Plans Finished 42"d Ave S Bridge Demo Finish 42nd Ave S Bridge Construction Start Construction Started 50%° Construction Completion 90% Construction Completion Construction Com • letion 42"d Ave S Bridge Completion 4/1/27 10/1/28 King County Agreement End Date 3/31/29 Note: The dates above are subject to change The 42"d Ave S Bridge The construction period for this project will intersect with that of the 42nd Ave S Bridge Replacement Project. Parks & Recreation Department staff are working with our project partners as well as coordinating with the Public Works Department to understand necessary sequencing for the bridge project in relation to the riverside campus project. Staff do not anticipate either project interfering with the other physically and/or any other way operationally at this time. Grant Agreement After initial discussion with the city's assigned grant manager, the County has approved an initial contract term of just under three and a half years, allowing adequate time for full project completion if estimated timelines remain accurate. The agreement includes a description of the intended use and purpose of a funded project and the long-term obligations, including provisions should there be a change in use of the area as a park and recreation site. It also contains Terms and Conditions which provides a comprehensive list of the contractual obligations. The remainder of the grant agreement Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 14 Community Services & Safety Committee Page 3 includes other documents, such as eligible scope activities, cultural resource guidelines, and legal descriptions. The grant agreement has been reviewed and approved to form by the City Attorney. FINANCIAL IMPACT There is no match requirement in place for the OSRC program. Multiple capital funding sources have been secured to support the estimated construction costs with no General Fund resources needing to be utilized. These funding sources are identified in the table below. Fund Source Amount Status Kin County Parks Levy Open Space - River Corridors Grant , WA State RCO Water Access Grant King County 206-2031 Parks Levy Earmark Dad ©0 $1,810,000 $1,000,000 $3,810,000 Seeking Approval Executed Secured RECOMMENDATION City staff recommend the Community Services and Safety Committee forward the proposed grant agreement to the December 15th Regular Meeting Consent Agenda for final approval. ATTACHMENTS A --- Proposed King County Capital Project Grant Agreement (Contract #6492331) B --- Proposed TCC Riverside Campus and Canoe Launch Concept Plan C --- Concept Design Renderings of TCC Riverside Campus Project Phone: 206-433-i800 • Email: Mayor Tukwil WA.gov • Website. TukwilaWA.gov 15 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 Lig King County CAPITAL PROJECT GRANT AGREEMENT King County Dept./Division: Natural Resources and Parks / Parks and Recreation Grant Recipient: City of Tukwila Parks and Recreation Project: TCC Riverside Campus Renewal & Canoe Launch Contract #: 6492331 Project#: 1144640 Task #: 1.46 Amount: $1,000,000.00 Effective Agreement End Date: Date: 03/31/2029 THIS AGREEMENT ("Agreement") (CPA# 6492331) is entered into between King County (the "County"), and City of Tukwila Parks and Recreation (the "Grant Recipient") (collectively the "Parties) for a capital and/or restoration project to protect and enhance open space in river corridors using an Open Space - River Corridors Program grant. RECITALS A. Ordinance 18890, which took effect May 13, 2019, called for a special election to authorize the King County parks, recreation trails and open space levy. On August 6, 2019, King County voters approved the levy, which included funding for habitat restoration, open space acquisition or recreational opportunities that are integrated with preventive and corrective measures to reduce the risk of flooding in order to address the pressures of rapid growth in King County. B. Motion 15378, Section A.5., and Attachment E, further delineated the use of levy funds for the Open Space — River Corridors Program and the guidelines governing that use. C. Ordinance 19166, Attachment D established the grant award criteria and the process for the distribution of Open Space — River Corridors Grants as well as the proposed composition of an advisory committee to review and make recommendations on the grant awards. 16 Page 1 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 D. King County, a home rule charter county and political subdivision of the State of Washington, is authorized to administer the Open Space — River Corridors Program and enter into agreements for the use of the grant funds with King County agencies, towns, cities, tribal organizations, port districts, flood control districts, diking and drainage districts, conservation districts, nonprofit organizations, or salmon recovery forums for habitat restoration, open space acquisition or recreational opportunities that are integrated with preventive and corrective measures to reduce the risk of flooding and to protect and enhance those critical lands adjacent to rivers. E. Grant Recipient is a City. F. The Open Space — River Corridors Program Advisory Committee ("Advisory Committee") has recommended an allocation of levy grant funds to specific projects, pursuant to the most recent parks grant ordinance. NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: DEFINITIONS Business Days Monday through Friday, 8:00 a.m. to 5:00 p.m., Pacific Time, excluding holidays observed by the State of Washington. Calendar Days Consecutive days of the year including weekends and holidays, each of which commence at 12:00:01 a.m. and end at Midnight, Pacific Time. When "days" are not specified, Calendar Days shall prevail. Contractor Includes any and all contractor(s) or consultant(s) hired by the Grant Recipient, including any of the contractor's or consultant's subcontractors or subconsultants. Effective Date The last date upon which the Agreement is signed. Grant Award Funds The amount awarded to the Grant Recipient by King County. Project The term "Project" means the design, development, and construction of the Facility described in Exhibit A — Map of Facility and Schematic. Public Records Include any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used or retained by any Page 2 of 41 King County Parks Capital Project Grant Agreement Last Updated: 08/24 17 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 state or local agency regardless of physical form or characteristics. RCW 42.56. RCW The Revised Code of Washington. Scope of Work (SOW) An Exhibit to the Agreement consisting of a written description of the work to be performed. Subcontractor The individual, association, partnership, firm, company, corporation, or joint venture entering into an agreement with the Grant Recipient to perform any portion of the Work covered by this Agreement. 2. MAP OF FACILITY AND SCHEMATIC This Agreement applies to the Project to improve the park and recreational facility ("Facility") which is located at: • Tukwila Community Center, 12424 42nd Ave S, Tukwila, WA 98168 • Parcel Numbers: 0179003239, 102304HYDR See Exhibit A for a schematic of the Facility and a map of the specific location and boundaries. 3. PROJECT SUMMARY The summary of this Project for the purpose of this Agreement is as follows: Tukwila Parks and Recreation will improve access and interaction opportunities with the Duwamish River for Tukwila and South King County residents by developing an improved riverside campus that includes a canoe launch site, riverside boardwalk, ADA- accessible river overlook tower, and ecological and accessibility improvements to the trail loop located at the Tukwila Community Center (TCC). 4. SCOPE OF WORK Grant Recipient shall provide a scope of work ("Scope of Work"), including a project summary, attached hereto as Exhibit B, which describes the Project in detail and includes a description of the various design, development, permitting, and construction 18 Page 3 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 milestones required for completion of the Project, facility use and programming, and the intended use of the Grant Award Funds to design, develop and construct the Facility. 5. PROJECT BUDGET Prior to execution of this Agreement, the Grant Recipient shall work with King County to develop a Project Budget ("Project Budget"). The final Project Budget agreed upon by the Parties is attached hereto as Exhibit C. King County shall provide the Grant Award Funds to the Grant Recipient to pay for costs and expenditures related to the Project, as set forth in Exhibits B and C. Grant Award Funds provided to the Grant Recipient may only be used to pay for costs and expenditures related to the Project, as set forth in Exhibits B and C. 6. GRANT AWARD FUNDS AND DISBURSEMENT 6.1 Grant Award Funds. Grant Recipient has received a Open Space — River Corridors Grant award in the amount of $1,000,000.00 ("Grant Award Funds") in order to construct, improve or repair the Project. Grant Recipient shall apply the funds received from the County for the Project under this Agreement in accordance with the Scope of Work, attached hereto as Exhibit B. Notwithstanding the Effective Date of this Agreement, the County shall reimburse the Grantee for eligible and authorized costs and expenses supported by adequate documentation, as determined by the County, for the work specific in Exhibit B, beginning on 10/06/2025, and concluding on 03/31/2029. 6.2 Pre -Contract Costs. Pre -contract costs are those incurred between 10/06/2025 and the Contract Start Date and are only reimbursable upon request and only after the execution of the contract by the Parties. These costs are allowable for reimbursement to the extent that they are eligible and authorized costs and expenses supported by adequate documentation, as determined by the County, for the work specified in Exhibit B. Direct construction costs are not allowed as pre -contract costs and are only eligible if they occur after the contract start date. 6.3 Separation of Accounts. All Grant Award Funds received pursuant to this Agreement and accrued interest therefrom will be accounted for separately from all other Grant Recipient accounts and moneys. 6.4 Partial Disbursement. The County may authorize, at County's sole discretion, release of a portion of the Grant Award Funds to the Grant Recipient, upon execution of this Agreement. Page 4 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 19 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 6.5 Invoicing. The County shall initiate authorization for payment and disbursement of Grant Award Funds in a timely manner after approval of sufficiently detailed Project -related invoices submitted by Grant Recipient. The County shall make payment to Grant Recipient not more than forty-five (45) calendar days after a complete and accurate invoice and any other required documentation is received from the Grant Recipient and approved by the County. 6.6 Final Invoice. Grant Recipient shall submit the final invoice, supporting documentation and any outstanding deliverables, as specified in the Scope of Work (Exhibit B) and Project Budget (Exhibit C), no later than thirty (30) days after the Contract End Date. If the Grant Recipient's final invoice, supporting documentation, and reports are not submitted by the day specified in this subsection, or if such final documents are not approved by the County, then the County shall have no obligation to pay Grant Recipient unless and until Grant Recipient submits, and the County approves, a properly completed invoice. Grant Recipient must submit a corrected invoice within 30 days after receiving notice of an improper or incomplete invoice. 6.7 Disposition of Remaining Grant Award Funds. If Grant Recipient does not expend all proceeds obligated to be provided through this Agreement, such proceeds, if held by Grant Recipient, shall be refunded to the County. For purposes of this section, "proceeds" shall include all Grant Award Funds obligated to be provided by the County plus interest accrued by Grant Recipient on the grant funds. Any proceeds in excess of those required to be provided by the County for the actual costs of the Project shall remain with the County for use in its sole discretion. 7. TERM The term ("Term") of this Agreement shall begin on the Effective Date and end on 03/31/2029 ("Agreement End Date"). This Agreement shall remain in effect until such time as it is amended in writing or terminated as provided herein. 8. AMENDMENTS This Agreement together with the attached exhibits expressly incorporated herein by reference and attached hereto shall constitute the whole Agreement between the Parties. This Agreement may be amended only by an instrument, in writing, duly executed by the Parties. A one-time, one-year extension to the Contract End Date may be granted without due execution if agreement by both parties is documented in writing, which shall then be incorporated and attached to this Agreement herein. 20 Page 5 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 9. NOTICES Unless otherwise specified in the Agreement, all notices or documentation required or provided pursuant to this Agreement shall be in electronic form and shall be deemed duly given when received at the addresses first set forth below via electronic mail. KING COUNTY City of Tukwila Parks and Recreation Parks Grant Manager David Rosen Community Investments Unit Fiscal Analyst King County Parks City of Tukwila Parks and Recreation 201 S Jackson Street Suite (6500) 12424 42nd Avenue S Seattle, WA 98104 Tukwila, WA, 98168 206-848-0699 206-767-2310 parksgrants Tkingcounty.gov david.rosen@tukwilawa.gov *NOTE: Personal contact information for your assigned grant manager is available in the grant management system Either Party hereto may, at any time, by giving ten (10) days written notice to the other Party to designate any other person or address in substitution of the foregoing information to which such notice or communication shall be given. 10. GRANT REPORTING Until the Project is completed, and all proceeds provided pursuant to this Agreement have been expended, the Grant Recipient shall provide reports to the King County Project Manager on a schedule determined by the County. 11. COMPLETION OF THE PROJECT Grant Recipient shall complete the Project described in Exhibits A, B and C of this Agreement. If Grant Recipient cannot complete the Project, as specified by the Scope of Work and deliverables within Exhibit B, the County shall be released from any obligation to fund the Project, and the County in its sole discretion may reallocate such funds for other projects in other jurisdictions in accordance with Ordinance 19166 and Motion 15378. Pursuant to Section 21, Termination, this Agreement will be terminated if the Grant Recipient is unable or unwilling to expend the Grant Award Funds for the Project as provided in this Agreement. The Grant Recipient may not redirect Grant Award Funds for a purpose other than completion of the Project as approved by the County. Page 6 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 21 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 12. COMMUNICATION AND KING COUNTY MILESTONE NOTIFICATION Grant Recipient shall recognize County as a "grant sponsor" for the Project in the following manner: 12.1 Events. Grant Recipient shall invite and recognize "King County Parks" at all events promoting the Project, and at the final Project dedication. 12.2 Community Relations. Grant Recipient shall recognize "King County Parks" as a "grant sponsor" in all social media, websites, brochures, banners, posters, press releases, and other promotional material related to the Project. 12.3 King County Parks Notification. Grant Recipient shall notify the King County Parks Project Manager thirty (30) days prior to any major milestone, such as a groundbreaking or opening dates. 12.4 King County Council Notification. If Grant Recipient is a city or town, notification to the King County Council thirty (30) days prior to any major milestone, such as a groundbreaking or opening dates is, required. 12.5 Signage. If Grant Recipient shall recognize "King County Parks" on any signage as a funder/contributor of project/facility. Grant Recipient is required to use appropriate King County logo on any signage and communications. 13. CONSTRUCTION OF THE FACILITY 13.1 Capital Improvements. The Grant Recipient shall design, develop, and construct mutually agreed upon Facility, features, and amenities in accordance with all applicable design(s), timelines, restrictions, environmental considerations, permitting determinations, neighborhood impact mitigations, and all other requirements in coordination with King County Parks staff. All contracted work by the Grant Recipient, its agents, representatives, or subcontractors, shall be bonded and properly insured to ensure the complete and safe design and construction of all facilities, features, and amenities. As between the Grant Recipient and King County, Grant Recipient will be solely responsible to comply with all applicable authorities and to obtain all necessary permits, approvals, and endorsements for the Project. 22 Page 7 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 13.2 Warranties. With respect to all warranties, express or implied, for work performed or materials supplied in connection with the Project, the Grant Recipient shall: a) Obtain all warranties, express or implied, that would be given in normal commercial practice from suppliers, manufacturers, contractors or installers; b) Require all warranties be executed, in writing; c) Be responsible to enforce any warranty of a contractor, subcontractor, manufacturer, or supplier. 