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HomeMy WebLinkAboutReg 2025-12-15 COMPLETE AGENDA PACKET2 Tukwila City Council Agenda ❖ REGULAR MEETING ❖ ILA-4,- L4 ;s di 1908 Thomas McLeod, Mayor Councilmembers •:• Mohamed Abdi •:• Armen Papyan Marty Wine, CityAdministrator •:• Dennis Martinez •:• Hannah Hedrick Tosh Sharp, Council President •:• Joe Torres Camacho •:• Jane Ho leel' cha ved toy vio`tucat 6:15 7:00 City Hall Lobby cleeec to p.m. Pin (Oaa era. ON -SITE PRESENCE: TUKwILA CITY HALL COUNCIL CHAMBERS 6200 SOUTHCENTER BOULEVARD REMOTE PARTICIPATION FOR THE PUBLIC: 1-253-292-9750, ACCESS CODE: 670077847# � � slum° Click here to: )oin li icrosoft (realms IlI4eetIi ,�q For Technical Support: 1-206-433-7155 Monday, December 15, 2025; 7:00 PM 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. LAND ACKNOWLEDGEMENT The City of Tukwila is located on the ancestral lands of the Coast Salish people. We acknowledge their continuing connections to land, waters and culture. We pay our respects to their elders past, present and emerging. 3. PUBLIC COMMENTS including comment on items both on and not on the meeting agenda Those wishing to provide public comments may verbaiiy address the City both on -site at Tukwila City Haii or via phone or Microsoft Teams for up to minutes for items both on and not on the meeting agenda. To provide comment via phone or Microsoft Teams, please email citycounciI tukwilawa.gov with your name and topic by 5:00 p.m. on the Council 5 meeting the date. Please cdeariy indicate that your message is for public comment during meeting, and you wiii receive further instructions. 4. PRESENTATIONS a. Resolutions of Appreciation for the Service of Outgoing Elected Officials: (1) Councilmember Mohamed Abdi (2) Council President Tosh Sharp b. Briefing on 2026 Washington State Legislative Agenda. David Foster, Foster Government Relations Pg.1 Pg.2 Pg.3 5. CONSENT AGENDA a. Approval of Minutes: 12/1/25 (Regular Mtg) b. Approval of Vouchers c. An ordinance amending Ordinance No. 2530 §5 as Codified at Tukwila Municipal Code (TMC) Section 2.29.020, "Membership," to remove the Councilmember position [Reviewed and forwarded to consent by the Finance & Governance Committee on 11/24/251 d. Authorize the Mayor to accept the Washington State Office of Public Defense Grant for 2026-2027 to enhance the City's Public Defense Program, in the amount of $80,930.00. [Reviewed and forwarded to consent by the Community Services & Safety Committee on 12/08/251 (continued..) P0.9 Pg.15 REGULAR MEETING December 15, 2025 Page 2 5. CONSENT AGENDA e. Authorize the Mayor to sign Amendment No. 1 to Contract Pg.25 (cont.) #25-046 with the Washington State Department of Social and Health Services (DSHS) to compensate the City for police services at the Olympic Heritage Campus, in an amount not to exceed $1,278,540.00 with an extended term through 2030. [Reviewed and forwarded to consent by the Community Services & Safety Committee on 12/08/251 f. Authorize the Mayor to accept the King County Open Space — Pg.31 River Corridors Grant for the Tukwila Community Center (TCC) Riverside Campus & Canoe Launch Project, in the amount of $1,000,000.00. [Reviewed and forwarded to consent by the Community Services & Safety Committee on 12/08/251 g. Authorize the Mayor to sign the Parks Property Tax Levy Pg.81 Agreement with King County to allow the tax funds to be transferred to the City. (Proceeds to City estimated to be $463,893.50 per fiscal year.) [Reviewed and forwarded to consent by the Community Services & Safety Committee on 12/08/251 h. Authorize the Mayor to sign Amendment No. 4 to Contract Pg.97 #23-010 with B-Force Parks Security Services for parks patrol services through June 2026, in the amount of $45,095.58. [Reviewed and forwarded to consent by the Community Services & Safety Committee on 12/08/251 i. Authorize the Mayor to sign the assignment, assumption & consent agreement of Contract #23-121 to assign the remainder of the lease to Cater 4 You, LLC. for the Foster Golf Pg.105 Links (FGL) Restaurant Concessionaire. [Reviewed and forwarded to consent by the Community Services & Safety Committee on 12/08/251 j. A resolution adopting a residential rental business license and inspection program fee schedule. Pg.129 [Reviewed and forwarded to consent by the Planning & Community Development Committee on 12/08/251 k. A resolution adopting a revised Fire Department Fee Schedule. Pg.141 [Reviewed and forwarded to consent by the Planning & Community Development Committee on 12/08/251 I. Approve two applications for Lodging Tax Funds from the City of Tukwila for the City of Tukwila Pac NW Tournament to provide rebates for hotel room reservations in 2026 and 2027 in an amount not to exceed $40,000.00. Pg.149 [Reviewed and forwarded to consent by the Planning & Community Development Committee on 12/08/251 m. Authorize the Mayor to sign Amendment No. 1 to Contract #25- Pg.165 155 with St. Stephen's Housing Association (SSHA) for the Hartnett Manor Property Lease to extend the term through December 2028. [Reviewed and forwarded to consent by the Committee of the Whole on 12/08/251 (continued) REGULAR MEETING December 15L2025 Page 3 5. CONSENT AGENDA (cont.) O. A reSO|Ut|OO ddODt|Og d legislative agenda for use during the 2026VVdSh|OgtOO State Legislative Session. [Reviewed and forwarded toconsent bvthe Committee ofthe Whole onz^ym8125/ Pg.175 6. PUBLIC HEARING d. AOOrdinance neCOd|f«iOgand enacting the new Tukwila Municipal Code (TMC). To provide public hearing comments, please email dtycound| U»g.183 (�Dtukwi|awa.gov, provide your first and last name, and reference the public hearing topic inthe subject line, by5:MMp.rn.onDecember 15, 2025. Once you have signed up by email, your name will be called upon during the meeting tospeak for uptoSminutes. You may also attend the Public Hearing inperson and provide your comments on -site. 7. UNFINISHED BUSINESS d. An OR1|OdOOe neCOOf|gUr|Og, neCOd|f«iOg and eOdCt|Og d new DlUO|C|pd| code for the City Of TUkvv||d pUrSUdOt to RCVV ]5A.21.1]0; nedrndOg|Og and neOUDlber|Og Titles, Chapters, and 5eCt|OOS; COOfOrDl|Og |Ot8rOd| references and cross- references dCCOR1|Og|y; providing tables and |Od|CeS to fdC|||tdt8 |OCdt|OO and COOwecS|OO Of code references and Dldt8r|d| for the new City of Tukwila MUO|C|pd| Code. b. AOordinance amending Tukwila Municipal Code (7MC)Section 3.26.040,"[}efiO|t|OOS"; TMC5eCt|OO 3.27.220; tDadopt updated Business and Occupation tax regulations |Oaccordance with the DlOde| OR1|OdOOe. C. Authorize the Mayor to enter into d purchase and Sd|e agreement to Se|| the former Fire 5tdt|OO 51 property |OCdt8d dt444Andover Park East tOSound Generations for dminimum price Of$S Dl||||OO, UpOO t8rDlS reasonable tOthe Mayor and City Attorney. U»g.183 U»g.187 U»g.197 S. NEW BUSINESS [}iSCUSS|OO OO use OfAutomated License Plate Redder(ALPRS) CdDlendS 9. REPORTS d. Mayor b. City Council C. Staff —City Administrator Report Pg.207 10.MISCELLANE0}US 11.ADJOURNMENT This agenda isavailable at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council If you are in please meetings are audio/video taped, and available at www.tukmxawa.gox need of translation or interpretation services at a Council meeting, contact usatao6'4ss'zmoouvzamop.m.onthe meeting date. WELCOME TO THE TUKWILA CITY COUNCIL MEETING The Tukwila City Council encourages community participation in the local government process and welcomes attendance and public comment at its meetings. MEETING SCHEDULE Regular Meetings are held at 7:00 p.m. on the 1st and 3rd Mondays of each month. The City Council takes formal action in the form of motions, resolutions and ordinances at Regular Meetings. Committee of the Whole Meetings are held at 7:00 p.m. on the 2nd and 4th Mondays of each month. The City Council considers current issues, discusses policy matters in detail, and coordinates the work of the Council at Committee of the Whole meetings. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council for up to 5 minutes on items both on and not on the meeting agenda during Public Comments. The City Council will also accept comments on an agenda item when the item is presented in the agenda, but speakers are limited to commenting once per item each meeting. When recognized by the Presiding Officer, please go to the podium if on -site or turn on your microphone if attending virtually and state your name clearly for the record. The City Council appreciates hearing from you but may not respond or answer questions during the meeting. Members of the City Council or City staff may follow up with you following the meeting. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. The City Council Rules of Procedure provide the following guidelines for Public Hearings: 1. City staff will provide a report summarizing and providing context to the issue at hand. 2. City staff shall speak first and be allowed 15 minutes to make a presentation. 3. The applicant is then allowed 15 minutes to make a presentation. 4. Each side is then allowed 5 minutes for rebuttal. 5. After City staff and the applicant have used their speaking time, the Council may ask further clarifying questions of the speakers. 6. Members of the public who wish to address the Council on the hearing topic may speak for 5 minutes each. 7. Speakers are asked to sign in on forms provided by the City Clerk. 8. The Council may ask clarifying questions of speakers and the speakers may respond. 9. Speakers should address their comments to the City Council. 10. If a large number of people wish to speak to the issue, the Council may limit the total amount of comment time dedicated to the Public Hearing. 11. Once the Presiding Officer closes the public hearing, no further comments will be accepted, and the issue is open for Councilmember discussion. 12. Any hearing being held or ordered to be held by the City Council may be continued in the manner as set forth by RCW 42.30.100. For more information about the City Council, including its complete Rules of Procedure, please visit: https//w,tukwilawa.,,q©v/do,pairtiments/citi-courfcili A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, EXPRESSING SINCERE GRATITUDE TO MOHAMED ABDI FOR HIS SERVICE AS A COUNCILMEMBER. WHEREAS, Mohamed Abdi was elected to the City Council in 2021, making history as the youngest Somali elected official in the state; and WHEREAS, Mohamed served on numerous City Council Committees and provided exemplary leadership as 2024 City Council President; and WHEREAS, Mohamed is recognized for his enthusiastic, collaborative, and inclusive approach to public service, and for his dedication to the public and particularly youth engagement; and WHEREAS, Mohamed will be greatly missed for his ability to find common ground and his commitment to uniting people across their differences. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: On behalf of the entire Tukwila community, the Mayor and Councilmembers express their sincere thanks to Mohamed Abdi for his four years of dedicated service as a City of Tukwila Councilmember. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2025. Thomas McLeod, Mayor Tosh Sharp, Council President ATTEST/AUTHENTICATED: Armen Papyan Andy Youn, CMC, City Clerk Dennis Martinez APPROVED AS TO FORM BY: Hannah Hedrick City Attorney Joe Torres Camacho Filed with the City Clerk: Passed by the City Council: Jane Ho A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, EXPRESSING SINCERE GRATITUDE TO TOSH SHARP FOR HIS SERVICE AS A COUNCILMEMBER. WHEREAS, Tosh Sharp was elected to the City Council in 2021 and hit the ground running with a forthright style and a commitment to the people of Tukwila; and WHEREAS, during his term, Tosh served on numerous City Council Committees and provided strong leadership as 2025 City Council President; and WHEREAS, Tosh made a mark with his dedication to the residents of Tukwila, his elevation of transparency in government, and his steadfastness in his convictions; and WHEREAS, Tosh will be missed for his spirited leadership and diligent work on the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: On behalf of the entire Tukwila community, the Mayor and Councilmembers express their sincere thanks to Tosh Sharp for his four years of dedicated service as a City of Tukwila Councilmember. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2025. Thomas McLeod, Mayor Mohamed Abdi ATTEST/AUTHENTICATED: Armen Papyan Andy Youn, CMC, City Clerk Dennis Martinez APPROVED AS TO FORM BY: Hannah Hedrick City Attorney Joe Torres Camacho Filed with the City Clerk: Passed by the City Council: Jane Ho 2 Legislative Briefing December 15, 2025 Brandon Miles and David Foster November 17, 2025 The City of opportunity, the community of choice. w Timeline 2026 session — 60 days • Begins January 12 • Ends March 12 Supplemental Budgets — Operating, Capital, Transportation (Adjusting budgets through June 30, 2027) The legislature faces continued budgetary shortfalls due to weaker revenue projections, and additionally, must also tackle growing statewide needs and federal uncertainties. Legislative Makeup House — 59 Democrats, 39 Republicans (Rep. Zach Hal1,5t" LD appointed after filing week) Senate — 30 Democrats, 19 Republicans Nine special elections, no numeric or personal change First budget for Governor Ferguson Representation llth Legislative District Sen Bob Hasegawa — Majority Caucus Chair Committees: Business, Financial Services & Trade; State Government, Tribal Affairs & Elections; Ways & Means Rep Steve Bergquist — Committees: Human Services & Early Learning (Chair); Appropriations; Education Rep David Hackney — Committees: Consumer Protection & Business; Environment & Energy; Transportation Legislative Priorities In addition to the budget considerations issues that will continue to receive a great deal of attention are: • Education • Behavioral Health • Housing/Homelessness • Revenue —State and Local 8 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 12/15/25 LH ITEM INFORMATION ITEM No. 5.C. STAFF SPONSOR: LAUREL HUMPHREY ORIGINAL AGENDA DATE: 12/15/25 AGENDA ITEM TITLE Ordinance updating Equity and Social Justice Commission Membership CATEGORY ❑ Discussion Mtg Date ❑ Motion Mtg Date ❑ Resolution Mtg Date Z Ordinance Mtg Date 12/15/25 ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ® Council ❑ Mayor ❑ Adnain Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PJF SPONSOR'S SUILVARY The draft ordinance removes the City Councilmember position from ESJC and replaces it with a 4th community member position. This is to bring the membership in alignment with state law prohibiting Councilmembers from holding other public offices within the city. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ® Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: 11 / 24/ 25 ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: PAPYAN RECOMMENDATIONS: SPONsoR/ADMIN. Laurel Humphrey/Council-Mayor's Office COMMIIIEE Unanimous Approval; Forward to 12/15 Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/15/25 MTG. DATE ATTACHMENTS 12/15/25 Informational memo dated 11/18/25 Draft ordinance Minutes from 11/24 Finance & Gov Committee Meeting (to be distributed separately) 9 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Finance & Governance Committee FROM: Laurel Humphrey, Legislative Analyst CC: Mayor McLeod DATE: November 18, 2025 SUBJECT: Ordinance updating Equity and Social Justice Commission Membership ISSUE The proposed ordinance removes the City Councilmember position and replaces it with a 4tn community member position. BACKGROUND Upon the advice of the City Attorney, no sitting Tukwila Councilmember should also serve on a city board or commission. Under RCW 35A.12.030, a city councilmember may "hold within the city government no other public office or employment." The Washington State Supreme Court defined public office as "a position of authority, duty, or responsibility conferred by a governmental authority for a public purpose or to exercise a public function." Under this definition, city board and commission positions qualify. Further, since city commissions act as advisory bodies to the City Council, holding both roles is also likely a violation of the doctrine of incompatible offices and therefore unlawful. In response to this advice issued earlier this year, sitting and incoming appointed Councilmembers have resigned their commission seats. The Equity and Social Justice Commission is unusual in that its City Council position is included in the Municipal Code as a required part of the membership. The Equity and Social Justice Commission (formerly Equity and Diversity) was championed by the late Joan Hernandez, former City Councilmember, and this position was codified at the direction of the Council at the time. DISCUSSION The draft ordinance removes the City Councilmember position from ESJC in compliance with state law. To retain the same number of members, the position is replaced by an additional community member, which can be a resident or member of the business, non-profit, or faith - based community. There are other ways for Councilmembers to engage with City Commissioners and staff is looking at ways to enhance these relationships in future years. RECOMMENDATION Staff is seeking Committee discussion of the ordinance and a recommendation to forward to the December 15, 2025 Regular Consent Agenda. ATTACHMENTS Draft ordinance 10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2530 §5, AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 2.29.020, "MEMBERSHIP," TO REMOVE THE COUNCILMEMBER POSITION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Equity and Social Justice (formerly Equity and Diversity) Commission was established in 1996 and codified as an advisory body to the Mayor and City Council in 1998; and WHEREAS, since its inception, the Commission has included a membership position allocated specifically to a sitting City Councilmember; and WHEREAS, pursuant to RCW 35A.12.030, a "councilmember shall hold within the city government no other public office or employment except as permitted under the provision of chapter 42.23 RCW; and WHEREAS, because the Equity and Social Justice Commission serves in an advisory capacity to the Tukwila City Council, a Councilmember serving on the Commission is likely in violation of the legal principle commonly known as the doctrine of incompatible offices; and WHEREAS, it is in the best interest of the City of Tukwila that the City Council periodically review and update the functionality of its Commissions to align with state law, the current environment, and best practices; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 2.29.020 Amended. Ordinance No. 2530 §5, as codified at TMC Section 2.29.020, "Membership" subparagraphs A and B, is hereby amended to read as follows: 2025 Legislation: ESJ Commission Membership Version: 11/18/2025 Staff: L. Humphrey Page 1 of 3 11 2.29.020 Membership A. Qualifications. Members must meet at least one of the following requirements: 1. Be a resident of the City of Tukwila. 2. Own or work at a business u�u...0 within the city limits of the City of Tukwila; or 3. Work in the education field in the City of Tukwila. sed r anli2°adperatraa B. Number of Members. The Commission shall be comprised of nine members. To the extent possible, membership shall be representative of the diversity of the community and should include: 1. Two city employees and one Tukwila City Councilmember (Positions 4-4 and 7). If the City is unable to fill one of its two gumit y 2 positions a community member may fill one City empll yee position. 2. Three IF ,tp community members that meet the resident_ or businessR.... p pip p pi r fa:ft-based criteria as stated in TMC Section 2.29.020.A (Positions 1 3, 8, and 9). 3. Three members representing the education field in Tukwila (Positions 2, 5 and 8). If needed, a community member may fill one education field position. Section 2. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, a Regular Meeting thereof this day of , 2025. 2025 Legislation: ESJ Commission Membership Version: 11/18/2025 Staff: L. Humphrey [signatures to follow] Page 2 of 3 12 ATTEST/AUTHENTICATED: Andy Youn-Barnett, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney 2025 Legislation: ESJ Commission Membership Version: 11/18/2025 Staff: L. Humphrey Thomas McLeod, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 3 of 3 13 14 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 12/15/25 CT ITEM INFORMATION ITEM No. 5.D. STAFF SPONSOR: MARTY WINE ORIGINAL AGENDA DATE: 12/15/25 AGENDA ITEM TITLE Washington State Office of Public Defense 2026-2027 Grant Agreement CATEGORY ❑ Discussion Mtg Date ® Motion Mtg Date 12/15/25 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ® Mayor ❑ Adnain Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ Pir SPONSOR'S SUMNIARY The Council is being asked to authorize execution of the 2026-2027 Grant Agreement with the Washington State Office of Public Defense to receive grant funds in the amount of $80,930 REVIEWED BY ❑ Trans&Infrastructure Svcs ® Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 12/08/25 COMMITTEE CHAIR: MARTINEZ RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office COMMIT TEE Unanimous Approval; Forward to 12/15 Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $ AMOUNT BUDGETED $ APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/15/25 MTG. DATE ATTACHMENTS 12/15/25 Informational Memorandum dated 11/26/25 WSOPD 2026-2027 Grant Agreement Minutes from 12/8 Community Services and Safety Committee Meeting 15 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 16 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 17 Agreement No. IAA26078 r se Washington State 0 foce O PubUoc )e ense 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. ien City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 e ij.lentI!e iresentdt ve Cheryl Thompson Executive Coordinator City of Tukwila M istri'}. iut on A $80,930.00 For t e CII 0 nt ll nt Signature Thomas McLeod Printed Name Mayor Title Office of efense (0 711 Capitol Way South, Suite 106 PO Box 40957 Olympia, WA 98504-0957 Oresent Cave Geoffrey Hulsey Managing Attorney WA State Office of Public Defense Use''erk) January 1, 2026 through June 30, 2027 For 0 Signature Geoffrey D. Hulsey Printed Name Managing Attorney Public Defense Improvement Program, OPD Title Date Date 18 1 of 6 Agreement No. IAA26078 S eci Ter 11111 s d C di 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 19 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 e IC"Yi a Or Ter II"fid C II"fidi 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 20 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 21 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 22 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 23 City of Tukwila City Council Community Services & Safety Committee Meeting Minutes December 8, 2025- 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams Councilmembers Present: Dennis Martinez, Chair; Mohamed Abdi, Armen Papyan Staff Present: Marty Wine, John Dunn, Eric Dreyer, Eric Lund, Kris Kelly, Laurel Humphrey, David Rosen, Pete Mayer, Jefri Peters . BUSINESS AGENDA A. Grant Acceptance: 2025-2026 Washington State Office of Public Defense Staff is seeking approval to accept $80,930 from the Washington State Office of Public Defense *for the Public Defense Program through June 2027. Committee Recommendation: Unanimous approval. Forward to December 15, 2026 Regular Meeting Consent Agenda B. Olympic Heritage Agreement Amendment Staff is seeking approval to amend the police services agreement with the Washington Department of Social and Health Services to extend the date through December 31, 2030. Committee Recommendation: Unanimous approval. Forward to December 15, 2026 Regular Meeting Consent Agenda C. 2026-2031 King County Parks Levy Property Tax Agreement Staff is seeking approval of the Property Tax Levy Agreement with King County to receive passthrough funding from the levy proceeds. Committee Recommendation: Unanimous approval. Forward to December 15, 2026 Regular Meeting Consent Agenda D. Grant Acceptance: TCC Riverside Campus & Canoe Launch Project Staff is seeking approval to accept $1M funding from the King County Parks Levy Open Space - River Corridors program to fund the project. Committee Recommendation: Unanimous approval. Forward to December 15, 2026 Regular Meeting Consent Agenda E. Contract Amendment: Parks Security Services Staff is seeking approval of a contract amendment with B-Force Protection Services to extend park security services through June 2026. Committee Recommendation: Unanimous approval. Forward to December 15, 2026 Regular Meeting Consent Agenda 24 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 12/15/25 JB ITEM INFORMATION ITEM No. 5.E. STAFF SPONSOR: ERIC DREVER ORIGINAL AGENDA DATE: 12/15/25 AGENDA ITEM TITLE Olympic Heritage Police Services Agreement Amendment CATEGORY ❑ Discussion Mtg Date ® Motion Mtg Date 12/15/25 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ® Police ❑ PJF SPONSOR'S SUILMARY 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. Original agreement end date is 12/31/25. REVIEWED BY ❑ Trans&Infrastructure Svcs ® Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 12/8/25 COMMITTEE CHAIR: MARTINEZ RECOMMENDATIONS: SPONsoR/ADMIN. Police Department COMMII1EE Unanimous Approval; Forward to 12/15 Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/15/25 MTG. DATE ATTACHMENTS 12/15/25 Informational Memorandum dated 12/8/25 WA DSHS Amendment (as reviewed by City Attorney) Original Agreement 24-046 (link only/as executed Original Agreement's CAS and InfoMemo dated Dec 9th 2024 (link only) Minutes from 12/8 Commumity Services & Safety Committee 25 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Community Services & Safety Committee FROM: Eric Dreyer, Chief of Police BY: 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) 26 as'''°rel q v Department�'°ofn SSoeia'° St 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 (DIIII a Ih': ire tO 6u°rife it IVoxl". 