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HomeMy WebLinkAboutCSS 2026-03-23 COMPLETE AGENDA PACKETCITY OF TUKWILA Community Services and Safety City Council Committee Meeting Monday, March 23, 2026 at 5:30 p.m. Location: Tukwila City Hall, Hazelnut Conference Room, 6200 Southcenter Boulevard, Tukwila, WA 98188 Join remotely: 1-253-292-9750, Access Code: 936039108# or click here to join virtually 1. 2. AGENDA BUSINESS AGENDA a. Accept RCO Washington Wildlife and Recreation Program — Forward to 04/06 Pg. 2 Local Parks Grant for the Riverton Park Playground Regular Consent Replacement Project. David Rosen, Parks & Recreation Fiscal Analyst b. Accept King County Youth Amateur Sports Grant for the Forward to 04/06 Pg. 40 Joseph Memorial Park Turf Field Conversion Project. Regular Consent David Rosen, Parks & Recreation Fiscal Analyst c. Property Lease Agreement for the Gregor House. Forward to 04/06 Pg. 94 Stacy Hansen, Human Services Program Coordinator Regular Consent MISCELLANEOUS a. Update on Driver Privacy Act, Senate Bill (SB) 6002 Discussion Only Pg. 102 Laurel Humphrey, Legislative Analyst City of Tukwila Thomas McLeod, Mayor Marty Wine, City Administrator Agenda Item Sponsor Legislative History Recommended Motion EXECUTIVE SUMMARY ITEM NO. 1.A. AGENDA BILL Grant Acceptance — RCO WWRP — Local Parks Grant (Riverton Playground Replacement) David Rosen, Fiscal Analyst Parks & Recreation March 23, 2026 Community Services & Safety Committee April 6, 2026 Regular Meeting Consent Agenda ❑ Discussion Only ❑x Action Requested MOVE TO authorize acceptance of the Washington Wildlife and Recreation Program Local Parks Grant from the Washington State Recreation and Conservation Office in the amount of $500,000 for the Riverton Park Playground Replacement Project The City of Tukwila Parks & Recreation Department has been awarded a $500,000 Washington Wildlife and Recreation Program — Local Parks Grant from the Washington State Recreation and Conservation Office. This grant will support the replacement of the playground currently in place at Riverton Park. Per city policy, mayoral acceptance of this grant must first be approved by the Tukwila City Council. Department staff request the Community Services and Safety Committee forward this item to the April 6th Regular Meeting Consent Agenda for council approval. DISCUSSION In Q3/Q4 of 2023, the Parks and Recreation Department retained the landscape architecture firm GGLO for creation of playground replacement plan at Riverton Park. In Q1 2024, this work culminated with the proposal of a conceptual progress package presented to department staff. The project includes a full replacement of the playground currently in place at Riverton Park, focusing on the creation of new play spaces for a wider range of youth ages and abilities, installation of a larger picnic shelter on site, accessibility and connectivity improvements throughout the play space, and increasing plantings on site for shade and park noise abatement. In Q2 of 2024, the department applied for grant funding through the Washington State Recreation and Conservation Office (RCO). In Q2 2025, the project was designated an alternate for funding, indicating funding could be awarded if excess funds were determined to be available after the relevant legislative session and updates regarding other RCO-supported projects. In Q3 2025, the department received confirmation from RCO that the project would be fully funded. Department staff have since begun discussions with the national nonprofit, KABOOM!, who is interested in partnering with the City of Tukwila on this project in a similar capacity to the work performed at the Duwamish Park Playground Replacement in Q3 2025. No formal agreement has been signed by the city and KABOOM! as it relates to this project at this time. 2 The agreement has been reviewed and approved as to form by the City Attorney. City staff hope to complete all necessary construction activities for this project in Fiscal Year 2026. FINANCIAL IMPACT Complete for all items requiring City expenditure Disclaimer: Final terms and scope of work subject to review by the City Attorney ❑ Expenditure - Budgeted Expenditures: Fund Source: ❑ Expenditure - Unbudgeted $0 WWRP Local Parks Grant ❑ Expenditure - Grant -Funded © Revenue — One -Time (e.g. Revenues (if applicable): asset sale, surplus equipment) $500,000 ❑ Revenue — Ongoing Contractor (if applicable) Washington State RCO and RCFB Scope of Work Replacement and other necessary upgrades to the playground and play space areas located at Riverton Park. Please reference attached concept design package for the proposed. Amount Grant Award: $500,000.00 (63% local match, to be funded through a combination of other grant funding and Fund 301) Current estimates place the total project cost at $1,367,600; staff are working with vendors and other consultants to confirm this figure at this time. Duration Staff are aiming for construction to commence and conclude within Q3/Q4 of 2026. Additional Comments: ATTACHMENTS A --- Proposed Project 24-1800D RCO Grant Agreement B --- Riverton Park Playground Replacement Concept Design Package https://tukwilawa.sharepoint.com/sites/clerksintraneVCouncil Agenda Items/03-23 CSS Committee/Grant Acceptance - RCO WWRP - Local Parks Grant (Riverton)/Riverton Park Playground Replacement Agenda Bill - Andy edits.docx 3 Y t� WASHINGTON STATE Recreation and Conservation Office RCO Grant Agreement Project Sponsor: Tukwila Parks & Recreation Department Project Number: 24-1800D Project Title: Riverton Park Playground Renovation Approval Date: 09/19/2025 PARTIES OF THE AGREEMENT This Recreation and Conservation Office Grant Agreement (Agreement) is entered into between the State of Washington by and through the Recreation and Conservation Funding Board (RCFB or funding board) and the Recreation and Conservation Office (RCO), P.O. Box 40917, Olympia, Washington 98504-0917 and by and through the Tukwila Parks & Recreation Department (Sponsor, and primary Sponsor), 12424 - 42nd Ave S, Tukwila, WA 98168, and shall be binding on the agents and all persons acting by or through the parties. All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that expressly apply only to the primary Sponsor. Prior to and during the Period of Performance, per the Applicant Resolution/Authorizations submitted by all Sponsors (and on file with the RCO), the identified Authorized Representative(s)/Agent(s) have full authority to legally bind the Sponsor(s) regarding all matters related to the project identified above, including but not limited to, full authority to: (1) sign a grant application for grant assistance, (2) enter into this Agreement on behalf of the Sponsor(s), including indemnification, as provided therein, (3) enter any amendments thereto on behalf of Sponsor(s), and (4) make any decisions and submissions required with respect to the project. Agreements and amendments must be signed by the Authorized Representative/Agent(s) of all Sponsors, unless otherwise allowed in the AMENDMENTS TO AGREEMENT Section. A. During the Period of Performance, in order for a Sponsor to change its Authorized Representative/Agent as identified on the original signed Applicant Resolution/Authorization the Sponsor must provide the RCO a new Applicant Resolution/Authorization signed by its governing body or a written delegation of authority to sign in lieu of originally authorized Representative/Agency(s). Unless a new Applicant Resolution/Authorization has been provided, the RCO shall proceed on the basis that the person who is listed as the Authorized Representative in the last Resolution/Authorization that RCO has received is the person with authority to bind the Sponsor to the Agreement (including any amendments thereto) and decisions related to implementation of the Agreement. B. Amendments After the Period of Performance. RCO reserves the right to request and Sponsor has the obligation to provide, authorizations and documents that demonstrate any signatory to an amendment has the authority to legally bind the Sponsor as described in the above Sections. For the purposes of this Agreement, as well as for grant management purposes with RCO, only the primary Sponsor may act as a fiscal agent to obtain reimbursements (See PROJECT REIMBURSEMENTS Section). PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the Outdoor Recreation Account of the State of Washington. The grant is administered by the Recreation and Conservation Office (RCO). DESCRIPTION OF PROJECT The City of Tukwila will use this grant to renovate Riverton Park Playground. The old playground will be removed and replaced with new play structures and surfacing. The existing picnic shelter will also be removed and replaced. Paths will be renovated to improve accessibility. The grant will also fund site furnishings and landscaping. The primary recreation opportunity provided by this project is active play. PERIOD OF PERFORMANCE The period of performance begins on January 1, 2026 (project start date) and ends on December 31, 2026 (project end date). No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written amendment or addendum to this Agreement, or specifically provided for by applicable RCWs, WACs, and any applicable RCO manuals as of the effective date of this Agreement. The RCO reserves the right to summarily dismiss any request to amend this Agreement if not made at least 60 days before the project end date. STANDARD TERMS AND CONDITIONS INCORPORATED The Standard Terms and Conditions of the Recreation and Conservation Office attached hereto are incorporated by reference as part of this Agreement. RCO: 24-1800 Revision Date: 1/31/2025 Page 1 of 21 4 LONG-TERM OBLIGATIONS For this development project, the Sponsor's long-term obligations for the project area shall be in perpetuity, beginning at project completion, unless otherwise identified in the Agreement or as approved by the funding board or RCO. PROJECT FUNDING The total grant award provided for this project shall not exceed $500,000.00. The RCO shall not pay any amount beyond that approved for grant funding of the project and within the percentage as identified below. The Sponsor shall be responsible for all total project costs that exceed this amount. The minimum matching share provided by the Sponsor shall be as indicated below: Percentage RCFB - WWRP - Local Parks 36.56% Project Sponsor 63.44% Total Project Cost 100.00% Dollar Amount $500,000.00 $867,600.00 $1,367,600.00 Source of Funding State At the direction of the legislature and RCO best practices, sponsors must utilize the project funds in a timely and efficient manner in accordance with the project milestones set forth in this Agreement. Projects not aptly progressing towards completion may have funding rescinded. RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light of the Sponsor's application and the project summary and eligible scope activities under which the Agreement has been approved and/or amended as well as documents produced in the course of administering the Agreement, including the eligible scope activities, the milestones report, progress reports, and the final report. Provided, to the extent that information contained in such documents is irreconcilably in conflict with the Agreement, such information shall not be used to vary the terms of the Agreement, unless the terms in the Agreement are shown to be subject to an unintended error or omission. "Agreement" as used here and elsewhere in this document, unless otherwise specifically stated, has the meaning set forth in the definitions of the Standard Terms and Conditions. AMENDMENTS TO AGREEMENT Except as provided herein, no amendment (including without limitation, deletions) of this Agreement will be effective unless set forth in writing signed by all parties. Exception: extensions of the Period of Performance and minor scope adjustments need only be signed by RCO's director or designee and consented to in writing (including email) by the Sponsor's Authorized Representative/Agent or Sponsor's designated point of contact for the implementation of the Agreement (who may be a person other than the Authorized Agent/Representative), unless otherwise provided for in an amendment. This exception does not apply to a federal government Sponsor or a Sponsor that requests and enters into a formal amendment for extensions or minor scope adjustments. It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its behalf is duly authorized to do so. Unless otherwise expressly stated in an amendment, any amendment to this Agreement shall be deemed to include all current federal, state, and local government laws and rules, and policies applicable and active and published in the applicable RCO manuals or on the RCO website in effect as of the effective date of the amendment, without limitation to the subject matter of the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone. However, any such amendment, unless expressly stated, shall not extend or reduce the long-term obligation term. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND POLICIES This Agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations, applicable RCO manuals as identified below, Exhibits, and any applicable federal program and accounting rules effective as of the date of this Agreement or as of the effective date of an amendment, unless otherwise provided in the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone unless otherwise expressly stated in the amendment. For the purpose of this Agreement, WAC Title 286, RCFB policies shall apply as terms of this Agreement. RCO: 24-1800 Revision Date: 1/31/2025 Page 2 of 21 5 For the purpose of this Agreement, the following RCO manuals are deemed applicable and shall apply as terms of this Agreement: • Development Projects - Manual 4 • Long Term Obligations - Manual 7 • Reimbursements - Manual 8 • WWRP - Recreation Programs - Manual 10a SPECIAL CONDITIONS 1. CONTROL AND TENURE - RECAPTURE RCO and Sponsor acknowledge that the Lease for Riverton Park dated December 21, 2021 does not conform to the RCFB's control and tenure policies because it is revocable at will by the Lessor in the event of recapture. Should the Lease be terminated, or the leased property be recaptured for a purpose(s) that restricts, limits, or precludes recreational use at the project area, less than 25 years from RCO's final reimbursement for the project, the entire project area will be deemed a conversion under and subject to the LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS section of the Standard Terms and Conditions of this Agreement and the Sponsor will be responsible for remedying the conversion. SPECIAL CONDITIONS - CULTURAL RESOURCES CONDITION APPLIES TO THE FOLLOWING AREA(S): Riverton Park Playground Renovation Area of Potenial Effect State - RCO Lead: Survey required: This agreement requires compliance with Executive Order 21-02. RCO has completed initial consultation for this project and a cultural resources survey is required. The cultural resources survey must include documentation of any above or below ground archaeological resources as well as any possible historic structures or buildings (over 45 years of age) in the project area, on appropriate Washington State recording forms. A historic property inventory form may be required for the park itself, if it is over 45 years of age. The Sponsor must submit the results of the cultural resources survey to RCO and receive a notice of cultural resources completion. Project actions started without approval will be considered a breach of contract. If archaeological or historic materials are discovered while conducting project activities, work in the immediate vicinity must stop and the Sponsor must ensure compliance with the provisions found in this agreement. All cultural resources work must meet reporting guidelines outlined by the Department of Archaeology and Historic Preservation. AGREEMENT CONTACTS The parties will provide all written communications and notices under this Agreement to either or both the mail address and/or the email address listed below: Sponsor Project Contact David Rosen Fiscal Analyst 12424 42nd Ave S Tukwila, WA 98168 david.rosen@tukwilawa.gov RCO Contact Aaron Johnson Outdoor Grant Manager PO Box 40917 Olympia, WA 98504-0917 aaron.johnson@rco.wa.gov These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change. Unless otherwise provided for in this Agreement, decisions relating to the Agreement must be made by the Authorized Representative/Agent, who may or may not be the Project Contact for purposes of notices and communications. ENTIRE AGREEMENT This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. EFFECTIVE DATE Unless otherwise provided for in this Agreement, this Agreement, for Project 24-1800, shall become effective and binding on the date signed by both the sponsor and the RCO's authorized representative, whichever is later (Effective Date). Reimbursements for eligible and allowable costs incurred within the period of performance identified in the PERIOD OF PERFORMANCE Section are allowed only when this Agreement is fully executed and an original is received by RCO. RCO: 24-1800 0 Revision Date: 1/31/2025 Page 3 of 21 The Sponsor has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement and the STANDARD TERMS AND CONDITIONS OF THE RCO GRANT AGREEMENT. The signatories listed below represent and warrant their authority to bind the parties to this Agreement. Tukwila Parks & Recreation Department By: Date: Name (printed): Title: State of Washington Recreation and Conservation Office On behalf of the Recreation and Conservation Funding Board (RCFB or funding board) By: Date: FOR Megan Duffy Director Recreation and Conservation Office Pre -approved as to form: �, ....7� By: Date: Assistant Attorney General 01 /31 /2025 RCO: 24-1800 Revision Date: 1/31/2025 Page 4 of 21 7 WASHINGTON STATE RCO Grant Agreement Recreation and Conservation Office Project Sponsor: Tukwila Parks & Recreation Department Project Number: 24-1800D Project Title: Riverton Park Playground Renovation Approval Date: 09/19/2025 Eligible Scope Activities ELIGIBLE SCOPE ACTIVITIES Development Metrics Worksite #1, Riverton Park General Site Improvements Construct picnic shelter Number of group picnic shelters: Develop circulation paths or access routes Enter length of circulation paths and routes by surface type: Asphalt Boardwalk Concrete Crushed rock Recycled materials Lighting provided (yes/no): Install general site structures Select one or more of the sheltered structures included in the project: Select one or more of the surface structures included in the project: Install site furnishings Select the site furniture / amenities Landscaping improvements Acres of landscaped area : Select the landscape features: Play Areas Playground development Number of play areas: Number of climbing walls/rocks: Select the play area surface material type: Site Preparation General site preparation Cultural Resources Cultural resources Permits Obtain permits Architectural & Engineering Architectural & Engineering (A&E) 1 new, 0 renovated 0 0 1000 0 0 No None Seating wall Benches, Picnic tables 0.51 Grass/turf, Native vegetation, Trees/shrubs 4 new, 0 renovated 2-5 play area, 5-12 play area, swing set, musical play area 0 new, 0 renovated Engineered wood fiber RCO: 24-1800 Revision Date: 1/31/2025 Page 5 of 21 WASHINGTON STATE RCO Grant Agreement 1� Recreation and Conservation Office Project Sponsor: Tukwila Parks & Recreation Department Project Number: 24-1800D Project Title: Riverton Park Playground Renovation Approval Date: 09/19/2025 Project Milestones PROJECT MILESTONE REPORT Complete Milestone Target Date Comments/Description X Project Start 01/01/2026 Design Initiated 02/01/2026 Cultural Resources Study 02/15/2026 Cultural Resources Survey Report Required. Includes recording arch. sites and built environment (houses, structures, parks, sports fields) over 45 years old in APE on Site/Isolate Forms or HPI Forms. See CR Special Condition for details. 