13.2.1 If, within an applicable warranty period, any part of the Facility or work performed to construct the Facility is found not to conform to specifications, permit requirements, or industry standard, the Grant Recipient shall correct it promptly. 13.3 Right to Inspect — Construction. King County personnel or agents may inspect the construction project at any time provided that such persons observe due regard for workplace safety and security. King County may require the Grant Recipient or its contractors to stop work if King County deems work stoppage necessary to remedy construction defects or to address risks to health, safety, or welfare. The Grant Recipient specifically understands, acknowledges, and agrees that at a minimum, King County will inspect the Facility construction project before final completion of the Project. 13.4 Design. The Grant Recipient has retained a licensed architect and/or licensed professional engineer, registered in the State of Washington, who will prepare a Project design for the Facility and exterior landscaping, which visually blends with the setting. King County shall review the design plans for the Project in concept and reserves the right to approve the final design of the Project, consistent with established zoning, design code, or both. 13.5 Construction Site and Work Fencing. The Grant Recipient will be solely responsible for the site work, required permits, and grading for the Project. The Grant Recipient will ensure the work area is properly barricaded, and will ensure that signage is installed, directing unauthorized persons not to enter onto the construction site during any phase of development or construction. Unless otherwise agreed by the Parties in writing, fencing will be placed around work areas. In addition, construction areas will be kept clean and organized during development periods. The Grant Recipient will Page 8 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 23 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 be responsible for site security, traffic, and pedestrian warnings at the site during the development and construction phases. 13.6 Alteration of Site or Facility Post Construction. After the Facility is completed and accepted by the Grant Recipient and King County as defined herein, the Grant Recipient will not make any material alteration to the Facility without express, written consent by King County. 13.7 Development and Construction Fees and Expenses. The Grant Recipient will be responsible to obtain and pay for all necessary permits, fees, and expenses associated with the Project. 13.8 Public Works Laws. To the extent applicable, the Grant Recipient will comply with all public works laws, regulations, and ordinances, including but not limited to those related to prevailing wages (see RCW 39.12), retainage (see RCW 60.28), bonding (see RCW 39.08), use of licensed contractors (see RCW 39.06), and competitive bidding (see RCW 36.32 and RCW 35.21.278). The Grant Recipient will indemnify and defend King County should it be sued or made the subject of an administrative investigation or hearing for a violation of such laws, regulations, and ordinances in connection with the improvements. 13.9 Construction Contractor Indemnification and Hold Harmless. The Grant Recipient will require its construction contractors and subcontractors to defend, indemnify, and hold King County, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorney's fees and costs, arising out of or in connection with the design, development, and construction of the Facility, except for injuries and damages caused by the negligence of King County. 13.10 Minimum Scope and Limits of Insurance. The Grant Recipient shall maintain, and/or require its Contractor(s) to maintain the minimum scope and limits of insurance as required in Exhibit D — Insurance Requirements 14. RESTRICTIVE COVENANTS Upon the Effective Date of this Agreement and prior to distribution of grant funds for the construction of the Facility, Grant Recipient shall sign the Restrictive Covenant Agreement, attached hereto as Exhibit E. 15. PUBLIC ACCESS The Grant Award is provided to Grant Recipient for the Project to protect and enhance open space in river corridors through habitat restoration, open space acquisition or 24 Page 9 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 recreational opportunities that are integrated with preventive and corrective measures to reduce the risk of flooding to address the pressures of rapid growth in King County. Therefore, Grant Recipient and any successor in interest agree to maintain the Facility for public use as required by Ordinances 18890 and 19166, and Open Space — River Corridors Grant program requirements specified in Motion 15378. The Facility shall be open and accessible to the public at reasonable hours and times. Grant Recipient shall notify the public of the availability of use by posting and updating that information on its website and by maintaining at entrances and/or other locations openly visible signs with such information. Fees for use of the Facility shall be no greater than those generally charged by public operators of similar facilities in King County. Notwithstanding temporary closure for required maintenance or repairs, the minimum period of time Grant Recipient must ensure the Project is available for public use is thirty (30) years. If the Facility is retired or otherwise removed from use before the end of the thirty-year period, then the Grant Recipient shall reimburse the Grant Award Funds to King County. Grant Recipient's duties under this Section 15 will survive the expiration or earlier termination of this Agreement. 16. INTERNAL CONTROL AND ACCOUNTING SYSTEM The Grant Recipient shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards in accordance with Revised Code of Washington (RCW) Chapter 40.14. 17. MAINTENANCE OF RECORDS 17.1 The Grant Recipient shall maintain accounts and records, including personnel, property, financial, Project records, including Agreement deliverables, and other such records as may be deemed necessary by the County to ensure proper accounting for all Agreement funds and compliance with this Agreement. 17.2 These records shall be maintained for a period of six (6) years after the expiration or earlier termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with (RCW) Chapter 40.14. Page 10 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 25 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 17.3 Grant Recipient shall inform the County in writing of the location, if different from the Grant Recipient address listed on page one of this Agreement, of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any changes in location within ten (10) calendar days of any such relocation. 18. RIGHT TO INSPECT The County reserves the right to review and approve the performance of the Grant Recipient with regard to this Agreement, and, at its sole discretion, to inspect or audit the Grant Recipient's records regarding this Agreement and the Project upon seventy- two (72) hours' notice during normal business hours. 19. COMPLIANCE WITH ALL LAWS AND REGULATIONS The Grant Recipient, in cooperation and agreement with the owners of the Premises, shall comply with all applicable laws, ordinances and regulations in using funds provided by the County, including, without limitation, those relating to providing a safe working environment to employees and, specifically, the requirements of the Washington Industrial Safety and Health Act (WISHA), Chapter 49.17 RCW; and, to the extent applicable, those related to "public works," payment of prevailing wages, and competitive bidding of contracts. The Grant Recipient specifically agrees to comply and pay all costs associated with achieving such compliance without notice from King County; and further agrees that King County, does not waive this Section by giving notice of demand for compliance in any instance. The Grant Recipient shall indemnify and defend the County should it be sued or made the subject of an administrative investigation or hearing for a violation of such laws related to this Agreement. 20. CORRECTIVE ACTION If the County determines that a breach of contract has occurred or does not approve of the Grant Recipient's performance, it will give the Grant Recipient written notification of unacceptable performance. The Grant Recipient will then take corrective action within a reasonable period of time, as may be defined by King County in its sole discretion in its written notification to the Grant Recipient. The County may withhold any payment owed the Grant Recipient until the County is satisfied that corrective action has been taken or completed. 21. TERMINATION 21.1 Termination for Convenience. The County may terminate this Agreement in whole or in part, with or without cause, at any time during the Term of this 26 Page 11 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 Agreement, by providing the Grant Recipient ten (10) days advance written notice of the termination. 21.2 Termination for Misuse of Funding. If the termination results from acts or omissions of the Grant Recipient, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Grant Recipient shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Grant Recipient by the County. 21.3 Termination for Insufficient Funding. Any King County obligations under this Agreement beyond the current appropriation year are conditioned upon the County Council's appropriation of sufficient funds to support such obligations. If the Council does not approve such appropriation, then this Agreement will terminate automatically at the close of the current appropriation year. 21.4 Termination for Non -Performance. The Agreement will be terminated if the Grant Recipient is unable or unwilling to expend the Grant Award Funds as specified in Exhibits B and C, or upon reimbursement by the Grant Recipient to the County of all unexpended proceeds provided by the County pursuant to this Agreement and payment of all amounts due pursuant to Section 6 — Grant Award Funds and Disbursement. 22. FUTURE SUPPORT; UTILITIES AND SERVICE The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted for herein except as expressly set forth in this Agreement. The Grant Recipient understands, acknowledges, and agrees that the County shall not be liable to pay for or to provide any utilities or services in connection with the Project contemplated herein. 23. HOLD HARMLESS AND INDEMNIFICATION The Grant Recipient shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) Grant Recipient's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) work, services, materials, or supplies performed or provided by the Grant Recipient's employees or other suppliers in connection with or support of the performance of this Agreement. The Grant Recipient further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the Page 12 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 27 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Agreement by the Grant Recipient, its officers, employees, agents, representatives, or subcontractors. This duty to repay the County shall not be diminished or extinguished by the expiration or prior termination of the Agreement. The Grant Recipient agrees for itself, its successors, and assigns, to defend, indemnify, and hold harmless King County, its appointed and elected officials, and employees from and against liability for all claims, demands, suits, and judgments, including costs of defense thereof, for injury to persons, death, or property damage which is caused by, arises out of, or is incidental to any use of or occurrence on the Project that is the subject of this Agreement, or the Grant Recipient's exercise of rights and privileges granted by this Agreement, except to the extent of the County's sole negligence. The Grant Recipient's obligations under this Section shall include: 23.1 The duty to promptly accept tender of defense and provide defense to the County at the Grant Recipient's own expense; 23.2 Indemnification of claims made by the Grant Recipient's employees or agents; and 23.3 Waiver of the Grant Recipient's immunity under the industrial insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify King County, which waiver has been mutually negotiated by the parties. In the event it is necessary for the County to incur attorney's fees, legal expenses or other costs to enforce the provisions of this Section, all such fees, expenses and costs shall be recoverable from the Grant Recipient. In the event it is determined that RC W 4.24.115 applies to this Agreement, the Grant Recipient agrees to protect, defend, indemnify and save the County, its officers, officials, employees and agents from any and all claims, demands, suits, penalties, losses damages judgments, or costs of any kind whatsoever for bodily injury to persons or damage to property (hereinafter "claims"), arising out of or in any way resulting from the Grant Recipient's officers, employees, agents and/or subcontractors of all tiers, acts or omissions, performance of failure to perform the rights and privileges granted under this Agreement, to the maximum extent permitted by law or as defined by RCW 4.24.115, as now enacted or hereafter amended. A hold harmless provision to protect King County similar to this provision shall be included in all Agreements or subcontractor Agreements entered into by the Grant Recipient in conjunction with this Agreement. 28 Page 13 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 The Grant Recipient's duties under this Section 23 will survive the expiration or earlier termination of this Agreement. 24. CONTRACTOR INDEMNIFICATION AND HOLD HARMLESS Grant Recipient will require its Contractors and any Subcontractors to defend, indemnify, and hold King County, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorney's fees and costs, arising out of or in connection with except for injuries and damages caused by the negligence of King County. 25. NONDISCRIMINATION King County Code ("KCC") chapters 12.16 through 12.19 apply to this Agreement and are incorporated by this reference as if fully set forth herein. In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except minimum age and retirement provisions, unless based upon a bona fide occupational qualification. 26. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. 27. PROJECT MAINTENANCE; EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP 27.1 The Grant Recipient shall be responsible to operate and maintain the completed Project at its own sole expense and risk. The Grant Recipient shall maintain the completed Project in good working condition consistent with applicable standards and guidelines. The Grant Recipient understands, acknowledges, and agrees that the County is not responsible to operate or to maintain the Project in any way. 27.2 The Grant Recipient shall be responsible for all property purchased pursuant to this Agreement, including the proper care and maintenance of any equipment. Page 14 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 29 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 27.3 The Grant Recipient shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment and materials purchased with Agreement funds. The Grant Recipient's duties under this Section 27 shall survive the expiration of this Agreement. 28. CULTURAL RESOURCE PRESERVATION REQUIREMENTS Grant Recipient agrees to coordinate cultural resource review of the Project with the King County Historic Preservation Program ("HPP") in order to determine potential effects to cultural resources and any necessary mitigation. Grant Recipient further agrees to perform the steps outlined by the HPP for any necessary cultural resource preservation as specified in Exhibit F. 29. ASSIGNMENT Grant Recipient shall not assign any portion of rights and obligations under this Agreement or transfer or assign any claim arising pursuant to this Agreement without the written consent of the County. Grant Recipient must seek such consent in writing not less than fifteen (15) days prior to the date of any proposed assignment. 30. WAIVER OF BREACH OR DEFAULT Waiver of breach of any provision in this Agreement shall not be deemed to be a waiver of any subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. Waiver of any default shall not be deemed to be a waiver of any subsequent defaults. 31. TAXES The Grant Recipient agrees to pay on a current basis all taxes or assessments levied on its activities and property, including, without limitation, any leasehold excise tax due under RC W Chapter 82.29A; PROVIDED, however, that nothing contained herein will modify the right of the Grant Recipient to contest any such tax, and the Grant Recipient shall not be deemed to be in default as long as it will, in good faith, be contesting the validity or amount of any such taxes. 32. DEBARMENT, SUSPENSION OR INELIGIBILITY 30 King County Parks Capital Project Grant Agreement Page 15 of 41 Last Updated: 08/24 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 By accepting the terms of this Agreement, Grant Recipient certifies that the Grant Recipient nor its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any Federal or State department or agency. If the Grant Recipient or its principals become debarred, suspended or ineligible from participating in transactions, Grant Recipient shall notify the County within fifteen (15) calendar days of an event. The Grant Recipient agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the "General Service Administration List of Parties Excluded from Federal Procurement or Non -procurement Programs" which can be found at www.sam.gov or Department of Enterprise Services Debarment List which can be found at https://des.wa.gov/services/contracting-purchasing/doing-business- state/vendor-debarment. 