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 CIIIIck h i'iri' IVi'u util:' r 1 i' xt. CONTRACTOR FAX CII a h it„' ri' IV E'Hie it IV( 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 CIIIIck h o re t')' rte: it IVoxl".. DSHS CONTACT E-MAIL ADDRESS blessing.guillermol@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 27 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) 28 City of Tukwila City Council Community Services & Safety Committee Meeting Minutes December 8, 2025- 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams Councilmembers Present: Dennis Martinez, Chair; Mohamed Abdi, Armen Papyan Staff Present: Marty Wine, John Dunn, Eric Dreyer, Eric Lund, Kris Kelly, Laurel Humphrey, David Rosen, Pete Mayer, Jefri Peters . BUSINESS AGENDA A. Grant Acceptance: 2025-2026 Washington State Office of Public Defense Staff is seeking approval to accept $80,930 from the Washington State Office of Public Defense for the Public Defense Program through June 2027. Committee Recommendation: Unanimous approval. Forward to December 15, 2026 Regular Meeting Consent Agenda B. Olympic Heritage Agreement Amendment Staff is seeking approval to amend the police services agreement with the Washington Department of Social and Health Services to extend the date through December 31, 2030. * Committee Recommendation: Unanimous approval. Forward to December 15, 2026 Regular Meeting Consent Agenda C. 2026-2031 King County Parks Levy Property Tax Agreement Staff is seeking approval of the Property Tax Levy Agreement with King County to receive passthrough funding from the levy proceeds. Committee Recommendation: Unanimous approval. Forward to December 15, 2026 Regular Meeting Consent Agenda D. Grant Acceptance: TCC Riverside Campus & Canoe Launch Project Staff is seeking approval to accept $1M funding from the King County Parks Levy Open Space - River Corridors program to fund the project. Committee Recommendation: Unanimous approval. Forward to December 15, 2026 Regular Meeting Consent Agenda E. Contract Amendment: Parks Security Services Staff is seeking approval of a contract amendment with B-Force Protection Services to extend park security services through June 2026. Committee Recommendation: Unanimous approval. Forward to December 15, 2026 Regular Meeting Consent Agenda 29 30 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 12/15/25 DR ITEM INFORMATION ITEM No. 5.F. STAFF SPONSOR: DAVID ROSEN ORIGINAL AGENDA DATE: 12/15/25 AGENDA ITEM TITLE Grant Acceptance: King County Open Space - River Corridors Grant - TCC Riverside Campus & Canoe Launch Project CATEGORY ❑ Discussion Mtg Date ® Motion Mtg Date 12/15/25 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ® P&R ❑ Police ❑ PJF SPONSOR'S SUILVARY The City of Tukwila Parks & Recreation Department has been awarded a $1,000,000 grant through the King County Open Space - River Corridors Grant program for the Tukwila Community Center Riverside Campus & Canoe Launch project. This project's construction is estimated to take place from Fall 2027 through Fall 2028. The contract has been reviewed and approved to form by the City Attorney. City staff recommend the City Council approve the proposed grant agreement for signing and execution by the Mayor. REVIEWED BY ❑ Trans&Infrastructure Svcs ® Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 12/8/25 COMMITTEE CHAIR: MARTINEZ RECOMMENDATIONS: SPONsoR/ADMIN. Parks & Recreation Department COMMII1EE Unanimous Approval; Forward to 12/15 Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $1,000,000 AMOUNT BUDGETED $1,000,000 APPROPRIATION REQUIRED $0.00 Fund Source: LOCAL GRANT Comments: Additional project funding includes Grants, Parks Levy Earmarks, and Park Impact Fees MTG. DATE RECORD OF COUNCIL ACTION 12/15/25 MTG. DATE ATTACHMENTS 12/15/25 Informational Memorandum dated 11/24/25 A --- Proposed King County Capital Project Grant Agreement (Contract #6492331) B --- Proposed TCC Riverside Campus Concept C --- Concept Design Renderings of TCC Riverside Campus Project Minutes from 12/8 Community Services & Safety Committee Meeting 31 Thomas McLeod, Mayor Parks & Recreation Department - Pete Mayer, Director INFORMATIONAL MEMORANDUM TO: Thomas McLeod, City of Tukwila Mayor Community Services & Safety Committee FROM: Pete Mayer, Parks & Recreation Director BY: David Rosen, Parks & Recreation Analyst DATE: November 24, 2025 SUBJECT: Grant Acceptance: 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 (OSRC) 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 as a priority 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 Campus. This work led to the creation of concept plans for a Tukwila Community Center Riverside Campus and Canoe Launch, a re -imagining of the Duwamish River waterfront located onsite. The Parks and Recreation Advisory Committee reviewed the conceptual master plan in April of 2024. In the Spring of 2025, department staff sought to prepare and submit a grant application to the King County Parks Levy Open Space — River Corridors program, which specifically supports projects that "help restore the natural functions of rivers, create or restore public access, and/or increase public awareness of river corridors as valuable natural resources." 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 local area. In total, fifteen (15) projects were submitted from across the county and Tukwila's project was ranked high enough to receive its full funding request. Staff were made aware of the project's selection for funding on July 23rd, 2025. The City's 2025-2030 Capital Improvement Program (CIP) defines the TCC Campus Master Plan project (#72530301), including estimated project costs and funding sources. Staff are taking the next step in executing the approved project. DISCUSSION Project Overview The Tukwila Community Center Riverside Campus and Canoe Launch re -develops the Duwamish River waterfront onsite into a nature -focused community gathering space, bringing the river and native Washington flora within reach of community members and park users. Improvements to the campus are planned to include, but are not limited to, improvements to the campus trail loop to allow for ADA access, a brand-new boardwalk/walkway adjacent to the Duwamish River, improved picnic areas, a non -motorized watercraft launch site, an ADA-accessible river overlook tower, and a log jam seating Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 32 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: Project Start Permit Application 60% Design SEPA/NEPA Completion ��-Hve . ana•euemo .rail All Bid Docs/Plans Finished 42nd Ave S Bridge Demo Finish 42nd Ave S Brid • e Construction Start Construction Started 50% Construction Completion 90% Construction Completion Construction Completion • King County Agreement End Date Note: The dates above are subject to change 8/1/25 1/15/26 4/1 /26 1/15/27 0/1/27 4/1/28 8/1/28 10/1/28 3/31/29 The 42nd 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 33 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 King County Parks Levy Open Space River Corridors Grant WA State RCO Water Access Grant King County 2026-2031 Parks Levy Earmark Amount Status $1, 000, 000 ........: ......... $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: 206-433-1800 • Email: Mayor TukwilaWA.gov • Website: TukwilaWA.gov 34 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 L41 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. Page 1 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 35 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: 1. 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 36 King County Parks Capital Project Grant Agreement Page 2 of 41 Last Updated: 08/24 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. RC W 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 Page 3 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 37 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. 38 Page 4 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 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. Page 5 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 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(rkiingcountyegov 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. 40 Page 6 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 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 comm unications. 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. Page 7 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 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 42 Page 8 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 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 ...._I,, 3.1), retainage fee IPC / 60.2Q), bonding (gee ....IRCW 3 . 3), use of licensed contractors (see .........I 39.06), and competitive bidding (see IRCW..................36.32 and RCW .......,...,3). 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 Page 9 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 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 (ROW) Chq.pter.40..1..4. 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. 44 Page 10 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 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....1 7..._R W; 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 Page 11 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 45 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 46 Page 12 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 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 Titll ..._ 1 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 RCW 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 .._11., 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. Page 13 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 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 IKiii q County Code (''KCC") chapters 112.116 through 112.119 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. 48 Page 14 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 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 RCW Chapter 82 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 Page 15 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 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.saim.gov or Department of Enterprise Services Debarment List which can be found at htt s://des.wa. ov/selrviices/contlractiin : ulrchasiin /doiin --busiiness-- state/vendolr--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....I . IPL.,I ,II....II, RIECORDS :COR ACT (wa ov), (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 50 Page 16 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 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 Page 17 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 52 Page 18 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 A — MAP OF FACILITY AND/OR SCHEMATIC Please see the following page. Page 19 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 53 CO •ci- CO N CO w I 0 c c c E 74. > 0 0 1— c D c 0_ >, 0 eL 2 111 '1W(1,0440 III , 11111111111111111111111 11)1 1140114 o IIt,111111 0111 lapin Nom 01loggigg111111M1111110011000iroldilgeng. :PAN f'(0'i'u'iii1011111111VD1111V1110101000000011111111,111,011111100r0110110111 000N,0 „ 0111 ' " P111 „ 011 PP, 1,11I111111,1,,„ 'Pp! 4,11,°111'1,111 I 1 1111 I lop, 0 0 0 0 1411,11,11111111111 ,'0111'11)11;1,1'1:011'1'1„110 111111 P f,t0 IP PlplIROPISP4,1 PPP 11'11UPPIP'P'Pdp'1,11'LlI,PrIP,11111P1 11,10,1,1111111111111111110 11111111111111111111111111 '1'000110 1, „dill, V11110(1111111' 011 10111111011111111111111holgivi,i) 11 m0000 loollgoogolig'1 " loologologoglogiumN '"00'1",,,0011,141010'101010Nialigo ;(11" 011110,,11111111,11,14001111111"11111001111111000101111 0,0',01;« unuolgoo'1011 0,1,1,1,11111111,111!111111, , P1111111,1 11111111111111,100,,, 01111I„Ij0k411100000011 110001,1011,11111,00/,' Ilh111111111111414111111111, 111"1 11110 „ 101,,,,,p,,,11111111111 '1111111'111,111,1,11111111111, '44 .0:1111,114,1,,,111,11,1111, 1111'1171'11'1111111011111111111100 41,11,11111111111111111111111111,111q,44"05,'„,.) :111111„1„.....„;1,100110000111111111111;;;;;;;;, „11 111„1„1111;„11111111111„1„1„1111„1„1„1„. volovill111100 „„1,„„„lidlhiloolorly101000101010001011000100001000100000001"111,10,„ 11111111111111111110 1p111 IP , 10o xo100114001100 th 11101!0111101,d0011"101110000001,000 0 0 1111W111 11110flit,i!pl0001,11111,01,101111101I100101111111,1101?0F1104110,1011111,9111,1,111,1[1111,101,1111,11g11,111,111,14011[001001111100000111110IM glIggml„1 11„ I (1101,1101,11100?,:0:10:1111111:1111111111111011111111111111111111110111111111100gII0001101100001101111011001111111111111,1011'1111 ',„ P011111111P,,p,Pr'''' 11111 I11111111'11'11' 1 1111h 1 h h 1 1 1 DR, 111111,1;11,i1uu" unnunnunnu1111111111111111111111,11,1,11,1,1,1,1,1,1,11,1,1,1 111141M0111111111111111111!11 r,,,,,,,,,1,,,,, tt,tqf ..,i,'o i;I''':11"1 11111 11114 1111111111111:'11 '4,41111„444 11 , ',1111"' ''' 1111111111111„1111111 ,,,,,, ,,,„ M111)111111111' ,1',11P 1111101i4 I 11111111 ,,11111111111' 011111,1,11111111111111,11101101, 00000000000000000000llool 011111111111111111111111111111111111111111 ' 1111,1 „PP, :4111414 01,,!,„',„0000',0.11,101:11,11 PH01111111111111111 11p111111111111111111111111111111111,1 ( /‘,J/iC'„(f w''/( nivoopooloodihoriolooloolooh "'11 PP, 1111111111111:11,;11?1111, 1,n1,11PPPPPPPPP""'I , '111'1'1'1'1'1' v,1,11011111iIIIIIII HI 111111111111 J0111111111111111111111111111 Li) L() g ;.;0 0 — PC CI, ,1)00•0 2 0 1e1,, 70, t'2 Page 20 of 41 Last Updated: 08/24 54 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 Page 21 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 Activity Timeline & Deliverables Phase/Task Deliverables Activity Description Date/Timeline Project Management & Administration Project Management & Administration Progress Reports Progress Reports submitted via Grant Portal Quarterly Project Management Plan Submit Project Management Plan November 2025 Preliminary Design Preliminary Design Plans Submit 60% Design April 2026 Pre -Construction Requirements Cultural Resource Preservation Requirement Complete Cultural Resource Preservation Requirements in alignment with requirements outlined in the Grant Agreement Due prior to any ground disturbing or construction activities - projected for November 2025 - March 2026 Property Use Requirement Complete a public access property use agreement (e.g., Restrictive Covenant) in alignment 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 Due prior to construction and/or geotechnical activities Implementation Share updates via Progress Reports Apply for Permits January 2026 Share updates via Progress Reports SEPA/NEPA Completion January 2027 Final Design Phase Final Design Plans Bid documents and plans finalized April 2027 Implementation Share updates via Progress Reports Bid Awarded/Contractor Hired June 2027 56 King County Parks Capital Project Grant Agreement Page 22 of 41 Last Updated: 08/24 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. Page 23 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 57 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. 58 Page 24 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 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. Page 25 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 59 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 60 Page 26 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 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 Page 27 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 61 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:VIII. 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, 62 Page 28 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 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. Page 29 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 63 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 (RCw65.04) 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 Ws 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. Grantee(s) 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 64 King County Parks Capital Project Grant Agreement Page 30 of 41 Last Updated: 08/24 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 Page 31 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 65 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. 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 66 Page 32 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 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. 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. 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. 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. Grant Recipient Covenants Non -Discriminatory Use of Property and Facility. Grant Page 33 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 67 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. 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. 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 68 Page 34of41 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 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. 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 Page 35 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 69 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 70 Page 36 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 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. Page 37 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 71 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 Dated: NOTARY PUBLIC Print Name: My Commission Expires: 72 Page 38 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-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. Page 39 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 73 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 74 Page 40 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 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. Page 41 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 75 76 1111111111111 ip„ivao„yuugp1i1r 'IIII'IIII1611111111111111'�'illlllllllli II�IIiIIIIIl1lul 1 111111111111111111111141II iII111111111111ii111111111 IIIIIIII;;IIIIIIIIII M111lllluuuuuul1111111111111 umuuuuu 1uum111111,,,, 11111 111111111111111111111111 Ai kvsyolioo /,)pzy, �I IIIpul11;1101 11,1111,11, 1Illoo1111lllll ollonlionolloo1111111 1 °Vluu�°NI ,.»,, » � abp�)lji w�wwwwwwuuwr�'/ ii III i a 1 uii IIIIIIIVII11 II�IIINI'"y Nl MIN'oMIIIIIIIIIIIIIIIIIIIIIII� IIIMo 77 jjA///jj���jj�jjjj „i 11111111111111111 I'11llplfiiiii,i OVA 411„'lili „„,"ln'mii llii l'I 0o iirdioi Glh�{�I��VI�III�III�ildu�i °+�li,"��VIYN!�lum��y"yya n�F��� ,?tYaPtf 111111111111111111111111 78 City of Tukwila City Council Community Services & Safety Committee Meeting Minutes December 8, 2025- 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams Councilmembers Present: Dennis Martinez, Chair; Mohamed Abdi, Armen Papyan Staff Present: Marty Wine, John Dunn, Eric Dreyer, Eric Lund, Kris Kelly, Laurel Humphrey, David Rosen, Pete Mayer, Jefri Peters . BUSINESS AGENDA A. Grant Acceptance: 2025-2026 Washington State Office of Public Defense Staff is seeking approval to accept $80,930 from the Washington State Office of Public Defense for the Public Defense Program through June 2027. Committee Recommendation: Unanimous approval. Forward to December 15, 2026 Regular Meeting Consent Agenda B. Olympic Heritage Agreement Amendment Staff is seeking approval to amend the police services agreement with the Washington Department of Social and Health Services to extend the date through December 31, 2030. Committee Recommendation: Unanimous approval. Forward to December 15, 2026 Regular Meeting Consent Agenda C. 2026-2031 King County Parks Levy Property Tax Agreement Staff is seeking approval of the Property Tax Levy Agreement with King County to receive passthrough funding from the levy proceeds. Committee Recommendation: Unanimous approval. Forward to December 15, 2026 Regular Meeting Consent Agenda D. Grant Acceptance: TCC Riverside Campus & Canoe Launch Project Staff is seeking approval to accept $1M funding from the King County Parks Levy Open Space *- River Corridors program to fund the project. Committee Recommendation: Unanimous approval. Forward to December 15, 2026 Regular Meeting Consent Agenda E. Contract Amendment: Parks Security Services Staff is seeking approval of a contract amendment with B-Force Protection Services to extend park security services through June 2026. Committee Recommendation: Unanimous approval. Forward to December 15, 2026 Regular Meeting Consent Agenda 79 80 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 12/15/25 DR ITEM INFORMATION ITEM No. 5.G. STAFF SPONSOR: DAVID ROSEN ORIGINAL AGENDA DATE: 12/15/25 AGENDA ITEM TITLE Contract Agreement: 2026 - 2031 King County Parks Levy Property Tax Levy Agreement CATEGORY ❑ Discussion Mtg Date ® Motion Mtg Date 12/15/25 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PJF SPONSOR'S SUILMARY Every six years the City of Tukwila enters into an agreement with King County to receive funds for Parks & Recreation uses through the King County Parks Property Tax Levy. The previous six -year levy expires at the end of 2025. A new six -year levy for 2026 through 2031 was approved by voters and in order to receive funds from King County, the City needs to enter into an agreement again. City staff recommend Council approve the proposed property tax levy agreement for signing by the Mayor. REVIEWED BY ❑ Trans&Infrastructure Svcs ® Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 12/8/25 COMMITTEE CHAIR: MARTINEZ RECOMMENDATIONS: SPONsoR/ADMIN. Parks & Recreation Department COMMII1EE Unanimous Approval; Forward to 12/15 Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $0.00 AMOUNT BUDGETED $0.00 APPROPRIATION REQUIRED $0.00 Fund Source: KING COUNTY PARKS LEVY PASSTHROUGH FUNDS Comm en ts: This property tax levy agreement enables the city to receive its alloted passthrough funding. MTG. DATE RECORD OF COUNCIL ACTION 12/15/25 MTG. DATE ATTACHMENTS 12/15/25 Informational Memorandum dated 11/25/25 A - Proposed Parks Property Tax Levy Agreement between King County and City of Tukwil B — King County Parks Levy FAQs Minutes from 12/8 Community Services & Safety Committee Meeting 81 Thomas McLeod, Mayor 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 +authcenter Boulevard • Tukwila, WA 9818'8 • 206-433-1800 • Website: Tukuvi1QWAgov 82 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: 206-433-1800 • Email: Mayor TukwilaWA.gov • Website: TukwilaWA.gov 83 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. 84 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' 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. I. "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 85 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. Term 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 86 2 2 .2 King County 1 Ki ty�Illl��a 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 .kin.gc .unt.y...g.pv., 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 31' 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 87 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: gcourt2kingcounty.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 c.u.r1.1sir7.gc.ur7ty.,.go2, and notifications to King County Councilmembers can be sent directly to the Councilmember's office or to cle.rk.oc ur7cia. .....gc .u.. ty.,.g v. 