60% Plans to RCO 03/30/2026 Applied for Permits 03/30/2026 Progress Report Due 03/31/2026 All Bid Docs/Plans to RCO 04/01/2026 Cultural Resources Complete 04/30/2026 RCO Notice to Proceed 05/15/2026 Bid Awarded/Contractor Hired 06/01/2026 Progress Report Due 06/30/2026 Other 06/30/2026 Construction Started 07/15/2026 Annual Project Billing Due 07/31/2026 50% Construction Complete 08/15/2026 RCO Interim Inspection 08/15/2026 90% Construction Complete 09/15/2026 Construction Complete 09/30/2026 Other 09/30/2026 Progress Report Due 09/30/2026 Funding Acknowl Sign Posted 09/30/2026 RCO Final Inspection 10/15/2026 Final Billing Due 11/15/2026 Final Report Due 11/20/2026 Agreement End Date 12/31/2026 Cultural Resources work is complete when either an IDP has been provided by the CR Unit and signed by the Sponsor, or the final Monitoring Report has been submitted and accepted by DAHP (if applicable). Receive Notice to Proceed from RCO prior to any ground disturbance. Confirm on track for 12/31/26 project completion, to meet control and tenure requirements If not on track for 12/31/26 project completion, request amendment to add special condition on lease term and time extension amendment RCO: 24-1800 Revision Date: 1/31/2025 Page 6 of 21 9 STATE Recreation on and Cnnserv,atinn Offic- RCO Grant Agreement Project Sponsor: Tukwila Parks & Recreation Department Project Number: 24-1800D Project Title: Riverton Park Playground Renovation Approval Date: 09/19/2025 Standard Terms and Conditions of the Recreation and Conservation Office Table of Contents STANDARD TERMS AND CONDITIONS EFFECTIVE DATE......................................................................................................8 CITATIONS, HEADINGS AND DEFINITIONS..............................................................................................................................8 PERFORMANCE BY THE SPONSOR........................................................................................................................................11 ASSIGNMENT.............................................................................................................................................................................11 RESPONSIBILITY FOR PROJECT.............................................................................................................................................11 INDEMNIFICATION.....................................................................................................................................................................11 INDEPENDENT CAPACITY OF THE SPONSOR.......................................................................................................................12 CONFLICT OF INTEREST..........................................................................................................................................................12 COMPLIANCE WITH APPLICABLE LAW...................................................................................................................................12 ARCHAEOLOGICAL AND CULTURAL RESOURCES...............................................................................................................13 RECORDS...................................................................................................................................................................................14 PROJECTFUNDING...................................................................................................................................................................14 PROJECT REIMBURSEMENTS.................................................................................................................................................15 RECOVERY OF PAYMENTS......................................................................................................................................................15 COVENANT AGAINST CONTINGENT FEES.............................................................................................................................15 INCOME (AND FEES) AND USE OF INCOME...........................................................................................................................16 PROCUREMENT REQUIREMENTS...........................................................................................................................................16 TREATMENT OF EQUIPMENT AND ASSETS...........................................................................................................................16 RIGHTOF INSPECTION.............................................................................................................................................................17 STEWARDSHIP AND MONITORING.........................................................................................................................................17 PREFERENCES FOR RESIDENTS............................................................................................................................................17 ACKNOWLEDGMENT AND SIGNS............................................................................................................................................17 PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION PROJECTS ..........17 LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS.....................................................................................18 CONSTRUCTION, OPERATION, USE, AND MAINTENANCE OF ASSISTED PROJECTS.....................................................18 ORDEROF PRECEDENCE........................................................................................................................................................19 LIMITATIONOF AUTHORITY.....................................................................................................................................................19 WAIVEROF DEFAULT...............................................................................................................................................................19 APPLICATION REPRESENTATIONS — MISREPRESENTATIONS OR INACCURACY OR BREACH.....................................19 SPECIFIC PERFORMANCE.......................................................................................................................................................19 TERMINATION AND SUSPENSION...........................................................................................................................................20 DISPUTEHEARING....................................................................................................................................................................21 ATTORNEYS' FEES....................................................................................................................................................................21 GOVERNING LAW/VENUE.........................................................................................................................................................21 SEVERABILITY...........................................................................................................................................................................21 END OF STANDARD TERMS AND CONDITIONS.....................................................................................................................21 10 RCO: 24-1800 Revision Date: 1/31/2025 Page 7 of 21 STANDARD TERMS AND CONDITIONS EFFECTIVE DATE This document sets forth the Standard Terms and Conditions of the Recreation and Conservation Office as of 10/08/2025. CITATIONS, HEADINGS AND DEFINITIONS A. Any citations referencing specific documents refer to the current version on the effective date of this Agreement or the effective date of any amendment thereto. B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. C. Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth below: Agreement, terms of the Agreement, or project agreement — The document entitled "RCO GRANT AGREEMENT" accepted by all parties to the present project and transaction, including without limitation the Standard Terms and Conditions of the RCO Grant Agreement, all exhibits, attachments, addendums, amendments, and applicable manuals, and any intergovernmental agreements, and/or other documents that are incorporated into the Agreement subject to any limitations on their effect under this Agreement. applicable manual(s), manual — A manual designated in this Agreement to apply as terms of this Agreement, subject (if applicable) to substitution of the "RCO director" for the term "board" in those manuals where the project is not approved by or funded by the referenced board, or a predecessor to the board. applicable WAC(s) — Designated chapters or provisions of the Washington Administrative Code that apply by their terms to the type of grant in question or are deemed under this Agreement to apply as terms of the Agreement, subject to substitution of the "RCO director" for the term "board" or "agency" in those cases where the RCO has contracted to or been delegated to administer the grant program in question. applicant — Any party, prior to becoming a Sponsor, who meets the qualifying standards/eligibility requirements for the grant application or request for funds in question. application — The documents and other materials that an applicant submits to the RCO to support the applicant's request for grant funds; this includes materials required for the "Application" in the RCO's automated project information system, and other documents as noted on the application checklist including but not limited to legal opinions, maps, plans, evaluation presentations and scripts. Authorized Representative/Agent — A Sponsor's agent (employee, political appointee, elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor's signature. This person has the signature authority to bind the Sponsor to this Agreement, grant, and project. C.F.R. — Code of Federal Regulations completed project or project completion — The status of a project when all of the following have occurred: • The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of work to implement the project have been completed satisfactorily. • A final project report is submitted to and accepted by RCO. • Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been delivered to the RCO. • A final reimbursement request has been delivered to and paid by RCO. • Documents affecting property rights (including RCO's as may apply) and any applicable notice of grant, have been recorded (as may apply). contractor — An entity that receives a contract from a Sponsor related to performance of work or another obligation under this Agreement. conversion — A conversion occurs 1) when facilities acquired, developed, renovated or restored within the project area are changed to a use other than that for which funds were approved, without obtaining prior written formal RCO or board approval, 2) when property interests are conveyed to a third party not otherwise eligible to receive grants in the program from which funding was approved without obtaining prior written formal RCO or board approval, or 3) when obligations to operate and maintain the funded property are not complied with after reasonable opportunity to cure. RCO: 24-1800 Revision Date: 1/31/2025 Page 8 of 21 11 Cultural Resources — Archaeological or historic archaeological sites, historic buildings/structures, and cultural or sacred places. development project — A project that results in the construction of, or work resulting in, new elements, including but not limited to structures, facilities, and/or materials to enhance outdoor recreation resources. A development project may also involve activities that redevelop or renovate an existing facility, and these may occur exclusively in the project or in combination with new construction. For projects in the Boating Facilities Program, the term "development project" includes all of the above and may also include those activities that are defined as maintenance in 50 C.F.R 86. director — The chief executive officer of the Recreation and Conservation Office or that person's designee. effective date — The date when the signatures of all parties to this agreement are present in the agreement. equipment — Tangible personal property (including information technology systems) having a useful service life of more than one year and a per -unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the Sponsor or $5,000 (2 C.F.R. Part 200 (as updated)). funding board or board — The Washington State Recreation and Conservation Funding Board, or the Washington State Salmon Recovery Funding Board. Or both as may apply. Funding Entity — the entity that approves the project that is the subject to this Agreement. grant program — The source of the grant funds received. May be an account in the state treasury, or a grant category within a larger grant program, or a federal source. long-term compliance period — The term of years, beginning on the end date of the agreement, when long-term obligations exist for the Sponsor. The start date and end date of the compliance period may also be prescribed by RCO per the Agreement. long-term obligations — Sponsor's obligations after the project end date, as specified in the Agreement and manuals and other exhibits as may apply. landowner agreement — An agreement that is required between a Sponsor and landowner for projects located on land not owned, or otherwise controlled, by the Sponsor. match or matching share — The portion of the total project cost provided by the Sponsor. milestone — An important event with a defined date to track an activity related to implementation of a funded project and monitor significant stages of project accomplishment. Office — Means the Recreation and Conservation Office or RCO. pass -through entity — A non -Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program (2 CFR 200 (as updated)). If this Agreement is a federal subaward, RCO is the pass -through entity. period of performance — The period beginning on the project start date and ending on the project end date. pre -agreement cost — A project cost incurred before the period of performance. primary Sponsor — The Sponsor who is not a secondary Sponsor and who is specifically identified in the Agreement as the entity to which RCO grants funds to and authorizes and requires to administer the grant. Administration includes but is not limited to acting as the fiscal agent for the grant (e.g. requesting and accepting reimbursements, submitting reports). Primary Sponsor includes its officers, employees, agents and successors. project — The undertaking that is funded by this Agreement either in whole or in part with funds administered by RCO. project area - A geographic area that delineates a grant assisted site which is subject to project agreement requirements. project completion or completed project — The status of a project when all of the following have occurred: • The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of work to implement the project have been completed satisfactorily. • A final project report is submitted to and accepted by RCO. • Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been delivered to the RCO. • A final reimbursement request has been delivered to and paid by RCO. 12 RCO: 24-1800 Revision Date: 1/31/2025 Page 9 of 21 • Documents affecting property rights (including RCO's as may apply) and any applicable notice of grant, have been recorded (as may apply). project cost — The total allowable costs incurred under this Agreement and all required match share and voluntary committed matching share, including third -party contributions (see also 2 C.F.R. Part 200 (as updated)) for federally funded projects). project end date — The specific date identified in the Agreement on which the period of performance ends, as may be changed by amendment. This date is not the end date for any long-term obligations. project start date — The specific date identified in the Agreement on which the period of performance starts. RCFB — Recreation and Conservation Funding Board RCO — Recreation and Conservation Office — The state agency that administers