33. WASHINGTON LAW CONTROLLING, WHERE ACTIONS BROUGHT This Agreement shall be interpreted in accordance with the laws of the State of Washington. Any claim or suit between the Parties arising out of this Agreement may only be filed and prosecuted in King County Superior Court. 34. PUBLIC RECORDS REQUESTS This Agreement shall be considered a public document and will be available for inspection and copying by the public in accordance with Chapter 42.56 RC W: PUBLIC RECORDS ACT (wa.qov) (the "Act"), or its successor act. 35. INDEPENDENT STATUS OF THE GRANT RECIPIENT In the performance of this Agreement, the Parties will be acting in their individual, corporate or governmental capacities and not as employees, partners, joint ventures or associates of one another. Nothing contained herein will make, or be deemed to make, the County and the Grant Recipient a partner of one another, and this Agreement will not be construed as creating a partnership or joint venture. Nothing in this Agreement will create, or be deemed to create, any right, duty or obligation in any person or entity not a party to it. 36. INTERPRETATION OF COUNTY RULES AND REGULATIONS If there is any question regarding the interpretation of any County rule or regulation, the County decision will govern and will be binding upon the Grant Recipient. 37. ORDER OF PRECEDENCE Page 16 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 31 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 In the event of any inconsistency in the terms of this Agreement, or between its terms and any applicable statute, rule, or King County Code, the inconsistency shall be resolved by giving precedence in the following order to: 1. Any Amendments to this Agreement; 2. This Agreement, including its Terms and Conditions and the following Exhibits; a. Exhibit A — Map of Facility and Schematic b. Exhibit B — Scope of Work c. Exhibit C — Project Budget d. Exhibit D — Insurance Requirements e. Exhibit E — Draft Restrictive Covenant Agreement f. Exhibit F — Cultural Resource Preservation Requirements 3. If applicable, the Request for Application (as modified by any amendments); and 4. If applicable, Grant Recipients Grant Application. Provided, however, when an agreement term or condition appears in more than one document, the more specific agreement term or condition shall control if the different contract provisions cannot be harmonized. 38. ENTIRE AGREEMENT This Agreement, including any referenced exhibits and attachments, constitutes the entire Agreement between the County and the Grant Recipient and supersedes any and all prior agreements and understanding between them, whether written, oral or otherwise. No other statements or representations, written or oral, shall be deemed a part thereof. 39. COUNTERPARTS; ELECTRONIC SIGNATURES This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The Parties acknowledge and agree that this document may be executed by electronic signature, which shall be considered as an original signature for all purposes shall have the same force and effect as an original signature. IN WITNESS WHEREOF, each individual signing this Agreement warrants that they have the authority to enter into this Agreement on behalf of the Party for which that individual signs. The Parties hereto have executed this Agreement on the dates set forth below. KING COUNTY City of Tukwila Parks and Recreation 32 Page 17 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 Signature Signature NAME (Please type or print), Title NAME (Please type or print), Title Date Date Page 18 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 33 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 EXHIBIT A — MAP OF FACILITY AND/OR SCHEMATIC Please see the following page. 34 Page 19 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement — index contours - 100 foot City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 Tukwila Community Center Site Map E= City Limits contours - 5 toot (below 1000 feet) and 10 Street 1=1 foot Override 1 Addresses (Tukwila) — Parcels 1:4,514 0 0 03 0 05 I 0 0 04 0 08 o 1 mi 0.16 km Page 20 of 41 King County Parks Capital Project Grant Agreement Last Updated: 08/24 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 EXHIBIT B — SCOPE OF WORK Project Summary Scope of Work Summary: Tukwila Parks and Recreation will improve access and interaction opportunities with the Duwamish River for Tukwila and South King County residents by developing an improved riverside campus that includes a canoe launch site, riverside boardwalk, ADA-accessible river overlook tower, and ecological and accessibility improvements to the trail loop located at the Tukwila Community Center (TCC). Project Location: • Tukwila Community Center, 12424 42nd Ave S, Tukwila, WA 98168 • Parcel Numbers: 0179003239, 102304HYDR Total Amount of this Award: $1,000,000.00 Total Project Cost: $3,620,000.00 36 Page 21 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recmation—TCC Riverside Campus Renewal &Canoe Launch — 6492331 Activity Timeline & Deliverables Phase/Task Deliverables Activity Description Date/Timeline Project Management & Administration Project Management 0^Administration Progress Reports Progress Reports submitted via Grant Portal Quarterly Project Management Plan Submit Project Management Plan November2025 Preliminary Design Preliminary Design Plans Submit 60Y6Design April 2O26 Pre -Construction Requirements Cultural Resource Preservation Requirement Complete Cultural Resource Preservation Requirements in alignment with requirements outlined in the Grant Agreement Due prior hoany ground disturbing orconstruction activities ' projected for November 2025'March 2026 Property Use Requirement Complete a public aooeoa property use agreement (e.g.. Restrictive Covenant) inalignment with requirements outlined in the Grant Agreement Due prior to distribution of grant funds for construction Construction Evidence of Insurance Submit Builder's Risk and any remaining evidence of insurance in alignment with requirements outlined in the Grant Agreement Duo prior to construction and/urgeoteohnioa| activities Implementation Share updates via Progress Reports Apply for Permits January2020 Share updates via Progress Reports GEPA/NEPACnmp|oUun January2027 Final Design Phase Final Design Plans Bid documents and plans finalized /\ph|2027 Implementation Share updates via Progress Reports BidAwanded/Contraotor Hired June2027 Page 2%of 41 King County Parks Capital Project Grant Agreement Last Updated: 08124 37 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 Share updates via Progress Reports Notice to Proceed Issued August 2027 Share updates via Progress Reports Groundbreaking. Share 50% and 90% completion milestones via progress report. Notify Grant Manager of any associated events. October 2027 Closeout Share updates via Progress Reports Construction Complete. Notify Grant Manager of any associated events. October 2028 Final Report Complete Final Report upon project completion Due on contract end date The Grantee shall not make any significant changes to an approved project without prior written consent of the County. Significant changes include, but are not limited to, a change to the timeline that falls outside the contract period or a shift of more than twenty percent of funds within the approved grant budget over the term of this Exhibit. If changes are necessary and approved by the County, such changes will be formalized in a written amendment signed by all parties. 38 Page 23 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 EXHIBIT C — PROJECT BUDGET Planning Costs $95,000.00 Construction Costs $905,000.00 Personnel Costs $0.00 Indirect Costs $0.00 Total $1,000,000.00 Grant Budget Changes With written approval from the County, the Grantee may reallocate grant funds across budget line items within twenty percent of the total grant budget without requiring an official contract amendment. Indirect costs shall not exceed twenty percent of direct costs. Budget Line Items Descriptions Planning Costs include but are not limited to architecture, engineering, cultural resources, and permitting. Construction Costs include but are not limited to shoreline restoration activities, trail and picnic area improvements, overlook tower, seating feature, and boardwalk installation. Personnel Costs include but are not limited to staff pay and benefits. Indirect Costs include expenses of doing business that are not readily identified with a particular grant, contract, project, function, or activity, but are necessary for the general operation of the organization or performance of the organization's activities. Page 24 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 39 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 EXHIBIT D — INSURANCE REQUIREMENTS 1. Insurance Requirements 1.1. Grant Recipient shall purchase and maintain for the entire term of this Agreement or as otherwise stated in this Exhibit, at its sole cost and expense, the minimum insurance set forth below. By requiring such minimum insurance, the County does not and shall not be deemed or construed to have assessed the risks that may be applicable to Grant Recipient, or any Contractor under this Agreement, or in any way limit the County's potential recovery to insurance limits required hereunder. To the contrary, this Agreement's insurance requirements may not in any way be construed as limiting any potential liability to the County or the County's potential recovery from Grant Recipient. Grant Recipient and any Contractor shall assess their own risks and if they deem appropriate and/or prudent, maintain greater limits and/or broader coverage. 1.2. Each insurance policy shall be written on an "occurrence" basis, except insurance for Pollution Liability, which may be written on a "claims made" basis. If coverage is approved and purchased on a "claims made" basis, the coverage provided under that insurance shall be maintained through: (i) consecutive policy renewals for not less than three (3) years from the date of completion of the Project which is subject of this Agreement or, if such renewals are unavailable, (ii) the purchase of a tail/extended reporting period for not less than three (3) years from the date of completion of the Project which is the subject of this Agreement. 2. Evidence and Cancellation of Insurance 2.1. Within thirty (30) days of contract execution and upon request by the County, Grant Recipient shall furnish the County certificates of insurance and endorsements certifying the issuance of all insurance required by this Agreement which is to be maintained for the entire term of the Agreement or as otherwise stated in this Exhibit. All evidence of insurance shall be signed by a properly authorized officer, agent, general agent, or qualified representative to the insurer(s), shall certify the name of the insured(s), the type and amount of insurance, the location and operations to which the insurance applies, the inception and expiration dates, shall specify the form numbers of any endorsements issued to satisfy this Agreement's insurance requirements, and shall state that the County shall receive notice at least thirty (30) days prior to the effective date of any cancellation, lapse, or material change in the policy(s). Certificate Holder: King County Parks, 201 S. Jackson Street, Suite 5702, Seattle, WA 98104. Electronic evidence of insurance documents may be emailed to: ParksGrants@kingcounty.gov. 40 Page 25 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 2.2. The County reserves the right to require complete, certified copies of all required insurance policies, including all endorsements and riders, which may be redacted of any confidential or proprietary information. Grant Recipient shall deliver such policies to the County within five (5) business days of County's request. 3. Minimum Scope and Limits of Insurance 3.1. Grant Recipient shall maintain the following types of insurance and minimum insurance limits: 3.1.1. Commercial General Liability: $1,000,000 per occurrence and $2,000,000 in the aggregate for bodily injury, personal and advertising injury, and property damage. Coverage shall be at least as broad as that afforded under ISO form number CG 00 01. Such insurance shall include coverage for, but not limited to, premises liability, ongoing operations, products and completed operations, and contractual liability. Limits may be satisfied by a single primary policy or by a combination of separate primary and umbrella or excess liability policies, provided that coverage under the latter shall be at least as broad as that afforded under the primary policy and satisfy all other requirements applicable to liability insurance including, but not limited to, additional insured status for the County. 3.1.2. Automobile Liability: Grant Recipient and/or its Contractor(s) will maintain Automobile Liability insurance with a minimum $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage shall be at least as broad as that afforded under ISO form number CA 00 01 covering BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the combination of symbols 2, 8, and 9. Limit may be satisfied by a single primary policy or by a combination of separate primary and umbrella or excess liability policies, provided that coverage under the latter shall be at least as broad as that afforded under the primary policy. 3.1.3. Workers Compensation: If Grant Recipient or its Contractor(s) have employees, then Workers Compensation coverage shall be maintained as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this Project by applicable Federal or "Other States" State Law. 3.1.4. Employers Liability or "Stop Gap" coverage: If Grant Recipient or its Contractor(s) have employees, then Employers Liability or "Stop Gap" coverage shall be maintained with a minimum limit of $1,000,000 each occurrence and shall be at least as broad as the protection provided by the Workers Compensation policy Part 2 (Employers Liability), or, in monopolistic states including but not limited to Washington, the protection Page 26 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 41 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 provided by the "Stop Gap" endorsement to the commercial general liability policy. 3.1.5. Builder's Risk / Installation Floater Insurance. If construction activities will be funded by the Grant, Grant Recipient or its Contractor(s) shall procure and maintain, prior to and for the duration of the construction phase of the Project, "All Risk" Builder's Risk insurance or Installation Floater insurance at least as broad as ISO form number CP0020 (Builder's Risk Coverage Form) with ISO form number CP0020 (Causes of Loss — Special Form). The coverage shall insure for direct physical loss to property of the Project for 100% of the replacement value. The policy shall be endorsed to cover the interests, as they may appear, of King County, Grant Recipient, and Contractor(s) of all tiers. In the event of a loss to any or all of the work and/or materials therein and/or to be provided at any time, Grant Recipient or its Contractor(s) shall promptly reconstruct, repair, replace, or restore all work and/or materials so destroyed. Policy shall include a waiver of subrogation in favor of King County. 3.1.6. Pollution Liability: If geotechnical work will take place, Grant Recipient or its Contractor(s) shall provide Pollution Liability coverage with minimum limits of $1,000,000 per occurrence and in the aggregate to cover sudden and non -sudden bodily injury and/or property damage to include the destruction of tangible property, loss of use, clean-up costs, and the loss of use of tangible property that has not been physically injured or destroyed. 3.1.7. Fidelity and Crime Insurance. If a Fiscal Sponsor is a party to this Agreement, Fiscal Sponsor(s) shall procure and maintain Fidelity and Crime insurance with a minimum limit equal to the grant amount. Coverage shall include 'Join Loss Payable' ISO form CR 20 15 10/10 or substantive equivalent and `Provide Required Notice of Cancellation to Another Entity' ISO form CR 20 17 10/10. 4. Other Insurance Provisions and Requirements 4.1.AII insurance policies purchased and maintained by Grant Recipient and any Contractor required in this Agreement shall contain, or be endorsed to contain the following provisions: 4.1.1. With respect to all liability policies except Professional Liability (Errors and Omissions) and Workers Compensation: 4.1.1.1. King County, its officials, employees, and agents shall be covered as additional insured for full coverage and policy limits as respects liability arising out of activities performed by or on behalf of the Grant Recipient, its agents, representatives, employees, or Contractor(s) in connection with this Agreement. Additional Insured status shall include products -completed operations CG 20 100 11/85 or its substantive 42 Page 27 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 equivalent. The County requires the endorsement(s) to complete the Agreement. 4.1.2. With respect to all liability policies (except Workers Compensation): 4.1.2.1. Coverage shall be primary insurance as respects the County, its officials, employees, and agents. Any insurance and/or self-insurance maintained by the County, its officials, employees, or agents shall not contribute with any of Grant Recipient's or Contractor(s)'s insurance or benefit the Grant Recipient, or any Contractor, or their respective insurers in any way. 4.1.2.2. Insurance shall expressly state that it applies separately to each insured and additional insured against whom a claim is made and/or lawsuit is brought, except with respect to the limits of insurer's liability. 5. Waiver of Subrogation 5.1. Grant Recipient, its Contractor(s), and their respective insurance carriers release and waive all rights of subrogation against King County, its officials, agents, and employees for damages caused by fire or other perils which can be insured by a property insurance policy. This provision shall be valid and enforceable only to the extent permissible by the applicable property insurance policies. 