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 88 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 89 please contact Grayson Court, Parks Levy Manager: co.u.rt.....gc .ur ty...go r, 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 .kings .linty.. o r, 206-477-9229 (work phone), 206-247-9324 (cell phone). Page 4 of 4 90 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 Mail stop: 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 91 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 92 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 Mail stop: KSC-NR-6500 Seattle, WA 98104 wjimenez@kingcounty.gov kcparks.legalnotices@kingcounty.gov Page 6 of 7 93 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 94 City of Tukwila City Council Community Services & Safety Committee Meeting Minutes December 8, 2025- 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams Councilmembers Present: Dennis Martinez, Chair; Mohamed Abdi, Armen Papyan Staff Present: Marty Wine, John Dunn, Eric Dreyer, Eric Lund, Kris Kelly, Laurel Humphrey, David Rosen, Pete Mayer, Jefri Peters . BUSINESS AGENDA A. Grant Acceptance: 2025-2026 Washington State Office of Public Defense Staff is seeking approval to accept $80,930 from the Washington State Office of Public Defense for the Public Defense Program through June 2027. Committee Recommendation: Unanimous approval. Forward to December 15, 2026 Regular Meeting Consent Agenda B. Olympic Heritage Agreement Amendment Staff is seeking approval to amend the police services agreement with the Washington Department of Social and Health Services to extend the date through December 31, 2030. Committee Recommendation: Unanimous approval. Forward to December 15, 2026 Regular Meeting Consent Agenda C. 2026-2031 King County Parks Levy Property Tax Agreement Staff is seeking approval of the Property Tax Levy Agreement with King County to receive *passthrough funding from the levy proceeds. Committee Recommendation: Unanimous approval. Forward to December 15, 2026 Regular Meeting Consent Agenda D. Grant Acceptance: TCC Riverside Campus & Canoe Launch Project Staff is seeking approval to accept $1M funding from the King County Parks Levy Open Space - River Corridors program to fund the project. Committee Recommendation: Unanimous approval. Forward to December 15, 2026 Regular Meeting Consent Agenda E. Contract Amendment: Parks Security Services Staff is seeking approval of a contract amendment with B-Force Protection Services to extend park security services through June 2026. Committee Recommendation: Unanimous approval. Forward to December 15, 2026 Regular Meeting Consent Agenda 95 96 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 12/15/25 DR ITEM INFORMATION ITEM No. 5.H. STAFF SPONSOR: KRIS KELLY ORIGINAL AGENDA DATE: 12/15/25 AGENDA ITEM TITLE Contract Amendment: Parks Security Services — B-Force Protection Services CATEGORY ❑ Discussion Mtg Date ® Motion Mtg Date 12/15/25 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ® P&R ❑ Police ❑ PJF SPONSOR'S SUILMARY The Parks and Recreation Department seeks to amend Contract 23-010 to extend the requested services through June 2026. This three-month contract extension will add approximately $45,095.58 to the total contract which, per city policy, will require city council approval before mayoral signature and execution. City staff recommend this contract amendment be approved on the December 15th Regular Meeting Consent Agenda. REVIEWED BY ❑ Trans&Infrastructure Svcs ® Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 12/8/25 COMMITTEE CHAIR: MARTINEZ RECOMMENDATIONS: SPONsoR/ADMIN. Parks & Recreation COMMIIIEE Unanimous Approval; Forward to 12/15 Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $45,095.58 AMOUNT BUDGETED $45,095.58 APPROPRIATION REQUIRED $0 Fund Source: GENERAL FUND Comments: Encumbrance of contract can be covered utilizing current Police Department FY26 Budget MTG. DATE RECORD OF COUNCIL ACTION 12/15/25 MTG. DATE ATTACHMENTS 12/15/25 Informational Memorandum dated 12/1/25 A --- Proposed Contract Amendment 23-010(d) and Accompanying Exhibits Minutes from 12/8 Community Services & Safety Committee Meeting 97 Thomas McLeod, Mayor TO: Parks & Recreation Department - 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 1st 2025. As of January 1st, 2026, the effective sales tax within the City of Tukwila will be 10.3%. Tukwila City Hall • 6200 +authcenter Boulevard • Tukwila, WA 9818'8 • 206-433-1800 • Website: Tukwi1QWAgov 98 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: 206-433-1800 • Email: Mayor TukwilaWA.gov • Website: TukwilaWA.gov 99 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 2026. 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 lst day of December, 2025. CA Reviewed May 2020 1 00 Page 1 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 50' 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 2 of 3 101 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 23-010(d) ** City signatures to be obtained by ** Contractor signature to be obtained by City Clerk's Staff ONLY. ** 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: �,� CA Reviewed May 2020 1 Page 3 of 3 City of Tukwila City Council Community Services & Safety Committee Meeting Minutes December 8, 2025- 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams Councilmembers Present: Dennis Martinez, Chair; Mohamed Abdi, Armen Papyan Staff Present: Marty Wine, John Dunn, Eric Dreyer, Eric Lund, Kris Kelly, Laurel Humphrey, David Rosen, Pete Mayer, Jefri Peters . BUSINESS AGENDA A. Grant Acceptance: 2025-2026 Washington State Office of Public Defense Staff is seeking approval to accept $80,930 from the Washington State Office of Public Defense for the Public Defense Program through June 2027. Committee Recommendation: Unanimous approval. Forward to December 15, 2026 Regular Meeting Consent Agenda B. Olympic Heritage Agreement Amendment Staff is seeking approval to amend the police services agreement with the Washington Department of Social and Health Services to extend the date through December 31, 2030. Committee Recommendation: Unanimous approval. Forward to December 15, 2026 Regular Meeting Consent Agenda C. 2026-2031 King County Parks Levy Property Tax Agreement Staff is seeking approval of the Property Tax Levy Agreement with King County to receive passthrough funding from the levy proceeds. Committee Recommendation: Unanimous approval. Forward to December 15, 2026 Regular Meeting Consent Agenda D. Grant Acceptance: TCC Riverside Campus & Canoe Launch Project Staff is seeking approval to accept $1M funding from the King County Parks Levy Open Space - River Corridors program to fund the project. Committee Recommendation: Unanimous approval. Forward to December 15, 2026 Regular Meeting Consent Agenda E. Contract Amendment: Parks Security Services Staff is seeking approval of a contract amendment with B-Force Protection Services to extend *park security services through June 2026. Committee Recommendation: Unanimous approval. Forward to December 15, 2026 Regular Meeting Consent Agenda 103 104 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 12/15/25 DR ITEM INFORMATION ITEM No. 5.1. STAFF SPONSOR: JOHN DUNN ORIGINAL AGENDA DATE: 12/15/25 AGENDA ITEM TITLE Contract Amendment: Assignment of FGL Concessionaire Lease (Contract 23-121) to Cater 4 You, LLC CATEGORY ❑ Discussion Mtg Date ® Motion Mtg Date 12/15/25 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ® P&R ❑ Police ❑ PJF SPONSOR'S SUILVARY 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. Department staff have completed a review of Cater 4 You, LLC's operations, references, and financial condition, and recommend City Council approve the proposed assignment of Contract 23-121. REVIEWED BY ❑ Trans&Infrastructure Svcs ® Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 12/8/25 COMMITTEE CHAIR: MARTINEZ RECOMMENDATIONS: SPONsoR/ADMIN. Parks & Recreation Department COMMIIIEE Unanimous Approval; Forward to 12/15 Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $0.00 AMOUNT BUDGETED $0.00 APPROPRIATION REQUIRED $0.00 Fund Source: N/A Comments: Impacts on General and Foster Golf Links Fund revenues are indeterminate at this time MTG. DATE RECORD OF COUNCIL ACTION 12/15/25 MTG. DATE ATTACHMENTS 12/15/25 Informational Memorandum dated 11/25/25 A — Proposed Assignment, Assumption, & Consent Agreement (23-121 Amendment) B — Pasifika NW Grill & Bar Proposed Business Plan C — Pasifika NW Grill & Bar Menu Samples (Full, Breakfast, and Grab-N-Go) Minutes from 12/8 Community Services & Safety Committee Meeting 105 Thomas McLeod, Mayor Parks & Recreation Department - Pete Mayer, 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 +authcenter Boulevard • Tukwila, WA 9818'8 • 206-433-1800 • Website: Tukuvi1QWAgov 106 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 TukwilaWA.gov • Website: TukwilaWA.gov 107 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 {J BS4918-7264-7289;1/13175.000001/} CONTRACT NO. 23-121: ASSIGNMENT, ASSUMPTION, & CONSENT AGREEMENT 108 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 perform 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 term 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 41' 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 {J BS4918-7264-7289;1/13175.000001/} CONTRACT NO. 23-121: ASSIGNMENT, ASSUMPTION, & CONSENT AGREEMENT 109 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 instalment 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: {J BS4918-7264-7289;1/13175.000001/} By: Name: Title: Date: CITY OF TUKWILA By: Name: Title: Date: Page 3 CONTRACT NO. 23-121: ASSIGNMENT, ASSUMPTION, & CONSENT AGREEMENT 110 EXHIBIT A CONTRACT TO BE ASSIGNED Foster Golf Course Restaurant Concession Agreement, June 28, 2023, Contract No. 23-121. CONTRACT NO. 23-121: ASSIGNMENT, Page 4 ASSUMPTION, & CONSENT AGREEMENT 111 PASIFIKA NW GRILL AND BAR 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 will also integrate catering operations to maximize kitchen utilization and revenue streams. 1IIII::^::;u 112 PASIFIKA NW GRILL AND BAR 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 2IIII::^::;u 113 PASIFIKA NW GRILL AND BAR 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, while 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: 31III::1::;u 114 PASIFIKA NW GRILL AND BAR 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 4IIII::^::;u 115 PASIFIKA NW GRILL AND BAR 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, 5 IIC:"°' 116 PASIFIKA NW GRILL AND BAR 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 upsetting 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 6IIII::^::;u Year1 Year2 $2,800,000 $3,220,000 $980,000 $1,127,000 $1,820,000 $2,093,000 $1,400,000 $1,288,000 Year 3 $3,703,000 $1,296,050 $2,406,950 $1,296,050 (50%) (40%) (35%) Year 4 $4,258,450 $1,490,458 $2,767,992 $1,490,458 Year5 $4,897,218 $1,714,026 $3,183,192 $1,714,026 (35%) (35%) 117 PASIFIKA NW GRILL AND BAR Category Operating Expenses (Rent, Utilities, Marketing, Admin) Year 1 Year2 Year 3 Year 4 Year5 $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 71III::1::;u 118 PASIFIKA NW GRILL AND BAR 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 & Rebranding 1-2 Renovations, design updates, staff hiring, menu development, continued 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. 8IIC:"'::;pd`.'."; 119 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 — $19.00 120 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 — $22.00 121 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) — $38.00 122 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. 123 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 Bette' 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 — $15 124 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 moiito. 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. 125 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: chef's 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 126 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. 127 Community Services & Safety Committee Minutes December 8, 2025 F. Contract Amendment: Foster Golf Links Concessionaire Lease Staff is seeking approval to assign the remainder of the concessionaire lease to Cater 4 You, LLC. Committee Recommendation: Unanimous approval. Forward to December 15, 2026 Regular Meeting Consent Agenda II. MISCELLANEOUS The meeting adjourned at 5:53 p.m. DM Committee Chair Approval 128 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 12/15/2025 NW ITEM INFORMATION ITEM No. 5.J. STAFF SPONSOR: NICK WAGGOOD ORIGINAL AGENDA DATE: 12/15/25 AGENDA ITEM TITLE Updated Rental Housing Fee Resolution CATEGORY ❑ Discussion Mtg Date ❑ Motion Mtg Date Z Resolution Mtg Date 12/15/25 ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Adnain Svcs ® DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PJF SPONSOR'S SUILVARY The current adopted fee table for the City's Residential Rental Business License and Inspection program is established through 2025. Annual fee adjustments are necessary to maintain cost recovery for inspection, licensing, and enforcement activities. As inspection staffing needs and enforcement workloads have increased, modest and predictable fee increases are preferable to large, infrequent adjustments. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ® Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: COMMITTEE CHAIR: HEDRICK RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development COMMII IEE Unanimous Approval; Forward to 12/15 Regular Consent agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $0 AMOUNT BUDGETED $0 APPROPRIATION REQUIRED $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/15/2025 MTG. DATE ATTACHMENTS 12/15/2025 Informational Memorandum dated 11/12/2025 Draft Resolution Rental Housing Inspection Form Minutes from the 12/8 Planning & Community Development Committee Meeting 129 Thomas McLeod, Mayor Department of Co rraunity Development - Nora Gierloff, MCP, Director INFORMATIONAL MEMORANDUM TO: Planning and Community Development Committee FROM: Nora Gierloff, Community Development Director BY: Nick Waggood, Building Official CC: Mayor Thomas McLeod DATE: November 12t", 2025 SUBJECT: Updated Rental Housing Fee Resolution ISSUE Establish a new fee schedule for the Residential Rental Business License and Inspection program, consisting of a 5 percent increase applied each year, with results rounded to whole dollars, plus flat fee increases to fines and penalties to better align revenue with the actual administrative and enforcement costs. BACKGROUND The City established the Residential Rental Business License and Inspection Program in 2010 after discovering severely deteriorated conditions at an apartment building that required all units to be vacated and rehabbed. The goal was to take proactive action to protect the public health, safety, and welfare by ensuring the proper maintenance of such housing, identifying and requiring correction of substandard housing conditions, and preventing conditions of deterioration and blight that could adversely impact the quality of life for the majority of our residents who live in rental housing. Each unit is required to be inspected once every 4 years. During the first inspection cycle (2010-2014) we had many units fail. This number was reduced after subsequent inspections were performed during the next cycle, demonstrating steady improvement in overall housing quality. In 2020 and 2021 inspections were paused due to the pandemic. In 2022 when we began scheduling rental inspections, again we found that many property owners had deferred maintenance, causing units to deteriorate and therefore fail rental inspections. This shows that the program has been effective in improving overall rental housing quality in the city. It is clear that without regular inspections rental housing conditions, and our residents, will suffer. DISCUSSION The current adopted fee table for the City's Residential Rental Business License and Inspection program is established through 2025. Annual fee adjustments are necessary to maintain cost recovery for inspection, licensing, and enforcement activities. As inspection staffing needs and enforcement workloads have increased, modest and predictable fee increases are preferable to large, infrequent adjustments. A five percent annual increase aligns with recent practice and provides a simple, consistent structure for both Tukwila City Hall • 6200 Southcenter B+ ulevard • Tukwila, WA 98188 • 206-433-1800 • ite:: TukwifQWAgaav 130 landlords and staff, while rounding to whole dollars simplifies billing. In addition, fines and late fees are proposed as flat increases rather than percentage -based adjustments to better reflect the fixed administrative cost associated with processing and enforcing violations. In order to target our resources toward less well -maintained properties staff proposes to develop code changes to allow properties that pass two inspection cycles with no significant findings to skip an inspection cycle. Staff will return in 2026 with options for the Council's review. There are a total of 585 rental licenses for 4,921 units in the City. As of November 4, 2025, 3 properties have yet to renew their 2025 rental license. Not including new rental licenses, 26 licenses are still due for inspection in 2025; 96 licenses/506 units are due for inspection in 2026. FINANCIAL IMPACT The proposed fee increases will help offset the programs' staffing costs while continuing to provide these necessary services. RECOMMENDATION The Council is being asked to approve the resolution for 2026-2028 fees and forward this item to the consent agenda at the December 15, 2025 Regular Meeting. ATTACHMENTS Attachment A. Draft Residential Rental Licensing Fee Resolution Attachment B. Rental Housing— Inspection Checklist Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.,gov 131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A RESIDENTIAL RENTAL BUSINESS LICENSE AND INSPECTION PROGRAM FEE SCHEDULE; AND REPEALING RESOLUTION NO. 2054. WHEREAS, the City has adopted a Residential Rental Business License and Inspection Program, pursuant to Tukwila Municipal Code Chapter 5.06; and WHEREAS, the program has significantly improved the condition of the City's rental housing stock over the past 16 years; and WHEREAS, the City is authorized to impose fees for services rendered; and WHEREAS, the fees for this program are intended to offset most of the cost of providing this service; and WHEREAS, the continued renewal of Residential Rental Business Licenses and up- to-date rental inspections are critical to maintaining safe and healthy rental housing; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Residential Rental Business License and Inspection Program fees will be charged according to the following schedule: RESIDENTIAL RENTAL BUSINESS LICENSE AND INSPECTION FEES DESCRIPTION 2025 2026 LICENSE 2027 LICENSE 2028 LICENSE LICENSE Annual Residential Rental Business License: Property with one, two, three or four units $ 88.00 $ 93.00 $ 98.00 $103.00 Property with 5 to 20 units $229.00 $241.00 $254.00 $267.00 2025 Legislation: Rental Housing Fee Update Version: 12/01/2025 Staff: N. Waggood Page 1 of 2 132 Property with 21 to 50 units $287.00 $302.00 $318.00 $334.00 Property with 51 or more units $357.00 $375.00 $394.00 $414.00 ... are License se foes for units rented for the first time on or after July ` of of oar.. oa yearby 50%,.. Late fee per month if existing license is not renewed before March 1 $ 10.00 $ 15.00 $ 20.00 $ 25.00 Penalty fee if a new unit is leased before a license and inspection is obtained $ 50.00 $ 65.00 $ 75.00 $ 85.00 Rental Inspection Fees (City Inspector): Inspection fee per unit, first 4 units $ 83.00 $ 88.00 $ 93.00 $ 98.00 Additional unit inspections up to 12 units $ 39.00 $ 41.00 $ 44.00 $ 47.00 Re -inspection fee per unit $ 39.00 $ 41.00 $ 44.00 $ 47.00 Late fee per unit, per month, if Inspection Checklist is not submitted by September 30 of the year it is due $ 10.00 $ 15.00 $ 20.00 $ 25.00 III -III e aIr°OOlon : IIIIIII x uui�n° IIIoiner A. �me ulll III"-ee Set lb II"'ZesoIII ut.lioon 21i ®5 �� Ill 111 � y Hearing Examiner appeal fee $823.62 $858.21 $ - $ - Section 2. Repealer. Resolution No. 2054 is hereby repealed in its entirety as of 11:59 p.m. on December 31, 2025. Section 3. Effective Date. This resolution and the fee schedule contained herein shall be effective as of 12:00 a.m. on January 1, 2026. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, a a Regular Meeting thereof this day of , 2025. ATTEST/AUTHENTICATED: Andy Youn-Barnett, CMC, City Clerk Tosh Sharp, Council President APPROVED AS TO FORM BY: Office of the City Attorney 2025 Legislation: Rental Housing Fee Update Version: 12/01/2025 Staff: N. Waggood Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 2 of 2 133 Attachment B Rental Housing — Inspection Checklist 134 Single-family r` Fourplex r Condominium c Apartment w/5+ units -Duplex c Accessory Dwelling Unit Triplex c Studio/Efficiency Unit INSPECTOR SIGNATURE CITY OF TUKWILA Property Owner: Rental Address: Property Name: Unit #: Bedrooms: Rental Housing Program - Inspection Report and Checklist UNIT DOES NOT PASS IF INSPECTION RESULTS EQUAL 25 POINTS OR MORE Zone: Bathrooms: Dwelling Type CITY OF TUKWILA OFFICIAL RENTAL INSPECTION REPORT DATE OF INSPECTION: INSPECTOR NAME (PRINTED): REINSPECTION REQUIRED? NEXT INSPECTION DUE BY: POST INSPECTION COMMENTS / REQUIRED CORRECTIVE ACTIONS HAZARDS Check all hazards that apply. +/ Plumbing system hazards found - IPMC 5o4.3 Mechanical equipment improperly installed and maintained - IPMC6O3.1 Un-Permitted construction work-TMc 16.04.020 Unsafe condition/structure - IPMC 304.1 Combustion air supply is inadequate for fuel burning equipment-IPMC603.5 Unit does NOT have electrical service provided by utility-IPMc6o4.1 Electrical system hazards found-IPMc6o4.3 Other hazards found-IPMc108 Describe hazard: Fire doors are blocked, obstructed, or inoperable-IPMc7o3.2 Inadequate emergency egress from one or more habitable spaces- IPMC 7o2.4 Doors, bars, grilles, grates over emergency escape openings are NOT readily operable from inside, without keys or special knowledge - IPMc 702.3 & 702.4 Missing/inoperable Smoke detector(s): Detectors required for each story; each bedroom; immediately outside each sleeping area -IPMC 7oa Missing or inoperable Carbon monoxide detector(s): Detectors required for each story; immediately outside each sleeping area -RCw19.27.530 One or more bedroom under 70 sq ft- IPMC 4o4.4.1 FILE # Inspection Results Final Inspection Score COMMENTS each hazard present add 25 points to Final Inspection Score ca RENTAL HOUSING INSPECTION CHECKLIST rn DIRECTIONS: If code standard is not met the inspector will mark the applicable section with the appropriate point value based on the severity of the violation. Severity levels are defined as minor, moderate, or severe (except where only a single score option is provided). The inspector will mark NA if not applicable and will add inspection notes to support ratings. Sections left blank indicate compliance with the referenced standards. Total score shall be calculated based on assigned non-compliance point values assigned to each violation and severity level. An inspection does not pass if there is a total of 25 or more non-compliance points (NC-PTS). INTERIOR CONDITIONS INTERNATIONAL PROPERTY MAINTENANCE CODE (IPMC) STANDARD e�,� \\,' ������ - .i,-\� ,c5-6 o,c5.6 ,c5-6 ,ae '4:5e '4:5e '4:5e��000r� �,cc tc` c>es6, e Windows and frames in good repair- IPMC 305.3 1 2 3 0 Floor surface in good repair- IPMC 305.4 1 2 3 0 Wall surface in good repair - IPMC305.3 1 2 3 0 No visible mold, mildew, or signs of moisture or leaks-IPMC504.1 1 5 25 0 Adequate source of heat - IPMC 602.3&602.5 25 0 No evidence of insect or rodent infestation/harborage-irmc302.5&309 3 10 25 0 Functional lighting fixtures-IPmc4o2.2&402.3 1 2 3 0 Two separate & remote electrical outlets per room-IPMC605.2 2 0 Minimum of 1 openable, approved -size window facing directly to the outdoors-irmc 1 5 25 0 402.1 & 403.1 Stove vent properly connected and functional - IPMC 302.6&403.4 1 0 Has a clear path of not less than 3' clearance between counterfronts and appliances or walls- IPMC404.2 1 5 25 0 Has kitchen sink, cooking stove, refrigerator, and counter space -IPmc404.7&502.1 25 0 1 grounded -type receptable or GFCI: laundry, kitchen, garage, basement -irmc605.2 1 0 Hot and cold water to all plumbed fixtures-IPmc505.1 25 0 Clothes dryer exhaust vented properly to exterior -IPmc4o3.5 2 10 25 0 Water heater correctly installed - IPMC 505.4 3 10 25 0 Door for privacy, in good repair, securely attached - IPMC 503.1 1 2 3 0 Separate bathroom with toilet, sink, & tub/shower - IPMC 404.4.3 25 0 Bathroom/toilet room properly ventilated (openable screened window or functional mechanical fan)- IPMC 403.2 2 0 Has at least one electrical receptacle -IPmc605.2 1 0 INSPECTION NOTES: EXTERIOR STRUCTURE / EXTERIOR PROPERTY se N.¢, ¢ o y a INTERNATIONAL PROPERTY MAINTENANCE CODE (IPMC) STANDARD e+`.yNte+`.