the grant that is the subject of this Agreement. RCO includes the director and staff. RCW — Revised Code of Washington reimbursement — RCO's payment of funds from eligible and allowable costs that have already been paid by the Sponsor per the terms of the Agreement. renovation project — A project intended to improve an existing site or structure in order to increase its useful service life beyond current expectations or functions. This does not include maintenance activities to maintain the facility for its originally expected useful service life. secondary Sponsor — One of two or more Sponsors who is not a primary Sponsor. Only the primary Sponsor may be the fiscal agent for the project. Sponsor — A Sponsor is an organization that is listed in and has signed this Agreement. Sponsor Authorized Representative/Agent — A Sponsor's agent (employee, political appointee, elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor signature. This person has the signature authority to bind the Sponsor to this Agreement, grant, and project. subaward — Funds allocated to the RCO from another organization, for which RCO makes available to or assigns to another organization via this Agreement. Also, a subaward may be an award provided by a pass -through entity to a subrecipient for the subrecipient to carry out part of any award received by the pass -through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a federal or other program. A subaward may be provided through any form of legal agreement, including an agreement that the pass -through entity considers a contract. Also see 2 C.F.R. Part 200 (as updated). For federal subawards, a subaward is for the purpose of carrying out a portion of a Federal award and creates a federal assistance relationship with the subrecipient (2 C.F.R. Part 200 (as updated)). If this Agreement is a federal subaward, the subaward amount is the grant program amount in the Project Funding Section. subrecipient — Subrecipient means an entity that receives a subaward. For non-federal entities receiving federal funds, a subrecipient is an entity that receives a subaward from a pass -through entity to carry out part of a federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other federal awards directly from a federal awarding agency (2 C.F.R. Part 200 (as updated)). If this Agreement is a federal subaward, the Sponsor is the subrecipient. tribal consultation — Outreach, and consultation with one or more federally recognized tribes (or a partnership or coalition or consortium of such tribes, or a private tribal enterprise) whose rights will or may be significantly affected by the proposed project. This includes sharing with potentially -affected tribes the scope of work in the grant and potential impacts to natural areas, natural resources, and the built environment by the project. It also includes responding to any tribal request from such tribes and considering tribal recommendations for project implementation which may include not proceeding with parts of the project, altering the project concept and design, or relocating the project or not implementing the project, all of which RCO shall have the final approval of. useful service life — Period during which a built asset, equipment, or fixture is expected to be useable for the purpose it was acquired, installed, developed, and/or renovated, or restored per this Agreement. WAC — Washington Administrative Code RCO: 24-1800 Revision Date: 1/31/2025 Page 10 of 21 13 PERFORMANCE BY THE SPONSOR The Sponsor shall undertake the project as described in this Agreement, and in accordance with the Sponsor's proposed goals and objectives described in the application or documents submitted with the application, all as finally approved by the RCO (to include any RCO approved changes or amendments thereto). All submitted documents are incorporated by this reference as if fully set forth herein. Timely completion of the project and submission of required documents, including progress and final reports, is important. Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement. ASSIGNMENT Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Sponsor without prior written approval of the RCO. Sponsor shall not sell, give, or otherwise assign to another party any property right, or alter a conveyance (see below) for the project area acquired with this grant without prior approval of the RCO. RESPONSIBILITY FOR PROJECT Although RCO administers the grant that is the subject of this Agreement, the project itself remains the sole responsibility of the Sponsor. The RCO and Funding Entity (if different from the RCO) undertakes no responsibilities to the Sponsor, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the implementation of the project is solely that of the Sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any way to the project. When a project has more than one Sponsor, any and all Sponsors are equally responsible for the project and all post -completion stewardship responsibilities and long-term obligations unless otherwise stated in this Agreement. The RCO, its employees, assigns, consultants and contractors, and members of any funding board or advisory committee or other RCO grant review individual or body, have no responsibility for reviewing, approving, overseeing or supervising design, construction, or safety of the project and leaves such review, approval, oversight and supervision exclusively to the Sponsor and others with expertise or authority. In this respect, the RCO, its employees, assigns, consultants and contractors, and any funding board or advisory committee or other RCO grant review individual or body will act only to confirm at a general, lay person, and nontechnical level, solely for the purpose of project eligibility and payment and not for safety or suitability, that the project apparently is proceeding or has been completed as per the Agreement. INDEMNIFICATION The Sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence in connection with this Agreement (including without limitation all work or activities thereunder), or the breach of any obligation under this Agreement by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors, or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. Provided that nothing herein shall require a Sponsor to defend or indemnify the State against and hold harmless the State from claims, demands or suits based solely upon the negligence of the State, its employees and/or agents for whom the State is vicariously liable. Provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Sponsor or the Sponsor's agents or employees, and (b) the State, or its employees or agents the indemnity obligation shall be valid and enforceable only to the extent of the Sponsor's negligence or its agents, or employees. As part of its obligations provided above, the Sponsor specifically assumes potential liability for actions brought by the Sponsor's own employees or its agents against the State and, solely for the purpose of this indemnification and defense, the Sponsor specifically waives any immunity under the state industrial insurance law, RCW Title 51. Sponsor's waiver of immunity under this provision extends only to claims against Sponsor by Indemnitee RCO, and does not include, or extend to, any claims by Sponsor's employees directly against Sponsor. Sponsor shall ensure that any agreement relating to this project involving any contractors, subcontractors and/or vendors of any tier shall require that the contracting entity indemnify, defend, waive RCW 51 immunity, and otherwise protect the State as provided herein as if it were the Sponsor. This shall not apply to a contractor or subcontractor is solely donating its services to the project without compensation or other substantial consideration. The Sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable, in performance of the work under this Agreement or arising out of any use in connection with the Agreement of methods, processes, designs, information or other items furnished or 14 RCO: 24-1800 Revision Date: 1/31/2025 Page 11 of 21 communicated to the State, its agents, officers and employees pursuant to the Agreement. Provided, this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from the State's, its agents', officers' and employees' failure to comply with specific written instructions regarding use provided to the State, its agents, officers and employees by the Sponsor, its agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. The funding board and RCO are included within the term State, as are all other agencies, departments, boards, councils, committees, divisions, bureaus, offices, societies, or other entities of state government. INDEPENDENT CAPACITY OF THE SPONSOR The Sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the RCO or Funding Entity. The Sponsor will not hold itself out as nor claim to be an officer, employee or agent of the RCO or the Funding Entity, or of the state of Washington, nor will the Sponsor make any claim of right, privilege or benefit which would accrue to an employee under RCW 41.06. The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by federal, state, and/or local laws. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written notice to the Sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in Public Service Act, RCW 42.52; or any similar statute involving the Sponsor in the procurement of, or performance under, this Agreement. In the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the same remedies against the Sponsor as it could pursue in the event of a breach of the Agreement by the Sponsor. The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement. COMPLIANCE WITH APPLICABLE LAW In implementing the Agreement, the Sponsor shall comply with all applicable federal, state, and local laws (including without limitation all applicable ordinances, codes, rules, and regulations). Such compliance includes, without any limitation as to other applicable laws, the following laws: A. Nondiscrimination Laws. The Sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Employment Act (if applicable). In the event of the Sponsor's noncompliance or refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the Sponsor may be declared ineligible for further grant awards from the RCO or Funding Entity. The Sponsor is responsible for any and all costs or liability arising from the Sponsor's failure to so comply with applicable law. Except where a nondiscrimination clause required by a federal funding agency is used, the Sponsor shall insert the following nondiscrimination clause in each contract for construction of this project: "During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies." B. Secular Use of Funds. No funds awarded under this grant may be used to pay for any religious activities, worship, or instruction, or for lands and facilities for religious activities, worship, or instruction. Religious activities, worship, or instruction may be a minor use of the grant supported recreation and conservation land or facility. C. Wages and Job Safety. The Sponsor agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington or other jurisdiction which affect wages and job safety. The Sponsor agrees when state prevailing wage laws (RCW 39.12) are applicable, to comply with such laws, to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as required by RCW 39.12.40. The Sponsor also agrees to comply with the provisions of the rules and regulations of the Washington State Department of Labor and Industries. 1) Pursuant to RCW 39.12.040(1)(a), all contractors and subcontractors shall submit to Sponsor a statement of intent to pay prevailing wages if the need to pay prevailing wages is required by law. If a contractor or subcontractor intends to pay other than prevailing wages, it must provide the Sponsor with an affirmative statement of the contractor's or subcontractor's intent. Unless required by law, the Sponsor is not required to investigate a statement regarding prevailing wage provided by a contractor or subcontractor. 2) Exception, Service Organizations of Trail and Environmental Projects (RCW 79A.35.130). If allowed by state and federal law and rules, participants in conservation corps programs offered by a nonprofit organization RCO: 24-1800 Revision Date: 1/31/2025 Page 12 of 21 15 affiliated with a national service organization established under the authority of the national and community service trust act of 1993, P.L. 103-82, are exempt from provisions related to rates of compensation while performing environmental and trail maintenance work provided: (1) The nonprofit organization must be registered as a nonprofit corporation pursuant to RCW 24.03; (2) The nonprofit organization's management and administrative headquarters must be located in Washington; (3) Participants in the program must spend at least fifteen percent of their time in the program on education and training activities; and (4) Participants in the program must receive a stipend or living allowance as authorized by federal or state law. Participants are exempt from provisions related to rates of compensation only for environmental and trail maintenance work conducted pursuant to the conservation corps program. D. Restrictions on Grant Use. No part of any funds provided under this grant shall be used, other than for normal and recognized executive -legislative relationships, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any Sponsor, or agent acting for such Sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. E. Debarment and Certification. By signing the Agreement with RCO, the Sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries. Further, the Sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on Washington State Department of Labor and Industries' "Debarred Contractor List." ARCHAEOLOGICAL AND CULTURAL RESOURCES A. Project Review. RCO facilitates the review of projects for potential impacts to archaeology and cultural resources, except as those listed below. The Sponsor shall follow RCO guidance and directives to assist it with such review as may apply. 1) Projects occurring on State/Federal Lands: Archaeological and cultural resources compliance for projects occurring on State or Federal Agency owned or managed lands, will be the responsibility of the respective agency, regardless of sponsoring entity type. Prior to ground disturbing work or alteration of a potentially historic or culturally significant structure, or release of final payments on an acquisition, the Sponsor must provide RCO all documentation acknowledging and demonstrating that the applicable archaeological and cultural resources responsibilities of such state or federal landowner or manager has been conducted. B. Termination. RCO retains the right to terminate a project due to anticipated or actual impacts to archaeology and cultural resources. C. Notice To Proceed. No work shall commence in the project area until RCO has provided a notice of cultural resources completion. RCO may require on -site monitoring for impacts to archaeology and cultural resources during any demolition, construction, land clearing, restoration, or repair work, and may direct that work stop to minimize, mitigate, or avoid impacts to archaeology and cultural resource impacts or concerns. All cultural resources requirements for non ground disturbing projects (such as acquisition or planning projects) must be met prior to final reimbursement. D. Compliance and Indemnification. At all times, the Sponsor shall take reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic resources in the project area, and comply with any RCO direction for such minimization and mitigation. All federal or state cultural resources requirements under Governor's Executive Order 21-02 and the National Historic Preservation Act, and the State Environmental Policy Act and the National Environmental Policy Act, and any local laws that may apply, must be completed prior to the start of any work on the project site. The Sponsor must agree to indemnify and hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the project funded under this Agreement. Sponsor shall comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting cultural resources and human remains. E. Costs associated with project review and evaluation of archeology and cultural resources are eligible for reimbursement under this agreement. Costs that exceed the budget grant amount shall be the responsibility of the Sponsor. F. Inadvertent Discovery Plan. The Sponsor shall request, review, and be bound by the RCO Inadvertent Discovery Plan, and: 1) Keep the IDP at the project site. 2) Make the IDP readily available to anyone working at the project site. 3) Discuss the IDP with staff and contractors working at the project site. 16 RCO: 24-1800 Revision Date: 1/31/2025 Page 13 of 21 4) Implement the IDP when cultural resources or human remains are found at the project site. G. Inadvertent Discovery 1) If any archaeological or historic resources are found while conducting work under this Agreement, the Sponsor shall immediately stop work and notify RCO, the Department of Archaeology and Historic Preservation at (360) 586-3064, and any affected Tribe, and stop any activity that may cause further disturbance to the archeological or historic resources. 