6. Deductibles/Self-Insured Retentions 6.1.Any deductible and/or self -insured retention of the policies shall in all instances be the sole responsibility of Grant Recipient or its Contractor, even if no claim has been made or asserted against them. 7. Acceptability of Insurers 7.1. Unless otherwise approved by the County, insurance is to be placed with insurers with an A.M. Best rating of no less than A:VII1. 8. Self -Insurance 8.1. If the Grant Recipient is a governmental entity or municipal corporation, Grant Recipient may maintain a fully funded self-insurance program or participate in an insurance pool for the protection and handling of its liabilities including injuries to persons and damage to property. Further, if Grant Recipient maintains a self- insurance program or participates in an insurance pool, the additional insured requirement shall not apply to the coverage provided by the self -insured program or insurance pool. 9. Contractors 9.1. Grant Recipient shall include all Contractors as insureds under its policies or, alternatively, Grant Recipient must require each of its Contractors to procure and maintain appropriate and reasonable insurance coverage and insurance limits to cover each of the Contractor's liabilities given the scope of work and services being provided herein. Contractor(s) must include the County, its officials, Page 28 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 43 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 agents and employees as additional insured for full coverage and policy limits on its Commercial General Liability insurance and, if applicable, its Automobile Liability insurance. Upon request by the County, and within five (5) business days, Grant Recipient must provide evidence of each Contractor(s) insurance coverage, including endorsements. 44 Page 29 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 EXHIBIT E — DRAFT RESTRICTIVE COVENANT AGREEMENT When recorded return to: King County Department of Natural Resources and Parks Parks and Recreation Division 201 S Jackson Street, KSC-NR 6500 Seattle, WA 98104-3855 Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (Rcw 65.04) Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) 1. Restrictive Covenant 2. 3. 4. Reference Number(s) of Documents assigned or released: Additional reference #'s on page of document Grantor(S) Exactly as name(s) appear on document 1. City of Tukwila Parks and Recreation , 2. , Additional names on page of document. Grantees) Exactly as name(s) appear on document 1. King County Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Please reference answer provided above for full and abbreviated legal descriptions of both parcels. Thank you! Additional legal is on page EXHIBIT - LEGAL DESCRIPTION of document. Assessor's Property Tax Parcel/Account Number ❑ Assessor Tax # not yet assigned 1. 0179003239 2. 102304HYDR The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. "I am signing below and paying an additional $50 recording fee (as provided in RCW 36.18.010 and referred to as an emergency nonstandard document), because this document does not meet margin and formatting requirements. Furthermore, I hereby understand that the recording process may cover up or otherwise obscure some part of the text of the original document as a result of this request." Signature of Requesting Party Note to submitter: Do not sign above nor pay additional $50 fee if the document meets margin/formatting requirements Page 30 of 41 King County Parks Capital Project Grant Agreement Last Updated: 08/24 45 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 46 Page 31 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 RESTRICTIVE COVENANT AGREEMENT This Parks One Time Capital Project Restrictive Covenant Agreement (the "Covenant Agreement") is effective , and is made and executed by City of Tukwila Parks and Recreation ("Grant Recipient"), and by and in favor of King County (the "County"), a political subdivision of the State of Washington (the "County"). In this Covenant Agreement, Grant Recipient and the County may also be referred to collectively as the "Parties" and individually as "Party." RECITALS A. Grant Recipient is the owner of real property located in King County, State of Washington, legally described in Exhibit A, attached hereto and made part hereof (the "Property"). B. Pursuant to a Parks One Time Grant Agreement, between the County and Grant Recipient, dated , in the amount of $1,000,000.00 (the "Grant Agreement"), Grant Recipient has constructed a facility (the "Facility") on the Property in order to construct, improve or repair the Project. A map of the Property and Facility is attached to and made part of this Covenant Agreement as Exhibit E-1. C. The purpose of this instrument is to ensure that the Property and Facility will be used for the purposes set forth in the Grant Agreement and will be open and available for public use for a minimum of thirty (30) years. COVENANT AGREEMENT NOW, THEREFORE, in consideration of the mutual promises herein, the Grant Recipient and the County agree, covenant and declare that the Facility and Property are subject to the following restrictive covenants, which covenants shall run with the land and burden the Property and Facility for the sole benefit of the County, its successors and assigns, and the County land that makes up its public park, recreation, and open space system. All the terms and provisions hereof shall be construed to effectuate the purposes set forth in this Covenant Agreement and to sustain the validity hereof. 1. Covenants Run with the Land. Grant Recipient and the County agree and declare that the covenants and conditions contained herein touch and concern the land and shall bind and the benefits shall inure to, respectively, Grant Recipient and its successors and assigns and all subsequent owners of the Property and Facility, and to the County and its successors and assigns and all Page 32 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 47 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 subsequent owners of the County's benefited property interests, subject to modification thereof as specifically provided below. Each and every contract, deed, or other instrument hereafter executed conveying any portion or interest in the Property and/or the Facility, shall contain an express provision making such conveyance subject to the covenants and conditions of this Covenant Agreement, provided however, that any such contract, deed, or other instrument shall conclusively be held to have been executed, delivered and accepted subject to such covenants and conditions, regardless of whether or not such covenants and conditions are set forth or incorporated by reference in such contract, deed, or other instrument. 2. Grant Recipient Covenants Public Use of Property and Facility for Thirty Years. Grant Recipient covenants and declares on behalf of itself and all heirs, assigns, and successors in interests into whose ownership the Property and/or Facility might pass that the Property and Facility will be preserved and maintained in accordance with the restrictions and obligations described in this Covenant Agreement for at least thirty (30) years. It is the intent of the Grant Recipient that such covenants shall supersede any prior interests Grant Recipient has in the Property and Facility and shall run with the land for the benefit of the County and the County land that makes up its public park, recreation, and open space system, and be binding on any and all persons who acquire any portion of, or interest in, the Property or Facility. Grant Recipient and the County agree that King County shall have standing to enforce these covenants. 3. Acknowledgement of Grant Funds Used for Construction (or Specify). Grant Recipient acknowledges that the Facility was constructed on the Property for the purpose of protecting and enhancing open space in river corridors through habitat restoration, open space acquisition or recreational opportunities that are integrated with preventive and corrective measures to reduce the risk of flooding to address the pressures of rapid growth in King County with funding from the King County Parks Levy authorized by Ordinances 18890 and 19166, and Grant Recipient agrees and covenants that the Facility will be used for the parks, recreation, and open space purposes contemplated by Ordinances 18890 and 19166, the Parks Open Space — River Corridors Grant Program requirements specified in Motion 15378, and that the Property and Facility shall not be converted to a different status or use for a period of thirty (30) years unless a full reimbursement of the Open Space — River Corridors Grant award amount is made to King County. 4. Grant Recipient Covenants Use of Property and Facility for Public Use. Grant Recipient covenants and agrees that the neither the Property nor the Facility shall be transferred or conveyed except by a contract, deed, or other instrument expressly making such transfer or conveyance subject to the covenants and conditions of this Covenant Agreement. 5. Grant Recipient Covenants Non -Discriminatory Use of Property and Facility. Grant 48 Page 33 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 Recipient covenants that it and any successor in interest will maintain the Property and Facility for public use as required by the Grant Agreement, Ordinances 18890 and 19166, and the program requirements specified in Motion 15378. The Property and Facility shall be open and accessible to the public at reasonable hours and times. Grant Recipient shall notify the public of the availability of use by posting and updating that information on its website and by maintaining at entrances and/or other locations openly visible signs with such information. Fees for use of the Facility shall be no greater than those generally charged by public operators of similar facilities in King County. Grant Recipient covenants that it will not limit or restrict access to and use of the Property and Facility by non -Grant Recipient residents in any way that does not also apply to Grant Recipient residents. Grant Recipient further covenants that any and all user fees charged for the Property and Facility, including charges imposed by any lessees, concessionaires, service providers, and/or other assignees shall be at the same rate for non -Grant Recipient residents as for the residents of Grant Recipient. 6. Parties Bound. This Covenant Agreement shall benefit and be enforceable only by County and Grant Recipient and their successors or assigns and shall not be enforceable by any third parties. 7. Remedies. The County, its successors, designees or assigns shall have the following remedies against Grant Recipient, its successors, designees or assigns for violation of this Covenant Agreement: 7.1 Default. If Grant Recipient fails to observe or perform any of the terms, conditions, obligations, restrictions, covenants, representations or warranties of this Covenant Agreement, and if such noncompliance is not corrected as provided herein, then such noncompliance shall be considered an event of default. 7.2 Notice of Default. Before the County pursues a remedy against Grant Recipient for breach of this Covenant Agreement, the County shall provide written notice specifying the default to Grant Recipient. Grant Recipient shall thereafter have a thirty (30) day period to cure such default (or if such default is not capable of cure within thirty (30) days, such additional period as is reasonably necessary for Grant Recipient to complete such cure, provided that Grant Recipient commences cure within such thirty (30) day period and thereafter diligently pursues it to completion). 7.3 County's Remedies Not Exclusive. The County shall be entitled to all remedies in law or in equity against Grant Recipient in the event of a default. 7.4 No Waiver. No delay in enforcing the provisions hereof as to any breach Page 34 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 49 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 or violation shall impair, damage, or waive the right of the County to enforce the same or obtain relief against or recover for the continuation or repetition of such breach or violation or any other breach or violation thereof at any later time or times. 8. Miscellaneous Provisions. 8.1 Agreement to Record. Grant Recipient shall cause this Covenant Agreement to be recorded in the real property records of King County, Washington. Grant Recipient shall pay all fees and charges incurred in connection with such recording and shall provide the County with a copy of the recorded document. 8.2 Time of the Essence. Time is of the essence of this Covenant Agreement and of every provision thereof. 8.3 Notices. Notices, certificates, reports, or other communications shall be deemed delivered on the third day following the date on which the same have been mailed by certified or registered mail, postage pre -paid, return receipt requested, or on the date on which the same have been personally delivered with proof of receipt, at the addresses specified below, or at such other addresses as may be specified in writing by the parties listed below: If to King County: King County Department of Natural Resources & Parks Parks and Recreation Division 201 South Jackson Street Seattle, WA 98104-3855 Attn: Director If to City of Tukwila Parks and Recreation: 12424 42nd Avenue S Tukwila, WA 98168 Attn: 8.1 Severability. If any provision of this Covenant Agreement shall be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. 8.2 Amendments. This Covenant Agreement shall be amended only by a written instrument executed by the Parties hereto or their respective 50 Page 35 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 successors in title, and duly recorded in the real property records of King County, Washington. 8.3 Governing Law. This Covenant Agreement shall be governed by the laws of the State of Washington and venue shall be in King County Superior Court. 8.4 Reliance. The County and Grant Recipient hereby recognize and agree that the representations and covenants set forth herein may be relied upon by each other. 8.5 No Conflict with Other Documents. Grant Recipient and the County warrant that they have not executed and will not execute any other agreement with provisions contradictory to, or in opposition to, the provisions hereof, and that in any event the requirements of this Covenant Agreement are paramount and controlling as to the rights and obligations herein set forth and supersede any other requirements in conflict herewith. 8.6 Sale or Transfer of the Facility. Grant Recipient agrees to notify the County within 30 days of any transfer of Grant Recipient's ownership interest in the Property and/or the Facility. 8.7 Captions. The titles and headings of the sections of this Covenant Agreement have been inserted for convenience of reference only and are not to be considered a part hereof. They shall not in any way modify or restrict any of the terms or provisions hereof or be considered or given any effect in construing this document or any provision thereof or in ascertaining intent, if any question of intent shall arise. 8.8 No Third -Party Beneficiaries. This agreement is made and entered into for the sole protection and benefit of the Parties hereto and their successors and assigns. No other person shall have any right of action based on any provision of this Covenant Agreement. IN WITNESS WHEREOF, each individual signing this Agreement warrants that they have the authority to enter into this Agreement on behalf of the Party for which that individual signs. The Parties hereto have executed this Agreement on the dates set forth below. KING COUNTY City of Tukwila Parks and Recreation Page 36 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 51 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 Signature Signature NAME (Please type or print), Title NAME (Please type or print), Title Date Date STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of the GRANT RECIPIENT organization, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: NOTARY PUBLIC Print Name: My Commission Expires: STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of KING COUNTY, a political subdivision of the State of Washington, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. 52 Page 37 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 Dated: NOTARY PUBLIC Print Name: My Commission Expires: Page 38 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 53 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 DRAFT RESTRICTIVE COVENANT AGREEMENT EXHIBIT E-1 — LEGAL DESCRIPTION 1. 0179003239 Abbreviated: ALLENTOWN ADD ALL LOTS 15, 16 & 17 TGW LOT 18 LESS N 100 FT OF WLY 100 FT LESS CO ROAD LY ELY OF 42ND AVE SOUTH Full: Tracts 15, 16, 17, and 18 Allentown Addition to City of Seattle, according to the Plat recorded in Volume 12 of Plats, Page 100 in King County, Washington, EXCEPT portion of said Tract 18, heretofore conveyed to King County by Deed recorded under Auditor's File No. 2625173, in King County, Washington, for road and highway and EXCEPT that portion of Tract 18 described as follows: Beginning at the NW corner of Tract 18 and the intersection of 42nd Avenue South and South 124th Street; thence East along the South margin line of South 124th Street, 100 feet; thence Southerly 100 feet to a point which is 100 feet East of the East margin line of 42nd Avenue South; thence West 100 feet to the East margin of 42nd Avenue South at a point 100 feet South of the point of beginning; thence North 100 feet to the point of beginning. 2. 