•.�c; •c,°� ��¢tye¢�45> Surfaces in good repair- IPMC 304.2 1 2 3 0 Address numbers 4" tall & visible from the street-IPmc304.3 1 0 Strutural members in good repair-irmc304.4 3 10 25 0 Foundation walls in good repair-ipmc304.5 3 10 25 0 Exterior walls in good repair-ipmc304.6 3 10 25 0 Roof and drainage in good repair-ipmc304.7 2 10 25 0 Decorative features in good repair- IPMC 304.s 1 0 Overhang extensions in good repair- IPMC 304.9 2 10 25 0 Stairways, decks, porches, balconies in good repair-irmc304.10 3 10 25 0 Handrails and guardrails firmly fastened-irmc3o4.12 2 10 25 0 Chimneys and towers in good repair-irmc304.11 3 10 25 0 Exterior doors in good repair; deadbolt locks operable by knob; deadbolt throw not less than 1 inch - IPMC 304.15 2 10 25 0 Clean, safe & sanitary/no uncontained debris-IPmc302.1 1 5 10 0 Approved waste containers w/tight fitting lids-IPmc3os 1 5 10 0 Sidewalks/driveways free of hazards-IPMC302.3 1 3 5 0 No weeds in excess of 12 inches-IPmc302.4 1 3 10 0 No evidence of insect or rodent infestation/harborage-irmc302.5&309 3 10 25 0 Accessory structures in good repair- IPMC 302.7 3 10 25 0 No junk vehicles/repair outside garage-IPmc302.s 1 5 10 0 Free from graffiti -IPMC 302.9 1 3 5 0 No standing water or erosion- IPMC 302.2 2 0 Swimming Pools, Spas & Hot Tubs - Clean, sanitary, in good repair-IPmc303.1 1 5 10 0 Swimming Pools, Spas & Hot Tubs - Enclosure 60" high, w/self-closing latch-IPmc303.2 3 10 25 0 INSPECTION NOTES W co ADDITIONAL INSPECTION NOTES City of Tukwila City Council Planning & Community Development Committee Meeting Minutes December 8, 2025, 5:30 p.m. - Hybrid Meeting; City Council Conference Room & MS Teams Councilmembers Present: Joe Camacho, Acting Chair; Jane Ho Staff Present: Nora Gierloff, Brandon Miles Guest: Jon Napier, Puget Sound Fire Acting Chair Camacho called the meeting to order at 5:30 p.m. BUSINESS AGENDA A. Resolution: 2026 Fire Permit Review Fees Puget Sound Fire is seeking approval of a resolution that would adopt an updated fee schedule to ensure full cost recovery for permits, inspections, and related services effective January 1, 2026. Committee Recommendation Majority approval. Forward to December 15, 2025 Regular Consent Agenda. B. Lodging Tax Funding Requests: City of Tukwila & PacNW Tournament Rebate The Lodging Tax Advisory Committee has recommended funding Seattle Southside's request for $40,000 through 2027 to provide hotel room rebates during the PacNW Winter Classic soccer tournament held annually in January. Committee Recommendation Majority approval. Forward to December 15, 2025 Regular Consent Agenda. C. Resolution: Rental Housing Fees Staff is seeking approval of a resolution that would adopt an updated fee schedule for the Residential Rental Business License & Inspection Program to better align revenue with costs. Items) for follow-up: Provide annual update and potential code changes in 2026. Committee Recommendation Majority approval. Forward to December 15, 2025 Regular Consent Agenda. MISCELLANEOUS The meeting adjourned at 6:00 p.m. JTC Committee Chair Approval 139 140 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 12/15/25 MB ITEM INFORMATION ITEM No. 5.K. STAFF SPONSOR: JON NAPIER (PSRFA) ORIGINAL AGENDA DATE: 12/15/25 AGENDA ITEM TITLE 2026 Fire Fees Resolution CATEGORY ❑ Discussion Mtg Date ❑ Motion Mtg Date Z Resolution Mtg Date 12/15/25 ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ® DCD ❑ Finance ® Fire ❑ P&R ❑ Police ❑ PJF SPONSOR'S SUILVARY The City's current Fire Department Fee Schedule, adopted under Resolution No. 2065, no longer reflects the actual cost of services provided by the Puget Sound Regional Fire Authority (PSRFA). The City seeks to adopt a revised fee schedule to ensure full cost recovery for fire permits, inspections, and related services, effective January 1, 2026. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ® Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 12/8/25 COMMITTEE CHAIR: HEDRICK RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development COMMII IEE Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $0 AMOUNT BUDGETED $0 APPROPRIATION REQUIRED $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/15/2025 MTG. DATE ATTACHMENTS 12/15/2025 Informational Memorandum dated 12/2/2025 Draft Resolution Minutes from the 12/8 Planning & Community Development Committee Meeting 141 TO: FROM: BY: City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM Planning and Community Development Nora Gierloff, DCD Director Jon Napier — PSRFA Fire Marshal Max Baker — DCD Development Supervisor CC: Thomas McLeod DATE: December 8, 2025 SUBJECT: Revised Fire Department Fee Schedule ISSUE The City's current Fire Department Fee Schedule, adopted under Resolution No. 2056, no longer reflects the actual cost of services provided by the Puget Sound Regional Fire Authority (PSRFA). The City seeks to adopt a revised fee schedule to ensure full cost recovery for fire permits, inspections, and related services, effective January 1, 2026. BACKGROUND The City of Tukwila periodically reviews its fee schedules to ensure they are aligned with the cost of service delivery and consistent with regional practices. Fire prevention services, including plan review, inspections, and operational permitting, are provided through an interlocal agreement with PSRFA. As part of this review cycle, PSRFA staff evaluated the current Fire Department Fee Schedule and identified the need for updates to better reflect actual service costs and improve cost recovery. The proposed resolution includes a revised fee structure that supports the City's financial sustainability goals and ensures that users of fire services are paying equitably for those services. The full resolution and updated fee schedule will be attached for Council review. ANALYSIS The revised Fire Department Fee Schedule introduces several structural and rate changes intended to align fees with the actual cost of service delivery. Fire construction permit fees will now be based on total project valuation, using a tiered formula similar to building permit models. Fire Plan Review fees are set at 65% of the Fire Permit fee, while Single -Family and Commercial Fire Reviews are calculated as a percentage of the Building Permit fee. Specialty permits, such as those for fireworks displays, tank installations or removals, and hazardous materials storage, have been updated to reflect current service demands and staffing costs. The schedule also introduces clearer rates for alternative materials and methods reviews, resubmittals, and after-hours services. Operational permits and life safety inspections have been standardized, and administrative fees, including technology and credit card processing charges, have been clarified and applied consistently. Reinspection and appeal fees have also been updated to ensure they reflect the staff time and resources required. The Department of Community Development's full fee schedule is set to be reviewed in Fall 2026 to evaluate whether the City is achieving its goal of 100% cost recovery. 142 INFORMATIONAL MEMO Page 2 FINANCIAL IMPACT The updated fee schedule is expected to more fully cover the costs of PSRFA's fire permit review fee services as part of development review. This change supports the City's broader financial sustainability and cost recovery objectives. RECOMMENDATION Staff recommends that the City Council adopt the resolution to repeal Resolution No. 2056 and approve the revised Fire Department Fee Schedule, effective January 1, 2026. This action will align fire service fees with actual costs, improve transparency, and support long-term fiscal health. The Council is being asked to adopt the resolution at the December 15, 2025 Regular Meeting. ATTACHMENTS Proposed Fire Permit Fee Resolution https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/CC Docs/2025 AGENDAS/2025 Agenda Packets/2025 PCD - Agenda Packets/12-08-25 - PCD Packet/2026 Fire Fee Resolution/2026 Fire Fees Resolution Info Memo.docx 143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A REVISED FIRE DEPARTMENT FEE SCHEDULE; AND REPEALING RESOLUTION NO. 2065. WHEREAS, the City has analyzed current Fire Department fees for various services provided including, but not limited to, permits, plan review and re -inspections; and WHEREAS, the City Council wishes to fully recover the City's costs for processing of permit applications, plan reviews, re -inspections, and other services provided by the Puget Sound Regional Fire Authority; and WHEREAS, the Fire Department Fee Schedule will be evaluated in the Fall of 2026 to ensure the expected revenues are achieving the City's goal of 100% cost recovery. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Repealer. Resolution No. 2065 is hereby repealed. Section 2. Tukwila Fire Permit Fee Schedule. Tukwila Fire Permit fees will be charged according to the following schedule, which shall supersede any previously adopted fire permit fee, plan review fee or re -inspection fee. 2025 Legislation: Fire Permit Fees Version: 12/02/2025 Staff: M. Baker Page 1 of 4 144 TUKWILA FIRE PERMIT FEE SCHEDULE FIRE CONSTRUCT ON PERMITS Development Review Fee Fire Plan Review 65% of Fire Permit Fee Fire Permit See Total Valuation Table (below) Single Family Review 42% of Building Permit Fee Commercial Review 58% Building Permit Fee Fireworks (pyrotechnic) — Sales or Display Permit $350.00 5 00 event. per Additional Fire Department standby costs may be required — Contact Puget Sound Regional Fire Authority. I 00`:1r oo ks...(pyoc u ... lkks 1 0 00 uII'. 'II '.�Y�II �ru` 11,1.0 /0 // 555 Tank — Removal, Abandonment, or Installation Permit tank $100.00 45 1 per Total Valuation. Permit Fee Calculator $1.00 to $500.00 $1 /1 8.50 1 / 36 $501.00 to $2,000.00 $1/18.50 1 / 36 for the first $500.00, $19.80 2 31 for plus each additional $100.00, or fraction thereof, to and including $2,000.00. $2,001.00 to $25,000.00 $/1/15.50 $502 08 for the first $2,000.00, $88.00 9 18 plus for each additional $1,000.00, or fraction thereof, to and including $25,000.00. $25,001.00 to $50,000.00 $2,/169.50 $2,1/83 13 for the first $25,000.00, $66.00 plus ..„$14 38 for each additional $1,000.00, or fraction thereof, to and including $50,000.00. $50,001.00 to $100,000.00 $/1,119.50 $4,1642 68 for the first $50,000.00, $/1/1.00 plus $49 59 for each additional $1,000.00, or fraction thereof, to and including $100,000.00. $100,001.00 to $500,000.00 $6,319.50 $1,12208 for the first $100,000.00, $35.20 plus 6/ for each additional $1,000.00, or fraction thereof, to and including $500,000.00. $500,001.00 to $1,000,000.00 $20,399.50 1 for the first $500,000.00, ,990 plus $33.00 $3/ 19 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00. $1,000,001.00 and up $,11,55 OTHER FIRE SERVICES After -Hours Expedited Fire Plan Review Contact Puget Sound Regional Fire Authority for rate. 2025 Legislation: Fire Permit Fees Version: 12/02/2025 Staff: M. Baker Page 2 of 4 145 After -Hours Expedited Fire Inspection Contact Puget Sound Authority for rate Regional Fire Fire ReviewAlternative Materials and Methods: Residential $275.00 1 „ Fire Review -- Alternative Materials and Methods: Commercial $550.00 311 „ Other Review - Resubmittals, Changes, Deferred Submittals, Additions, or Revisions to Plans. Fees will be assessed after first re -submittal. $225.00 per hour..............: .....4 LIFE SAFETY INSPECTIONS AND OPERATIONAL PERMITS Operational Fire Permits regulated by the International Fire Code:.......:...:........ • High Pile Storage • Hazardous Materials $387.20 117 00 each All other Operational Fire Permits regulated by the International Fire Code, and as amended in TMC Chapter 16.16, that do not have a separate listing in the fee schedule $193.60 each ....0� ..............1 *Optional Fire Permits may be prorated "Mobile" Operational Fire Permits $193.60 vehicle if per inspected in Tukwila $96.80 vehicle if per inspected by another firo agency New Business Life Safety Inspection $75.00 „81,0 Annual Life Safety Inspection $75.00 1j110 ADMINISTRATIVE FEES Fire Protection System Confidence Testing Compliance Services $15.00 1/ 33 system .....:........ per Starting work before a permit issuance shall be subject to an investigation fee equal to 100% of applicable permit fees. A 5% Technology Fee will be added to all Fire fees unless the Technology Fee is already being charged by another City department. A 3% processing fee will be added if payment is made by credit card for Fire fees. Recovery of Hazardous Incident Response Costs Minimum fee for incident TMC Chapter 6.14 response costs - $275.00, any "extraordinary costs" plus as defined TMC Chapter per 6.1/1. 2025 Legislation: Fire Permit Fees Version: 12/02/2025 Staff: M. Baker Page 3 of 4 146 REINSPECTION FEES: For Construction Permits, Operational Permits, life safety inspections or spot inspections. TMC 16.16.030 $200.00 200.0 re - .°.. per inspection APPEAL FEE TMC 16.16.030 $550.00 0020.00 ..................................... Special Event Permit TMC 16.16.030 $'150.00 0 3 02 Section 3. Effective Date. This resolution and the fee schedule contained herein shall be effective January 1, 2026. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON at the Regular Meeting thereof this day of , 2025. ATTEST/AUTHENTICATED: Andy Youn-Barnett, CMC, City Clerk Tosh Sharp, Council President APPROVED AS TO FORM BY: Office of the City Attorney 2025 Legislation: Fire Permit Fees Version: 12/02/2025 Staff: M. Baker Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 4 of 4 147 City of Tukwila City Council Planning & Community Development Committee Meeting Minutes December 8, 2025, 5:30 p.m. - Hybrid Meeting; City Council Conference Room & MS Teams Councilmembers Present: Joe Camacho, Acting Chair; Jane Ho Staff Present: Nora Gierloff, Brandon Miles Guest: Jon Napier, Puget Sound Fire Acting Chair Camacho called the meeting to order at 5:30 p.m. BUSINESS AGENDA A. Resolution: 2026 Fire Permit Review Fees Puget Sound Fire is seeking approval of a resolution that would adopt an updated fee schedule *to ensure full cost recovery for permits, inspections, and related services effective January 1, 2026. Committee Recommendation Majority approval. Forward to December 15, 2025 Regular Consent Agenda. B. Lodging Tax Funding Requests: City of Tukwila & PacNW Tournament Rebate The Lodging Tax Advisory Committee has recommended funding Seattle Southside's request for $40,000 through 2027 to provide hotel room rebates during the PacNW Winter Classic soccer tournament held annually in January. Committee Recommendation Majority approval. Forward to December 15, 2025 Regular Consent Agenda. C. Resolution: Rental Housing Fees Staff is seeking approval of a resolution that would adopt an updated fee schedule for the Residential Rental Business License & Inspection Program to better align revenue with costs. Items) for follow-up: Provide annual update and potential code changes in 2026. Committee Recommendation Majority approval. Forward to December 15, 2025 Regular Consent Agenda. MISCELLANEOUS The meeting adjourned at 6:00 p.m. JTC Committee Chair Approval 148 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 12/15/25 BJM ITEM INFORMATION ITEM No. 5.L. STAFF SPONSOR: BRANDON MILES ORIGINAL AGENDA DATE: 12/15/25 AGENDA ITEM TITLE Review of lodging tax funding requests from Explore Seattle Southside acting on behalf of PacNW Soccer. CATEGORY ❑ Discussion Mtg Date ® Motion Mtg Date 12/15/25 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ® Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PJF SPONSOR'S SUILVARY PacNW Winter Classic soccer tournament is held annually over two successive weekends in January at Starfire Sports in Tukwila. Over 500 amateur teams from throughout the Western US were registered for the 2026 tournament. The City will provide a rebate for rooms booked in the City for 2026 and 2027. This is funded with lodging tax funds. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ® Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 12/8/25 COMMITTEE CHAIR: HEDRICK RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office COMMIIIEE Unanimous Approval/Forward to the 12/15/25 Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $40,000 AMOUNT BUDGETED $N/A APPROPRIATION REQUIRED $N/A Fund Source: LODGING TAX FUNDS Comments: N/A MTG. DATE RECORD OF COUNCIL ACTION 12/5/25 MTG. DATE ATTACHMENTS 12/15/25 Informational Memorandum, dated November 24, 2025 2026 Lodging Tax Funding Application, Explore Seattle Southside 2027 Lodging Tax Funding Application, Explore Seattle Southside Staff Report to Lodging Tax Advisory Committee Minutes from 12/8 Planning and Community Development Committee Meeting 149 TO: FROM: CC: DATE: SUBJECT: City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM Tukwila City Council Brandon Miles, Director, Strategic Initiatives Mayor McLeod November 24, 2025 Lodging Tax Funding Request ISSUE Review of lodging tax funding requests from Explore Seattle Southside acting on behalf of PacNW Soccer. BACKGROUND The City collects a 1 % lodging tax on certain qualifying overnight stays in paid accommodations (hotels/motels/Airbnb) in the City. State law limits the use of these funds to tourism promotion'. The City's Lodging Tax Advisory Committee (LTAC) reviews all requests for use of lodging tax funds. LTAC then forwards a list of recommended applications to the City Council for its review and consideration. If LTAC does not recommend an application be funded, that application is not forwarded to the City Council. The City Council may approve or deny any of the applications recommended by the LTAC. The City Council may also approve an application and increase or decrease the dollar amount awarded2. The City accepts applications on a rolling basis, with the LTAC reviewing requests monthly. Pending Applications At its November 14, 2025, meeting, the LTAC recommended approval of two funding requests from Explore Seattle Southside, which were submitted on behalf of PacNW Soccer. 1 RCW 67.28.080 (6) defines "tourism promotion" as "...activities, operations, and expenditures designed to increase tourism, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists; developing strategies to expand tourism; operating tourism promotion agencies; and funding the marketing of or the operation of special events and festivals designed to attract tourists." 2 On August 17, 2016, the Washington State Attorney General's Office issued an informal opinion regarding whether a municipality could change the dollar amounts recommended by the local lodging tax advisory committee. Specifically, the informal opinion states: "When awarding lodging tax revenues pursuant to RCW 67.28.1816(2)(b)(ii), a municipality may award amounts different from the local lodging tax advisory committee's recommended amounts, but only after satisfying the procedural requirements of RCW 67.28.1817(2), according to which the municipality must submit its proposed change to the advisory committee for review and comment at least forty-five days before final action on the proposal." 150 INFORMATIONAL MEMO Page 2 1. Explore Seattle Southside (PacNW), Not to Exceed (2026: $20,0000 and 2027: $20,000) PacNW Winter Classic soccer tournament is held annually over two successive weekends in January at Starfire Sports in Tukwila. Over 500 amateur teams from throughout the Western US were registered for the 2026 tournament. Prior to the 2024 tournament, a strategic effort was implemented to relocate room nights from Renton, Seattle, Bellevue and Federal Way to Tukwila hotels. An LTAC application was submitted in May of 2023 to provide a commission to the tournament organization to encourage team hotel bookings in Tukwila hotels for the January 2024 tournament. Through this funding request the City pays a $10 room rebate for each room night booked in the City through Event Connect, which is operated by Explore Seattle Southside. The City has seen a drastic increase in Tukwila for hotel rooms, both in 2024 and 2025 through this program. It's expected that the City will see a significant number of room nights in both 2026 and 2027. Two separate applications were submitted to the City, one for 2026 and another for 2027. LTAC Recommendation on Application: Approval. Staff Recommendation on Application: Approval. FINANCIAL IMPACT The total request for the lodging tax application will not exceed $40,000 to support the two funding requests. No general funds dollars will be used for these funding allocations. The funding allocations are consistent with the six -year financial plan for the lodging tax fund and the City's adopted budget. Any unused funds will remain within the lodging tax fund. RECOMMENDATION Staff recommends that the City Council approve the two lodging tax applications as presented. Staff suggests this be placed on the December 15 consent agenda. ATTACHMENTS 1. 2026 Lodging Tax Funding Application, Explore Seattle Southside 2. 2027 Lodging Tax Funding Application, Explore Seattle Southside 3. Staff Report to Lodging Tax Advisory Committee 151 Application to the City of Tukwila for Use of 2026 Lodging Tax Funds Event or Activity Name (if applicable): Amount of Lodging Tax Requested: Applicant Organization: Federal Tax ID Number: Mailing Address: Primary Contact Name: Primary Contact Phone: Primary rim a r.�..ww, ...� �.._.- _......� y Contact Email Address: PacNW Winter Classic $20,000 for 2026 City of Tukwila, Office of Economic Development 20-8611780 100 Andover Parkway W, Suite 150, Tukwila WA 98188 Pacific Northwest Soccer , Todd Johnson, Ex Dir (425) 765-4468 execdir@pacnwsc.org Check all the service categories that apply to this application: Tourism promotion or marketing. X Operation of a special event or festival designed to attract tourists. Operation of a tourism -related facility owned or operated by a non-profit organization. Operation and/or capital costs of a tourism -related facility owned by a municipality or a public facilities district. Check which one of the following applies to your agency: X Non -Profit (Note: Attach a copy of your current non-profit corporate registration from the Washington Secretary of State Office) Municipality For Profit Corporation I am an authorized agent of the organization/agency applying for funding. I understand that: • I am offering a tourism -related service for 2026 and 2027. If awarded, my organization intends to enter a services contract with the City; provide liability insurance for the duration of the contract naming the City as additional insured and in an amount determined by the City; and file for a permit for use of City property, if applicable. • My organization will be required to submit a report documenting economic impact results in a format determined by the City. On Behalf of PacNW Winter Classic: Signature: :„ = Date: Mark Everton, CEO Seattle Southside Regional Tourism Authority I 152 1) Describe your tourism -related activity or event. PacNW Winter Classic soccer tournament is held annually over two successive weekends in January (Jan 9-11 & Jan 16-19, 2026) at Starfire Sports. 2027 dates have not been selected but it is highly likely to be the same consecutive weekend pattern. The 2025 tournament brought over 600 amateur teams from 6 different states and a record number of teams from Canada. In 2025, 1,004 room nights were generated for weekend 1,with 83% of the total room nights in Tukwila hotels and 1,291 for weekend 2 ( with 58% of the total room nights in Tukwila hotels. Pac NW employed a strategic effort to relocate room nights from Renton, Seattle, Bellevue and Federal Way and to Tukwila. This was a shift of 33% more room nights booked in Tukwila compared to 2023*. The goal is to maintain the shift in room nights set in place in 2024 & 2025, of relocating room nights from Renton, Seattle, Bellevue and Federal Way to Tukwila hotels. *Comparison is to 2023 numbers is due to incomplete 2024 data due to Weekend 2, in 2024, being cancelled but based on Weekend 1, more hotels rooms were booked in Tukwila. As a result of the effort by PacNW to promote Tukwila hotels, the capture rate for Tukwila hotels was 75% of total room nights booked were in Tukwila hotels, compared to 2023 capture rate of 49%. 1) If an event, list the event name, date(s), and projected overall attendance. PacNW Winter Classic soccer tournament. Jan 9-11 & Jan 16-19, 2026.24,000+ attendees 2) Is your event/activity/facility focusing on attracting overnight tourists, day tourists, or both? Soccer tournament that generates overnight weekend stays from visiting teams 3) Describe why visitors will travel to Tukwila to attend your event/activity/facility. Proximity to Starfire Sports 4) Describe the geographic target of the visitors you hope to attract (locally, regionally, nationally, and/or internationally). Teams from Eastern WA, Canada, Idaho, Oregon, California, Nevada, Montana, Colorado and Alaska participate. 