2) If any human remains are found while conducting work under this Agreement, Sponsor shall immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then RCO, all in the most expeditious manner, and stop any activity that may cause disturbance to the remains. Sponsor shall secure the area of the find will and protect the remains from further disturbance until the State provides a new notice to proceed. a) Any human remains discovered shall not be touched, moved, or further disturbed unless directed by the Department of Archaeology and Historic Preservation (DAHP). b) The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non -forensic. If the county medical examiner/coroner determines the remains are non -forensic, then they will report that finding to the Department of Archaeology and Historic Preservation (DAHP) who will then take jurisdiction over the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist will make a determination of whether the remains are Indian or Non - Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP will then handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the remains. RECORDS A. Digital Records. If requested by RCO, the Sponsor must provide a digital file(s) of the project property and funded project site in a format specified by the RCO. B. Maintenance and Retention. The Sponsor shall maintain books, records, documents, data and other records relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Sponsor shall retain such records for a period of nine years from the date RCO deems the project complete, as defined in the PROJECT REIMBURSEMENTS Section. If any litigation, claim or audit is started before the expiration of the nine (9) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. C. Access to Records and Data. At no additional cost, the records relating to the Agreement, including materials generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized by RCO, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. This includes access to all information that supports the costs submitted for payment under the grant and all findings, conclusions, and recommendations of the Sponsor's reports, including computer models and methodology for those models. D. Public Records. Sponsor acknowledges that the RCO is subject to RCW 42.56 and that this Agreement and any records Sponsor submits or has submitted to the State shall be a public record as defined in RCW 42.56. RCO administers public records requests per WAC 286-06 and 420-04 (which ever applies). Additionally, the Sponsor agrees to disclose any information in regards to the expenditure of that funding as if the project sponsor were subject to the requirements of chapter 42.56 RCW. By submitting any record to the State, Sponsor understands that the State may be requested to disclose or copy that record under the state public records law, currently codified at RCW 42.56. The Sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy such record to respond to a request under state public records laws. The Sponsor hereby agrees to release the State from any claims arising out of allowing such review or copying pursuant to a public records act request, and to indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's defense of such claims. PROJECT FUNDING A. Authority. This Agreement and funding is made available to Sponsor through the RCO. B. Additional Amounts. The RCO or Funding Entity shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement, unless an additional amount has been approved in advance by the RCO director and incorporated by written amendment into this Agreement. RCO: 24-1800 Revision Date: 1/31/2025 Page 14 of 21 17 C. Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the project start date shall be eligible for grant funds, in whole or in part, unless specifically provided for by the RCO director, such as a waiver of retroactivity or program specific eligible pre -Agreement costs. For reimbursements of such costs, this Agreement must be fully executed and an original received by RCO. The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. D. After the Period of Performance. No expenditure made, or obligation incurred, following the period of performance shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the RCO or Funding Entity may have under this Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. PROJECT REIMBURSEMENTS A. Reimbursement Basis. This Agreement is administered on a reimbursement basis per WAC 286-13 and/or 420-12, whichever has been designated to apply. Only the primary Sponsor may request reimbursement for eligible and allowable costs incurred during the period of performance. The primary Sponsor may request reimbursement only after (1) this Agreement has been fully executed and (2) the Sponsor has remitted payment to its vendors. RCO will authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in the PROJECT FUNDING Section. Reimbursement shall not be approved for any expenditure not incurred by the Sponsor, or for a donation used as part of its matching share. RCO does not reimburse for donations. All reimbursement requests must include proper documentation of expenditures as required by RCO. B. Reimbursement Request Frequency. The primary Sponsor is required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 or as identified in the milestones. Sponsors must refer to the most recent applicable RCO manuals and this Agreement regarding reimbursement requirements. C. Compliance and Payment. The obligation of RCO to pay any amount(s) under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement and other agreements between RCO and the Sponsor. D. Conditions for Payment of Retainage. RCO reserves the right to withhold disbursement of the total amount of the grant to the Sponsor until the following has occurred: 1) RCO has accepted the project as a completed project, which acceptance shall not be unreasonably withheld. 2) On -site signs are in place (if applicable); Any other required documents and media are complete and submitted to RCO;Grant related fiscal transactions are complete, and 3) RCO has accepted a final boundary map of the project area for which the Agreement terms will apply in the future. RECOVERY OF PAYMENTS A. Recovery for Noncompliance. In the event that the Sponsor fails to expend funds under this Agreement in accordance with state and federal laws, and/or the provisions of the Agreement, fails to meet its percentage of the project total, and/or fails to comply with any of the terms and conditions of the Agreement, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. B. Return of Overpayments. The Sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement. Repayment by the Sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of twelve percent (12%) per annum from the time the Sponsor received such overpayment. Unless the overpayment is due to an error of RCO, the payment shall be due and owing on the date that the Sponsor receives the overpayment from the RCO. If the payment is due to an error of RCO, it shall be due and owing 30 days after demand by RCO for refund. COVENANT AGAINST CONTINGENT FEES The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the Sponsor for the purpose of securing business. RCO shall have the right, in the event of breach of this clause by the Sponsor, to terminate this Agreement and to be reimbursed by Sponsor for any grant funds paid to Sponsor (even if such funds have been subsequently paid to an agent), without liability to RCO or, in RCO's discretion, to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. 18 RCO: 24-1800 Revision Date: 1/31/2025 Page 15 of 21 INCOME (AND FEES) AND USE OF INCOME See WAC 286-13-110 for additional requirements for projects funded from the RCFB. A. Compatible source. The source of any income generated in a funded project or project area must be compatible with the funding source and the Agreement and any applicable manuals, RCWs, and WACs. B. Use of Income. Subject to any limitations contained in applicable state or federal law, any needed approvals of RCO, and applicable rules and policies, income or fees generated at a project work site (including entrance, utility corridor permit, cattle grazing, timber harvesting, farming, rent, franchise fees, ecosystem services, carbon offsets sequestration, etc.) during or after the reimbursement period cited in the Agreement, must be used to offset: 1) The Sponsor's matching resources; 2) The project's total cost; 3) The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the grant funding; 4) The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the Sponsor's system; 5) Capital expenses for similar acquisition and/or development and renovation; and/or 6) Other purposes explicitly approved by RCO or otherwise provided for in this agreement. C. Fees. User and/or other fees may be charged in connection with land acquired or facilities developed, maintained, renovated, or restored and shall be consistent with the: 1) Grant program laws, rules, and applicable manuals; 2) Value of any service(s) furnished; 3) Value of any opportunities furnished; and 4) Prevailing range of public fees in the state for the activity involved. PROCUREMENT REQUIREMENTS A. Procurement Requirements. If the Sponsor has, or is required to have, a procurement process that follows applicable state and/or federal law or procurement rules and principles, it must be followed, documented, and retained. If no such process exists, the Sponsor must follow these minimum procedures: 1) Publish a notice to the public requesting bids/proposals for the project; 2) Specify in the notice the date for submittal of bids/proposals; 3) Specify in the notice the general procedure and criteria for selection; and 4) Sponsor must contract or hire from within its bid pool. If bids are unacceptable the process needs to be repeated until a suitable bid is selected. 5) Comply with the same legal standards regarding unlawful discrimination based upon race, gender, ethnicity, sex, or sex -orientation that are applicable to state agencies in selecting a bidder or proposer. Alternatively, Sponsor may choose a bid from a bidding cooperative if authorized to do so. This procedure creates no rights for the benefit of third parties, including any proposers, and may not be enforced or subject to review of any kind or manner by any entity other than the RCO. Sponsors may be required to certify to the RCO that they have followed any applicable state and/or federal procedures or the above minimum procedure where state or federal procedures do not apply. TREATMENT OF EQUIPMENT AND ASSETS Equipment shall be used and managed only for the purpose of this Agreement, unless otherwise provided herein or in the applicable manuals, or approved by RCO in writing. A. Discontinued Use. Equipment obtained under this Agreement shall remain in the possession of the Sponsor for the duration of the project, or RULES of applicable grant assisted program. When the Sponsor discontinues use of the RCO: 24-1800 Revision Date: 1/31/2025 Page 16 of 21 19 equipment for the purpose for which it was funded, RCO may require the Sponsor to deliver the equipment to RCO, or to dispose of the equipment according to RCO published policies. B. Loss or Damage. The Sponsor shall be responsible for any loss or damage to equipment. RIGHT OF INSPECTION The Sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, long-term obligations, compliance, and/or quality assurance under this Agreement. If a landowner agreement or other form of control and tenure limits access to the project area, it must include (or be amended to include) the RCO's right to inspect and access lands acquired or developed with this funding assistance. STEWARDSHIP AND MONITORING Sponsor agrees to perform monitoring and stewardship functions as stated in the applicable WACs and manuals, this Agreement, or as otherwise directed by RCO consistent with the existing laws and applicable manuals. Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the RCO; provided that RCO does not represent that any monitoring it may recommend will be adequate to reasonably assure project performance or safety. It is the sole responsibility of the Sponsor to perform such additional monitoring as may be adequate for such purposes. PREFERENCES FOR RESIDENTS Sponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential reservation, membership, and/or permit systems) except that reasonable differences in admission and other fees may be maintained on the basis of residence. Fees for nonresidents must not exceed twice the fee imposed on residents. Where there is no fee for residents but a fee is charged to nonresidents, the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities. ACKNOWLEDGMENT AND SIGNS A. Publications. The Sponsor shall include language which acknowledges the funding contribution of the applicable grant program to this project in any release or other publication developed or modified for, or referring to, the project during the project period and in the future. B. Signs. 1) During the period of performance through the period of long-term obligation, the Sponsor shall post openly visible signs or other appropriate media at entrances and other locations on the project area that acknowledge the applicable grant program's funding contribution, unless waived by the director; and 2) During the period of long-term obligation, the Sponsor shall post openly visible signs or other appropriate media at entrances and other locations to notify the public of the availability of the site for reasonable public access. C. Ceremonies. The Sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project. The Sponsor shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies and in all advertisements and mailings thereof, and any and all of its related digital media publications. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION PROJECTS The following provisions shall be in force: A. Operations and Maintenance. Properties, structures, and facilities developed, maintained, or operated with the assistance of money granted per this Agreement and within the project area shall be built, operated, and maintained according to applicable regulations, laws, building codes, and health and public safety standards to assure a reasonably safe condition and to prevent premature deterioration. It is the Sponsor's sole responsibility to ensure the same are operated and maintained in a safe and operable condition. The RCO does not conduct safety inspections or employ or train staff for that purpose. B. Document Review and Approval. Prior to commencing construction or finalizing the design, the Sponsor agrees to submit one copy of all construction and restoration plans and specifications to RCO for review solely for compliance with the scope of work to be identified in the Agreement. RCO does not review for, and disclaims any responsibility to review for safety, suitability, engineering, compliance with code, or any matters other than the scope so identified. Although RCO staff may provide tentative guidance to a Sponsor on matters related to site accessibility by persons with a disability, it is the Sponsor's responsibility to confirm that all legal requirements for accessibility are met even if 20 RCO: 24-1800 Revision Date: 1/31/2025 Page 17 of 21 the RCO guidance would not meet such requirements. 1) Change orders that impact the amount of funding or changes to the scope of the project as described to and approved by the RCO must receive prior written approval of the RCO. C. Control and Tenure. The Sponsor must provide documentation that shows appropriate tenure and term (such as long-term lease, perpetual or long-term easement, or perpetual or long-term fee simple ownership, or landowner agreement or interagency agreement for the land proposed for construction, renovation, or restoration. The documentation must meet current RCO requirements identified in this Agreement as of the effective date of this Agreement unless otherwise provided in any applicable manual, RCW, WAC, or as approved by the RCO. D. Use of Best Management Practices. Sponsors are encouraged to use best management practices including those developed as part of the Washington State Aquatic Habitat Guidelines (AHG) Program. AHG documents include "Integrated Streambank Protection Guidelines", 2002; "Land Use Planning for Salmon, Steelhead and Trout: A land use planner's guide to salmonid habitat protection and recovery", 2009", "Protecting Nearshore Habitat and Functions in Puget Sound", 2010; "Stream Habitat Restoration Guidelines", 2012; "Water Crossing Design Guidelines", 2013; and "Marine Shoreline Design Guidelines", 2014. These documents, along with new and updated guidance documents, and other information are available on the AHG Web site. Sponsors are also encouraged to use best management practices developed by the Washington Invasive Species Council (WISC) described in "Reducing Accidental Introductions of Invasive Species" which is available on the WISC Web site. E. At no time shall the Sponsor design, construct, or operate this grant funded project in a way that unreasonably puts the public, itself, or others at risk of injury or property damage. The Sponsor agrees and acknowledges that the Sponsor is solely responsible for safety and risk associated with the project, that RCO does not have expertise, capacity, or a mission to review, monitor, or inspect for safety and risk, that no expectation exists that RCO will do so, and that RCO is in no way responsible for any risks associated with the project. LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS A. Long -Term Obligations. This section applies to completed projects only. B. Perpetuity. For acquisition, development, and restoration projects, or a combination thereof, unless otherwise allowed by applicable manual, policy, program rules, or this Agreement, or approved in writing by RCO. The RCO requires that the project area continue to function for the purposes for which these grant funds were approved, in perpetuity. C. Conversion. The Sponsor shall not at any time convert any real property (including any interest therein) or facility acquired, developed, renovated, and/ or restored pursuant to this Agreement, unless provided for in applicable statutes, rules, and policies. Conversion includes, but is not limited to, putting such property (or a portion of it) to uses other than those purposes for which funds were approved or transferring such property to another entity without prior approval via a written amendment to the Agreement. All real property or facilities acquired, developed, renovated, and/or restored with funding assistance shall remain in the same ownership and in public use/access status in perpetuity unless otherwise expressly provided in the Agreement or applicable policies or unless a transfer or change in use is approved by the RCO through an amendment. Failure to comply with these obligations is a conversion. Further, if the project is subject to operation and or maintenance obligations, the failure to comply with such obligations, without cure after a reasonable period as determined by the RCO, is a conversion. Determination of whether a conversion has occurred shall be based upon all terms of the Agreement, and all applicable state of federal laws or regulation. 