102304HYDR I am unable to locate any legal description for this parcel within King County's various GIS systems (Parcel Viewer, iMap, and Watershed Report). It may be that aquatic lands such as this are not assigned legal descriptions. I have reached out to the King County Assessor's Office to confirm, but have yet to hear back as of this report turn -in. 54 Page 39 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 DRAFT RESTRICTIVE COVENANT AGREEMENT EXHIBIT E-2 - PROPERTY/FACILITY MAP Page 40 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 55 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 EXHIBIT F — CULTURAL RESOURCE PRESERVATION REQUIREMENTS Based on the initial cultural resources review, the following recommendation(s) is/are conditions and/or requirements for this Project: CULTURAL RESOURCES. The Grant Recipient will consult with the King County Historic Preservation Program's Archaeologist, Philippe LeTourneau (206-477-4529 or philippe.letourneau@kingcounty.gov), to determine the need for cultural resources investigations prior to ANY ground disturbing activity associated with the project. The Grant Recipient shall be required to comply with any recommendations made by the Archaeologist, which may include a cultural resource study and/or archaeological monitoring of construction conducted by a qualified, County -approved, professional archaeologist at the Grant Recipient's expense. The professional archaeologist selected to complete any needed fieldwork will notify the King County Archaeologist as soon as their fieldwork is scheduled. Any resulting survey or monitoring reports will meet the Washington Department of Archaeology and Historic Preservation's reporting standards. If a report is needed, the professional archaeologist will create a new project in WISAARD (as needed), upload the report, and add the King County Historic Preservation Program (not DNRP or Parks) as an Organization and Phil LeTourneau as an individual (KC HPO affiliations) with Editor access. Reports shall include 1) a USGS topographic map and an aerial photograph showing excavation locations and 2) detailed stratigraphic information for the reviewed area. The King County Archaeologist will also advise on tribal coordination, if required. The selected professional archaeologist shall notify the Affected Indian Tribes of their field schedule so that the Tribes can send staff to observe the field work. The professional archaeologist may contact the King County Historic Preservation Program's Archaeologist with any questions about the scope of work. The Grant Recipient shall make a copy of the provided King County Parks inadvertent discovery plan (IDP) available to the construction contractor prior to the start of ground disturbance. The IDP will be kept on site during all construction. The Grant Recipient shall Cc their King County Parks Grant Manager on all emails with Historic Preservation Program staff. 56 Page 41 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 57 58 59 60 Thomas cLeod, ayor Parks Recreation Department - Pete Mayer, Director INFORMATIONAL MEMORANDUM TO: Thomas McLeod, City of Tukwila Mayor Community Servies & Safety Committee FROM: Pete Mayer, Parks & Recreation Director BY: David Rosen, Parks & Recreation Analyst DATE: November 25, 2025 SUBJECT: 2026 - 2031 King County Parks Levy Property Tax Levy Agreement ISSUE The King County Parks Levy has been renewed by King County voters. In order for the City of Tukwila to receive its allotted passthrough funding from the County, it must execute a Property Tax Levy Agreement that, per city policy, must be approved for mayoral signature by the City Council. BACKGROUND The King County Parks Levy is a six -year property tax levy that has been approved/renewed by voters since the original levy was passed in 2007. The 2026 — 2031 Levy represents the fourth six -year levy to be approved by King County voters (2008 — 2013, 2014 — 2019, 2020 — 2025, and 2026 — 2031) having passed with 73% approval in the August 2025 election. The levy's purpose has generally remained the same across its lifetime, to support maintenance, operations, stewardship, and capital projects across King County parks, trails, and open space facilities and provide pass -through and competitive grants funding to various entities and organizations across the county for their parks and recreation system operations and capital projects. DISCUSSION Passthrough funding uses are allowed per Section 4 of the proposed Property Tax Levy Agreement, which states "The CITY shall only use the transferred CITY'S Share for its CITY Projects." The following definitions found in Section 1 of the proposed Property Tax Levy Agreement provide additional context to this language: ❖ "CITY Projects" shall mean CITY Parks System operations and capital improvements projects... ❖ "CITY Parks System" shall mean any building or other structure related to parks or recreation, parks, trails, open space, such as natural areas and resource or ecological lands and other parks or recreation property owned or otherwise under the jurisdiction of the CITY. Accordingly, Parks Levy passthrough funds are used for a variety of needs across the Tukwila parks, trails, and open space system. Currently, the county has informed the city that its allotted share of passthrough funding provided via the 2026-2031 Parks Levy totals $2,783,361, or approximately $463,893.50 per fiscal year. This funding will be distributed to the city twice a year, generally in the months of May and November. Tukwila City Hall • 6200 South center Boulevard • Tukwila, A 9 88 • 208 3318©O • Website: TukwilaWA.gov 61 Community Services & Safety Committee Page 2 FINANCIAL IMPACT Revenues from the King County Parks Levy passthrough allotment will be tracked within the newly formed King County Parks Levy Special Revenue Fund (Fund 102). This fund was formed via approval of the 2025-2026 Mid -Biennium Budget Amendment. Approval of this Property Tax Levy Agreement does not create any net General Fund inflows or outflows. RECOMMENDATION City staff recommend the Community Services and Safety Committee forward the proposed property tax levy agreement to the December 15th Regular Meeting Consent Agenda for final approval. ATTACHMENTS A — Proposed Parks Property Tax Levy Agreement between King County and City of Tukwila B — King County Parks Levy FAQs Phone: 206-433-i800 • Email: Mayor T kwil WA.gov • Website. Tukwila WA.gov 62 PARKS PROPERTY TAX LEVY AGREEMENT between KING COUNTY & CITY OF TUKWILA This Parks Property Tax Levy Agreement ("Agreement") is made and entered by and between KING COUNTY, a political subdivision of the state of Washington (the "County") and the City of Tukwila, a State of Washington municipal corporation ("CITY"). The County and the City are singularly referred to as a "Party" and collectively referred to as the "Parties". RECITALS A. The County owns and operates a system of regional and local parks and trails that consists of thirty-two thousand (32,000) acres of parklands and more than one hundred eighty-five (185) miles of regional trails. In addition, the County provides regional trails, regional recreational facilities, regional natural areas, regional parks, and local parks in unincorporated areas. B. Since 2003, on recommendation of the Metropolitan Parks Task Force and direction from the County Executive and County Council, the County's Parks and Recreation Division has focused on managing a system of regional parks, open spaces and trails and a limited set of regional active recreation assets. Consistent with its role as a regional and local rural service provider under Countywide Planning Policies and the State Growth Management Act, the County has divested itself of local parks and facilities in urban, unincorporated areas as these areas incorporate or annex to cities. C. On April 29, 2025, the King County Council adopted Ordinance 19922 which called for a special election in accordance with RCW 29A.04.321 to authorize a property tax levy in excess of the levy limitation contained in 84.55 RCW for a period of six (6) years for specified park purposes. D. On August 5, 2025, King County voters approved Proposition No. 1 Parks Levy that authorized an additional six year property tax levy at a rate of $0.2329 per one thousand dollars of assessed valuation in the first year and limiting annual levy increases by the King County inflation plus population index published by the King County office of economic and financial analysis, or the chapter 84.55 RCW limitation, whichever is greater in years two through six for the purpose of maintaining and operating King County's open space system; improving parks, recreation, access, and mobility in King County by acquiring lands and continuing to develop and support parks, recreation facilities, and regional trails; improving parks and trails in and acquiring lands by metropolitan parks districts, towns and cities in King County; funding environmental education, maintenance and conservation programs at the Woodland Park Zoo; funding environmental education, maintenance and conservation programs at the Seattle Aquarium; funding development, maintenance, and programming for Seattle's Waterfront park; funding environmental and climate stewardship and education at Pacific Science Center; funding a capital project at Memorial Stadium; and funding capital improvements at public pools, for all King County residents. 63 King County Parks Property Tax Levy 2026-2031 Agreement NOW, THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: AGREEMENT 1. Definitions. As used in this Agreement, the following terms shall have the following meanings: A. "Annual Report" shall mean the annual report prepared by the CITY and provided to the County annually by May 31 st beginning in 2027 setting forth a summary of CITY Projects for the preceding year, along with a complete financial accounting for the use of the CITY'S Share, along with a listing of all capital investments made at the CITY funded in whole or in part by County Levy Proceeds, and for the 2026 annual report the CITY shall identify the dollar amount of the CITY's Existing Funds. B. "CITY" shall mean the City of Tukwila, State of Washington, and all of its boards, commissions, departments, agencies and other subdivisions. C. "CITY Parks System" shall mean any building or other structure related to parks or recreation, parks, trails, open space, such as natural areas and resource or ecological lands and other parks or recreation property owned or otherwise under the jurisdiction of the CITY. D. "City and Park District Proceeds" shall mean ten percent (10%) of the total County Levy Proceeds collected by King County, net the amounts specified and allocated in Ordinance 19922 Sections 5A-I, and any interest earnings on these funds. E. "CITY Projects" shall mean CITY Parks System operations and capital improvement projects consistent with Ordinance 19922. F. "CITY'S Share" shall mean the CITY's proportionate share of the City and Park District Proceeds as authorized by Ordinance 19922 Section 5C and 5I, subject to County Council appropriation. G. "County" shall mean King County, State of Washington, and all of its boards, commissions, departments, agencies and other subdivisions. H. "County Council" shall mean the County Council of King County, State of Washington. "County Levy" means the annual King County property tax levy for park purposes imposed by the King County Council and authorized by Proposition No. 1 Parks Levy that was approved by the County voters on August 5, 2025 and replaced a levy expiring at the end of 2025. Page 2 of 7 64 King County Parks Property Tax Levy 2026-2031 Agreement J. "County Levy Proceeds" shall mean the principal amount of the County Levy collected by the County. K. "Executive" shall mean the King County Executive or their functional successor. L. "Existing funds" shall have the meaning, as defined by RCW 84.55.050. 2. Teiui of Agreement. The term of this Agreement (the "Term") shall be for a period commencing upon signature by both parties (the "Commencement Date"), and expiring on December 31, 2031 (the "Termination Date"). 3. Receipt of County Levy Proceeds. A. General Distribution. Each year the County shall distribute the CITY's Share to the CITY as authorized by Ordinance 19922, subject to County Council appropriation. B. Receipt and Distribution of Levy Proceeds. 1. Payment Schedule. Beginning in 2026 and through 2031, the County shall transfer the CITY's Share to the CITY on a semi-annual basis, generally in the months of May and November. The annual amounts transferred shall never exceed the CITY's proportionate share of the City and Park District Proceeds actually collected and appropriated by King County. 2. Administrative Fee. The Parties agree that the County has authority to deduct a portion from City and Park District Proceeds for eligible expenditures related to the administration of the distribution of County Levy Proceeds, consistent with Ordinance 19922. 4. Use of County Levy Proceeds. The CITY shall only use the transferred CITY'S Share for its CITY Projects. On or before May 31' of each year throughout the Term of this Agreement, the CITY shall provide the County with a copy of the Annual Report and provide any further documentation showing that the CITY'S Share was expended on CITY Projects. The CITY shall maintain financial records to account separately for the CITY'S Share. 5. Representations and Warranties. The CITY represents and warrants that all of the CITY'S Share received by the CITY shall be used only for specific CITY Projects as defined in this Agreement. The CITY represents and warrants that all CITY Projects shall be consistent with the requirements in King County Ordinance 19922. The CITY represents and warrants that in addition to the CITY'S Share, the CITY shall annually expend on CITY Projects an amount equal to the CITY's Existing Funds. 6. Title to Improvements. All appurtenances, fixtures, improvements, equipment, additions and other property attached to or installed in the CITY Park System during the Term shall Page 3 of 7 65 Last updated: November 24, 2025 What can towns and cities use levy funds towards in the 2026-2031 King County Parks Levy? Direct pass -through levy funds distributed to towns and cities from the 2026-2031 King County Parks Levy can be used for parks system operations and capital improvement projects within a town or city's parks system. The "parks system" refers to any building or other structure related to parks or recreation, park areas, trails, open space, natural areas, resource or ecological lands, and other parks or recreation property owned or otherwise under the jurisdiction of the town or city. The criteria for eligible expenditures is broad and flexible in order for towns/cities to best serve their local communities, meet the specific needs of their constituents, and improve natural areas unique to their parks systems. Expenditures that would traditionally fall under a park maintenance/operations budget or a dedicated budget for a parks capital improvement program are considered good candidates for levy -funded projects and activities. Other types of expenditures which support parks system operations and capital improvement projects could also be considered eligible as long as the expenses support parks -related projects/activities. This includes but is not limited to salary/benefits for personnel, vehicles for parks operations, and equipment for parks employees. For questions about eligible expenditures please contact Grayson Court, Parks Levy Manager: gcourt@kingcounty.gov, 206-477-9229 (work phone), 206-247-9324 (cell phone). By signing the Parks Property Tax Levy Agreement towns and cities agree they are financially responsible for the lawful use of the levy funds distributed under the agreement. Can our town/city wait to use our distribution of levy funds until the following year? Yes. Towns and cities can carry forward unused levy funds from the 2026-2031 King County Parks Levy to the next year to accumulate funds for future planned projects and/or activities. If unused funds are being carried over to a future year the town or city must describe the specific project (such as project name, high-level details, etc.) as well as expected completion date(s). What are the reporting requirements for towns and cities? The annual report is prepared by the town or city and provided to King County Parks by May 315t of each year setting forth a summary of projects from the preceding year along with a complete financial accounting for the use of the levy funds from the 2026-2031 King County Parks Levy. This includes a listing of all capital investments made in the town or city funded in whole or in part by levy proceeds. In addition, towns and cities must provide any further documentation that shows that the levy funds were expended on projects and/or activities as described in the Parks Property Tax Levy Agreement. Page 1 of 4 66 Are there signage requirements for using parks levy funds? Yes. For each completed capital project funded with county levy proceeds, the town or city shall install a permanent sign at a common access point of the park facility's premises that shall include the following language: "This project was funded (or as applicable, funded in part) with proceeds from the voter - approved King County Parks Levy in August 2025 under an Agreement with King County parks and Recreation Division". There is no template or standard for the design of this signage requirement so a town or city may design the sign based on existing standards within the parks system, or however the town or city chooses. If a town or city has not installed its own sign the county will provide its own signage to be installed. There are strict conditions for the use of a King County Parks logo but this is not a signage requirement. If the town or city chooses to include a King