5) Describe the prior success of your event/activity/facility in attracting tourists. See # 1 above Page 2 of 5 153 6) If this your first time holding the event/activity/facility provide background on why you think it will be successful. This event has been held for many years at Starfire. 7) Describe how you will promote lodging establishments, restaurants, retailers, and entertainment establishments in the City of Tukwila. PacNW controls which hotels bid on providing housing. The organizer can select greater numbers of Tukwila hotels, if the hotels have capacity. 8) Describe how you will use the name, "Tukwila" in publications, promotions, and for your event? Tukwila is prominently displayed on all correspondence as it is the `home' field and the organization's home. 9) Measurements and Metrics (Note: You will be required to report these metrics as part of the close out of the agreement between your organization and the City.) As a direct result of your proposed tourism -related service, provide an estimate of: a. Overall attendance at your proposed event/activity/facility. b. Number of people who will travel fewer than 50 miles for your event/activity. c. Number of people who will travel more than 50 miles for your event/activity. d. Of the people who travel more than 50 miles, the number of people who will travel from another country or state. e. Of the people who travel more than 50 miles, the number of people who will stay overnight in Tukwila. f. Of the people staying overnight, the number of people who will stay in PAID accommodations (hotel/motel/bed-breakfast) in Tukwila. Page 3 of 5 154 g. Number of paid lodging room nights resulting from your proposed event/ activity/facility (for example: 25 paid rooms on Friday and 50 paid rooms on Saturday = 75 paid lodging room nights) 2,000 10) What methodologies did you use to calculate the estimates and what methodologies will you use to track outcomes, such as total participants, estimated visitor spending, etc? Historical (2023-2025) data 11) What is the overall budget for your event/activity/facility? What percent of the budget are you requesting from the City of Tukwila? The request is to commission PacNW for 'generating' additional Tukwila room nights. In 2023, 1,291 room nights were actualized. In 2024, 815 room nights were actualized from weekend 1, while weekend 2 nwas cancelled due to an ice storm. Weekend 2 was projecting 2,015 room nights prior to its cancellation. In 2025, 2,295 rooms were actualized. This proposal is for 2 years, 2026 & 2027 budgeted not to exceed $20,000 per year. The commission request payable to PacNW is for $10/room night actualized, capped at $20,000 (2,000 room nights). There is no minimum room night requirement to receive the $10/room night. All room nights must be booked through Event Connect and all actualized room nights will be verified by Event Connect. No commission will be paid to PacNW on room nights booked around the Event Connect platform. Applications are considered on a rolling basis. Please contact staff to discuss the process for having the application reviewed by the City's Lodging Tax Advisory Committee. Completed applications should be submitted to: Lodging Tax Advisory Committee c/o Brandon Miles City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 Or, B nd Page 4 of 5 155 Questions? LTAC Contact: Brandon J. Miles (206) 431-3684 I u r doer .Miies � ��lcwv�A'ill re !SLY,. Updated: December 29, 2022 Page 5 of 5 156 Application to the City of Tukwila for Use of 2027 Lodging Tax Funds Event or Activity Name (if applicable): Amount of Lodging Tax Requested: Applicant Organization: Federal Tax ID Number: Mailing Address: Primary Contact Name: Primary Contact Phone: _.. Primary Contact EmaiAddress: ress: PacNW Winter Classic 20,000 for 2027 City of Tukwila, Office of Economic Development 20-8611780 100 Andover Parkway W, Suite 150, Tukwila WA 98188 Pacific Northwest Soccer, Todd Johns on, Ex Dir (425) 765-4468 execdir@pacnwsc. org Check all the service categories that apply to this application: Tourism promotion or marketing. X Operation of a special event or festival designed to attract tourists. Operation of a tourism -related facility owned or operated by a non-profit organization. Operation and/or capital costs of a tourism -related facility owned by a municipality or a public facilities district. Check which one of the following applies to your agency: X Non -Profit (Note: Attach a copy of your current non-profit corporate registration from the Washington Secretary of State Office) Municipality For Profit Corporation I am an authorized agent of the organization/agency applying for funding. I understand that: • I am offering a tourism -related service for 2026 and 2027. If awarded, my organization intends to enter a services contract with the City; provide liability insurance for the duration of the contract naming the City as additional insured and in an amount determined by the City; and file for a permit for use of City property, if applicable. • My organization will be required to submit a report documenting economic impact results in a format determined by the City. On Behalf of PacNW Winter Classic: Signature: Date: Mark Everton, CEO Seattle Southside Regional Tourism Authority 157 1) Describe your tourism -related activity or event. PacNW Winter Classic soccer tournament is held annually over two successive weekends in January (Jan 9-11 & Jan 16-19, 2026) at Starfire Sports. 2027 dates have not been selected but it is highly likely to be the same consecutive weekend pattern. The 2025 tournament brought over 600 amateur teams from 6 different states and a record number of teams from Canada. In 2025, 1,004 room nights were generated for weekend 1,with 83% of the total room nights in Tukwila hotels and 1,291 for weekend 2 ( with 58% of the total room nights in Tukwila hotels. Pac NW employed a strategic effort to relocate room nights from Renton, Seattle, Bellevue and Federal Way and to Tukwila. This was a shift of 33% more room nights booked in Tukwila compared to 2023*. The goal is to maintain the shift in room nights set in place in 2024 & 2025, of relocating room nights from Renton, Seattle, Bellevue and Federal Way to Tukwila hotels. *Comparison is to 2023 numbers is due to incomplete 2024 data due to Weekend 2, in 2024, being cancelled but based on Weekend 1, more hotels rooms were booked in Tukwila. As a result of the effort by PacNW to promote Tukwila hotels, the capture rate for Tukwila hotels was 75% of total room nights booked were in Tukwila hotels, compared to 2023 capture rate of 49%. 1) If an event, list the event name, date(s), and projected overall attendance. PacNW Winter Classic soccer tournament. 2 consecutive weekends in Jan, 2027.24,000+ attendees 2) Is your event/activity/facility focusing on attracting overnight tourists, day tourists, or both? Soccer tournament that generates overnight weekend stays from visiting teams 3) Describe why visitors will travel to Tukwila to attend your event/activity/facility. Proximity to Starfire Sports 4) Describe the geographic target of the visitors you hope to attract (locally, regionally, nationally, and/or internationally). Teams from Eastern WA, Canada, Idaho, Oregon, California, Nevada, Montana, Colorado and Alaska participate. 5) Describe the prior success of your event/activity/facility in attracting tourists. Page 2 of 5 See # 1 above 158 6) If this your first time holding the event/activity/facility provide background on why you think it will be successful. This event has been held for many years at Starfire. 7) Describe how you will promote lodging establishments, restaurants, retailers, and entertainment establishments in the City of Tukwila. PacNW controls which hotels bid on providing housing. The organizer can select greater numbers of Tukwila hotels, if the hotels have capacity. 8) Describe how you will use the name, "Tukwila" in publications, promotions, and for your event? Tukwila is prominently displayed on all correspondence as it is the 'home' field and the organization's home. 9) Measurements and Metrics (Note: You will be required to report these metrics as part of the close out of the agreement between your organization and the City.) As a direct result of your proposed tourism -related service, provide an estimate of: a. Overall attendance at your proposed event/activity/facility. b. Number of people who will travel fewer than 50 miles for your event/activity. c. Number of people who will travel more than 50 miles for your event/activity. d. Of the people who travel more than 50 miles, the number of people who will travel from another country or state. e. Of the people who travel more than 50 miles, the number of people who will stay overnight in Tukwila. f. Of the people staying overnight, the number of people who will stay in PAID accommodations (hotel/motel/bed-breakfast) in Tukwila. Page 3 of 5 24,000 16,000 159 g. Number of paid lodging room nights resulting from your proposed event/ activity/facility (for example: 25 paid rooms on Friday and 50 paid rooms on Saturday = 75 paid lodging room nights) 10) What methodologies did you use to calculate the estimates and what methodologies will you use to track outcomes, such as total participants, estimated visitor spending, etc? Historical (2023-2025) data 11) What is the overall budget for your event/activity/facility? What percent of the budget are you requesting from the City of Tukwila? The request is to commission PacNW for `generating' additional Tukwila room nights. In 2023, 1,291 room nights were actualized. In 2024, 815 room nights were actualized from weekend 1, while weekend 2 nwas cancelled due to an ice storm. Weekend 2 was projecting 2,015 room nights prior to its cancellation. In 2025, 2,295 rooms were actualized. This proposal is for 2 years, 2026 & 2027 budgeted not to exceed $20,000 per year. The commission request payable to PacNW is for $10/room night actualized, capped at $20,000 (2,000 room nights). There is no minimum room night requirement to receive the $10/room night. All room nights must be booked through Event Connect and all actualized room nights will be verified by Event Connect. No commission will be paid to PacNW on room nights booked around the Event Connect platform. Applications are considered on a rolling basis. Please contact staff to discuss the process for having the application reviewed by the City's Lodging Tax Advisory Committee. Completed applications should be submitted to: Lodging Tax Advisory Committee c/o Brandon Miles City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 Or, P: i Id )n„,11NAilllesCtifli,Ak III a Page 4 of 5 160 Questions? LTAC Contact: Brandon J. Miles (206) 431-3684 Brandon Poi�iil 'CLIJ, Ilb Updated: December 29, 2022 Page 5 of 5 v. 161 Staff Memorandum Lodging Tax Advisory Committee Funding Request Name of Applicant: Seattle Southside Tourism Authority (dba Explore Seattle Southside) on behalf of PacNW Soccer. Address: 100 Andover Parkway W, Suite 150, Tukwila WA 98188 Total Funds Requested: Not to exceed $20,000 in 2026 Not to exceed $20,000 in 2027 About the Applicant: Explore Seattle Southside has submitted a lodging tax application on behalf of PacNW Soccer for their Winter Classic Soccer tournament. Funds Previously Awarded: $28,170 was awarded for 2024; however, the 2nd weekend was cancelled and only $8,150 was paid at a rate of $10 per actual room night. For 2025 the City awarded $12,910 in funds on the same per room basis as 2024. Funding Request Narrative: PacNW Winter Classic soccer tournament is held annually over two successive weekends in January (January 9-11 & 16-19, 2026 and 2027 dates are TBA) at Starfire Sports in Tukwila. The tournament generated over 2,000 combined room nights for the two weekend tournament. Starting in 2024 the City and Explore Seattle Southside begin to work with the event organizers to shift hotel usage away from Renton, Seattle, Bellevue and other cities to the City of Tukwila. The room rebate program has been successful. In 2025 over 80% of the rooms nights generated during the first weekend of the tournament were in Tukwila and over 55% of the room nights for the second weekend were in Tukwila, compared to just 33% in 2023. City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 162 Staff Comments: The City will pay a commission of $10 per room night for both weekends in 2026 and 2027. All room nights must be booked through Event Connect and all actualized room nights will be verified by Event Connect. No commission will be paid on any room nights booked around the Event Connect platform. Explore Seattle Southside will be required to validated the numbers provided by PacNW. This is a not to exceed program, so if the room nights are not created, the City will not pay. Consistency with Six Year Financial Model: For 2026 and 2027 the Six Year Financial Plan shows the City spending $175,000 for sponsorship per year, such as this. 2026 Tourism Six -Year Financial Plan Allocation Sponsorships: $175,000 Experience Tukwila (Anticipated Request): ($15,000) Seattle Seawolves (Approved) ($90,000) PacNW Pending Request (Pending): ($20,000) General Operations Sponsorship (Approved): ($15,000) Remaining Sponsorship Funds: $35,000 2027 Tourism Six -Year Financial Plan Allocation Sponsorships: $175,000 Experience Tukwila (Anticipated Request): ($15,000) Seattle Seawolves (Anticipated) ($90,000) PacNW Pending Request: ($20,000) General Operations Sponsorship (Anticipated): ($15,000) Remaining Sponsorship Funds: $35,000 City of Tukwila Staff Recommendation to LTAC: Approval City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 163 City of Tukwila City Council Planning & Community Development Committee Meeting Minutes December 8, 2025, 5:30 p.m. - Hybrid Meeting; City Council Conference Room & MS Teams Councilmembers Present: Joe Camacho, Acting Chair; Jane Ho Staff Present: Nora Gierloff, Brandon Miles Guest: Jon Napier, Puget Sound Fire Acting Chair Camacho called the meeting to order at 5:30 p.m. BUSINESS AGENDA A. Resolution: 2026 Fire Permit Review Fees Puget Sound Fire is seeking approval of a resolution that would adopt an updated fee schedule to ensure full cost recovery for permits, inspections, and related services effective January 1, 2026. Committee Recommendation Majority approval. Forward to December 15, 2025 Regular Consent Agenda. B. Lodging Tax Funding Requests: City of Tukwila & PacNW Tournament Rebate The Lodging Tax Advisory Committee has recommended funding Seattle Southside's request *for $40,000 through 2027 to provide hotel room rebates during the PacNW Winter Classic soccer tournament held annually in January. Committee Recommendation Majority approval. Forward to December 15, 2025 Regular Consent Agenda. C. Resolution: Rental Housing Fees Staff is seeking approval of a resolution that would adopt an updated fee schedule for the Residential Rental Business License & Inspection Program to better align revenue with costs. Items) for follow-up: Provide annual update and potential code changes in 2026. Committee Recommendation Majority approval. Forward to December 15, 2025 Regular Consent Agenda. MISCELLANEOUS The meeting adjourned at 6:00 p.m. JTC Committee Chair Approval 164 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 12/8/25 SH 12/15/25 SH ITEM INFORMATION ITEM No. 5.M. STAFF SPONSOR: STACY HANSEN ORIGINAL AGENDA DATE: 12/8/25 AGENDA ITEM TITLE Hartnett Manor Property Lease amendment CATEGORY ® Discussion Mtg Date 12/8/25 Motion Mtg Date 12/15 Resolution Mtg Date ❑ Ordinance Mtg Date U Bid Award Mtg Date ❑ Public Hearing ❑ Other Mtg Date Mtg Date SPONSOR ❑ Council ® Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PJF SPONSOR'S SUIEMARY Hartnett Manor is a City owned duplex that is utilized as tranistional housing for unsheltered families, in partnership with St. Stephen's Housing Association. The original lease was for one year, expiring on 12-31-25. We are asking the Council to authorize the Mayor's signature on the Hartnett Manor property lease amendment, extending the lease for an additional 3 years (1-1-26 throught 12-31-28) REVIE\'ED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMIT' 1 EE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's office/Human Services COMMII IEE Forward to Regular Meeting consent agenda on 12/15/25 COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $0 AMOUNT BUDGETED $0 APPROPRIATION REQUIRED $ Fund Source: Comments: MTG DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 12/8/25 Informational Memorandum dated 12/2/25 12/15/25 St. Stephen's Housing/Hartnett Manor property lease amendment St. Stephen Housing/Hartnett Manor property lease 165 TO: FROM: CC: Mayor's Office - Marty Wine, City Administrator Committee of the Whole Stacy Hansen, Human Services Program Coordinator Mayor McLeod Director Brandon Miles DATE: December 2, 2025 SUBJECT: Hartnett Manor property lease amendment — signature authorization Thomas McLeod, Mayor ISSUE The Hartnett Manor property lease is due to expire on 12-31-25. Upon Council's review and authorization, the Mayor may sign this property lease extending it through 12-31-2028. BACKGROUND Hartnett Manor duplex located at 14688 Macadam Rd. S., is a city owned home located on undevelopable land. The non-profit St. Stephen Housing (SSH) provides 90+ days of temporary shelter/transitional housing to unhoused Tukwila families utilizing the Hartnett Manor home. DISCUSSION Staff is asking Council to approve the date extension for three years on the Hartnett Manor property lease with St. Stephen Housing and authorize the Mayor's signature on the lease. With the partnership of SSH, case management services are provided to unsheltered families that have at least one minor child. By September 30, 2025, Hartnett Manor/SSH had provided 517 bed nights to 14 Tukwila individuals who were unsheltered. FINANCIAL IMPACT There is no financial impact. RECOMMENDATION The Council is being asked to approve the lease agreement and consider forwarding this item to the December 15, 2025, Regular Council Meeting consent agenda. ATTACHMENTS Hartnett Manor lease amendment Hartnett Manor original lease agreement Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 166 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: CONTRACT FOR SERVICES Amendment # 1 Between the City of Tukwila and St. Stephen Housing for Hartnett Manor located at 14688 Macadam Rd. S., Tukwila, Washington That portion of Contract No. 25-155 between the City of Tukwila and St. Stephen Housing is hereby amended as follows: Section 2: TERM: The term of this lease shall be for three -years, commencing on January 1, 2026 and shall terminate on December 31, 2028, unless sooner terminated as a result of Lessee's default hereunder in accordance with the termination provisions set forth in paragraph 19. All other provisions of the contract shall remain in full force and effect. Dated this day of ,20 ** City signatures to be obtained by ** Contractor signature to be obtained by City Clerk's Staff ONLY. ** sponsor staff. ** CITY OF TUKWILA CONTRACTOR: Thomas McLeod, Mayor bm ATTEST/AUTHENTICATED: Andy Youn Barnett, City Clerk APPROVED AS TO FORM: Office of the City Attorney By: Printed Name: Title: CA Reviewed May 2020 Page 1 of 1 167 25-155 Council Approval 3/17/25 v�x ��t� � ^�x�� v«*xxwvxvn RESIDENTIAL LEASE AGREEMENT HARTNETT MANOR This lease is made effective January 1` 2025, between the City of Tukwila, m municipal corporation, as "Lessor," and 51 Stephen Housing Association, m Washington nnm-orofd corporation, as "Lessee" (collectively, the "Parties"). W9HEREAS, homelessness continues to be on issue for residents of the City of Tukwila and the greater community stlarge; and WHER(GAS. Lessor, o Washington municipal oorponatinn, has determined that the provision of transitional housing to homeless and impoverished members of the community serves m fundamental governmental purpose as it protects the public health, safety, and welfare; and WHEREAS, Lessee is o Washington non-profit corporation that provides temporary and transitional housing bothe homeless; Now, therefore. the Parties agree as follows: 1. PREMISES: Lessor shall lease to Lessee the Residence currently situated at 14888 Macadam Road Gouth.Tukwila, Washington (^Premmiees''). 2. TERM: The term of this, lease shall be for one year, commencing on January 1. 2025 and ohe|| terminate on December 31, 2025. unless sooner Uaroninobad as a result of Lessee's default hereunder in accordance with the termination prqvimipnsset forth in paragraph 19. The Lessor reserves the right to terminate the |eeaa at its convenience prior to the completion of the one-year term atany time for any reason with 9Odays' prior written notice. 8. POSSESSION: Lessee shall badeemed tm have accepted possession ofthe leased premises in an "'as -is" condition. Lessor has made no representations to Lessee respecting the condition of the lease premises, 4. CONSIDERATION: In consideration of Lessee providing housing to homeless members of the Tukwila community, Lessee may occupy the leased premises rent free for the duration of this Lease; provided. Lessee shall be responsible for costs moaooiabad with or arising out of the maintenance and operation of the leased Premises as set forth in paragraph 6 of this agreement. 5. USE: Lessee shall use the, leased premises to provide temporary single-family dvveUhnga, on m rent- free basis or for income -based rent, for hnnno|eso fano|||os with children whose income falls below 5096 of King County median income and all current uses incidental theretm, and for no other purpose without first obtaining Lessor's prior written consent. For purposes of this provision, "income -,based rent" means rent that does not exceed 30% of a tenant's income, less an allowance for appl'icable utilities. Lessee shall screen all housing applicants to ensure that applicants meet the income qualifications set forth herein. Lessee shall provide Lessor with anannual report each year reflecting data regarding the populations served by Lessee at the Premises. O. MAINTENANCE AND REPAIR RESPONSILIBITY: Lessee shall, when and if needed, at Lessee's sole oxpense, make any and all necessary minor repairs to the Premises and every part thereof. For purposes of this provision, the term "minor repair" means any repair for vvhiob the ourn total of parts and labor is uoder$5,QO0 per occurrence. Lessee shall not be required to pay more than m Page I of 6 168 total of [$5.000] on, minor repairs during the term of this agreement. Lessee ahmU notify Lessor immediately when Lessee has spent a total of$5.00O on minor repairs during the tmmno nf1hi's agreement. Lessee shall also notify Lessor immediately of any needed major repairs or unsafe conditions existing in or around the Premises. Lessor shall, when and if needed, at Lessor's sole expenme, make all necessary major repairs to the Premises and every part thereof. For purposes of this provision, the term "major repoie' means any repair for which the sum total of parts and labor is $5.0O0 or more. Lessee shall maintain the Premises in m nem1, clean, and sanitary condition. Lessee shall surrender the leased Premises to Lessor in good'condition upon the termination of this lease, reasonable wear and tear expected. 7. UTILITIES: Lessee ohoU pay prior to delinquency for all heat, |iBht, water and other utility aen/ioea supplied bzthe Premises. 8. ALTERATIONS AND ADDITIONS BY LESSEE: After obtaining the prior consent ofLessor, Lessee may make, at its sole expense, such additional improvements or, alterations to the leased premises, which it may deem necessary or desirable. Any repairs or new construction by Lessee shall be done in conformity with, plans and specifications approved by Lessor. All work perfo[rumd'mhaU be done in a workmanlike manner and shall become the property of the Lessor. B. LIENS: Lessee oheU keep the leased premises free from any liens arising out of any work perhornled, materials furnished, orob|i0ed|onn incurred by Lessee. 