1) When a conversion has been determined to have occurred, the Sponsor shall remedy the conversion as set forth in this Agreement (with incorporated documents) and as required by all applicable policies, manuals, WACs and laws that exist at the time the remedy is implemented or the right to the remedy is established by a court or other decision -making body, and the RCO may pursue all remedies as allowed by the Agreement or law. CONSTRUCTION, OPERATION, USE, AND MAINTENANCE OF ASSISTED PROJECTS The following provisions shall be in force for this agreement: A. Property and facility operation and maintenance. Sponsor must ensure that properties or facilities assisted with the grant funds, including undeveloped sites, are built, operated, used, and maintained: 1) According to applicable federal, state, and local laws and regulations, including public health standards and building codes; 2) In a reasonably safe condition for the project's intended use; RCO: 24-1800 Revision Date: 1/31/2025 Page 18 of 21 21 3) Throughout its estimated useful service life so as to prevent undue deterioration; 4) In compliance with all federal and state nondiscrimination laws, regulations and policies. B. Open to the public. Unless otherwise specifically provided for in the Agreement, and in compliance with applicable statutes, rules, and applicable WACs and manuals, facilities must be open and accessible to the general public, and must: 1) Be constructed, maintained, and operated to meet or exceed the minimum requirements of the most current guidelines or rules, local or state codes, Uniform Federal Accessibility Standards, guidelines, or rules, including but not limited to: the International Building Code, the Americans with Disabilities Act, and the Architectural Barriers Act, as amended and updated. 2) Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods. 3) Be available for appropriate use by the general public at reasonable hours and times of the year, according to the type of area or facility, unless otherwise stated in RCO manuals or, by a decision of the RCO director in writing. Sponsor shall notify the public of the availability for 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. ORDER OF PRECEDENCE This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The provisions of the Agreement shall be construed to conform to those laws. In the event of a direct and irreconcilable conflict between the terms of this Agreement and any applicable statute, rule, or policy or procedure, the conflict shall be resolved by giving precedence in the following order: A. Federal law and binding state executive orders; B. Code of federal regulations; C. Terms and conditions of a grant award to the state from the federal government; D. Federal grant program policies and procedures adopted by a federal agency that are required to be applied by federal law; E. State Constitution, RCW, and WAC; F. Agreement Terms and Conditions and Applicable Manuals; G. Applicable deed restrictions, and/or governing documents. LIMITATION OF AUTHORITY Only RCO's Director or RCO's delegate authorized in writing (delegation to be made prior to action) shall have the authority to alter, amend, modify, or waive any clause or condition of this Agreement; provided that any such alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made as a written amendment to this Agreement and signed by the RCO Director or delegate. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing, signed by the director, or the director's designee, and attached as an amendment to the original Agreement. APPLICATION REPRESENTATIONS — MISREPRESENTATIONS OR INACCURACY OR BREACH The Funding Entity (if different from RCO) and RCO rely on the Sponsor's application in making its determinations as to eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agreement. SPECIFIC PERFORMANCE RCO may, at it's discretion, enforce this Agreement by the remedy of specific performance, which means Sponsors' completion of the project and/or its completion of long-term obligations as described in this Agreement. However, the remedy 22 RCO: 24-1800 Revision Date: 1/31/2025 Page 19 of 21 of specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to the RCO shall be deemed exclusive. The RCO may elect to exercise any, a combination of, or all of the remedies available to it under this Agreement, or under any provision of law, common law, or equity, including but not limited to seeking full or partial repayment of the grant amount paid and damages. TERMINATION AND SUSPENSION The RCO requires strict compliance by the Sponsor with all the terms of this Agreement including, but not limited to, the requirements of the applicable statutes, rules, and RCO policies, and with the representations of the Sponsor in its application for a grant as finally approved by RCO. For federal awards, notification of termination will comply with 2 C.F.R. § 200 (as updated). A. For Cause. 1) The RCO director may suspend or terminate the obligation to provide funding to the Sponsor under this Agreement: a) If the Sponsor breaches any of the Sponsor's obligations under this Agreement; b) If the Sponsor fails to make progress satisfactory to the RCO director toward completion of the project by the completion date set out in this Agreement. Included in progress is adherence to milestones and other defined deadlines; or c) If the primary and secondary Sponsor(s) cannot mutually agree on the process and actions needed to implement the project; 2) Prior to termination, the RCO shall notify the Sponsor in writing of the opportunity to cure. If corrective action is not taken within 30 days or such other time period that the director approves in writing, the Agreement may be terminated. In the event of termination, the Sponsor shall be liable for damages or other relief as authorized by law and/or this Agreement. 3) RCO reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Sponsor from incurring additional obligations of funds during the investigation of any alleged breach and pending corrective action by the Sponsor, or a decision by the RCO to terminate the Contract. B. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part when it is in the best interest of the state. If this Agreement is so terminated, RCO shall be liable only for payment required under the terms of this Agreement prior to the effective date of termination. A claimed termination for cause shall be deemed to be a "Termination for Convenience" if it is determined that: 1) The Sponsor was not in default; or 2) Failure to perform was outside Sponsor's control, fault or negligence. C. Rights and Remedies of the RCO. 1) The rights and remedies of RCO provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. 2) In the event this Agreement is terminated by the director, after any portion of the grant amount has been paid to the Sponsor under this Agreement due to Sponsor's breach of the Agreement or other violation of law, the director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. However, any repayment shall be limited to the extent repayment would be inequitable and represent a manifest injustice in circumstances where the project will fulfill its fundamental purpose for substantially the entire period of performance and of long-term obligation. D. Non Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a continuous period of one year, RCO's obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the Sponsor. 1) Suspension: The obligation of the RCO to manage contract terms and make payments is contingent upon the state appropriating state and federal funding each biennium. In the event the state is unable to appropriate such funds by the first day of each new biennium RCO reserves the right to suspend the Agreement, with ten (10) days written notice, until such time funds are appropriated. Suspension will mean RCO: 24-1800 Revision Date: 1/31/2025 Page 20 of 21 23 all work related to the contract must cease until such time funds are obligated to RCO and the RCO provides notice to continue work. 2) No Waiver. The failure or neglect of RCO to require strict compliance with any term of this Agreement or to pursue a remedy provided by this Agreement or by law shall not act as or be construed as a waiver of any right to fully enforce all rights and obligations set forth in this Agreement and in applicable state or federal law and regulations. DISPUTE HEARING Except as may otherwise be provided in this Agreement, when a dispute arises between the Sponsor and the RCO, which cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's request for a dispute hearing must be in writing and clearly state: A. The disputed issues; B. The relative positions of the parties; C. The Sponsor's name, address, project title, and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three persons consisting of one person chosen by the Sponsor, one person chosen by the director, and a third person chosen by the two persons initially appointed. If a third person cannot be agreed on, the persons chosen by the Sponsor and director shall be dismissed and an alternate person chosen by the Sponsor, and one by the director shall be appointed and they shall agree on a third person. This process shall be repeated until a three person panel is established. Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved. The process may be solely based on written material if the parties so agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. The parties shall be bound by the majority decision of the dispute panelists, unless the remedy directed by that panel is beyond the authority of either or both parties to perform, as necessary, or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute. The written agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the parties. ATTORNEYS'FEES In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own costs and attorneys' fees. GOVERNING LAW/VENUE This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be in the Superior Court of a county where the project is situated, if venue there is legally proper, and if not, in a county where venue is legally proper. The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington and agrees to venue as set forth above. SEVERABILITY The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. END OF STANDARD TERMS AND CONDITIONS This is the end of the Standard Terms and Conditions of the Agreement. 24 RCO: 24-1800 Revision Date: 1/31/2025 Page 21 of 21 CITY OF TUKWILA GGLO PLAYGROUND Cityollkwila RENOVATION DID Progress Package Tukwila, WA February 07, 2024 25 3 4 5 6 7 8 9 10 11 12 13 14 15 SECTION 1 I RIVERTON PARK 16 SECTION 2 ICRESTVIEW PARK OVERALL PLAN 17 OVERALL PLAN DUNCAN AND GROVE PLAY EQUIPMENT 18 BERLINER PLAY EQUIPMENT ICONIC CLIMBER 19 ICONIC CLIMBER 5-12 YEAR OLD PLAY 20 5-12 YEAR OLD PLAY 2-5 YEAR OLD PLAY 21 2-5 YEAR OLD PLAY SWINGS 22 SWINGS MUSICAL PLAY 23 SPINNERS PICNIC SHELTER 24 SPEEDWAY CONSTRUCTED GRASSY KNOLL 25 PICNIC SHELTER NATURAL GRASSY KNOLL 26 MATERIALS MATERIALS 27 PLAY EQUIPMENT PRICING PLAY EQUIPMENT PRICING 26 SECTION 01 I PROGRESS ON RIVERTON PARK OVERALL PLAN - GGLO-1 City of Tukwila Playground Renovation I Tukwila, WA I DID Progress Package 1 01.25.2024 GGLO 4 SECTION 01 I PROGRESS ON RIVERTON PARK PLAYGROUND - DUNCAN AND GROVE PLAY EQUIPMENT -;A ICONIC CLIMBER 5-12 YEAR OLD PLAY 2-5 YEAR OLD PLAY S n SWINGS 7f �' I© MUSICAL PLAY \ PICNIC SHELTER CONSTRUCTED GRASSY KNOLL ® �o Q NATURAL GRASSY KNOLL MATERIALS qv puyeq�iprc+t Wan wyaeovy�uerongnestpwNmererwsl�wNwwup�mc� is ut aumlaiYwsbirroae Wtels..vwxartl mlerowaneurMnmrymaq nmalmm ea uannl:= -.. avy era aM fag a RopwaHMs re ngngiuYtyswveyu., YwwNeu _- toeaaCtauees..D'rs oles9rwMrs M�wrpxee ticrv�u ns�n�uu c���""Lcwwcs arve mancenaeertvpAretlmsun0 SNelCwrq+rih n .usa nom npn gweN mnless Waal antl art naMGe n earkv e orusnna m4snea bwr. neee"reu,«me�euq �„ewe^a,a«grea��u,nrowarea�ama�awa��o me,.wm+�s City of Tukwila Playground Renovation I Tukwila, WA I DD Progress Package 1 01.25.2024 SPARE PARTS p ..I'l` x MAINTENANCE WARRANTIES entlaa„rom,mre. ar,wp�.aM�aarce GGLO 5 29 SECTION 01 1 PROGRESS ON RIVERTON PARK ICONIC CLIMBER - Wska, 'Am N k � City of Tukwila Playground Renovation I Tukwila, WA I DID Progress Package 1 01.25.2024 I ZD ir) M 'Ir 40'-0" 12.2 GGLO 6 30 SECTION 01 I PROGRESS ON RIVERTON PARK 5-12 YEAR OLD PLAY WEI City of Tukwila Playground Renovation I Tukwila, WA I DD Progress Package 1 01.25.2024 IIIII � ►� GGLO 31 SECTION 01 1 PROGRESS ON RIVERTON PARK 2-5 YEAR OLD PLAY NATURAL CLIMBING FRAMES -�I OPTICAL PLAY i City of Tukwila Playground Renovation I Tukwila, WA I DID Progress Package 1 01.25.2024 SPRINGERS GGLO 8 32 SECTION 01 1 PROGRESS ON RIVERTON PARK SWINGS SWGR.oi Group Swing Nc.t k�Jaw,r 1 SW MF.oi M Frame Swing City of Tukwila Playground Renovation I Tukwila, WA I DD Progress Package 101.25.2024 SW.GR.oz Group Swing No.2 GGLO 9 33 SECTION 01 I PROGRESS ON RIVERTON PARK MUSICAL PLAY MUSIC & SOUND I City of Tukwila Playground Renovation I Tukwila, WA I DD Progress Package 1 01.25.2024 GGLO 10 34 SECTION 01 I PROGRESS ON RIVERTON PARK PICNIC SHELTER City of Tukwila Playground Renovation I Tukwila, WA I DID Progress Package 1 01.25.2024 GGLO 11 35 SECTION 01 I PROGRESS ON RIVERTON PARK CONSTRUCTED GRASSY KNOLL City of Tukwila Playground Renovation I Tukwila, WA I DD Progress Package 1 01.25.2024 GGLO 12 36 SECTION 01 I PROGRESS ON RIVERTON PARK NATURAL GRASSY KNOLL City of Tukwila Playground Renovation I Tukwila, WA I DID Progress Package 1 01.25.2024 GGLO 13 37 SECTION 01 1 PROGRESS ON RIVERTON PARK MATERIALS z _ r.; �i MI6 City of Tukwila Playground Renovation I Tukwila, WA I DD Progress Package 101.25.2024 ARTIFICIAL PLAY LAWN PLANTING AREAS NATURAL LAWN DECORATIVE CONCRETE � CONCRETE SEAT WALL �o r CONCRETE PATHWAYS FI ASPHALT PARKING GGLO I- SECTION 01 I PROGRESS ON RIVERTON PARK PLAY EQUIPMENT PRICING 0 ICONIC CLIMBER 5-12 YEAR OLD PLAY 2-5 YEAR OLD PLAY 0 SWINGS MUSICAL PLAY PICNIC SHELTER CONSTRUCTED GRASSY KNOLL NATURAL GRASSY KNOLL City of Tukwila Playground Renovation I Tukwila, WA I DD Progress Package 1 01.25.2024 Sales Quote =27—' DUNCAN & GROVE GGLO 15 39 City of Tukwila Thomas McLeod, Mayor Marty Wine, City Administrator Agenda Item Sponsor Legislative History Recommended Motion ITEM NO. 1.B. AGENDA BILL Grant Acceptance — King County Youth Amateur Sports Grant (Joseph Foster Memorial Park Turf Field Conversion) David Rosen, Fiscal Analyst Parks & Recreation March 23, 2025 Community Services & Safety Committee April 6, 2026 Regular Meeting Consent Agenda ❑ Discussion Only ❑x Action Requested MOVE TO authorize acceptance of the Youth Amateur Sports Grant from King County in the amount of $250,000 for the Joseph Foster Memorial Park Turf Field Conversion Project EXECUTIVE SUMMARY The City of Tukwila Parks & Recreation Department has been awarded a $250,000 Youth Amateur Sports Grant from the King County Department of Natural Parks and Resources as a part of the final grant round for the 2020 — 2025 King County Parks, Recreation, Trails, and Open Space Levy. This grant will support the replacement of the lower natural grass field located on the park's northern half with synthetic materials as well as eventual installation of lighting systems to support year-round play. Per city policy, mayoral acceptance of this grant must first be approved by the Tukwila City Council. Department staff request the Community Services and Safety Committee forward this item to the April 6th Regular Meeting Consent Agenda for council approval. DISCUSSION In 2024, the City of Tukwila Parks and Recreation Department retained the landscape architecture firm, Berger Partnership, for the design of park master plans, including one for Joseph Foster Memorial Park. As part of this plan, the Lower Foster Athletic Field was re -envisioned with synthetic turf materials, improved lighting for field usage, and other various improvements adjacent tot the field of play such as access paths, plantings, and other shade/communal gathering spaces. In Spring 2025, department staff applied for the Youth Amateur Sports Grant, which "supports fit and healthy communities by investing in programs and capital facility projects that increase access to sports, play, and outdoor recreation." In Fall 2025, the department received confirmation that they had been awarded the grant, at which point staff began the pre -contracting process. Since then, staff have re-engaged planning efforts with the Berger Partnership and D.A. Hogan, a landscape architecture firm that specializes in sports fields and running tracks, to refine current planning and financial assumptions regarding the project. Department staff also continue to evaluate and seek additional funding sources to support project delivery. FINANCIAL IMPACT Complete for all items requiring City expenditure Disclaimer: Final terms and scope of work subject to review by the City Attorney ❑ Expenditure - Budgeted Expenditures: Fund Source: ❑ Expenditure - Unbudgeted $0 King County Youth and Amateur ❑ Expenditure - Grant -Funded Sports Grant (YSAG) ❑x Revenue — One -Time (e.g. Revenues (if applicable): asset sale, surplus equipment) $250,000.00 ❑ Revenue — Ongoing Contractor (if applicable) King County Natural Resources and Parks Scope of Work Joseph Foster Memorial Park Turf Field Conversion Project Replacement of the lower natural grass field located on the park's northern half with synthetic materials as well as eventual installation of lighting systems to support year-round play. Amount Grant Award: $250,000.00 The latest high-level estimate for this project indicates a total cost of $2, 290, 500. Staff continue to work to refine these cost estimates. Duration Unknown at this time