County Parks logo please contact Grayson Court, Parks Levy Manager, for details: gcourt@kingcounty.gov, 206-477-9229 (work phone), 206-247-9324 (cell phone). Are towns and cities required to notify King County when a major milestone or opening date is planned for a parks capital project? Yes, but only if the parks capital project has been funded with county levy proceeds. For each capital project funded with county levy proceeds from the 2026-2031 King County Parks Levy, the town or city must report to King County Parks and their King County Councilmember major milestones, such as groundbreakings and opening dates, thirty (30) days prior to such milestone. The town or city must deliver reports to both King County Parks and their King County Councilmember. Notifications to King County Parks may be sent to gcourt@kingcounty.gov and notifications to King County Councilmembers can be sent directly to the Councilmember's office or to clerk.council@kingcountygov. Section 5.0 of Ordinance 19922 identifies a specific amount of levy funding to my town/city. When is that funding provided and what can it be spent on? Section 5.0 is a repurposed source of levy funding for all towns and cities. Section 5.0 replaces the expiring Parks Capital and Open Space grant program and provides funding directly to towns and cities using a formula based on population and other factors. The amount identified for each town and city will be distributed equally across all six years of the levy and will be combined with the traditional, direct pass -through funding towns and cities currently receive (described in Section 5.1.3). The criteria for eligible levy expenditures identified in Section 5.0 is the same as the traditional, direct pass -through funding to towns and cities described in Section 5.1.3. Must a town or city maintain financial records to account separately for their share of the 2026-2031 King County Parks Levy proceeds? Yes. Must a town or city report unused funds from previous King County parks levies? Yes. Must a town or city provide a complete financial accounting for the use of their share of levy proceeds? Yes. A town or city must provide King County a summary of projects for the preceding year along with a "...complete financial accounting..." for the use of their share. This could be in a form of a report generated by a town or city's finance system (Oracle, Springbrook, Munis, Dynamics, etc.) which shows how the levy funds are received as revenue and used when there are expenditures using levy proceeds Page 2 of 4 67 from the 2026-2031 King County Parks Levy. Below are some examples of financial reports that can be included: • Revenue: o Account Information Report o Account Detail History o Accounting History o Account Ledger Export o Detail Report: Account Detail o General Ledger: Account Detail Report o General Ledger: Detailed Trial Balance o General Ledger: Line Details o Income Statement: Account Summary o Revenue Detail Activity o Revenue Detail Report o Revenue Status Report o Transaction Journal • Expenditures: o Account Activity Report o Account Detail History o Detail Report: Account Detail o Expenditure Status Report o General Ledger: Account Detail Report o General Ledger: Detail Report o General Ledger: Detailed Trial Balance o General Ledger: Line Details o Transaction Journal o Year -to -Date Budget Report What is the King County Parks Levy Oversight Board? The King County Parks Levy Oversight Board consists of nine members who are nominated by a member of the King County Council representing their respective district then confirmed by the whole council. The mission of the Board is to review and report to the County Executive and King County Council on the allocation of King County Parks Levy proceeds and the progress on achieving the purposes of the Parks Levy ballot proposition. Specifically, the Levy Oversight Board is to confirm that the levy proceeds have been expended consistent with the requirements of King County Ordinance 19922, which outlines eligible expenditures and the specific use of levy proceeds including towns and cities in King County. King County Parks staff present reports, including information provided by towns and cities in their annual reports, to the Board for review and confirm if towns and cities receiving parks levy proceeds have complied with the levy spending requirements. When are parks levy funds distributed to towns and cities? King County transfers to each town and city their share of the levy proceeds over the course of the year, generally in the months of May, August and November. How much does my town/city expect to receive from the King County Parks Levy each year? It's difficult to provide an exact amount each year because a town or city's share of the levy proceeds is dependent upon several factors, including but not limited to population estimates, assessed property values, and tax collection. For estimated forecasts based on the adopted pass -through funding model Page 3 of 4 68 please contact Grayson Court, Parks Levy Manager: gcourt@kingcounty,gov, 206-477-9229 (work phone), 206-247-9324 (cell phone). What if we have more questions about the 2026-2031 King County Parks Levy and/or we would like to showcase the exciting work that our town or city is doing with levy funds? Please contact Grayson Court, Parks Levy Manager, for any questions about the parks levy or to schedule a site visit: gcourt@kingcounty.gov, 206-477-9229 (work phone), 206-247-9324 (cell phone). Page 4 of 4 69 King County Parks Property Tax Levy 2026-2031 Agreement be and remain the properties of CITY and shall not be deemed property of the County under any circumstances. 7. Notices. All notices required to be given hereunder shall be in writing and either delivered personally or sent by certified mail to the appropriate address listed below, or at such other address as shall be provided by written notice. Notice shall be deemed communicated upon actual receipt. For convenience of the parties, copies of notices may also be given be other means; however, neither party may give official or binding notice except by personal delivery or by certified mail. If to the CITY: CITY's Contact and Title: City Name: Mailing Address: City, State, Zip Code: If to King County: Warren Jimenez, Division Director King County Parks and Recreation Division Department of Natural Resources and Parks 201 South Jackson Street Mailstop: KSC-NR-6500 Seattle, WA 98104 wjimenez@kingcounty.gov kcparks.legalnotices@kingcounty.gov 8. Compliance with Laws. The CITY shall comply and conform with all applicable laws and all governmental regulations, rules, and orders. 9. CITY Agreement to Comply with Audit Finding or Repay. The CITY agrees that it is financially responsible for the lawful use of the levy funds distributed under this contract. The CITY agrees that if the State Auditor makes an audit finding that the levy funds have not been spent properly, the CITY shall comply with the State Auditor's audit finding and correct any improper expenditure or, at the sole discretion of the County, repay any indicated amounts to the County. This duty to comply with the audit finding or repay shall not be diminished or extinguished by the prior termination of this Agreement and shall survive the termination of this Agreement. 10. Miscellaneous. A. Liability of the County. The County's obligations to the CITY under this Agreement shall be limited to the terms and conditions set forth herein. Notwithstanding any other Page 4 of 7 70 King County Parks Property Tax Levy 2026-2031 Agreement provision in this Agreement to the contrary, in no event shall the County be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including without limitation lost profits, arising out of or in connection with this Agreement or the services performed in connection with this Agreement. B. Dispute Resolution. In the event of a dispute between the CITY and the County regarding any term of this Agreement, the parties shall attempt to resolve the matter informally through the following mechanism: the CITY (reps.) or their respective designee(s), shall meet with County (reps) or their respective designee(s) to review and discuss the matter(s) in dispute; if the CITY (representatives) and County (representatives) are unable to reach a mutual resolution, the Executive and the mayor, or their respective designee(s) shall meet to review and discuss the matter(s) in dispute. If such persons are unable to resolve the matter informally, either party may submit the matter to a non -binding, structured mediation procedure fashioned by persons or organizations experienced in alternative dispute resolution ("ADR") procedures. The mediation may be requested by any party and shall be initiated within thirty (30) days from the date of the request unless extended by the mutual agreement of both parties. The alternative dispute resolution procedures utilized for the mediation shall include the exchange of written claims and responses, with supporting information, at least seven (7) days prior to the actual mediation. The positions expressed and the mediator's recommendations shall not be admissible as evidence in any subsequent ADR or legal proceeding. If the matter is submitted to mediation and the matter is not resolved, an affected party shall be entitled to pursue any legal remedy available. Any disputes involving the lawful expenditure of levy proceeds shall be resolved by King County Superior Court if the parties cannot agree. C. No Implied Waiver. No failure by either party hereto to insist upon the strict performance of any obligation of the other party under this Agreement or to exercise any right, power or remedy arising out of a breach thereof, irrespective of the length of time for which such failure continues (except in cases where this Agreement expressly limits the time for exercising rights or remedies arising out of a breach), shall constitute a waiver of such breach or of that party's right to demand strict compliance such term, covenant or condition or operate as a surrender of this Agreement. No waiver of any default or the performance of any provision hereof shall affect any other default or performance, or cover any other period of time, other than the default, performance or period of time specified in such express waiver. One or more written waivers of a default or the performance of any provision hereof shall not be deemed to be a waiver of a subsequent default or performance. The consent of either party hereto given in any instance under the terms of this Agreement shall not relieve the other party of any obligation to secure the consent of the other party in any other or future instance under the terms of this Agreement. D. Headings and Subheadings. The captions preceding the articles and sections of this Agreement and in the table of contents have been inserted for convenience of reference Page 5 of 7 71 King County Parks Property Tax Levy 2026-2031 Agreement and such captions in no way define or limit the scope or intent of any provision of this Agreement. E. Successors and Assigns. The terms, covenants, and conditions contained in this Agreement shall bind and inure to the benefit of the County and the CITY and, except as otherwise provided herein, their personal representatives and successors and assigns. There are no third party beneficiaries to this Agreement. F. Agreement made in Washington. This Agreement shall be deemed to be made in and shall be construed in accordance with the laws of the State of Washington. Venue of any action brought by one party against the other to enforce or arising out of this Agreement shall be in King County Superior Court. G. Integrated Agreement; Modification. This Agreement contains all the agreements of the parties hereto relating to the subject matter addressed herein, and cannot be amended or modified except by a written agreement approved by the King County Council and mutually executed between each of the parties hereto. H. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. I. Time of Essence. Time is of the essence of each provision of this Agreement. J. Signage. For each completed capital project funded with County Levy Proceeds, the CITY shall install a permanent sign at a common access point of the park facility's premises that shall include the following language: This project was funded (or as applicable, funded in part) with proceeds from the voter -approved King County Parks Levy in August 2025 under an Agreement with King County parks and Recreation Division. If the CITY has not installed its own sign the City shall install a sign provided by the County. K. Reporting. The CITY should report major milestones, such as groundbreakings and opening dates, thirty (30) calendar days prior to such milestone to King County Parks and the King County councilmember who represents the CITY's County Council district. The CITY can mail or deliver reports to both King County Parks and the current King County Council councilmember at: Warren Jimenez, Division Director King County Parks and Recreation Division Department of Natural Resources and Parks 201 South Jackson Street Mailstop: KSC-NR-6500 Seattle, WA 98104 wjimenez@kingcounty.gov kcparks.legalnotices@kingcounty.gov Page 6 of 7 72 King County Parks Property Tax Levy 2026-2031 Agreement Councilmember(s): In care of King County Council Clerk Room 1200. 516 3rd Avenue Seattle, WA 98104 clerk.council@kingcounty.gov IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date set forth below. KING COUNTY, a Washington municipal CITY OF TUKWILA, a Washington corporation municipal corporation By By Its Its Date Date By authority of Ordinance No. 19922 Page 7 of 7 73 74 Thomas cLeod, ayor TO: Parks Recreation DepoDepartment - Pete Mayer, Director INFORMATIONAL MEMORANDUM Community Services & Safety Committee FROM: Kris Kelly, Parks & Recreation Deputy Director BY: David Rosen, Parks & Recreation Analyst DATE: December 1st, 2025 SUBJECT: Contract Amendment: Parks Security Services — B-Force Protection Services ISSUE The Parks and Recreation Department seeks to amend Contract 23-010 to extend its current parks security services agreement through June 2026. This six-month contract extension will add expenses in an amount which, according to city policy, will require city council approval before the mayor may sign and execute the amendment . BACKGROUND B-Force Protection Security Inc. has been the city's parks security services provider for the past several years. At this time, the City is transitioning towards utilizing a city employed Parks Ranger for these services in the future. Currently, the Parks & Recreation Department and the Tukwila Police Department are jointly coordinating completion of the hiring process. Until the position is fully deployed, the City intends to continue utilizing B-Force's services for parks security. DISCUSSION Services Provided The contract being amended currently provides the following services at the parks sites noted below: • Patrol park: Visit site and walk-through park. Report any criminal activity, such as vandalism, trespassing, and park rules violations to Tukwila Police. • Lock park gates: Locking park gates. Lock any open bollards to secure parking area. Call for towing any vehicles left in violation of parking lot rules. • Lock park restrooms: Ensure restrooms are clear of people and lock at night. o Bicentennial o Cascade View Park (patrol only) o Tukwila Park o Duwamish Hill Preserve o Crystal Springs (patrol through) o Tukwila Community Center (Outdoor o Joseph Foster Memorial restroom locking and patrol through) o Crestview Park (patrol and gate only) New Sales Tax Imposition During the 2025 Regular Session, the Washington State Legislature passed Engrossed Substitute Senate Bill 5814 which reenacted RCW 82.04.050 ("Sale at retail," "retail sale.") to re -define the terms "retail sale" to include, amongst other services, "Investigation, security services, security monitoring services, and armored car services...". This bill has the effect of making the services provided by B- Force, which falls under the definition of a security services, taxable per the RCW as of October 1 St 2025. As of January 1 St, 2026, the effective sales tax within the City of Tukwila will be 10.3%. Tukwila City Hall • 6200 Sou center Boulevard • Tukwila, A 98188 206 3 1800 • Website: TukwilaW.ov 75 Community Services & Safety Committee December 1st, 2025 Page 2 FINANCIAL IMPACT Execution of this contract encumbers $45,095.58 in spending against the General Fund. This encumbrance does not create new General Fund inflows or outflows as the Fiscal Year 26 Police Department budget contains the funding reserved for parks security services being provided via Contract 23-010. RECOMMENDATION City staff recommend the Community Services and Safety Committee forward the proposed contract amendment to the December 15th Regular Meeting Consent Agenda for final approval. ATTACHMENTS A --- Proposed Contract Amendment 23-010(d) & Accompanying Exhibits Phone: 206-433-i800 • Email: Mayor T kwil WA.gov • Website. Tukwila WA.gov 76 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 23-010(d) CONTRACT FOR SERVICES Amendment #4 Between the City of Tukwila and B-Force Protection Security Inc. That portion of Contract No. 23-010 between the City of Tukwila and B-Force Protection Security, Inc. is hereby amended as follows: Section 2: The date by which work shall be completed is hereby amended to be no later than June 30th, 2025. Section 3: The total amount to be paid under the contract is hereby amended to $286,065.17. Exhibits A & B: Exhibits A & B are hereby replaced by the new exhibit versions attached to this amendment. All other provisions of the contract shall remain in full force and effect. Dated this 1st day of December, 2025. CA Reviewed May 2020 Page 1 of 3 77 