10. INSURANCE- Lessee shall procure and maintain for, the duration of this Lemse, insurance against claims for injuries hopersonsordmmagetm9rnpenyvvhichmnayahae from or|nconnection with the Lessee's operation and use of the |aaaad Premises. Lessee's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Lessee to the coverage provided by such insurance, or otherwise limit the Lessor's recourse to any remedy available at law or in equity. Lessee shall maintain Commercial Genera[ Liability insurance written with limits no less than $1^000.000 each occurrence, $2.000.000 general mg8neQmtm. Commercial General Liability insurance shall he at least as broad' as Insurance San/ivau Office U8O> occurrence form CG UQ 01 and shall cover premises and contractual liability. The Lessor shall be named as additional an insured omLessee's Commercial General Liability insurance policy using ISO Additional Insured - Managers orLessors ofPremises Form, CG!2O11 orasubstitute endorsement providinga1least ms broad coverage. Lessee shall also maintain property insurance, which shall be written covering the full value of Lessee's property and improvements with no coinsurance provisions. Property insurance, shall be written on an all risk basis. The Lessee's Commercial General Liability insurance policy or policies are to onntmin, or be endorsed to contain that they shall be primary insurance as respect the Lessor. Any |nsuramoe, odf-insunanom, or self -insured pool coverage maintained by the Lessor shall be excess of the Lessee's insurance and shall not contribute with it. Insurance is to be placed' with insurers with a ourn*nt/\.K8. Beat rating ofnot less than A: VU|. Lessee shall furnish the Lessor with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured eDdo[semment, evidencing the insurance requirements of' the Lessee. Lessee, and Lessor hereby release and discharge each other from all n|mima. losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall'apply only to the extent that such claim, loss or liability is covered by insurance. The Laaoaa shall provide the Lessor with written notice of any policy cancellation within two business days of their receipt of such notice. FmUuna on the part of the Lessee to maintain the insurance as required shall constitute a material breach of [ease, upon which the Lessor may, after giving five business days' notice to the Lessee to Page 2 of 6 <wwm* 10-7058-872; 1/13175o0000 10 169 correct the b[maoh, terminate the Lease or, at its disc[atom, procure or renew such, insurance and pay any and all premiums in connection therevvkh, with any sums so expended to be repaid to the Lessor on demand. If the Lessee maintains higher insurance limits than the minimums ohnvvm above, the Lessor shall be insured for the full available lim,its of Commercial General and Excess or Umbrella |iab0Kh/ maintained by the Lesaee, irrespective of whether, such |innhs maintained by the Lessee are greater than those required by this contract or whether any certificate of insurance furnished to the Lessor evidences limits of liability lower than those maintained by the Lessee. During the term of this Lease, the Lessor ohm|[ maintain all-risk property insurance covering the Residence located on the Premises for its full replacement value. Lessee expressly agrees that should damage arise tothe Premises orResidence that is covered by Lessor's insurance but not Leaaee's. Lessee shall reimburse Lessor for the cost ufLessor's deductible. Such reimbursement shall be made within, thirty days of Lessor's written request for reimbursement. 11.UNDEDNyJUF|CATU0N: Lessee shall bear the sole risk for all personal property on the Premises. Lmem#r, its nfficia|s, employees and m8mntn shall not beliable for any injury to or death of any peroon, urdamage tu property' sustained or alleged to have been sustained by Lessee, invitees or others as a result ofany condition (including future uund�iUuna) in, on orabout the Premises, or the improvements comprising any portion of the Premises; or as a result of the Premises becoming out of repair, or caused by fire or by the bursting or leaking of water, gas, sewer or steam pipes, or due to or the result of mold, fungus, water intrusion, asbestos, lead or other toxic materials or chemicals, or due to or the result of any accident from whatsoever cause in and about the Premises. Lessee agrees 10 indemnifv, defend and hold Leosor, and its officia|a, otmff, employees and agents, harmless from any and all claims, liabilities, |ogsea, demnageo, aotions, costs and expenses of any kind (including naoaonmb|e attorneys' fees) arising out of or related to Lessee's use of the Pranliaaa or the operation and/or conduct ofits business or any activity or thing occurring, on orabout the Pnemmioea, and for property damage or bodily injury (including death) suffered on or about the Premises by any peraon, firm or corporation, except to the extent such |uos or damage n*su|Un8 from the gross neg[iQence of the Lessor or a breach of the terms of this Lease. The terms of this Section 11shall survive any expiration ortermination ofthis Lease. The indemnification obligations contained in this 8eot|no 11 shall not bm limited byany worker's compensation benefits ordisability laws, and Lessee hereby waives any immunity that it may have under the Industrial Insurance /\ot. Title 51 RCVVand similar worker's compensation benefits or disability |axxn. Lessee agrees that they have read the above provision and that any questions they had concerning itwere fully explained to their satisfaction by Lessee's attorney or agent. Lessee understands that they will be the party held financially responsible under all conditions and not the City of Tukwila or its mfficia|a, employees, or agents. 12. ASSIGNMENT AND SUBLETTING: Lessee shall not assign this lease or any part thereof, either by operation of law or othenwise, without first obtaining the priorvvrittan consent of Lessor. 13. DEFAULT: Failure by Lessee to observe or perform any of the covenants, conditions, or provisions of this lease, vvhena such failure mheU continue for e period of ben days after written notice from Lessor to cure the dafaolt, shall constitute a default and breach of the |eena by the Lessor. Lessee shall notify Lessor promptly of any default not by its nature necessarily known to Lessor. 14.ACCESS: Lessee shall permit Lessor to enter the leased premises at reasonable times for the purpose of inspecting the leased pnannioas and ascertaining compliance with the provisions hereof by Leaaae, but nothing herein shall be construed as imposing any obligation on Lessor to perform Page 3 of 6 170 any such work orduties. Lessor reserves the right to property inspection and testing for the Lessor's future development purposes. Lessor will give Lessee at least 48 hours' notice in the event ofaccess needed for property testing. 15.COMPLUANCE WITH LAWS, RULES AND REGULATIONS: Lessee shall, atits sole cost and expemse, promptly comply with all |mwm, statutes, prdinmnoes, and governmental n/|ea, regulations or requirements now in force or which may hereafter be in force relating to or affecting the uonditiqna, use, oroccupancy nfthe leased premises. Lessee shall feibhfuU|y observe and comply with the rules and regulations that Lessor shall from time to time promo|ga1e, including, without limitation, those regulations affecting aignagaonthe Property. 16. PERMITS: Lessee ahaN, at its sole cost and empamse, be responsible for obtaining any permits or licenses that are necessary to perform the work and covenants of this lease Agreement. 17.LE/%SEHOL[J EXCISE TAXES: The Parties believe that this Lease is exempt f[onm the requirements ofchapter 82.29A RCVV; hovvemsr, in the event that the! Washington State Auditor's Office determines that leasehold excise tax is ovviog, such costs shall be born by Lessee. In such came. Lessor may make payment of the amount determined to be owed, and Lessee shall reimburse Lessor for such costs within 30 days of receipt of Lessor's request for reimbursement. 18.NOqICEL All notices under this lease shall be in writing and shall be effective when mailed by certified mai'l or delivered to Lessor at the address below stated, or to Lessee at the address below stated ortosuch other address as either party may designate from time totime: LESSOR: CITY (]FTUKVVLLA LESSEE: St, Stephen Housing Association ATTN: yWayor"o(]ffiom 13055 SE192ndStreet G2OOSmu1hnentmrBoulevard Renton, Washington 88O58-76O4 Tuikvv|a.\88nshimQton 98188 19. TERMINATION: Either party has the right to 0amninota this Lease if the other podn is in default of any material obligation, or representation of this Ueeao which default is incapable of cure, or which being capable of cure, is not cured within ten days after receipt of written notice of such default, 2O.GENERAL PROVISIONS: A. TIME US0FTHE ESSENCE OF THIS LEASE. B.lothe event of any action or proceeding brought by either party against the other under this lease. the Prevailing party shall be entitled to recover for the fees of its attorneys in such action or proceeding, including oua10 of appeal, if any, in such enmuurd as the court may adjudge reasonable Attorneys' fees. For the purposes of this provigion, the terms "action"' or "proceeding" shall include a[bitration, admninietratixe, bankrup1cy, and judicial proceedings, including appeals therefrom. C.This lease shall be construed and governed by the laws of the State of Washington. D. Upon termination of this lease, Lessee shall surrender all keys to the Lessor at the place then fixed for notice. 21. AUTHORITY OF LESSEE: Leaeee, and each individual executing this kyone on behalf of bessmm, represent and warrant that s/he is dub authorized to execute and deliver this leeea. and that this lease |obinding upon Lessee |maccordance with its terms. Page 4 of 6 171 22. WAIVER AND FORBEARANCE: No waiver by Lessor of any breach or default by lessee of any of its obligations or agreement or covenants herein, shall be deemed to be a waiver of any subsequent breach or default of the same or any other covenant, agreement or obligation, nor shall forbearance by Lessor to seek remedy for any breach or default of Lessee be deemed a waiver by Lessor or its rights and remedies with respect to such breach or default. THIS LEASE IS SUBJECT TO ACCEPTANCE BY LESSOR. IN WITNESS THEREOF, the parties hereto have executed this Lease the date and year above written. LESSOR: Its: Date: ikati ov- Date: in /20 25 APPROVED AS TO FORM: ,—Signed by: 41...A4 10 40Z— Office of the City Attorney LESEEd by au.u, By 1-13AUbe0A3b9U41F Its: Executive Di rector Date:4/21/2025 10:11 AM PDT Page 5 of 6 {NMM4910-7058-8723;1/13175,000001/} 172 STATE OF WASHINGTON ) ) ss. COUNTY OF KING Oro this 1- day of klcix\ , 2025, personally appeared before me the undersigned, a Notary Public, in and for the State of Washington, duly commissioned and sworn, —voiNnas ti\Aci acy-A , to me known to be the Mayor of the City of Tukwila, a Washington state municipal corporation, that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said City of Tukwila, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. written. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above •,\\\\"‘"‘ CA r)cON 25010680 /4080 (Signature of Notary V\QVI))\\Q aav\c,do,u\ (Legibly Print or Stamp Name of Notary) Notary public in and for the State of Washington, residing at 1-04ANAO,, My appointment expires Page 6 of 6 {NMIV14910-7058-8723;1/13175.0000010 173 174 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 12/08/25 BJM 12/15/25 BJM ITEM INFORMATION ID MNo. 5.N. STAFF SPONSOR: BRANDON MILES ORIGINAL AGENDA DATE: 12/08/25 AGENDA ITEM TITLE City of Tukwila 2026 Legislative Agenda CATEGORY ❑ Discussion Mtg Date ® Motion Mtg Date 12/15/25 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ® Mayor ❑ Adnain Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PJF SPONSOR'S SUlII' L RY Staff will review with the City Council the City of Tukwila 2026 Legislative Agenda. David Foster, the City's State lobbyist, will present to the Council on December 15 a preview of the upcoming session. Update: 12/15/25: Staff made edits following the 12/8/25 Council meeting. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ® Planning & Community Dev. ❑ LTAC DATE: N/A ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: N/A RECOMMENDATIONS: SPONSOR/ADMIN. N/A CONHFIEE N/A COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $N/A AMOUNT BUDGETED $N/A APPROPRIATION REQUIRED $N/A Fund Source: N/A Comments: N/A MTG. DATE RECORD OF COUNCIL ACTION 12/08/25 Provide Feedback and Forward to 12/15 Regular Consent Agenda 12/15/25 MTG. DATE ATTACHMENTS 12/08/25 DRAFT City of Tukwila 2026 Legislative Agenda 12/15/25 Resolution & Attachment City of Tukwila 2026 Legislative Priorities Tukwila School District 2026 Legislative Priorities 175 NOTE: Track changes denote changes made after the December 8, 2025 Committee of the Whole Meeting. See Attachment A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A LEGISLATIVE AGENDA FOR USE DURING THE 2026 WASHINGTON STATE LEGISLATIVE SESSION. WHEREAS, the Washington State Legislature will convene for its regular session on January 12, 2026, and the City Council agrees to pursue certain legislative issues; and WHEREAS, a legislative agenda outlines the priority issues that elected officials may discuss when speaking to members of the Washington State Legislature; and WHEREAS, the City Council recognizes this agenda is not all encompassing, in that certain additional items may arise during the legislative session that require support or opposition; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Tukwila City Council has identified priorities for the 2026 Washington State Legislative Session that provide a framework for advocacy on behalf of the community. The City of Tukwila 2026 Legislative Agenda is hereby incorporated by reference as Attachment A. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2025. ATTEST/AUTHENTICATED: Andy Youn-Barnett, CMC, City Clerk Tosh Sharp, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Office of the City Attorney Attachment A: City of Tukwila 2026 Legislative Agenda 176 DRAFT ATTACHMENT A City of Tukwila 2026 Legislative Agenda Transportation + Infrastructure • Honor funding commitments made in Move Ahead Washington, including shifting $17 million of future funding from the 2029-2031 biennium back to the 2025-2027 biennium budget to replace the 42' Ave Bridge in the Allentown Neighborhood. • Create stable, reliable infrastructure assistance funding for cities to assist in repairing roads, bridges and other public infrastructure that support economic development and community resiliency. Housing + Human Services • Address the housing stability crisis by addressing all aspects of affordable housing, including homeownership for moderate income households and below, preservation of naturally occurring affordable housing, land acquisition to secure permanent affordability, permanent supportive housing, infrastructure around affordable housing developments, and workforce housing. Fund additional investments in behavioral health, including in -patient and out -patient facilities, as an alternative to jail and align State law with best practices to allow individuals in crisis to receive necessary and life-saving services. • m..m u:,u m el ,1usum m .ceir gums..° ;u„u..at c u-t ylr en cckcui , ui fr ee Ipo ` ui rm m j...ur nts. rfEi ii ' VJI m ii u m V m mijhjH t oo n m,r,.0 t u m..m m , u u ll. :" L t. ID c flji c ° c f Il c..bfi u:,ut c c.b E ..d.. ufnuuln gjrk tioo m iiimilmmumm m.Lt.Qj II )...fiuuum ion um-, u::um-,mit fm .u" '"b ii:nnollioon..fmmu tIIm , uullmm'mo.nniium Public Records Reform uupmll .n»irl l gis mlCim t perm» i a. ..i51 p ui °f rm lllmi1uimy.t_ m l ip°Lip. wm \ Ilm.in;,,llm Ilmirm» Cid»y III.ICmmCil»m . »»x»°irmmlpLCim»irm .lm» m;»mirtoCvn II lm»m;ll< aind All IIFI .pm»m»Log perm»irmn illm»» II"u„plblCim; Ill»„um;m»ird.. mm;l (lp 1 ).. • Allow agencies to recover reasonable staff time and costs for fulfilling commercial requests, especially when records are sought for resale or profit. • Adjust the PRA's penalty structure, which currently incentivizes commercial abuse and litigation, by reducing civil penalties and redirecting a portion of requestor awards into a State fund dedicated to PRA training and compliance Advancing Equity • Ensure affordable, high -quality broadband internet access 177 5717 is available to all households and businesses to provide educational, entrepreneurial, business and accessibility equity for all Washingtonians to access the Internet. Law Enforcement • Expand funding for co -responding mental health professionals to assist individuals experiencing behavioral health challenges. • Working with Association of Washington Cities and Association of Washington Counties, work to modify and amend some of the burdensome requirements required for compliance under HB2015. Revenue Reform • Allow cities the authority and flexibility to address the fact that growth in the cost of services continues to outstrip revenues. • The state should amend the law that limits annual property tax growth to 1 percent and work with cities to authorize additional funding flexibility and opportunities at the local level. Education uupull (»Irl111»»` IIIItIllcwi1t Salllm.m t III i1.:t.r.rLc°t 2026 III q.gi1 ta°ti1v III Dui°i1 .iolli i1a m. uully puporuL' Lhr, »;l»al l»» a»;II»(»»»l L'CiaLrC.»;lap(»ir IIllvickGiimuimay auim°1 sonic' orPhig»»»» s:luuLr,HL. II Hilly Iluporuc' .a CiC» dHcaLo(»u» p(»or allu»ycCoal PduucalCo(m aloud'»»orul • Implement needs -based funding for allocation of social emotional student support resources and expand funding for learning opportunities for summer school students. • Increase funding for homeless students and secondary a nuul0.i104.uuaul. • Incorporate early learning for low-income students as a part of Basic Education. • Continuetoinvest inworkforce education and iobtrainintoensure Washingtonians have access to high -quality career and technical education opportunities. Tourism • Ensure the definition of "tourist" in Washington State remains flexible to allow jurisdictions and Lodging Tax Advisory Committees to distribute lodging tax dollars in a manner that best serves each individual community. 178 Parks, Recreation, Conservation and Trail Connectivity • Strongly support robust investments into outdoor recreation programs such as the Washington Wildlife & Recreation Program (WWRP), Youth Athletic Facilities (YAF), Aquatic Lands Enhancement Act (ALEA), the Land &Water Conservation Fund (LWCF), and other related programs. Preparin ; for our Future I to C( e.. Aes®1®e... ice. • Enact policies to prepare to combat climate change, including adequately budgeting for its effects and providing tools to cities to prepare and address the ramifications of flooding, pollution and other key factors. • Funding for cities to make green infrastructure investments to reduce greenhouse gas emissions and improve City sustainability efforts. )ro\, lide “11"'-Fundrig opportunlit es .for avlit es to address heat lisllainds \MtInliin urban eirevliitoiremeirets. 179 Tukwila School District 2026 Legislative Priorities: 1. Equity (Student Need Based) in Funding for education to close the achievement and opportunity gaps: a. Fund LAP based on student need. Washington funds about 10% more per student for students in poverty, research says it should be 5 to 10 times that much. Reference the work of David Knight, UW professor in College of Education. SB 5120 needs to pass. * b. Student need -based funding for education support staff. The extra 0.5 FTE of counselors for high poverty schools in the 21-23 budget bill (ESSB 5092) needs to be made permanent. SB 5852 for para educators and HB 1664 (2022) for education support staff (counselors, nurses, social workers, psychologists, parent involvement coordinators, etc.) funding needs to include increased funding for high poverty schools. * c. Student Need based funding for class sizes. 11351 called for reduced class size for high poverty schools in K- 12. The legislature reduced class size for K-3 high poverty schools for one year and then put back the same for all schools. * d. Student Need based funding for Technology Support. The state provides technology support to districts at $183 per student regardless of need. This is completely inadequate. In addition, the funding formula does not include any equity consideration. * e. Support for McKinney Vento and Refugee students. Change the school transportation funding formulas to fully fund districts for costs associated with getting McKinney Vento students (experiencing homelessness) to and from school when they cannot ride a district bus. Allocate money to districts based upon the number of McKinney Vento and Refugee students in district to provide the extra support these students need. * f. Equity analysis of all education bills (SB 5718 was introduced but not passed in the 2015 session by Senator Jayapal with bipartisan sponsorships, SB5274 and HB 1264 (21-22) both need education added as an area for equity analysis). * g. Fund Early Learning for all low-income students (Continue to increase funding for students beyond the 130% of the Federal Poverty Level as in SB 5437 from 2020). * 2. Fully fund costs of substitutes and PFML (Paid Family and Medical Leave) 3. Fully fund MSOC (Material Supplies and Operating Costs), including insurance and utilities. * 4. Fund support staff for CTE students at same level as prototypical model - Budget proviso (ESSB 5092, page 380) that funds support staff (librarians, nurses, social workers, psychologists, counselors) for CTE students at a lower level needs to be removed. 5. Fully fund basic education for special education students. * 6. Fully fund school transportation costs of getting all students to school, including McKinney Vento and Special Education students. * 7. Support for diversified school boards. Allow permanent residents to qualify for school boards. * 8. Fund room and board for McKinney Vento students in college. (HB 1278 (2020), HB 1601(2022) moves in this direction) 9. Realistically fund school construction costs * 10. Fully fund SEB * 11. Reduce percentage needed to approve bond issues (SB 5386 (2022)) to 50%* * = Supported by WSDDA Legislative Position Dave Larson Tukwila School Board Director Legislative Representative IIars©r detukwilasch©©Is.©rg 11/13/2025 180 Capital Budget 1. Upgrades to the PAC (Performing Arts Center) at Foster High School 2. Build more Early Learning spaces 3. Safety upgrades on S 144th Street bridge across Interstate 5 11/13/2025 181 182 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 12/8/25 AYB 12/15/25 AYB ITEM INFORMATION ITEM No. 6.A & 7.A. STAFF SPONSOR: ANDY YOIJN-BARNETT ORIGINAL AGENDA DATE: 12/8/25 AGENDA ITEM TITLE Recodification of Tukwila Municipal Code CATEGORY ® Discussion Mtg Date 12/8/25 ❑ Motion Mtg Date ❑ Resolution Mtg Date ® Ordinance Mtg Date 12/15/25 ❑ Bid Award Mtg Date ® Public Hearing Mtg Date 12/15/25 ❑ Other Mtg Date SPONSOR ❑ Council ® Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PJF SPONSOR'S SUILVARY Recodification of the Tukwila Municipal Code (TMC) from the legacy format to a new, online format requires an ordinance adopting the recodified TMC, per RCW 35A.21.130. A public hearing will be held on December 15, 2025. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ® Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11 / 24/ 25 COMMITTEE CHAIR: PAPYAN RECOMMENDATIONS: SPONSOR/ADMIN. City Clerk's Office COMMII IEE Unanimous Approval; Forward to 12/08 C.O.W. Mtg COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $ <10,000 AMOUNT BUDGETED $N/A APPROPRIATION REQUIRED $N/A Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/8/25 Unanimous Consent to Forward to 12/15 Regular Meeting 12/15/25 MTG. DATE ATTACHMENTS 12/8/25 Informational Memorandum Draft Ordinance Exhibit A "Recodified Tukwila Municipal Code" Minutes from the 11/24 F&G Committee (to be distributed separately) 12/15/25 Final Ordinance Exhibit A "Recodified Tukwila Municipal Code" 183 Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RECONFIGURING, RECODIFYING AND ENACTING A NEW MUNICIPAL CODE FOR THE CITY OF TUKWILA PURSUANT TO RCW 35A.21.130; REARRANGING AND RENUMBERING TITLES, CHAPTERS, AND SECTIONS; CONFORMING INTERNAL REFERENCES AND CROSS- REFERENCES ACCORDINGLY; PROVIDING TABLES AND INDICES TO FACILITATE LOCATION AND CONVERSION OF CODE REFERENCES AND MATERIAL; ESTABLISHING AN EFFECTIVE DATE OF DECEMBER 23, 2025 FOR THE NEW CITY OF TUKWILA MUNICIPAL CODE HEREIN ADOPTED; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila Municipal Code ("TMC") has been compiled, adopted, effectuated, altered, and amended over several decades; and WHEREAS, the City desires to modernize the TMC from its current legacy, static format to an interactive, online format to align with best practices, facilitate administrative and legislative management of the TMC, enhance accessibility of the TMC for the public and staff, and better serve the public interest; and WHEREAS, the City desires to recodify and republish the TMC to reestablish a coherent numbering and reference system; rearrange and renumber titles, chapters and sections; and update and coordinate numbering and standard referencing of and within the TMC; and WHEREAS, the City has completed that work, which is reflected by and composed of the new Tukwila Municipal Code Recodification Package, attached hereto and available on the City website and in hard copy at the City Clerk's Office; and WHEREAS, RCW 35A.21.130 requires that compilation, codification, and revision of city codes shall conform with RCW 35.21.500 through RCW 35.21.570; and 2025 Legislation: Recodification of TMC Version: 11/18/25 Staff: A. Youn-Barnett Page 1 of 3 184 WHEREAS, a first reading was held on December 8, 2025, and a public hearing was held on December 15, 2025; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Adoption of Findings of Fact. The City Council finds as follows: The above recitals, set forth as "WHEREAS" clauses, are hereby adopted as Findings of Fact in support of the adoption of this ordinance. Section 2. Adoption of Recodified Tukwila Municipal Code. The Tukwila Municipal Code Recodification Package, attached hereto as Exhibit A, is hereby adopted and enacted as the formal and official City of Tukwila Municipal Code and shall be in full force and effect commencing as of 12:01 a.m. on December 23, 2025. As of the effective date, it shall be known and referenced as the Tukwila Municipal Code (TMC) and may thereafter be further amended and modified pursuant to the City's usual procedures and applicable statutes. Section 3. Prior Tukwila Municipal Code Superseded. The prior Tukwila Municipal Code shall be deemed superseded in all respects as of the effective date specified in Section 2 of this ordinance. Section 4. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, a Regular Meeting thereof this day of , 2025. [signature page to follow] 2025 Legislation: Recodification of TMC Version: 11/18/25 Staff: A. Youn-Barnett Page 2 of 3 185 ATTEST/AUTHENTICATED: Andy Youn-Barnett, CMC, City Clerk Thomas McLeod, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney Exhibit A: Tukwila Municipal Code Recodification Package 2025 Legislation: Recodification of TMC Version: 11/18/25 Staff: A. Youn-Barnett Page 3 of 3 186 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 12/08/25 AJS ITEM INFORMATION ITEM No. 7.B. STAFF SPONSOR: ADAM SCHIERENBECK ORIGINAL AGENDA DATE: 12/08 AGENDA ITEM TITLE B&O Tax Ordinance - Amendments to Chapter 3.26 TMC CATEGORY ® Discussion Mtg Date 11/24/25 ® Motion Mtg Date 12/8/25 ❑ Resolution Mtg Date ® Ordinance Mtg Date 12/15/25 ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Adnain Svcs ❑ DCD ® Finance ❑ Fire ❑ P&R ❑ Police ❑ PJF SPONSOR'S SUILVARY The Finance Department is seeking to amend Chapter 3.26 TMC pertaining to business and occupation (B&O) tax. The amendments are mandated by the Washington State B&O Tax Model Ordinance effective January 1, 2026. The changes will result in various business activities becoming taxable under the Retailing tax classification, which were formerly taxable under the Service and Other Activities tax classification. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ® Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: 11/24 ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: PAPYAN RECOMMENDATIONS: SPONSOR/ADMIN. Finance Department COMMII IEE Unanimous Approval; Forward to 12/8 Committee of the Whole Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/08 Unanimous Consent to Forward to 12/15 Regular Meeting 12/15 MTG. DATE ATTACHMENTS 12/08/25 Informational Memorandum dated 10/27/25 A. Draft B&O Tax Ordinance B. 2026 B&O Tax Model Ordinance Redline C. AWC 2026 Changes to Model Ordinance Fact Sheet Minutes from 11/24 F&G Committee Meeting (to be distributed separately) 12/15/25 Final Ordinance 187 Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON; AMENDING ORDINANCE NO. 2689 §5, AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTION 3.26.040, "DEFINITIONS"; AMENDING ORDINANCE NO. 2726 §11, AS CODIFIED AT TMC SECTION 3.27.220; TO ADOPT UPDATED BUSINESS AND OCCUPATION TAX REGULATIONS IN ACCORDANCE WITH THE MODEL ORDINANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, RCW 35.102.040 requires the City to adopt the mandatory provisions of the model ordinance developed by Washington cities when imposing a business and occupation tax; and WHEREAS, the definition in RCW 82.04.050 for "sale at retail" or "retail sale" and the definition in RCW 82.04.060 for "sale at wholesale" or "wholesale sale" were amended by Senate Bill 5814, resulting in changes to Washington's model ordinance; and WHEREAS, the City has adopted an administrative provision relating to public disclosure and confidentiality of tax information, which requires a technical correction; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 3.26.040 Amended. Ordinance No. 2689 §5, as codified at TMC Section 3.26.040, "Definitions," subparagraph U, is hereby amended to read as follows: 3.26.040 Definitions U. "Sale at retail," "retail sale" 1. "Sale at retail" or "retail sale" means every sale of tangible personal property (including articles produced, fabricated, or imprinted) to all persons irrespective of the 2025 Legislation: B&O Tax Ordinance Version: 11/14/25 Staff: A. Schierenbeck Page 1 of 9 188 nature of their business and including, among others, without limiting the scope hereof, persons who install, repair, clean, alter, improve, construct, or decorate real or personal property of or for consumers, other than a sale to a person who presents a resale certificate under RCW 82.04.470 and who: a. Purchases for the purpose of resale as tangible personal property in the regular course of business without intervening use by such person; or b. Installs, repairs, cleans, alters, imprints, improves, constructs, or decorates real or personal property of or for consumers, if such tangible personal property becomes an ingredient or component of such real or personal property without intervening use by such person; or c. Purchases for the purpose of consuming the property purchased in producing for sale a new article of tangible personal property or substance, of which such property becomes an ingredient or component or is a chemical used in processing, when the primary purpose of such chemical is to create a chemical reaction directly through contact with an ingredient of a new article being produced for sale; or d. Purchases for the purpose of consuming the property purchased in producing ferrosilicon which is subsequently used in producing magnesium for sale, if the primary purpose of such property is to create a chemical reaction directly through contact with an ingredient of ferrosilicon; or e. Purchases for the purpose of providing the property to consumers as part of competitive telephone service, as defined in RCW 82.04.065; or f. Purchases for the purpose of satisfying the person's obligations under an extended warranty as defined in subsection (8) of this section, if such tangible personal property replaces or becomes an ingredient or component of property covered by the extended warranty without intervening use by such person. The term shall include every sale of tangible personal property which is used or consumed or to be used or consumed in the performance of any activity defined as a "sale at retail" or "retail sale" even though such property is resold or utilized as provided in (a)(i) through (vi) of this subsection following such use. The term also means every sale of tangible personal property to persons engaged in any business that is taxable under RCW 82.04.280(1)(a), (b), and (g), 82.04.290, and 82.04.2908. 2. "Sale at retail" or "retail sale" also means every sale of tangible personal property to persons engaged in any business activity which is taxable under TMC Section 3.26.050.A.7. 3. The term "sale at retail" or "retail sale" includes the sale of or charge made for personal, business, or professional services including amounts designated as interest, rents, fees, admissions, and other service emoluments however designated, received by persons engaging in the following business activities: 2025 Legislation: B&O Tax Ordinance Version: 11/14/25 Staff: A. Schierenbeck Page 2 of 9 189 a. Information technology training services, technical support, and other services including, but not limited to, assisting with network operations and support, help desk services, in -person training related to hardware or software, network system support services, data entry services, and data processing services; or b. Custom website development services. For the purposes of this subsection (3), "website development services" means the design, development, and support of a website provided by a website developer to a customer; or c. Investigation, security services, security monitoring services, and armored car services including, but not limited to, background checks, security guard and patrol services, personal and event security, armored car transportation of cash and valuables, and security system services and monitoring. This does not include locksmith services; or d. Temporary staffing services. For the purposes of this subsection (3), "temporary staffing services" means providing workers to other businesses, except for hospitals licensed under chapter 70.41 or 71.12 RCW, for limited periods of time to supplement their workforce and fill employment vacancies on a contract or for a fee basis; or e. Advertising services. i. For the purposes of this subsection (3), "advertising services" means all digital and nondigital services related to the creation, preparation, production, or dissemination of advertisements including, but not limited to: A. Layout, art direction, graphic design, mechanical preparation, production supervision, placement, referrals, acquisition of advertising space, and rendering advice concerning the best methods of advertising products or services; and B. Online referrals, search engine marketing, and lead generation optimization, web campaign planning, the acquisition of advertising space in the internet media, and the monitoring and evaluation of website traffic for purposes of determining the effectiveness of an advertising campaign. ii. "Advertising services" do not include: A. Web hosting services and domain name registration; B. Services rendered in respect to the following: I. "Newspapers" as defined in RCW 82.04.214; II. Printing or publishing under RCW 82.04.280; and III. "Radio and television broadcasting" within this state as defined in RCW 82.04 (section 1, chapter 9, Laws of 2025); and C. Services rendered in respect to out -of -home advertising, including: Billboard advertising; street furniture advertising; transit advertising; place -based advertising, such as in-store display advertising or point -of -sale advertising; dynamic or 2025 Legislation: B&O Tax Ordinance Version: 11/14/25 Staff: A. Schierenbeck Page 3 of 9 190 static signage at live events; naming rights; and fixed signage advertising. Out -of -home advertising does not include direct mail; or f. Live presentations including, but not limited to, lectures, seminars, workshops, or courses where participants attend either in person or via the internet or telecommunications equipment that allows audience members and the presenter or instructor to give, receive, and discuss information with each other in real time. For the purposes of (a) through (c) and (e) of this subsection (3), the terms "sale at retail" and "retail sale" do not include a sale between members of an affiliated group as defined in RCW 82.04.299(1)(f). 4. "Sale at retail" or "retail sale" shall include the sale of or charge made for tangible personal property consumed and/or for labor and services rendered in respect to the following: a. The installing, repairing, cleaning, altering, imprinting, or improving of tangible personal property of or for consumers, including charges made for the mere use of facilities in respect thereto, but excluding charges made for the use of coin -operated laundry facilities when such facilities are situated in an apartment house, rooming house, or mobile home park for the exclusive use of the tenants thereof, and also excluding sales of laundry service to nonprofit health care facilities, and excluding services rendered in respect to live animals, birds and insects; b. The constructing, repairing, decorating, or improving of new or existing buildings or other structures under, upon, or above real property of or for consumers, including the installing or attaching of any article of tangible personal property therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation, and shall also include the sale of services or charges made for the clearing of land and the moving of earth excepting the mere leveling of land used in commercial farming or agriculture; c. The charge for labor and services rendered in respect to constructing, repairing, or improving any structure upon, above, or under any real property owned by an owner who conveys the property by title, possession, or any other means to the person performing such construction, repair, or improvement for the purpose of performing such construction, repair, or improvement and the property is then reconveyed by title, possession, or any other means to the original owner; d. The sale of or charge made for labor and services rendered in respect to the cleaning, fumigating, razing or moving of existing buildings or structures, but shall not include the charge made for janitorial services; and for purposes of this section the term "janitorial services" shall mean those cleaning and caretaking services ordinarily performed by commercial janitor service businesses including, but not limited to, wall and window washing, floor cleaning and waxing, and the cleaning in place of rugs, drapes and upholstery. The term "janitorial services" does not include painting, papering, repairing, furnace or septic tank cleaning, snow removal or sandblasting; 2025 Legislation: B&O Tax Ordinance Version: 11/14/25 Staff: A. Schierenbeck Page 4 of 9 191 e. The sale of or charge made for labor and services rendered in respect to automobile towing and similar automotive transportation services, but not in respect to those required to report and pay taxes under chapter 82.16 RCW; f. The sale of and charge made for the furnishing of lodging and all other services, except telephone business and cable service, by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property, and it shall be presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or enjoy the same. For the purposes of this subsection, it shall be presumed that the sale of and charge made for the furnishing of lodging for a continuous period of one month or more to a person is a rental or lease of real property and not a mere license to enjoy the same; g. The installing, repairing, altering, or improving of digital goods for consumers; h. The sale of or charge made for tangible personal property, labor and services to persons taxable under TMC Section 3.26.040.U.3.a, b, c, d, e, f, and g when such sales or charges are for property, labor and services which are used or consumed in whole or in part by such persons in the performance of any activity defined as a "sale at retail" or "retail sale" even though such property, labor and services may be resold after such use or consumption. Nothing contained in this section shall be construed to modify TMC Section 3.26.040.U.1 and nothing contained in TMC Section 3.26.040.U.1 shall be construed to modify this subsection. 5. "Sale at retail" or "retail sale" shall also include the providing of competitive telephone service to consumers. 6. "Sale at retail" or "retail sale": a. "Sale at retail" or "retail sale" shall also include the sale of prewritten software, custom software, and customization of prewritten computer software to a consumer, other than a sale to a person who presents a resale certificate under RCW 82.04.470, regardless of the method of delivery to the end user. For the purposes of this subsection (6)(a), the sale of prewritten computer software includes the sale of or charge made for a key or an enabling or activation code, where the key or code is required to activate prewritten computer software and put the software into use. There is no separate sale of the key or code from the prewritten computer software, regardless of how the sale may be characterized by the vendor or by the purchaser. b. (i). The term "sale at retail" or "retail sale" also includes the charge made to consumers for the right to access and use prewritten computer software, custom software, and customization of prewritten computer software, where possession of the software is maintained by the seller or a third party, regardless of whether the charge for the service is on a per use, per user, per license, subscription, or some other basis. (ii.) A. The service described in (b)(i) of this subsection (6) includes the right to access and use prewritten software, custom software, and customization of prewritten computer software to perform data processing. 2025 Legislation: B&O Tax Ordinance Version: 11/14/25 Staff: A. Schierenbeck Page 5 of 9 192 B. For the purposes of this subsection (b)(ii), "data processing" means the systematic performance of operations on data to extract the required information in an appropriate form or to convert the data to usable information. Data processing includes check processing, image processing, form processing, survey processing, payroll processing, claim processing, and similar activities. 7. "Sale at retail" or "retail sale" shall also include the sale of or charge made for labor and services rendered in respect to the building, repairing, or improving of any street, place, road, highway, easement, right of way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle which is owned by a municipal corporation or political subdivision of the state, the State of Washington, or by the United States and which is used or to be used primarily for foot or vehicular traffic including mass transportation vehicles of any kind. 8. "Sale at retail" or "retail sale" shall also include the sale of or charge made for an extended warranty to a consumer. For purposes of this subsection, "extended warranty" means an agreement for a specified duration to perform the replacement or repair of tangible personal property at no additional charge or a reduced charge for tangible personal property, labor, or both, or to provide indemnification for the replacement or repair of tangible personal property, based on the occurrence of specified events. The term "extended warranty" does not include an agreement, otherwise meeting the definition of extended warranty in this subsection, if no separate charge is made for the agreement and the value of the agreement is included in the sales price of the tangible personal property covered by the agreement. 9. "Sale at retail" or "retail sale" shall also include the sale of or charge made for labor and services rendered in respect to the constructing, repairing, decorating, or improving of new or existing buildings or other structures under, upon, or above real property of or for the United States, any instrumentality thereof, or a county or city housing authority created pursuant to chapter 35.82 RCW, including the installing, or attaching of any article of tangible personal property therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation (government contracting). 10. "Sale at retail" or "retail sale" shall not include the sale of services or charges made for the clearing of land and the moving of earth of or for the United States, any instrumentality thereof, or a county or city housing authority. Nor shall the term include the sale of services or charges made for cleaning up for the United States, or its instrumentalities, radioactive waste and other byproducts of weapons production and nuclear research and development. 11. "Sale at retail" or "retail sale" shall not include the sale of or charge made for labor and services rendered for environmental remedial action. 12. (a). "Sale at retail" or "retail sale" shall also include the following sales to consumers of digital goods, digital codes, and digital automated services: i. Sales in which the seller has granted the purchaser the right of permanent use; 2025 Legislation: B&O Tax Ordinance Version: 11/14/25 Staff: A. Schierenbeck Page 6 of 9 193 ii. Sales in which the seller has granted the purchaser a right of use that is less than permanent; iii. Sales in which the purchaser is not obligated to make continued payment as a condition of the sale; and iv. Sales in which the purchaser is obligated to make continued payment as a condition of the sale. (b). A retail sale of digital goods, digital codes, or digital automated services under this subsection (12) includes any services provided by the seller exclusively in connection with the digital goods, digital codes, or digital automated services, whether or not a separate charge is made for such services. (c). A retail sale of digital goods, digital codes, or digital automated services does not include the following services if the sale occurs between members of an affiliated group as defined in RCW 82.04.299(1)(f): i. Any service that primarily involved the application of human effort by the seller, and the human effort originated after the customer requested the service; ii. Live presentations, such as lectures, seminars, workshops, or courses, where participants are connected to other participants via the internet or telecommunications equipment, which allows audience members and the presenter or instructor to give, receive, and discuss information with each other in real time; iii. Advertising services. For purposes of this subsection, "advertising services" means all services directly related to the creation, preparation, production, or dissemination of advertisements. Advertising services include layout, art direction, graphic design, mechanical preparation, production supervision, placement, and rendering advice to a client concerning the best methods of advertising that client's products or services. Advertising services also include online referrals, search engine marketing and lead generation optimization, web campaign planning, the acquisition of advertising space in the internet media, and the monitoring and evaluation of website traffic for purposes of determining the effectiveness of an advertising campaign. Advertising services do not include web hosting services and domain name registration; and iv. Data processing services. For purposes of this subsection, "data processing service" means a primarily automated service provided to a business or other organization where the primary object of the service is the systematic performance of operations by the service provider on data supplied in whole or in part by the customer to extract the required information in an appropriate form or to convert the data to usable information. Data processing services include check processing, image processing, form processing, survey processing, payroll processing, claim processing, and similar activities. Data processing does not include the service described in subsection (6)(b) of this section. (d). For purposes of this subsection, "permanent" means perpetual or for an indefinite or unspecified length of time. A right of permanent use is presumed to have 2025 Legislation: B&O Tax Ordinance Version: 11/14/25 Staff: A. Schierenbeck Page 7 of 9 194 been granted unless the agreement between the seller and the purchaser specifies or the circumstances surrounding the transaction suggest or indicate that the right to use terminates on the occurrence of a condition subsequent. 13. "Sale at retail" or "retail sale" shall also include the installing, repairing, altering, or improving of digital goods for consumers. Section 2. TMC Section 3.26.040 Amended. Ordinance No. 2689 §5, as codified at TMC Section 3.26.040, "Definitions," subparagraph V, is hereby amended to read as follows: 3.26.040 Definitions "Sale at wholesale," "wholesale sale" means any sale of tangible personal property, digital goods, digital codes, digital automated services, prewritten computer software, custom software, customization of prewritten computer software, or services described in TMC Section 3.26.040.U.5.b.i, which is not a retail sale, and any charge made for labor and services rendered for persons who are not consumers, in respect to real or personal property and retail services, if such charge is expressly defined as a retail sale or retail service when rendered to or for consumers. Sale at wholesale also includes the sale of telephone business to another telecommunications company as defined in RCW 80.04.010 for the purpose of resale, as contemplated by RCW 35.21.715. Section 3. TMC Section 3.27.220 Amended. Ordinance No. 2726 §11, as codified at TMC Section 3.27.220, "Public Disclosure — Confidentiality — Information Sharing," subparagraph F, is hereby amended to read as follows: F. Any person acquiring knowledge of any return or tax information in the course of his or her employment with the City and any person acquiring knowledge of any return or tax information as provided under subsection (c)(4), (5), (6), (7), (8), (9), or (11) of this section, who discloses any such return or tax information to another person not entitled to knowledge of such return or tax information under the provisions of this section, is guilty of a misdemeanor. If the person guilty of such violation is an officer or employee of the city, such person must forfeit such office or employment and is incapable of holding any public office or employment in this city for a period of two years thereafter. Section 4. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/ subsection numbering. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. 2025 Legislation: B&O Tax Ordinance Version: 11/14/25 Staff: A. Schierenbeck Page 8 of 9 195 Section 6. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City and shall take effect and be in full force on January 1, 2026, after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2025. ATTEST/AUTHENTICATED: Andy Youn-Barnett, CMC, City Clerk Thomas McLeod, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Office of the City Attorney 2025 Legislation: B&O Tax Ordinance Version: 11/14/25 Staff: A. Schierenbeck Ordinance Number: Page 9 of 9 196 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 12/15/25 BJM ITEM INFORMATION ITEM No. 7.C. STAFF SPONSOR: BRANDON MILES ORIGINAL AGENDA DATE: 12/15/25 AGENDA ITEM TITLE Disposition of Old Fire Station 51 (444 Andover Park East) CATEGORY ❑ Discussion Mtg Date ® Motion Mtg Date 12/15/25 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ® Mayor ❑ Adnain Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ Pir SPONSOR'S SUM IARY Authorize the Mayor to Execute a Purchase and Sale Agreement for old Fire Station 51, located at 444 Andover Park East with Sound Generations and set a minimum purchase price of $5 million. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: N/A ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: N/A RECOMMENDATIONS: SPONSOR/ADMIN. N/A COMMIIIEE N/A COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $N/A AMOUNT BUDGETED $N/A APPROPRIATION REQUIRED $N/A Fund Source: N/A Comments: The City will receive approximently $4,725,000 in general fund revenue. MTG. DATE RECORD OF COUNCIL ACTION 12/15/25 MTG. DATE ATTACHMENTS 12/15/25 Staff Memo, dated December 9, 2025 Dashboard of Offers 197 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Tukwila City Council FROM: Brandon J. Miles, Director, Strategic Initiatives and Government Relations CC: Thomas McLeod, Mayor DATE: December 9, 2025 SUBJECT: Disposition of Old Fire Station 51 ISSUE Authorize the Mayor to Execute a Purchase and Sale Agreement for old Fire Station 51, located at 444 Andover Park East with Sound Generations and set a minimum purchase price of $5 million. BACKGROUND On June 16, 2025, the City Council passed R solufion..aN....2....2....1„ , regarding the disposition of old Fire Station 51. Specifically, the Resolution provided the following direction to staff: 1. Declared both the real and personal property of old Fire Station 51 as surplus; 2. Authorized an alternative process to receive offers for the property and authorized the Mayor or designee to negotiate; 3. Required the Mayor or designee to report to the City Council on a recommended purchaser for the property; and 4. Authorized the City to hire a broker to list, market, and conduct other real estate brokerage activities for the City of Tukwila. Included with the Resolution as an attachment was a staff report, dated May 13, 2025, that outlined criteria the City could use in considering offers. Brokers and Offers The City retained Alan ("Al") Robertson and Will Schmidt of NAI Puget Sound Properties to serve as the City's brokers for the property. The broker's estimate for the value of the property was $4.2 million. The City's brokers began to aggressively market and promote the property for sale, as follows: • 8/1/2025 — NAI Puget Sound Properties received the mutually executed listing agreement to begin the sale process on behalf of the City of Tukwila. • 8/1/2025 through 9/6/2025 — Physical marketing of the property began by taking the offering memorandum to surrounding tenants and property owners. • 8/25/2025 — "For Sale" sign was installed on the property. • 8/25/2025 — Email Campaign began to the commercial real estate brokerage community via internal databases utilized to market properties. • Social Media posts made via Linkedln generating 2,968 views and reaching 1,663 members. City staff also posted the listing on their Linkedln pages. • Property was listed on all primary and industry standard listing services such as, but not limited to: CoStar, Commercial Brokers Association (CBA), Crexi, Buildout via NAI Puget Sound Properties website, Property Shark, etc. • Phone calls made to surrounding tenants, property owners, investors, developers, etc. • There were several inquiries and leads generated from all aspects of marketing. 198 INFORMATIONAL MEMO Page 2 The property was exposed to the market for 93 days, and a total of 11 groups toured the property. The City received five competitive offers that were near or significantly above the broker's estimated value of $4.2 million. A dashboard comparing the offers is attached with this memo. All groups were given an opportunity to revise their offers and all resubmitted higher offers to the City than they initially provided. DISCUSSION Staff and the broker ranked the offers as follows: 1. Sound Generations (non-profit providing various social services): $5,000,000 2. Buyer C: $4,315,000 3. Buyer D: $4,250,000 4. Buyer E: $4,050,000 5. Buyer B: $5,000,000 A dashboard that provides a high-level overview of the five offers is attached with this memo at attachment "A". Based on the criteria in Resolution No. 2119, the strongest offer submitted was from Sound Generations, offering $5 million for the property and a quick closing in 2026. Sound Generations is a 501(c)(3) non-profit corporation, which provides a variety of human services to the City and King County. Sound Generations is proposing to use the property for its Meals on Wheels program, transportation, minor home repair program, general office use, and vehicle storage. Sound Generations provided a letter from a reputable community loan fund for the financing and is providing earnest money consistent with industry standards. Overview of Criteria Provided In Resolution 2119 Highest Financial Value to the City Staff considered various factors regarding the financial impacts of the property to the City. This includes both the sales price and future tax revenue. 199 INFORMATIONAL MEMO Page 3 200 Property Taxes to the City After Disposition The following outlines the anticipated property taxes from the property if it is sold. The actual amount will vary based on the construction type of use of the property. Additionally, two of the entities may seek property tax exemption for the property. Sound Generations Buyer C Buyer D Buyer E (Hotel) Buyer B Estimated After Sale Value $7,000,000 $10,0000 10,0000 $15,000,0001 $15,000,00 Total Property Taxes Collected (All), $10.90908 per $1,000 $76,363 $109,090 $109,090 $163,363 $163,636 City's portion of the collected property tax, $1.19 per $1,000 $8,330 $11,900 $11,900 $17,850 $17,850 Exempt Organization? Yes. No No. No. Yes. Net Present Value2 of property tax collected over 30 years, assuming a 1% increase per year and using a 10% discount rate. Exempt $94,590 $94,590 $135,129 Exempt 'The Tru by Hilton at 395 Corporate Drive is valued at $13,179,200 by the King County Assessor. This is the best comparable property to what could go on the old Fire Station property. The Element at 515 Industry Dr. is valued at $32,285,100. However, this property is over 2.5 times the size of the City's fire station property and the hotel is much larger than what is proposed on the City's property. 2 Net present value (NPV) is used to value future cash flow in today's dollars. A discount rate is used for the future cash flow. The basic premise being that a dollar today is worth more than a dollar tomorrow. INFORMATIONAL MEMO Page 4 Sales Tax After Disposition Sound Generations Buyer C Buyer D Buyer E (Hotel) Buyer B Estimated Taxable Retail Sales Negligible Negligible Negligible $5,064,3753 Negligible City of Tukwila Sales Tax Collection Only (.00964) Negligible Negligible Negligible $32,722, starting in 2029 once the hotel is up and running. Net present value of sales tax collected over 30 years, assuming a 3% increase per year and using a 10% discount rate. Negligible Negligible Negligible $432,630 Negligible Total Financial Value of Offers of the City Sound Generations Buyer C Buyer D Buyer E (Hotel) Buyer B Present Value of Price to the City. $5,000,000 $4,315,000 $4,250,000 $4,050,000 $4,416,6045 Less Brokerage Fee6 ($275,000) ($215,750) ($212,500) ($202,500) ($250,000) Net Present value of property tax collected over Exempt $94,590 $94,590 $135,129 Exempt 3 Working with Explore Seattle Southside, the City estimates the revenue for a 100-unit hotel as being as follows 100 rooms*75% occupancy*average rate of $165*365 days=$4,516,875) For incidentals the City is assuming $547,500 (100 rooms * 75% occupancy *$20 per room * 365 days=$547,500). Total taxable sates in first year of full operation would be $5,064,375. Assuming first year of full operation would be 2029. 4Assumes adopted increase from HB 2015. 5 Using a 10% discount rate and applying it to three years of payments to the City. 62.5% seller's broker and 2.5% buyer's broker. Industry standards for commissions. 201 INFORMATIONAL MEMO Page 5 30 years, assuming a 1% increase per year and using a 10% discount rate. Net present value of sales tax collected over 30 years, assuming a 3% increase per year and using a 10% discount rate. Negligible Negligible Negligible $432,630 Negligible Total Present Value to City: $4,725,000 $4,099,250 $4,037,500 $4,415,259 $4,166,604 It should be noted that the hotel development could take several years to open and during that time, even if the City closed on the property, the City would be subject to market risk regarding the forecasted tax collections. Additionally, there is concern that revenue from a new hotel might not actually be "new" revenue, but simply redirection of business from existing hotels within the City. The City currently has sufficient number of hotel rooms and occupancy, even during peak months, is not going above 90% and the average daily rate never goes about $180 per night. Additionally, hotels generate a significant number of calls for service for police and fire compared to warehouse, office, and warehouse operations. Hotel Occupancy and Revenue Per Occupied Room in Tukwila Year 2025 Year January 31 February 28 March 31 April 30 May 31 June 30 July 31 August 31 September 30 2024 October November December 31 30 31 Occupancy 61.2 69.5 72.2 74.7 76.3 82.0 86.5 85.2 81.5 73.2 66.0 60.1 Revenue Per Occupied Average Daily Rate Room 117.93 123.67 122.61 124.86 140.10 172.21 179.61 172.17 153.91 135.18 119.79 111.82 72.14 85.98 88.49 93.27 106.86 141.28 155.42 146.71 125.47 99.00 79.06 67.21 202 INFORMATIONAL MEMO Page 6 Closing All offers have typical closing periods and will provide the full purchase price at closing, except for the offer from Buyer B. The offer from Buyer B is asking the City to finance the deal over three years. This is not a viable option because the Washington State Constitution prohibits any local government entity from lending money or credit to a private party, except for the necessary support of the poor and infirm (Art .VIII, Sect. 7). Also, the actual value of the transaction in today's dollars is reduced if the City receives the $5 million over three years versus receiving the funds next year. Past Performance by the Buyer Sound Generations, Buyer C, Buyer D, and Buyer E have experience with development. It's unclear what experience Buyer B has in development. Appraisal May be conducted at a later date. However, the City may not need an appraisal given that we have received multiple offers that are in a consistent price range for the property. Given that the property has been exposed to the market for 93 days, we can reasonably conclude that the offers provided to the City reflect the fair market value of the property. Zoning Standards All of the uses, expect for the hotel, appear to be allowable uses in the zone. The City could change the zoning to allow the hotel use, but the outcome is not certain, it would take considerable time to accomplish this and the City risks losing the other buyers. The buyer would have the ability to walk up until the City modifies the zoning or allows it via a development agreement. RECOMMENDATION AND NEXT STEPS The offer from Sound Generation represents the best value overall to the City. Even forecasting future cash flow from a potential hotel, the net present value of the Sound Generations' offer is higher than the purchase price and the future tax collections from a hotel. Staff is recommending that the Council authorize the Mayor to negotiate and execute a final purchase and sale agreement with Sound Generations, for a minimum price of $5 million, subject to approval by the City Attorney. ATTACHMENT(S) • Dashboard of Offers 203 Attachment Lu s_ CO 0 s_ CO m LL CD CD CD CD LO CD 'LT URCHASE PRICE C:LD C:LD C:LD C:LD C:LD C:LD C:LD CLL CD CD CD cLL LL ci) LL LL :0 CD 0 LPL LIL 0 0 ca. c.: a3 CD CD L., CD L,„ RD a3 0., w 04 LO E c2 co. cr. co. 0 0 ui CD LL Le16LL .L. C1) 0 0 —11 204 Attachment 205 206 Thomas McLeod, Mayor TO: Mayor's Office - Marty Wine, City Administrator The city of opportunity, the community of choice Mayor McLeod Councilmembers FROM: Marty Wine, City Administrator DATE: December 9, 2025 SUBJECT: City Administrator's Report The City Administrator Report is meant to provide the Council, staff, and the community with an update on the activities of the City and on issues that concern Tukwila. Please let me know if you have any questions or need additional information about any of the following items. I. Intergovernmental Update • King County Visit to Tukwila Elementary: On November 26 Mayor McLeod and Director Miles joined King County Executive Zahilay, King County Councilmember Fain, and the Tukwila School District at Tukwila Elementary for Executive Zahilay's day of service. Executive Zahilay learned about the Snackpack program, and the group filled bags with food for students. • Tukwila School District Monthly Providers Meeting: On December 2 Human Services staff participated in the Tukwila School District monthly provider meeting focusing on social services at year end. • 2026 Emergency Management Strategic Planning Meeting: On December 2 Deputy City Administrator Pete Mayer and Emergency Manager Mindi Mattson attended a 2026 strategic planning meeting with the City of Maple Valley and Puget Sound Regional Fire Authority to jointly and regionally plan emergency management exercises, training and education, including preparations for World Cup 2026. • American Public Works Association (APWA) Stormwater Project Networking Fair: On December 3 Public Works staff attended the regional APWA Stormwater Project Networking Fair. • Sound Cities Association Annual Meeting: On December 3 Mayor McLeod and Councilmember Ho attended the Sound Cities Association Annual Meeting on December 3. • Sound Transit Light Rail Extension Events: Mayor McLeod and Councilmember Camacho participated in a preview ride event for the new extension of link light rail going to Federal Way on December 3 and 6 Mayor McLeod attended the official ribbon cutting on December 6. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 207 City Administrator's Report December 9, 2025 Page 2 • Puget Sound Regional Council Executive Board Meeting: Mayor McLeod attended the monthly Puget Sound Regional Council Executive Board meeting on December 4. • Human Services Advisory Board Meeting: Human Services staff facilitated a Human Services Advisory Board meeting on December 4, focusing on the upcoming funding cycle, trends in federal cuts, and impacts on community and non -profits. • Washington State Recycling Association: Public Works staff attended the monthly Washington State Recycling Association board meeting on December 4. • Seattle Southside Chamber of Commerce Elected Officials Reception: On December 4 Mayor McLeod and Councilmember Papyan attended the Seattle Southside Chamber of Commerce Elected Officials Reception. • Panelist at Evans School of Public Policy and Governance: City Administrator Wine was part of a panel speaking with Master of Public Administration students for a local government management class at University of Washington Evans School of Public Policy and Governance on December4. • King County Parks Directors Meeting: Parks & Recreation staff attended the King County Parks Directors Meeting on December5. • 2026 FIFA Draw Event: On December 5 the City, in partnership with Explore Seattle Southside and the Seattle Southside of Chamber, hosted a breakfast for the 2026 FIFA draw. Nearly 50 people from south King County participated including Mayor McLeod, Councilmembers Camacho and Papyan, and city staff. • King County Grant Award: King County Council's 2026-2027 budget included a grant award to the City of Tukwila of $50,000 for youth and amateur sports activities or facilities. II. Community Events • Senior Thanksgiving Lunch: The Parks & Recreation Senior Adult Program hosted its annual Thanksgiving lunch at the DoubleTree Suites in Southcenter to record attendance. Mayor McLeod, Councilmembers Hedrick and Martinez and City Administrator Wine participated in the event that was held in partnership with the City of Burien. • Tukwila Community Leadership Initiative Celebration: On December 2 Mayor McLeod, Councilmembers Abdi, Hedrick, Papyan, City Administrator Wine, and Judge Walden participated in the Tukwila Community Leadership Initiative Celebration. A cohort of 17 participants received certificates for their successful completion of the 7-week program. • 12 Days of Goodness: The Parks & Recreation Senior Adult Programs hosted the 12 Days of Goodness on December 5, where Seahawks players of years past had lunch and conversed with our community's seniors. Councilmember Ho participated in the event that was held in partnership with the City of Burien. • Spirit of Giving: The annual Spirit of Giving event will be held on December 14. The invitation -only event welcomes Tukwila families with a holiday celebration and care packages. The department has raised nearly $20,000, which will go toward providing grocery gift cards to families in need. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 208 City Administrator's Report December 9, 2025 Page 3 III. Staff Updates Public Safety • Retail Emphasis: The Police Department conducted retail emphasis on Black Friday with no significant issues and are now in preparation for the upcoming "day after Christmas" emphasis. • Shop With a Cop Event: This year's Shop with a Cop event will be December 13. Police Department members will pick up 12 children selected by the schools, to go shopping for their families for Christmas. Project Updates • Outback Steakhouse Emergency Sewer Repair: The Emergency Sewer Repair project at Outback Steakhouse is complete and the excavated section of Southcenter Parkway was repaved before Thanksgiving. City Sewer Crews inspected the new pipe with video from the sewer inspection truck and observed that all is in working order. • Allentown Supplemental EIS: The Allentown Truck Reroute Supplemental EIS process is complete. Documents have been accepted by the Department of Ecology on December 3 and will be uploaded to the project website soon. • Duwamish Hill Preserve Phase 3: Public Works staff met with representatives from the Muckleshoot Indian Tribe and Washington Department of Fish and Wildlife on December 5 to discuss the concept designs for Duwamish Hill Preserve Phase 3. • Lower Duwamish Cleanup: The Lower Duwamish Cleanup is progressing into final cleanup of polluted sediments in the waterway. Construction on parcels near the waterway will take up to 10 years to complete. Stormwater CIP "Norfolk Pipeline Separation" will finalize Tukwila's responsibilities. • 2025 Neighborhood Traffic Calming Program: Staff are working on the communication plan to close out the 2025 Neighborhood Traffic Calming Program site selections. • Desimone Levee Project: Public Works Director Tetatzin met with King County Water and Land Resources Division's Capital Delivery Section manager regarding the new timeline and scoping of the Desimone Levee project per the Flood Control District's recently adopted Budget and CIP. • West Valley Highway Speed Limit Change: Public Works continues to coordinate the City of Kent regarding change in speed limit for West Valley Highway. With City Council's adoption of Ordinance 2778 on December 1, the speed limit will change from 50 mph to 40 mph in mid - January 2026. • Coordination with Seattle City Light on Vegetation Management Plan: Public Works Director Tetatzin worked with Seattle City Light to understand their vegetation management plan in Tukwila, which is important to reduce electricity outages and improve reliability of the grid. The 2025 program is 6 months behind schedule and will require contracting and permitting to proceed. DCD has been provided with the information. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 209 City Administrator's Report December 9, 2025 Page 4 • Utilities Coordination Meeting: Public Works Director Tetatzin is hosting a Utilities Coordination meeting on December 11 at the Justice Center to improve relationships with all utilities operating in the Tukwila right of way. • 2025 Annual Small Drainage Project: 2025 Annual Small Drainage project work on 42nd Ave South, including a road closure and detour (1-2 days), is postponed to the latter half of January due to long lead item procurement and interagency coordination. Boards, Commissions and Committees We welcome the City Council to encourage community members to apply for vacant Board & Commission positions. • Arts Commission: The next meeting is scheduled for December 17, 2025. 2 Resident position terms expire March 31, 2026. VACANT: 1 Resident Position. • Civil Service Commission: The next meeting is scheduled for December 18, 2025. 1 resident position term expires March 31, 2026. No vacancies. • COPCAB: The next meeting is scheduled for December 11, 2025. 3 resident position terms expire March 31, 2026. VACANT: 1 Business position and Student Representative. • Equity & Social Justice Commission: The next meeting is scheduled for January 8, 2026. 1 City Employee position term expires March 31, 2026. 2 Education position terms expire March 31, 2026. 1 Community position term expires March 31, 2026. No vacancies. • Human Services Advisory Board: The next meeting is scheduled for February 2026. 1 Resident position term expires March 31, 2026. 1 School District position term expires March 31, 2026. 1 Medical/Health position term expires March 31, 2026. No vacancies. • Library Advisory Board: The next meeting is scheduled for January 2026. 3 Resident position terms expire March 31, 2026. VACANT: 1 Resident position and Student Representative. • Lodging Tax Advisory Committee: The next meeting is scheduled for January 9, 2026. All positions are 1-year terms. VACANT: 1 Business Collecting Tax Representative & 1 Business Funded by Tax Representative. • Park Commission: The next meeting is scheduled for December 10, 2025. 2 Community position terms expire March 31, 2026. VACANT: 1 Community position and Student Representative. • Planning Commission: The next meeting is scheduled for January 2026. VACANT: 1 Business position and 1 Resident position. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 210 City Administrator's Report December 9, 2025 Page 5 IV. Responses to Council/Community Inquiries Date of Inquiry Inquiry Response 12/1/2025 Councilmember Martinez asked why the rain buckets have returned to City Hall? Wasn't the roof addressed last year. Patching efforts failed in an effort for a short-term fix; next fix is more extensive roof repair scheduled for 2026. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 211 212 Tentative Agenda Schedule MEETING 1— REGULAR MEETING 2 — C.O.W. MEETING 3 — REGULAR MEETING 4 — C.O.W. DECEMBER 1 December 1, 2 25 Work Session December 1, 225 Regaullair Meeting DECEMBER 8 December 8, 2 25 Committee of the Wlholle DECEMBER 15 December 15, 2 25 Work Session . Cairncelllled December 15, 22!5 Reception for autgoi ng E::Ilected fficialls 6151p,im, to'7: 0 p,irn, City Hal Lobby December 15, 2 2!5 Regaullair Meeting DECEMBER 22 MEETING 1— REGULAR MEETING 2 — C.O.W. MEETING 3 — REGULAR MEETING 4 — C.O.W. JANUARY 5 JANUARY 12 JANUARY 19 / A REGULAR MEETING 1 A CANCELLED JANUARY 26 PRESENTATION - Puget Sound Fire / Fire Benefit Charge and Operations update. Special Meeting to follow Committee of the Whole Meeting. 213