Additional Comments: Please note that while the attached Concept Field Plans document shows field options for all fields at Joseph Foster Memorial Park, the city is only considering installation of a turf field at Lower Foster Athletic Field (field 2 on the Concept Field Plan). ATTACHMENTS A --- Proposed Capital Project Grant Agreement (Contract 6492312) B --- Joseph Foster Memorial Park Concept Master Plan C --- Joseph Foster Memorial Park Concept Field Plans D --- Joseph Foster Memorial Park Synthetic Turf Field Concept Renderings https://tukwilawa.sharepoint.com/sites/clerksintraneVCouncil Agenda Items/03-23 CSS Committee/Grant Acceptance - KC YASG (Joseph Foster Memorial Park)/Agenda Bill —Andy Version.docx 41 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task- 1.12 King County Dept./Division Grant Recipient: Project: LQ1 King County CAPITAL PROJECT GRANT AGREEMENT Natural Resources and Parks / Parks and Recreation of Tukwila Parks and Recreation Joseoh Foster Memorial Park Turf Field Conversion Contract #: 6492312 Amount: $250,000.00 Effective Date: Project# 1148647 Agreement End Date: Task#: 1.12 03/31 /2028 THIS AGREEMENT ("Agreement") (CPA# 6492312) is entered into between King County (the "County"), and City of Tukwila Parks and Recreation (the "Grant Recipient") (collectively the "Parties) for a capital project that reduces barriers and increases access to physical activities using a Youth and Amateur Sports Grant ("YASG"). RECITALS A. The Grant Recipient is a City that provides youth or amateur sports. B. King County, a home rule charter county and political subdivision of the State of Washington, is authorized to administer the YASG Program and enter into agreements for the use of King County funds by public agencies, nonprofit organizations, or fiscal sponsor for community organizations that increase access to sports and physical activity to address an athletic need in King County, in accordance with the biennial budget in effect at the time of execution, and any amendments for supplemental appropriations thereafter. C. King County has selected the Grant Recipient to receive a YASG award to construct, renovate, or rehabilitate a facility in order to provide increased athletic opportunities for the citizens of King County, Washington. Page 1 of 39 42 King County Parks Last Updated: 08124 Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task- 1.12 NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: DEFINITIONS Business Days Monday through Friday, 8:00 a.m. to 5:00 p.m., Pacific Time, excluding holidays observed by the State of Washington. Calendar Days Consecutive days of the year including weekends and holidays, each of which commence at 12:00:01 a.m. and end at Midnight, Pacific Time. When "days" are not specified, Calendar Days shall prevail. Contractor Includes any and all contractor(s) or consultant(s) hired by the Grant Recipient, including any of the contractor's or consultant's subcontractors or subconsultants. Effective Date The last date upon which the Agreement is signed. Grant Award The amount awarded to the Grant Recipient by King County. Funds 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 state or local agency regardless of physical form or characteristics. RCW 42.56. RCW The Revised Code of Washington. Scope of Work An Exhibit to the Agreement consisting of a written description of (SOW) 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: Page 2 of 39 King County Parks Last Updated: 08124 43 Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 Joseph Foster Memorial Park, 13726 53rd Ave S, Tukwila, WA 98168 Parcel Numbers: 0003000010, 0003000011 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: The City of Tukwila Parks & Recreation Department will improve access to field -sport recreational opportunities year-round by converting the grass field at Joseph Foster Memorial Park to a multi -sport turf surface, providing communities across the city and South King County access to field -based sports throughout the year. 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 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 YASG award in the amount of $250,000.00 ("Grant Award Funds") to construct, renovate, or rehabilitate a facility, in the Project described in Exhibit B, in order to provide increased athletic opportunities and to address an athletic need for the citizens of King County, Washington. Grant Recipient shall apply the funds received from the County for the Project under this Agreement in Page 3 of 39 44 King County Parks Last Updated: 08124 Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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 06/25/2025, and concluding on 03/31 /2028. 6.2 Pre -Contract Costs. Pre -contract costs are those incurred between 06/25/2025 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. 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. Page 4 of 39 King County Parks Last Updated: 08124 45 Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task- 1.12 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 /2028 ("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. 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 kingcounty.gov david.rosen@tukwilawa.gov *NOTE: Personal contact information for your assigned grant manager is available in the grant management system Page 5 of 39 46 King County Parks Last Updated: 08124 Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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. 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. 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 Page 6 of 39 King County Parks Last Updated: 08124 47 Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 milestone, such as a groundbreaking or opening dates is, required. 12.5 Signage. If Grant Recipient shall recognize "King County Parks" on any signage as a funder/contributor of project/facility. Grant Recipient is required to use appropriate King County logo on any signage and communications. 13. CONSTRUCTION OF THE FACILITY 13.1 Capital Improvements. The Grant Recipient shall design, develop, and construct mutually agreed upon Facility, features, and amenities in accordance with all applicable design(s), timelines, restrictions, environmental considerations, permitting determinations, neighborhood impact mitigations, and all other requirements in coordination with King County Parks staff. All contracted work by the Grant Recipient, its agents, representatives, or subcontractors, shall be bonded and properly insured to ensure the complete and safe design and construction of all facilities, features, and amenities. As between the Grant Recipient and King County, Grant Recipient will be solely responsible to comply with all applicable authorities and to obtain all necessary permits, approvals, and endorsements for the Project. 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 Page 7 of 39 48 King County Parks Last Updated: 08124 Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task- 1.12 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 be responsible for site security, traffic, and pedestrian warnings at the site during the development and construction phases. 13.6 Alteration of Site or Facility Post Construction. After the Facility is completed and accepted by the Grant Recipient and King County as defined herein, the Grant Recipient will not make any material alteration to the Facility without express, written consent by King County. 13.7 Development and Construction Fees and Expenses. The Grant Recipient will be responsible to obtain and pay for all necessary permits, fees, and expenses associated with the Project. 13.8 Public Works Laws. To the extent applicable, the Grant Recipient will comply with all public works laws, regulations, and ordinances, including but not limited to those related to prevailing wages (see RCW 39.12), retainage (see RCW 60.28), bonding (see RCW 39.08), use of licensed contractors (see RCW 39.06), and competitive bidding (see RCW 36.32 and RCW 35.21.278). The Grant Recipient will indemnify and defend King County should it be sued or made the subject of an administrative investigation or hearing for a violation of such laws, regulations, and ordinances in connection with the improvements. Page 8 of 39 King County Parks Last Updated: 08124 49 Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task- 1.12 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 Funds are provided for the purpose of developing and/or supporting the delivery of sports activities or infrastructure for, but not exclusively serving, persons under twenty-four (24) years of age, and low and moderate income communities within King County. Fees for the Project shall be no greater than those generally charged by public operators or project providers in King County. 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. 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. Page 9 of 39 50 King County Parks Last Updated: 08124 Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task- 1.12 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 as set forth in this Section 6 and the executed and recorded Restrictive Covenant Agreement, attached hereto as Exhibit E. Grant Recipient's duties under this Section 15 will survive the expiration or earlier termination of this Agreement. 16. INTERNAL CONTROL AND ACCOUNTING SYSTEM The Grant Recipient shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards in accordance with Revised Code of Washington (RCW) Chapter 40.14. 17. MAINTENANCE OF RECORDS 17.1 The Grant Recipient shall maintain accounts and records, including personnel, property, financial, Project records, including Agreement deliverables, and other such records as may be deemed necessary by the County to ensure proper accounting for all Agreement funds and compliance with this Agreement. 17.2 These records shall be maintained for a period of six (6) years after the expiration or earlier termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with (RCW) Chapter 40.14. 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. Page 10 of 39 King County Parks Last Updated: 08124 51 Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task- 1.12 19. COMPLIANCE WITH ALL LAWS AND REGULATIONS The Grant Recipient, in cooperation and agreement with the owners of the Premises, shall comply with all applicable laws, ordinances and regulations in using funds provided by the County, including, without limitation, those relating to providing a safe working environment to employees and, specifically, the requirements of the Washington Industrial Safety and Health Act (WISHA), Chapter 49.17 RCW; and, to the extent applicable, those related to "public works," payment of prevailing wages, and competitive bidding of contracts. The Grant Recipient specifically agrees to comply and pay all costs associated with achieving such compliance without notice from King County; and further agrees that King County, does not waive this Section by giving notice of demand for compliance in any instance. The Grant Recipient shall indemnify and defend the County should it be sued or made the subject of an administrative investigation or hearing for a violation of such laws related to this Agreement. 20. CORRECTIVE ACTION If the County determines that a breach of contract has occurred or does not approve of the Grant Recipient's performance, it will give the Grant Recipient written notification of unacceptable performance. The Grant Recipient will then take corrective action within a reasonable period of time, as may be defined by King County in its sole discretion in its written notification to the Grant Recipient. The County may withhold any payment owed the Grant Recipient until the County is satisfied that corrective action has been taken or completed. 21. TERMINATION 21.1 Termination for Convenience. The County may terminate this Agreement in whole or in part, with or without cause, at any time during the Term of this 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 Page 11 of 39 rJ2 King County Parks Last Updated: 08124 Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task- 1.12 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 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: Page 12 of 39 King County Parks Last Updated: 08124 53 Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 23.1 The duty to promptly accept tender of defense and provide defense to the County at the Grant Recipient's own expense; 23.2 Indemnification of claims made by the Grant Recipient's employees or agents; and 23.3 Waiver of the Grant Recipient's immunity under the industrial insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify King County, which waiver has been mutually negotiated by the parties. In the event it is necessary for the County to incur attorney's fees, legal expenses or other costs to enforce the provisions of this Section, all such fees, expenses and costs shall be recoverable from the Grant Recipient. In the event it is determined that 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 4.24.115, as now enacted or hereafter amended. A hold harmless provision to protect King County similar to this provision shall be included in all Agreements or subcontractor Agreements entered into by the Grant Recipient in conjunction with this Agreement. The Grant Recipient's duties under this Section 23 will survive the expiration or earlier termination of this Agreement. 24. CONTRACTOR INDEMNIFICATION AND HOLD HARMLESS Grant Recipient will require its Contractors and any Subcontractors to defend, indemnify, and hold King County, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorney's fees and costs, arising out of or in connection with except for injuries and damages caused by the negligence of King County. 25. NONDISCRIMINATION King County Code ("KCC") chapters 12.16 through 12.19 apply to this Agreement and are incorporated by this reference as if fully set forth herein. In all hiring or employment Page 13 of 39 54 King County Parks Last Updated: 08124 Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task- 1.12 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. 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 Page 14 of 39 King County Parks Last Updated: 08124 55 Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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 82.29A; PROVIDED, however, that nothing contained herein will modify the right of the Grant Recipient to contest any such tax, and the Grant Recipient shall not be deemed to be in default as long as it will, in good faith, be contesting the validity or amount of any such taxes. 32. DEBARMENT, SUSPENSION OR INELIGIBILITY By accepting the terms of this Agreement, Grant Recipient certifies that the Grant Recipient nor its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any Federal or State department or agency. If the Grant Recipient or its principals become debarred, suspended or ineligible from participating in transactions, Grant Recipient shall notify the County within fifteen (15) calendar days of an event. The Grant Recipient agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the "General Service Administration List of Parties Excluded from Federal Procurement or Non -procurement Programs" which can be found at www.sam.gov or Department of Enterprise Services Debarment List which can be found at https://des.wa.gov/services/contracting-purchasing/doing-business- state/vendor-debarment. 33. WASHINGTON LAW CONTROLLING, WHERE ACTIONS BROUGHT This Agreement shall be interpreted in accordance with the laws of the State of Washington. Any claim or suit between the Parties arising out of this Agreement may only be filed and prosecuted in King County Superior Court. Page 15 of 39 56 King County Parks Last Updated: 08124 Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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 RCW: PUBLIC RECORDS ACT (wa.gov) (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 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. Page 16 of 39 King County Parks Last Updated: 08124 57 Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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 Signature City of Tukwila Parks and Recreation Signature NAME (Please type or print), Title NAME (Please type or print), Title Date Date Page 17 of 39 58 King County Parks Last Updated: 08124 Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task- 1.12 EXHIBIT A — MAP OF FACILITY AND/OR SCHEMATIC Joseph Foster Memorial Park Site Map � Ny 00 Ilk I � S 138T H S? � An I ; �" , Ii, *� ''.