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 ** City signatures to be obtained by City Clerk's Staff ONLY. ** Agreement Number: 23-010(d) ** Contractor signature to be obtained by sponsor staff. ** CITY OF TUKWILA CONTRACTOR: Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Andy Youn-Barnett, CMC, City Clerk APPROVED AS TO FORM: Office of the City Attorney By: Printed Name: Title: 78 CA Reviewed May 2020 Page 2 of 3 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 23-010(d) EXHIBIT A.4 General Terms and Scope of Services Scope of Services — Contractor will provide the following services at identified park locations. • Locking park gates: Locking park gates. Lock any open bollards to secure parking area. Call for towing any vehicles left in violation of parking lot rules. • Locking park restrooms: Ensure restrooms are clear of people. • Patrol Through: Provide perimeter and interior patrol of parks location and facilities Park Name & Address Service Description Frequency FY26 Cost* Tukwila Community Center 12424 42nd Ave S • Lock the Restroom, Unlock on weekends & holidays 7 days/week $5,010.62 Crestview Park 16200 42nd Ave S • Lock the gate, Unlock on weekends & holidays 7 days/week $5,010.62 Crystal Springs Park 15832 51st Ave S • Lock the restroom • Patrol through 7 days/week $5,010.62 Tukwila Park 15460 65th Ave S • Lock the restroom • Patrol through 7 days/week $5,010.62 Bicentennial Park 7200 Strander BLVD • Lock the restroom 7 days/week $5,010.62 Foster Park/Lee Phillips 13919 53rd Ave S • Lock the restroom 7 days/week $5,010.62 Cascade View Community Park 14211 37th Ave S • Patrol Through 7 days/week $5,010.62 Duwamish Hill Preserve 3800 S 115th St • Lock the gate, Unlock on weekends & holidays 7 days/week $5,010.62 Codiga Park 50th PI S • Lock the gate, Unlock on weekends & holidays 7 days/week $5,010.62 TOTAL FY26 SERVICES COST $45,095.58 *Costs shown above are for the six-month contract renewal period. Per ESSB 5814 (Chapter 422, Laws of 2025), sales tax is applicable for these services as of 10/1/25. Exhibit B.4 Consulting Terms, Deliverables & Payment Contractor shall be paid monthly based on the scope identified in Exhibit A. The contractor will provide an invoice for payment each month for services rendered. Total compensation is not to exceed $286,065.17 without the express modification of the agreement signed by the City by written amendment. CA Reviewed May 2020 Page 3 of 3 79 80 Thomas McLeod, Mayor Parks & Recreation Deportment - Pete Moyer, Director INFORMATIONAL MEMORANDUM TO: Thomas McLeod, City of Tukwila Mayor Community Services & Safety Committee FROM: Kris Kelly, Parks & Recreation Deputy Director BY: David Rosen, Parks & Recreation Analyst DATE: November 25, 2025 SUBJECT: Proposed Assignment of FGL Concessionaire Lease to Cater 4 You, LLC ISSUE The current concessionaire at Foster Golf Links ("FGL"), MMS Consultants Inc. (DBA Billy Baroo's), is seeking to assign the remainder of its lease to Cater 4 You, LLC. This action, recorded as an amendment to City of Tukwila Contract 23-121, requires City Council approval. BACKGROUND FGL operates with a concession agreement, in which an outside private entity is provided exclusive restaurant, lounge, snack bar, catering, and beverage/snack cart concession rights at the golf course, since at least 2004 when the then -newly constructed clubhouse opened. This type of lease/concession agreement is very common for municipal golf courses in the United Sates, with approximately 56% of municipal golf courses utilizing this form of operating per the National Golf Foundation's 2020 survey of golf facilities. MMS Consultants Inc., doing business as Billy Baroo's on location, has been the Foster Golf Links concessionaire since March 2010, when the company took over the lease from Habannini LLC. MMS has been the course concessionaire ever since, having most recently renewed their lease in June 2023, which is now set to expire on August 1, 2030. The Concession Agreement allows assignment of the agreement per Section XVIII, which states: 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 Concessionaire 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. At this time, Cater 4 You, LLC is only seeking assignment of the contract with no other terms and/or conditions being amended. The proposed Assignment, Assumption, & Consent Agreement would allow Cater 4 You, LLC to effectively "step into the shoes" of the current concessionaire, MMS Consultants Inc. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 9818 • 206-433-1800 • Website: TukwilaWA.gov 81 Community Services & Safety Committee Page 2 DISCUSSION Cater 4 You, LLC, if assigned the contract via the proposed amendment, intend to rebrand the restaurant space from that of Billy Baroo's, to Pasifika NW Grill & Bar. This would be an extension of the already established Pasifika brand name that Cater 4 You, LLC operates at its Bellevue location. As a part of this proposed contract amendment, city staff have completed a review of Cater 4 You, LLC's operations, financial health, marketing strategy, and immediate operational strategy if the assignment is approved. This review included: ❖ An interview with their ownership and management ❖ Reference checks with the business's current and former landlords ❖ A review of the business's current financial position and recent operating results ❖ A review of the business's proposed menu plans for the proposed location ❖ A review of the business's Department of Revenue and Secretary of State profiles ❖ A review of current public health safety ratings and history for current locations ❖ A secret shopper visit to the current restaurant to sample food and service Based upon the information received and obtained during this review period, staff are confident in Cater 4 You, LLC's ability to assume and maintain operations as the FGL Concessionaire and to provide effective and efficient services on the property in both the short- and long-term. FINANCIAL IMPACT Concessionaire revenues and related Leasehold Excise Tax revenues remitted to the City by the FGL concessionaire are managed exclusively within the Foster Golf Links Fund (411). Therefore, execution of the proposed amendment has no impact on net General Fund inflows or outflows. It is possible that the 411 Fund's revenue from concession fees and Leasehold Excise Tax could change due to higher or lower levels of concessionaire performance; however, these potential future impacts are indeterminate at this time. Additionally, operations conducted by the FGL Concessionaire are, where applicable, subject to local taxes such as Sales and B&O Taxes. It is staff's understanding that on top of on -site restaurant services, Cater 4 You, LLC intends to move catering operations from its Renton location into Tukwila at FGL. This increase in operations onsite and within the city ay also increase revenues remitted to the city General Fund; however, these potential future impacts are also indeterminate at this time. RECOMMENDATION City staff recommend that the Community Services and Safety Committee forward the proposed Assignment, Assumption, & Consent Agreement to the December 15th Regular Meeting Agenda for City Council consideration and final approval. ATTACHMENTS A — Proposed Assignment, Assumption, & Consent Agreement (Contract 23-121 Amendment) B — Pasifika NW Grill & Bar Proposed Business Plan C — Pasifika NW Grill & Bar Menu Samples (Full, Breakfast, and Grab-N-Go) Phone: 206-433-1800 • Email: Mayor Tukwila WA.gov • ' tebsite. TukwitaWA.gov 82 CITY OF TUKWILA CITY CLERK 6200 Southcenter Blvd. Tukwila, WA 98188 CONTRACT ASSIGNMENT Contract No.: 23-121 ASSIGNOR MMS Consultants, Inc. 11820 SE 62nd St. Bellevue, WA 98006 Effective Date: ASSIGNEE Cater 4 You, LLC 269 SW 41' St. Renton, WA 98057 Assignment, Assumption, & Consent Agreement For Contract No. 23-121 Foster Golf Course Restaurant Concession Agreement This Assignment, Assumption, and Consent Agreement ("Agreement") for Contract No. 23-121 is made and entered into by and among the City of Tukwila ("City"), MMS Consultants, Inc., a Washington corporation ("Assignor"), and Cater 4 You, LLC, a Washington limited liability company ("Assignee") (collectively, the City, Assignor, and Assignee are the "Parties") and is dated and effective as of , 2025 ("Effective Date"). RECITALS A. City and Assignor entered into that certain Contract No. 23-121, dated June 28, 2023, which is attached hereto as Exhibit A ("Contract"); B. Assignor desires to assign all its rights, obligations, and liabilities under the Contract to Assignee; C. Assignee desires to accept and assume all the rights, obligations, and liabilities of Assignor under the Contract; and D. City desires to consent to such assignment, acceptance, and assumption. AGREEMENT NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as set forth below: 1. ASSIGNMENT OF CONTRACT. As of the Effective Date, Assignor hereby conveys and assigns to Assignee, its successors and assigns, all of Assignor's rights, title, and interests in, to, and under the Contract. A copy of the Contract, with all modifications and Page 1 {JBS4918-7264-7289;1/13175.000001/} CONTRACT NO. 23-121: ASSIGNMENT, ASSUMPTION, & CONSENT AGREEMENT 83 amendments thereto, if any, is attached hereto as Exhibit A, and the entirety of the Contract is expressly incorporated herein by reference. 2. ASSUMPTION OF CONTRACT. As of the Effective Date, Assignee hereby undertakes, accepts, and assumes the assignment of the Contract and assumes all duties, liabilities, and obligations of the Assignor under the Contract and covenants to perfoiin and discharge the same as the Assignee of the Assignor. 3. CONSENT TO ASSIGNMENT & ASSUMPTION. City hereby consents to the foregoing assignment and assumption, which is effective as of the Effective Date. Notwithstanding the foregoing, the Parties hereto agree that City shall be entitled to pursue claims accruing or arising incident to the Contract on or before the Effective Date of this Agreement, and all its rights and remedies related to such claims, for (a) payments of indemnity now or hereafter due under the Contract from Assignor, and/or (b) insurance payments or proceeds. 4. INSURANCE. City's consent to this Agreement is conditioned, in part, on Assignee's compliance with the Contract's insurance requirements. Accordingly, prior to execution of this Agreement, Assignee shall provide City with written confirmation that Assignee is in full compliance with all applicable insurance requirements set forth in the Contract for the remainder of the Contract term. Assignee shall provide written notice to the City in the event Assignee makes any changes to or cancels any insurance required by the Contract within five (5) days of making any such changes or cancellations. Assignee's failure to maintain insurance in compliance with the Contract at any point during the remainder of the Contract teini shall constitute a material breach of the Contract and shall entitle City to all applicable remedies. 5. NOTICES. Unless otherwise notified by Assignee, any notice to be provided pursuant to the Contract shall be delivered to Assignee at the following address: Attn: Edward Muna 269 SW 4151 St. Renton, WA 98057 Email: ed@maspika.com 6. BINDING EFFECT. All provisions, covenants, and agreements herein shall be binding upon and inure to the benefit of, and be enforceable by or against, the Parties hereto and their respective successors and assigns. 7. NO THIRD -PARTY BENEFICIARIES. This Agreement is solely for the benefit of the Parties hereto and their respective successors and assigns, and no other person has any right, benefit, priority, or interest under or because of the existence of this Agreement. 8. INTEGRATED AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and understanding of the Parties with respect to the subject matter and supersedes all prior negotiations and representations. This Agreement may not be modified except in writing signed by the Parties. 9. AUTHORITY. Each party to this Agreement, and each individual signing on behalf of each party, hereby represents and warrants to the other that it has full power and authority to enter Page 2 {JBS4918-7264-7289;1/13175.000001/} CONTRACT NO. 23-121: ASSIGNMENT, ASSUMPTION, & CONSENT AGREEMENT 84 into this Agreement and that its execution, delivery, and performance of this Agreement has been fully authorized and approved, and that no further approvals or consents are required to bind such party. 10. ELECTRONIC SIGNATURES. An electronic signature or electronic record of this Amendment or any other ancillary agreement shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment or such other ancillary agreement for all purposes. 11. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and places by the Parties shall not affect the validity thereof so long as all the Parties hereto execute a counterpart of this Agreement. EXECUTED AND EFFECTIVE as of the day and date first above written. ASSIGNOR ASSIGNEE MMS CONSULTANTS, INC. CATER 4 YOU, LLC A WASHINGTON CORPORATION A WASHINGTON LIMITED LIABILITY COMPANY By: Name: Title: Date: OS4918-7264-7289;1/13175.000001/1 By: Name: Title: Date: CITY OF TUKWILA By: Name: Title: Date: Page 3 CONTRACT NO. 23-121: ASSIGNMENT, ASSUMPTION, & CONSENT AGREEMENT 85 EXHIBIT A CONTRACT TO BE ASSIGNED Foster Golf Course Restaurant Concession Agreement, June 28, 2023, Contract No. 23-121. CONTRACT NO. 23-1.21: ASSIGNMENT, Page 4 ASSUMPTION, & CONSENT AGREEMENT 86 Pasifika Grill and Bar NW Business Plan Executive Summary Business Name: Pasifika Grill and Bar NW Location: Tukwila, Washington Industry: Restaurant and Hospitality Mission Statement: Pasifika Grill and Bar brings the rich and diverse cultures of Polynesia, Melanesia, and Micronesia to life through food, drink, and atmosphere. Inspired by the traditions of the Pacific Islands and the bounty of the Pacific Northwest, the mission is to create an immersive experience that celebrates the unique flavors, warmth, and hospitality of these regions. The #1 value is Customer Service and island -rich hospitality. Vision: To become the premier destination for Pacific Island and Pacific Northwest -inspired dining experiences in the Pacific Northwest, known for unparalleled customer service, authentic cultural representation, and locally sourced ingredients. Community Positioning: Pasifika Grill & Bar NW will serve as a cultural gathering space, bringing Pacific Island representation and community connection to Tukwila. It will also act as a local economic contributor, focusing on job creation, workforce development, and wage stability. Business Description Pasifika Grill and Bar NW is an extension of the successful Pasifika Grill and Bar located in Bellevue, Washington. The Tukwila location will take over a turnkey restaurant space and close for two months to upgrade and rebrand the location to Pasifika NW. During this period, the business will remain open for banquet events and private functions, ensuring continued revenue and community engagement. The strategy includes incorporating the existing catering business, marketing to past banquet customers, and creating a unique dining atmosphere that reflects the Pacific Islands' spirit while celebrating the culinary richness of the Pacific Northwest. The restaurant will feature a full -service dining area, bar, and event space for banquets and private gatherings. The menu will highlight authentic Pacific Island dishes and modern interpretations infused with Pacific Northwest ingredients such as wild salmon, Dungeness crab, and locally grown produce. Signature cocktails will draw inspiration from tropical flavors and regional spirits. The business wilt also integrate catering operations to maximize kitchen utilization and revenue streams. 