�i, S 139TH < - ry4��► -05 Override 1 1= City Limits i� Parcels Street Q'�� z. 4410 "40 L- 0 0.03 0.05 0.1 mi 0.00 0.16 km 0 o.0a City of Tukwila, King County Page 18 of 39 King County Parks Last Updated: 08124 59 Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task- 1.12 EXHIBIT B — SCOPE OF WORK Project Summary Scope of Work Summary: The City of Tukwila Parks & Recreation Department will improve access to field -sport recreational opportunities year-round by converting the grass field at Joseph Foster Memorial Park to a multi -sport turf surface, providing communities across the city and South King County access to field -based sports throughout the year. Project Location: Joseph Foster Memorial Park, 13726 53rd Ave S, Tukwila, WA 98168 Parcel Numbers: 0003000010, 0003000011 Total Amount of this Award: $250,000.00 Total Project Cost: $1,570,000.00 Page 19 of 39 60 King County Parks Last Updated: 08124 Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task- 1.12 Activity Timeline & Deliverables Phase/Task Deliverables Activity Date/Timeline Description Project Management Progress Reports Progress Quarterly & Administration Reports submitted via Project Management Grant Portal & Administration Planning Phase Project Schedule Submit Project Schedule January 2026 Preliminary Design Preliminary Design Plans Submit Preliminary February 2026 Design Plans Final Design Phase Final Design Plans Submit Final Design June 2026 Plans Share updates via Progress Complete Construction October 2026 Reports Documentation Share updates via Progress Complete Permitting May 2027 Reports Pre -Construction Cultural Resource Complete Cultural Due prior to any ground Requirements Preservation Requirement Resource Preservation disturbing or construction Requirements in activities alignment with requirements outlined in he Grant Agreement Property Use Requirement Complete a public access Due prior to distribution of property use agreement grant funds for (e.g., Restrictive construction Covenant) in alignment with requirements outlined in the Grant Agreement Construction Evidence of Submit Builder's Risk and Due prior to construction Insurance any remaining evidence and/or geotechnical of insurance in alignment activities with requirements outlined in the Grant Agreement Page 20 of 39 King County Parks Last Updated: 08124 61 Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task- 1.12 Implementation Share updates via Progress Reports Groundbreaking June 2027 Closeout Share updates via Progress Reports Complete Construction December 2027 Final Report Complete Final Report upon project completion March 2028 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 21 of 39 62 King County Parks Last Updated: 08124 Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task- 1.12 EXHIBIT C — PROJECT BUDGET Planning Costs $100,000.00 Construction Costs $150,000.00 Personnel Costs $0.00 Indirect Costs $0.00 Total $250,000.00 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 planning, design, consultant fees, and permits. Construction Costs include but are not limited to turf, lighting, sub -drainage, and other materials or construction activities. Personnel Costs include but are not limited to staff pay and benefits. Indirect Costs include expenses of doing business that are not readily identified with a particular grant, contract, project, function, or activity, but are necessary for the general operation of the organization or performance of the organization's activities. Page 22 of 39 King County Parks Last Updated: 08124 63 Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task- 1.12 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 23 of 39 64 King County Parks Last Updated: 08124 Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task- 1.12 2.2. The County reserves the right to require complete, certified copies of all required insurance policies, including all endorsements and riders, which may be redacted of any confidential or proprietary information. Grant Recipient shall deliver such policies to the County within five (5) business days of County's request. 3. Minimum Scope and Limits of Insurance 3.1. Grant Recipient shall maintain the following types of insurance and minimum insurance limits: 3.1.1. Commercial General Liability: $1,000,000 per occurrence and $2,000,000 in the aggregate for bodily injury, personal and advertising injury, and property damage. Coverage shall be at least as broad as that afforded under ISO form number CG 00 01. Such insurance shall include coverage for, but not limited to, premises liability, ongoing operations, products and completed operations, and contractual liability. Limits may be satisfied by a single primary policy or by a combination of separate primary and umbrella or excess liability policies, provided that coverage under the latter shall be at least as broad as that afforded under the primary policy and satisfy all other requirements applicable to liability insurance including, but not limited to, additional insured status for the County. 3.1.2. Automobile Liability: Grant Recipient and/or its Contractor(s) will maintain Automobile Liability insurance with a minimum $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage shall be at least as broad as that afforded under ISO form number CA 00 01 covering BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the combination of symbols 2, 8, and 9. Limit may be satisfied by a single primary policy or by a combination of separate primary and umbrella or excess liability policies, provided that coverage under the latter shall be at least as broad as that afforded under the primary policy. 3.1.3. Workers Compensation: If Grant Recipient or its Contractor(s) have employees, then Workers Compensation coverage shall be maintained as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this Project by applicable Federal or "Other States" State Law. 3.1.4. Employers Liability or "Stop Gap" coverage: If Grant Recipient or its Contractor(s) have employees, then Employers Liability or "Stop Gap" coverage shall be maintained with a minimum limit of $1,000,000 each occurrence and shall be at least as broad as the protection provided by the Workers Compensation policy Part 2 (Employers Liability), or, in monopolistic states including but not limited to Washington, the protection Page 24 of 39 King County Parks Last Updated: 08124 65 Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task- 1.12 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 25 of 39 66 King County Parks Last Updated: 08124 Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task- 1.12 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, Page 26 of 39 King County Parks Last Updated: 08124 67 Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task- 1.12 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 27 of 39 64 King County Parks Last Updated: 08124 V Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task- 1.12 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 ortypeinformation 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 #'s on page of document Grantor(S) Exactly as name(s) appear on document 1. City of Tukwila Parks and Recreation 2. Additional names on page of document. Grantee(S) Exactly as name(s) appear on document 1. King County Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Additional legal is on page EXHIBIT - LEGAL DESCRIPTION of document. Assessor's Property Tax Parcel/Account Number ❑ Assessor Tax # not yet assigned 0003000010,0003000011 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 Pa Note to submitter: Do not sign above nor pay additional $50 fee if the document meets margin/formatting requirements Page 28 of 39 King County Parks Last Updated: 08124 �� Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 RESTRICTIVE COVENANT AGREEMENT This Parks One Time Capital Project Restrictive Covenant Agreement (the "Covenant Agreement") is effective , and is made and executed by [Property Owner] ("Property Owner"), and by and in favor of King County (the "County"), a political subdivision of the State of Washington (the "County") in relation to Parks Grant Agreement dated , between the County and City of Tukwila Parks and Recreation ("Grant Recipient"). In this Covenant Agreement, Property Owner, Grant Recipient, and the County may also be referred to collectively as the "Parties" and individually as "Party." RECITALS A. Property Owner 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 $250,000.00 (the "Grant Agreement"), Grant Recipient has constructed a facility (the "Facility") on the Property for the purpose of to construct, renovate, or rehabilitate a facility, in the Project described in Exhibit B, in order to provide increased athletic opportunities and to address an athletic need for the citizens of King County, Washington. A map of the Property and Facility is attached to and made part of this Covenant Agreement as Exhibit F-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, Property Owner, 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. Property Owner, Grant Recipient, and the 70 3-PARTY RESTRICTIVE COVENANT TEMPLATE City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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, Property Owner 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 subsequent owners of the County's benefited property interests, subject to modification thereof as specifically provided below. Each and every contract, deed, or other instrument hereafter executed conveying any portion or interest in the Property and/or the Facility, shall contain an express provision making such conveyance subject to the covenants and conditions of this Covenant Agreement, provided however, that any such contract, deed, or other instrument shall conclusively be held to have been executed, delivered and accepted subject to such covenants and conditions, regardless of whether or not such covenants and conditions are set forth or incorporated by reference in such contract, deed, or other instrument. 2. Property Owner and Grant Recipient Covenants Public Use of Property and Facility for Thirty Years. Property Owner and -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 Property Owner and Grant Recipient that such covenants shall supersede any prior interests Property Owner or 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. Property Owner, Grant Recipient, and the County agree that King County shall have standing to enforce these covenants. 3. Acknowledgement of Grant Funds Used for Construction (or Specify). Grant Recipient acknowledges that the Facility was constructed on the Property for the purpose of developing and/or supporting the delivery of sports activities or infrastructure for, but not exclusively serving, persons under twenty-four (24) years of age, and low- and moderate -income communities within King County, 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 YASG Grant award amount is made to King County. 4. Property Owner and Grant Recipient Covenants Use of Property and Facility for Public Use. Property Owner and Grant Recipient covenants and agrees that the neither the Property nor the Facility shall be transferred or conveyed except by a contract, deed, or other instrument expressly making such transfer or conveyance subject to the covenants and conditions of this Covenant Agreement. 5. Prooerty Owner and Grant Recipient Covenants Non-Discriminatory Use of 3-PARTY RESTRICTIVE COVENANT TEMPLATE 71 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task- 1.12 Property and Facility. Property Owner and _Grant Recipient covenants that it and any successor in interest will maintain the Property and Facility for public use as required by the Grant Agreement. Property Owner and 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. Property Owner and Grant Recipient covenants that it will not limit or restrict access to and use of the Property and Facility by non -Property Owner and non -Grant Recipient residents in any way that does not also apply to Property Owner and Grant Recipient residents. Property Owner and 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 -Property Owner and non -Grant Recipient residents as for the residents of Property Owner and Grant Recipient. 6. Parties Bound. This Covenant Agreement shall benefit and be enforceable only by County, Property Owner, Grant Recipient, and their successors or assigns and shall not be enforceable by any third parties. 7. Remedies. The County, its successors, designees or assigns shall have the following remedies against Property Owner, Grant Recipient, their successors, designees or assigns for violation of this Covenant Agreement: 7.1 Default. If Property Owner or 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 Property Owner and/or Grant Recipient for breach of this Covenant Agreement, the County shall provide written notice specifying the default to Property Owner and/or Grant Recipient. Property Owner and 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 Property Owner and Grant Recipient to complete such cure, provided that Property Owner and 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 Property Owner and/or Grant Recipient in the event of a default. 72 3-PARTY RESTRICTIVE COVENANT TEMPLATE City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 7.4 No Waiver. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage, or waive the right of the County to enforce the same or obtain relief against or recover for the continuation or repetition of such breach or violation or any other breach or violation thereof at any later time or times. 8. Miscellaneous Provisions. 8.1 Agreement to Record. Property Owner and 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 Grant Recipient: 12424 42nd Avenue S Tukwila, WA 98168 Attn: If to [Property Owner]: [ADDRESS, ATTN, TITLE] 3-PARTY RESTRICTIVE COVENANT TEMPLATE 73 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task- 1.12 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 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, Property Owner, 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. Property Owner, 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. Property Owner agrees to notify the County within 30 days of any transfer of Property Owner'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. Page 33 of 39 74 King County Parks Last Updated. 08124 Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task- 1.12 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. Page 34 of 39 King County Parks Last Updated. 08124 75 Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task- 1.12 KING COUNTY Signature NAME (Please type or print), Title Date City of Tukwila Parks and Recreation Signature NAME (Please type or print), Title Date [Notary Block on following page] STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) [Property Owner] Signature NAME (Please type or print), Title Date 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 PROPERTY OWNER, 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: Page 35 of 39 76 King County Parks Last Updated. 08124 Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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. 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 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: Page 36 of 39 King County Parks Last Updated: 08124 Capital Project Grant Agreement 77 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 DRAFT RESTRICTIVE COVENANT AGREEMENT EXHIBIT E-1 — LEGAL DESCRIPTION 1.0003000010 That portion of the Stephen Foster donation Claim No. 38 in the northwest quarter of the southwest quarter of Section 14, Township 23 North, Range 4 East, W.M, in King County, Washington, described as follows: A tract of land bounded on the north by South 137th Street, in the west by College Street (now 52nd Avenue South), and on the south by held a venue (now 139th Street). Abbreviated: FOSTER STEPHEN-D C # 38 TRACT OF LAND BOUNDED ON N BY S 137TH ST ON E BY 53RD AVE S ON W BY COLLEGE ST & ON S BY HELD AVE 2.0003000011 That portion of the Stephen Foster donation Claim No. 38 in the northwest quarter of Section 14, Township 23 North, Range 4 East, W.M, in King County, Washington, described as follows: A tract of land bounded on the north by held a venue (now South 138th Street), on the east by 53rd a venue south, on the west by College Street (now 52nd a venue South), and on the south by South 139th Street. Abbreviated: FOSTER STEPHEN-D C # 38 TRACT OF LAND BOUNDED ON N BY HELD AVE-ON E BY 53RD AVE S-ON W BY COLLEGE ST & ON S BY S 139TH ST Page 37 of 39 78 King County Parks Last Updated: 08124 Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task- 1.12 DRAFT RESTRICTIVE COVENANT AGREEMENT EXHIBIT E-2 - PROPERTY/FACILITY MAP Page 38 of 39 King County Parks Last Updated: 08124 79 Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task- 1.12 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: 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 reviewed with the field staff at the start of ground disturbing work and will be kept on site during construction of the project. If needed, the Grant Recipient can ask a professional cultural resources practitioner or a representative from the King County Historic Preservation Program to attend their project kickoff to provide a formal review of the IDP. Page 39 of 39 King County Parks Last Updated. 