11Page 87 Operations Plan • Renovation and Upgrades: Invest $30,000 in renovation, paint, and fixtures. • Staffing: Retain current staff while emphasizing training to enhance customer service. • Lease Terms: Seven-year lease with a seven-year renewal option. Concessions set at 6% of gross receipts up to $2 million, 5% above $2 million, and 2% for outside catering and delivery revenue. • Banquet and Private Event Continuity: During the two -month closure for renovations, the restaurant will remain open for banquet events and private functions. The main dining area will be marketed as a private event space, ensuring ongoing revenue and maintaining visibility in the community. Current Concession Terms • 6% Gross Receipts up to $2,000,000 • 5% Gross Receipts above $2,000,000 • 2% on outside catering & delivery Requested Revised Concession Terms • 5% Gross Receipts up to $2,000,000 • 4% Gross Receipts above $2,000,000 • 1% on outside catering and delivery Rationale: Pasifika NW is entering the third year of the existing lease, during which the Tukwila - mandated labor rate has increased by 47%. Labor cost increases of this magnitude directly impact restaurants at a higher proportional rate than most commercial businesses. Reducing the concession rate by 1% allows the business to maintain operational stability, retain employees with competitive wages, and continue to serve as a cultural and community anchor within the Foster Golf Course facility. This adjustment: • Does not decrease the City's long-term revenue • Strengthens the business, increasing revenue and therefore total concession dollars over the remaining term • Protects jobs, banquet services, and ongoing community event programming 2IPage 88 Operational Strategy Rebranding and Facility Refresh: A two -month closure will allow for light renovations, improved dining ambience, staff onboarding, and restructuring of kitchen production workflows. The refreshed design will emphasize island -inspired decor, warm lighting, and cultural authenticity, white incorporating Pacific Northwest natural elements such as reclaimed wood, stone textures, and local art. During this period, the restaurant will continue to host banquet events and private functions in designated areas, ensuring uninterrupted service for existing clients and maintaining brand presence. Marketing efforts will focus on promoting the availability of private event bookings during the renovation phase. Banquet Reactivation Plan: Pasifika NW will reconnect with historical banquet clients, release updated multi -tier event packages, and develop seasonal golf tournament banquet menus. These offerings will feature Pacific Island and Pacific Northwest fusion dishes, showcasing local seafood and produce alongside traditional island flavors. Catering Integration: Cater 4 You LLC will shift its existing corporate catering production into the Tukwila facility. This integration will secure baseline revenue of approximately $1,000,000 annually, increase kitchen utilization, and strengthen brand consistency across both restaurant and catering operations. Catering menus will highlight Pacific Island favorites and Pacific Northwest specialties to appeal to a broader clientele. Golf Course Partnership Program: The restaurant will collaborate with the adjacent golf course to develop golfer grab -and -go menus, members' lounge service options, and tournament banquet coordination. Seasonal menus will incorporate Pacific Northwest ingredients and island -inspired flavors to create a distinctive dining experience. Operational Improvements vs. 2024 Baseline: • 2024 Financial Baseline (Previous Operator): o Revenue: $1,740,000 o Labor Cost: $1,119,000 (64% of revenue) • Goals: 3IPag 89 o Reduce labor cost to 35% by Year 3 through improved efficiency and cross - training. o Shift marketing to digital, event -driven, and partnership -based outreach. o Increase revenue through catering integration and banquet reactivation. Market Analysis Industry Overview The restaurant industry in Washington continues to grow, driven by consumer demand for diverse and authentic dining experiences. The Pacific Northwest's multicultural population and tourism base create strong opportunities for ethnic and experiential dining. Pasifika Grill and Bar NW's fusion of Pacific Island and Pacific Northwest cuisines positions it uniquely within this market, appealing to both adventurous diners and those seeking locally sourced, sustainable ingredients. Target Market • Primary Segments: o Families seeking a welcoming, culturally rich dining experience. o Young professionals and food enthusiasts interested in unique, high -quality cuisine. o Tourists exploring the Pacific Northwest's diverse food scene. • Secondary Segments: o Golf enthusiasts and members of the local golf course. o Corporate clients and event planners seeking catering and banquet services. o Professional and local sports teams, including rugby teams that play at the local stadium, as well as other community -based athletic organizations that host events and team gatherings nearby. Competitive Analysis Competitors include local restaurants offering Asian, Hawaiian, and fusion cuisines. However, few establishments specialize in authentic Pacific Island culture combined with Pacific Northwest culinary traditions. Pasifika Grill and Bar NW's differentiation lies in its immersive atmosphere, cultural authenticity, and exceptional customer service. Additionally, the business has a strong understanding of the surrounding casinos and their Wag 90 hospitality operations, allowing it to position itself competitively in terms of service quality, menu innovation, and event hosting. This insight supports strategic pricing, marketing, and partnership opportunities that align with regional entertainment and tourism trends. The integration of catering, banquet services, and sports partnerships further strengthens Pasifika Grill and Bar NW's competitive advantage. Marketing Strategy 1. Catering Integration: Leverage the existing Cater 4 You LLC business to generate approximately $1 million in annual revenue, ensuring a stable financial foundation. Catering menus will feature Pacific Island and Pacific Northwest fusion dishes to attract a wider audience. 2. Customer Outreach: Reconnect with past banquet and catering clients through personalized outreach, loyalty incentives, and targeted discounts to rebuild relationships and drive repeat business. 3. Rebranding and Launch Campaign: Transform the current location of Billy Baroos into Pasifika NW with a refreshed, island -meets -Northwest aesthetic. Launch a grand reopening campaign featuring community events, media coverage, and influencer partnerships. During the renovation period, marketing will emphasize the availability of banquet and private event bookings to maintain visibility and revenue. 4. Digital Marketing: Implement a strong digital presence through social media, Google Business optimization, and online advertising. Highlight cultural storytelling, menu features, and event offerings that showcase the Pacific Island and Pacific Northwest culinary blend. 5. Community Engagement: Pasifika Grill and Bar NW has long-standing partnerships with the surrounding cities of Renton, Kent, and Bellevue, built through years of collaboration on community events, cultural programs, and catering partnerships. These relationships will continue to strengthen the restaurant's regional presence and community trust. Additionally, the ownership team brings over 30 years of golf tournament experience and operational knowledge, providing a deep understanding of tournament logistics, hospitality coordination, and event execution. This expertise will enhance collaboration with the Foster Golf Course and surrounding golf communities, 5IPag 91 positioning Pasifika NW as a preferred venue for tournaments, banquets, and post - event gatherings. 6. Customer Service Excellence: Maintain a consistent focus on top -tier customer service and hospitality training to ensure every guest experience reflects the warmth and generosity of Pacific Island culture and the welcoming spirit of the Pacific Northwest. Financial Plan Revenue Streams: • Dine -in and bar sales • Banquet and private event bookings • Corporate and private catering (Cater 4 You integration) • Golf course partnership programs Key Financial Strategies: • Optimize scheduling and cross -training to reduce labor inefficiencies. • Implement cost controls on food and beverage procurement. • Increase average ticket size through upselling and premium menu offerings. • Utilize digital marketing to reduce traditional advertising costs. 5-Year Pro Forma Financial Projection (15% Growth) Category Total Revenue COGS (35%) Gross Profit Labor Costs 6IPag Year 1 Year 2 $2,800,000 $3,220,000 $980,000 $1,820,000 $1,400,000 (50%) $1,127,000 $2,093,000 $1,288,000 (40%) Year 3 $3,703,000 $1,296,050 $2,406,950 $1,296,050 (35%) Year 4 $4,258,450 $1,490,458 $2,767,992 $1,490,458 (35%) Year 5 $4,897,218 $1,714,026 $3,183,192 $1,714,026 (35%) 92 Category Operating Expenses (Rent, Utilities, Marketing, Admin) Year 1 Year 2 Year 3 Year 4 Year 5 $350,000 $380,000 $410,000 $440,000 $470,000 Concession Payment (5%) $140,000 $161,000 $185,150 $212,923 $244,861 SBA Loan Repayment $72,000 $72,000 $72,000 $72,000 $72,000 EBITDA $(142,000) $192,000 $443,000 $552,611 $682,305 Depreciation & Amortization $25,000 $25,000 $25,000 $25,000 $25,000 Net Income Before Tax $(167,000) $167,000 $418,750 $527,611 $657,305 Net Margin -6% 5.2% 11.3% 12.4% 13.4% Assumptions: • Year 1 includes $1,000,000 in catering revenue integrated from Cater 4 You LLC. • 15% annual revenue growth driven by catering expansion, banquet reactivation, and golf course partnerships. • Labor cost efficiency improves to 35% by Year 3 and remains stable thereafter. • Operating expenses increase modestly with inflation and marketing expansion. • 5% concession payment applied to total gross receipts annually. • SBA loan repayment of $72,000 annually included as a fixed expense. • No major capital expenditures beyond initial $30,000 renovation and rebranding. • Banquet and private event operations continue during the renovation period to sustain revenue. Management and Staffing 7IPag 93 The management team will include experienced leaders from the Bellevue location, ensuring operational consistency and brand alignment. Staffing will focus on hiring individuals who embody Pacific Island hospitality and can deliver exceptional service. Training programs will emphasize cultural education, customer engagement, and operational excellence, with a focus on Pacific Island and Pacific Northwest culinary traditions. Implementation Timeline Phase Timeline Key Activities Facility Refresh & 1-2 Renovations, design updates, staff hiring, menu development, continued Rebranding Months banquet and private event operations Soft Opening & Marketing 3rd Month Community preview events, digital campaign rollout Launch Banquet & Catering 4-6 Client outreach, event package rollout Relaunch Months Golf Course Partnership 6-9 Menu integration, tournament coordination Activation Months 9-12 Operational Optimization Labor efficiency improvements, customer feedback integration Months Conclusion Pasifika Grill and Bar NW will bring a vibrant and authentic Pacific Island and Pacific Northwest dining experience to Tukwila, combining cultural celebration with operational excellence. Through strategic rebranding, catering integration, and community engagement, including long-standing partnerships with Renton, Kent, and Bellevue, deep roots in the golf community, and strong relationships with local sports teams. The business will establish itself as a premier destination in the Pacific Northwest, delivering exceptional food, service, and hospitality rooted in island tradition and regional flavor. 8IPag 94 PASIFIKA NW GRILL & BAR Island Favorites & Pacific Northwest Features SHAREABLES Kalua Nachos — $18.50 Crispy wonton chips topped with kalua pork, cheese sauce, and green onions. Pork Belly Bites — $19.95 Crispy pork belly tossed in mango BBQ glaze. Crispy Chik'n Wings — $16.00 Salt & Vinegar • Garlic Shishito • Honey Kimchi • Mango BBQ. Pork Lumpia (3 pcs) — $11.00 Fried lumpia with pork, pancit, and vegetables. Empanada (3 pcs) — $14.00 Island -style empanada with chicken and roasted ground rice. Hurricane Fries — $12.00 Fries with teriyaki, spicy aioli & furikake. Spicy Edamame — $10.00 Steamed edamame tossed in kimchi vinaigrette. Musubi Platter— $24.00 Spam, Spam Katsu, Portuguese Sausage & Shrimp Tempura. Kalua Pork Sliders — $15.50 Kalua pork on soft buns with slaw & BBQ drizzle. HULI SHACK Seattle Dog — $12.00 Cream cheese, sauteed onions & jalapenos. Classic Cheeseburger— $14.50 Sirloin patty, cheddar, lettuce & tomato. Served with fries. ISLAND HOTDOG — $6.99 Hawaiian hotdog with sriracha mayo & pickled papaya. ISLAND RAW & COLD PLATES Shoyu Poke w/ Taro Chips — $19.00 95 Ahi tuna in soy & sesame, served with taro chips. Ota w/ Taro Chips — $20.00 Ahi & octopus in citrus coconut cream. Octopus Kelaguen — $21.00 Chamoru citrus -marinated octopus with veggies & chili. Spicy Green Papaya Salad w/ Grilled Prawns — $18.50 Papaya salad with grilled prawns. SOUPS, SAIMIN & SALADS Coco Chicken Corn Soup — $9.00 Chicken & corn in coconut broth. Clam Chowder— $11.00 Northwest -style clam chowder. House Signature Salad — $13.50 Greens, veggies, egg & ginger vinaigrette. Chef Salad — $15.00 Ham, turkey, cheddar, tomatoes, cucumbers & egg. Caesar Salad — $12.00 Romaine, parmesan & croutons. Hawaiian Saimin — $15.00 Noodles with Spam, char siu, wonton & egg. Ox Tail Saimin — $17.00 Braised oxtail in beef broth. Veggie Saimin — $14.00 Vegetarian noodle soup with tofu. ISLAND MAINS Huli Huli Chicken — $24.00 Grilled soy -marinated chicken with sides. Mochiko Chicken — $24.00 Crispy mochiko-marinated chicken. Pork Laulau & Taro — $23.00 Braised pork wrapped in taro leaves. Mama D's Chicken Estufao — $22.00 96 Chamoru soy -vinegar braised chicken. Beef Kelaguen — $21.00 Citrus -marinated chopped beef. Zesty Coco Beef (Tinaktak) — $22.50 Beef in coconut milk with veggies. Island -Style Pot Roast — $25.00 Slow -braised pot roast. Ika Vaka Lolo — $23.00 Fish simmered in coconut cream. 1/2 Rack Island Style Pork Ribs — $27.00 Island BBQ glazed ribs. Sapa Sui — $18.00 Island chop suey with noodles & veggies. Coco Curry Veggies & Tofu — $17.00 Veggies & tofu in coconut curry. Vegan Tinaktak — $18.00 Plant -based tinaktak. BURGERS, SANDWICHES & HANDHELDS Smashed Local Burger— $17.50 Sirloin patty with Million Island sauce & egg. Smashed Cheeseburger— $16.00 Cheeseburger with lettuce and tomato. Traditional Chik'n Sandwich — $15.50 Crispy chicken with pickles & hot aioli. Classic Fish Filet Sandwich — $16.00 Beer -battered cod with slaw & tartar. Chicken Kelaguen Wrap (2 pcs) — $12.00 Citrus -marinated chicken wraps. PACIFIC NORTHWEST FEATURES Unkle's Favorite Salmon — $28.00 Salmon with yuzu cream & succotash. Ribeye Steak (18 oz Bone -In) — $38.00 97 Bone -in ribeye with fingerlings. New York Prime Steak (10 oz) — $32.00 NY strip with veggies. Fish n Chips (3 pcs) — $19.00 Beer -battered cod with slaw & tartar. Dungeness Crab Cake — $22.00 Pan -seared Dungeness crab cake with miso arugula & garlic cheese toast. Garlic Prawns — $32.00 Spiced prawns sauteed with tomatoes, onions & garlic over coconut cream rice. DESSERTS Home -Made Carrot Cake — $14.00 Carrot cake with cream cheese frosting. Chef's Dessert Special — $15.00 Chef's rotating dessert feature. Pani Popo — $15.00 Samoan coconut sweet rolls. 98 PASIFIKA NW BREAKFAST MENU BREAKFAST Macadamia Nut Pancakes — $17 Three pancakes loaded with toasted macadamia nuts, topped with sliced bananas and powdered sugar. Island Fried Rice — $18 Shoyu-seasoned fried rice with Portuguese sausage, chorizo, carrots, onions, garlic, ginger, Spam, Portuguese sausage, and a fried egg. Island Breakfast — $17 Steamed rice served with bacon, sausage, Portuguese sausage, or Spam, and two eggs any style. Hawaiian Hog Omelette— $19 Three -egg omelette with pork carnitas, mushrooms, and green onions. Served with fruit and choice of rice or toast. Chorizo Omelette — $18 Three -egg omelette with chorizo, onions, and mushrooms. Served with fruit and choice of rice or toast. Spam & Chedda' Is Betta' Omelette — $18 Spam, green peppers, onions, and melted cheddar. Served with fruit and choice of rice or toast. Corned Beef Breakfast — $19 Corned beef with sauteed onions over rice, topped with two eggs any style. Loco Moko — $19 Seasoned patty over rice topped with two eggs any style and house -made gravy. The Manaia Breakfast— $16 Two eggs any style with bacon, Portuguese sausage, or Spam, and rice or toast. Avocado Toast— $21 Grilled sourdough with fresh avocado, tomatoes, cracked pepper, olive oil, and microgreens. Lumberjack Breakfast — $18 Two eggs any style, bacon, sausage, hash browns, and a buttermilk pancake. Country Fried Steak & Eggs — $19 Fried steak with pepper gravy, served with two eggs any style and hash browns. Biscuits & Gravy Plate — $15 99 Buttermilk biscuits smothered in sausage gravy, served with two eggs any style. Buttermilk Pancake Stack — $14 Three fluffy buttermilk pancakes served with butter and maple syrup. DRINKS Classic Mimosa — $12 Coppola Prosecco and orange juice. Hibiscus Mimosa — $12 Prosecco, hibiscus syrup, and orange juice. Bellini Cocktail — $12 Peach puree, peach schnapps & sparkling wine. Bloody Mary — $16 Tomato juice, horseradish, citrus & smoked vodka. Espresso Martini — $18 Espresso, Pau Maui vodka, Irish Cream & Borgetti Cafe. Sunrise — $16 Yuzu liqueur, strawberry puree & pineapple. NON-ALCOHOLIC Shirley Temple— $4 Grenadine & lemon -lime soda. Mojito — $10 Non-alcoholic island mint & lime mojito. Passion Fruit Martini — $10 Zero -proof passion fruit martini. Pink Gin & Tonic — $10 Floral tonic with pink botanicals. Tropical Paradise — $11 Pineapple, guava & passion fruit blend. 100 PNW GRAB & GO MENU BREAKFAST ITEMS MEAT LOVER'S BURRITO SUPREME 10" savory wrap loaded with scrambled eggs, ham, smoked bacon, sausage, potato strings, and cheese blend. CRACK OF DAWN HOT SANDWICH Served on baked croissant or English muffin with pan-fried egg (over well), cheddar cheese, and your choice of breakfast protein: chefs honey ham, sausage patty, smoked bacon, or vegetarian. SANDWICHES Roast Turkey & Havarti Crisp lettuce, tomato & mayo spread on wheat bread. Carver Ham & Swiss Crisp lettuce, tomato & honey mustard spread on a French roll. BLT with Avocado Crisp bacon, lettuce & tomato with avocado spread on toasted wheat. Albacore Tuna House -made tuna salad with lettuce, cucumber & matchstick carrots on wheat. Roast Beef & Cheddar Crisp lettuce, tomato & creamy horseradish spread on sourdough. Italian Grinder Romaine, onions, pepperoncini, ham, salami, prosciutto & balsamic mayo on a French roll. WRAPS Grilled Chicken Caesar Wrap Crisp romaine, shaved parmesan & creamy Caesar in a spinach wrap. Cajun Salmon Caesar Wrap Crisp romaine, shaved parmesan & creamy Caesar in a spinach wrap. Turkey Bacon Wrap Crisp romaine, cheddar cheese & BBQ1000 sauce in a garlic flour wrap. Ultimate Vegetarian Wrap 101 Lettuce, cucumber, tomato, avocado & cheese with creamy hummus spread. BOXED SALADS Grilled Chicken Caesar Crisp lettuce, shaved parmesan & house -baked croutons with creamy Caesar dressing. Cajun Salmon Caesar Crisp lettuce, shaved parmesan & house -baked croutons with creamy Caesar dressing. Chef's Salad Garden greens with ham, smoked turkey, fried eggs, Swiss, cheddar & tomato with ranch dressing. Mediterranean Chicken Lettuce, tomatoes, cucumber, kalamata olives, pepperoncini, red onions, goat cheese & red wine vinaigrette. Citrus Quinoa & Avocado Greens with tomatoes, red onions, orange wedges, cilantro & citrus lime vinaigrette. Italian Chopped Lettuce, grape tomatoes, cucumbers, chickpeas, red onions & kalamata olives topped with goat cheese & red wine vinaigrette. 102