08124 80 Capital Project Grant Agreement A 2024 Master Plan Document for: Tukwila Community Center Campus Joseph Foster Memorial Park i Tukwila Parks and Recreation Tukwila, WA Contents ProjectOverview and Site................................................................................03 1. Project Location........................................................................................................................................04 2. Existing Site and Scale - Tukwila Community Center Campus..................................................05 3. Existing Site and Scale - Joseph Foster Memorial Park...............................................................06 Preferred Design Concept - Tukwila Community Center...................................07 1. Overall Park Concept Plan....................................................................................................................07 2. Design Focus Area....................................................................................................................................08 Preferred Design Concept - Joseph Foster Memorial Park.................................09 1. Overall Park Concept Plan....................................................................................................................09 2. Design Focus Area....................................................................................................................................10 CommunityOutreach......................................................................................11 Rewilding and Park Ecology.............................................................................13 Itemsfor Additional Study...............................................................................14 s 9% Project Overview and Site The City of Tukwila is embarking on an exciting journey to revitalize two beloved community spaces: the Tukwila Community Center Campus and Joseph Foster Memorial Park. These parks are notjust recreational areas but essential parts of the city's natural and cultural heritage. This master plan envisions a future where these parks serve as vibrant, accessible, and environmentally sustainable spaces that reflect and enhance the unique natural character of each site. The redesign of these parks is driven by a commitment to preserving and enhancing the natural beauty that defines them. By carefully integrating new amenities and improving community access, the plan seeks to connect people more closely with the surrounding environment, including the scenic Duwamish River. At the heart of this project is a respect for the history and identity of each site, ensuring that their legacy is honored while meeting the needs of future generations. This master plan emphasizes utilizing the entire site, fostering a deep connection between the parks and the adjacent natural landscapes. The focus is on enhancing the existing features while minimizing new disturbancesto the environment, thereby creating spacesthatare notonlyenjoyable butalso sustainable. As we look to the future, these renovations will transform the Tukwila Community Center Campus and Joseph Foster Memorial Park into dynamic, inclusive, and ecologically responsible destinations that serve the entire Tukwila community. Through thoughtful design and careful stewardship, these parks will continue to be cherished spaces for recreation, reflection, and connection with nature. Tukwila Community Center Campus The Tukwila Community Center Campus, nestled along the Duwamish River, offers a picturesque setting with a mix of open spaces and mature vegetation. However, outdated infrastructure, including an aging bridge and nearby roadways, detracts from the natural beauty and accessibility of the site. To address this, the master plan proposes creating a buffer of native vegetation to shield the park from these structures, enhancing both the aesthetic and ecological value of the area. Improving river access is a key focus, as current access points are limited and underdeveloped. By integrating the entire site into a cohesive park experience, the plan seeks to celebrate the Duwamish River as a central feature, making it more accessible and better connected to the community. This approach will transform the campus into a vibrant, nature -integrated park that balances recreational usewith environmental stewardship. Joseph Foster Memorial Park Joseph Foster Memorial Park spans nine acres and is divided into three distinct areas, each offering different recreational amenities. The upper area, historically known as Upper Foster Park, features a small baseball field. The lower portion of the park includes a softball field, tennis court, and basketball court, while the third area provides a larger baseball field, picnic shelter, playground equipment, restrooms, and a paved pathway. Despite the amenities, the park's current layout feels disconnected, limiting its potential as a cohesive community space. The master plan aimsto unifythese three areas into a seamless park experience that responds to the site's natural topography and setting. By creating pathways and landscaping that connect the various sections, the park will be transformed into a more accessible and engaging space for all visitors. This approach will not only enhance public enjoyment by providing a variety of recreational opportunities but also emphasize the park's natural features, fostering a deeper connection between the community and the environment. Project Location Ryan HIII ------------ D—apsh— 3 i, i i Allentown Joseph Foster Memorial Park and the Tukwila Community Center Campus are two key green spaces in Tukwila, Washington, a suburb of Seattle. Both parks are situated near the Duwamish River, a significant natural and historical feature of the region. Their proximity to major landmarks like Boeing's facilities and Seattle -Tacoma International Airport makes them easily accessible while also providing a peaceful retreat within an urban environment. The name "Tukwila," derived from the Duwamish word for "hazelnut;' reflects the area's rich natural heritage, including the once -abundant hazelnut trees. Joseph Foster Memorial Park, covering nine acres, offers a variety of recreational amenities across its three distinct areas, including sports fields, courts, picnic shelters, and playgrounds. The Tukwila Community Center Campus, set along the Duwamish River, features open spaces and mature vegetation that enhance its tranquil atmosphere. The master plans for these parks focus on enhancing their natural settings, improving accessibility, and creating cohesive, engaging environments that honor the area's cultural and environmental heritage. These renovations aim to strengthen the connection between the community and the land, fostering spaces that are both enjoyable and ecologically sustainable. Duwamish Hill Preserve Duwamish Park Center Campus 1-5 Park \ Riverton Park % Foster Poini, Riverton-— — _7G_ i i r � hew Joseph Foster r Memorial Par 1-5 Fostkr � Cascade View Community Park Tukwila Hill Macadam winter Garden --------------- I Thorndyke 84 Oh Existing Site and Scale Joseph Foster Memorial Park "" 6 85 Overall Preferred Concept Plan Joseph Foster Memorial Park The redesign of Joseph Foster Memorial Park seeks to breathe new life into its existing 9-acre landscape while maintaining its core elements. By unifying the north and south sections through the closure of S 139th Street, the park will transform from three distinct areas into one cohesive space. This approach preserves the park's natural features, enhancing them to foster larger ecosystems and create a more connected experience for visitors. The design leverages the existing topography, turning the slopes into signature attractions like the "Play Slope," which will feature universally accessible pathways, slides, scrambles, and ziplines, all integrated with natural stormwater management. LEGEND S 139TH STREET OLOWER ATHLETIC FIELD Artificial turf and field lighting, new outfield fencing and "green monster." ©PICKLEBALL COURTS Covered uses, colorful overlay, eastward oriented, lighted. Pickleball and basketball courts. ©OUTDOOR GYM Colorful overlay, crossfit area, bouldering wall. OBARK'S BUTTE Islands of green, improved access, and amenities at dog park in upper west corner of park. ©PLAY SLOPE The park's signature: former road reclaimed as terrace and park program that embraces and uses the slope. OBASKETBALL COURT New "sunken" basketball court provides "hang" space and ball control (no fence). OWETLAND GROVE A collection of deciduous trees with underlying "goat -trails" and benches. QMEADOW MOUNDS "Mima Mounds" - mounds of playful mowed lawn topography. OPICNIC SHELTER 2-3 picnic shelters available for small party rental. FOREST EDGE Reforested edges provide sound buffering and "good neighbor' buffer for surrounding area. COMMUNITY BOWL Small, paved area embedded into created topography with stage. Could also be used as a skate spot. The park's core recreational areas will be revitalized with new amenities, ensuring they meet the community's evolving needs while honoring the park's original structure. 'Tukwila Terrace' will hoststructured play areas, including courts for tennis, pickleball, and basketball, an outdoor gym, and a centrally located dog park. The "gathering green" will serve as a community hub, offering improved facilities like restrooms, picnic shelters, and youth soccer fields with natural grass. The redesign emphasizes maintaining the park's foundational elements while giving them fresh purpose, ensuring it remains a vital, dynamic space for all visitors. *00 LOWER FOSTER FIELD OGATHERING 0GREEN E 14 h Cr v D < } M z c M 0 1 9 86 00 ,o, za' 40' � Design Focus Area Joseph Foster Memorial Park ® PLAY SLOPE: The park's signature: former road reclaimed as terrace and park program that embraces and uses the slope. OGATHERING GREEN: A place for ecological diversity and passive park use including picnic shelters and nature paths through a unique topographic landscape. Central to many more active park uses. © LOOPING PATHS: Ties together different areas of the park, enhancing connectivity and ensuring that like -uses are grouped harmoniously. OREC ZONE: Enhance and improve recreation. OTUKWILA TERRACE: Includes Bark's Butte dog park and sheltered pickle ball and outdoor fitness area. OBARK'S BUTTE: Islands of green, improved access and amenities at dog park in upper west corner of park. O Community Outreach Engaging the community through surveys and discussions is a crucial step in the master planning process for the TukwiIa parks. These tools allow designers to gain valuable insights into the needs and desires of the people who use these spaces, ensuring that the final plans reflect the community's vision. By gathering input directly from residents, the design process becomes more inclusive, leading to a park design that truly serves the diverse interests of the community. This collaborative approach not only fosters a sense of ownership and pride among community members but also helps prioritize improvements that will have the most meaningful impact, creating parks that are not only beautiful and functional but also deeply aligned with the community's values and expectations. On November 16, 2023, the City of Tukwila, Global to Local, and Healthpoint hosted a community dinner and asked attendees to share their needs and vision for parks in Tukwila through a written survey and group discussion. Some of the key takeaways are presented here. This information along with responses gathered from the Tukwila Community Center Campus and Foster Park online surveys will help Tukwila Parks and Recreation better serve the community, not only at these two parks, but across the entire park system. PIPNeighborhoods NOV 49 Attendees Q 10Languages Most Represented 1. Foster 2. Cascade View 0 3. Riverton Most Visited Parks . r 1. Cascade View 2. Community Center 3. Crestview General Make -Up of Attendees Question: What needs improvement at Tukwila Parks? Common Attendee Responses: o 3 IF 111V ot 1* 0 Public Safety General Access Maintenance Restrooms Play Spaces More lighting, fencing, security Increase awareness and public More routine, reduce drug More needed with better upkeep More all-age/ability options with presence and reduce illicit transportation options to parks paraphernalia found in parks and comfortable/secure for better upkeep and security activities families. Question: What makes a good park? Common Attendee Responses: f Destination Play Walk/Run Paths Outdoor Gym Multi -Sport Fields Dog Areas • r 111 • AN►Q I 11 I Contemplation Outdoor Protected Play Ample Parking Regular Areas Cooking Maintenance P r Q Lighting Family Performance Accessible by Restrooms Areas Public Transport �11 88 4 ''� �.:sue - �■ � �i11 �` d �� i ' . era �� .�wA i■r�i was Rewilding and Park Ecology Existing Site Tukwila Community Center t w Joseph Foster Memorial Park The Tukwila parks masterplan placesa strong emphasison rewildingthe natural elements at both the Tukwila Community Center Campus and Joseph Foster Memorial Park. This approach includes creating enhanced stormwater management systems through functional and aesthetically pleasing rain gardens that not only control runoff but also support local ecosystems. The parks will be replanted with new trees to increase habitat opportunities and provide essential shade cover, contributing to the health of the urban forest. In addition, the plan focuses on enhancing vegetation diversity by incorporating pollinator -friendly plantings with seasonal perennials, fostering a vibrant and resilient ecosystem. The restoration of the understory with native Northwest species will further reinforce the parks' commitment to ecological restoration, creating spaces that are notonly beautiful but alsovital for local wildlife and plant communities. Enhanced stormwater management with functional and beautiful rain gardens habitat opportunities and shade cover Enhanced vegetation diversity and provide pollinator planting with seasonal perennials Restored understory with native Northwest planting 13 Items for Additional Study As the TukwiIa parks master plan progresses, several key areas require further exploration to ensure that the parks serve the community effectively and create a welcoming, enjoyable environment. These additional studies wi II help address potential chat lenges and identify opportunities to enhance the overall experience for park visitors. By carefully examining these areas, the plan can be refined to better meet the needs of the community and create spaces that are both functional and reflective of Tukwila's unique identity. 1) Parking Study The parking study for the Tukwila parks master plan aims to balance visitor needs with environmental and community goals. By assessing current use and future demand, the study will explore ways to reduce the parking footprint through enhanced public transportation, carpooling, and improved pedestrian and cycling access. It will also consider redesigning parking areas to serve dual purposes, transforming them into flexible spaces for community events and activities. Incorporating green infrastructure like permeable pavements and rain gardens will further integrate these areas into the park's natural environment, shifting the focus from cars to creating multifunctional, sustainable spaces that better serve the community. 2) Community Identity Feature The community identity features within the Tukwila parks master plan are designed to reflect and celebrate the distinct character and history of each park. At the Tukwila Community Center, the identity feature might focus on honoring the site's connection to the Duwamish River and its cultural significance, potentially through public art or a symbolic structure that draws on the area's indigenous heritage and natural beauty. This feature would serve as a central gathering space, enhancing the connection between the community center's indoor and outdoor environments. 3) Enhancing the Duwamish In contrast, the identity feature at Joseph Foster Memorial Park would Iikelyemphasize the park's role as a recreational and social hubwithinthe community. This could taketheformofa landmark that celebrates the park's history as a place for sports, play, and family gatherings, creating a focal point that invites visitors to engage with the park's amenities and its rich community legacy. By tailoring each identity feature to the specific context and history of the park, the master plan ensures that both sites resonate deeply with the local community, fostering a stronger sense of place and belonging. The Duwamish is the greatest asset of the Community Center site, a treasure waiting to be more fully embraced. The river is also a heavily impacted ecology in need of restoration. Further study can add detail to the best way to enhance the park's shoreline frontage to enhance the river's ecology even as it enhances the park's experience. Imagine this spot on the Duwamish, at its best, become part of a "water trail" for the community connecting multiple sites along the Duwamish, and even be a "canoe landing" for local tribes! TUKWILA PARKS MASTER PLAN — FOSTER MEMORIAL PARK ��DA,HOGAN t NORTH 92 v 7 City of Tukwila Thomas McLeod, Mayor Marty Wine, City Administrator Agenda Item Sponsor Legislative History Recommended Motion ITEM NO. 1.C. AGENDA BILL Gregor House Property lease Stacy Hansen, Human Services Program Coordinator March 23, 2026 Community Services & Safety Committee April 6, 2026 Regular Meeting Consent Agenda ❑ Discussion Only ❑x Action Requested Move to authorize property lease agreement with St. Stephen Housing Association for the use of the Gregor House to house unsheltered families. EXECUTIVE SUMMARY The City of Tukwila owns a house, Gregor House, located at 14239 42nd Avenue South which has been repaired and is ready for use to house unsheltered families. The City desires to enter into a property lease agreement with St. Stephen Housing Association to manage this process. The Council is being asked to approve the lease agreement and consider forwarding this item to the April 6, 2026, Regular Council Meeting consent agenda. DISCUSION City owned Gregor House (GH), located at 14239 42nd Ave. S., has been recently remodeled with funding from King County that supports housing for unsheltered families. With the GH remodel complete, this home is ready to be back on-line, providing necessary housing to unsheltered families. After speaking with two potential partners, we selected non-profit partner St. Stephen Housing Association to manage the upkeep of GH providing families with necessary supportive services. This includes case management, housing navigation and assistance with barrier removal. The city provides GH rent free, but the non-profit is responsible for certain costs and maintenance. Executing the Gregor House property lease is the next step in ensuring that unsheltered families can move into safe, stable, housing as they work towards securing permanent housing. FINANCIAL IMPACT Complete for all items with fiscal implications Disclaimer: Final terms and scope of work subject to review by the City Attorney ❑ Expenditure - Budgeted Expenditures: Fund Source: ❑ Expenditure - Unbudgeted $0 N/A — Lessee is responsible for costs ❑ Expenditure - Grant -Funded associated with or arising out of the El Revenue —One- Revenues if applicable): maintenance and operation of the $0 leased premises. Time (e.g. asset sale, surplus equipment) ❑ Revenue - Ongoing Contractor (if applicable) St. Stephen Housing Association Scope of Work Property Lease Agreement for Gregor House Duration Through December 31, 2027 ATTACHMENTS Gregor House property lease with non-profit St. Stephan Housing Association • City of Tukwila 6200 Southcenter Boulevard, Tukwila WA98188 RESIDENTIAL LEASE AGREEMENT GREGOR HOUSE This lease is made effective April 1, 2026, between the City of Tukwila, a municipal corporation, as "Lessor," and St. Stephen Housing Association, a Washington non-profit corporation, as "Lessee" (collectively, the "Parties"). WHEREAS, homelessness continues to be an issue for residents of the City of Tukwila and the greater community at large; and WHEREAS, Lessor, a Washington municipal corporation, has determined that the provision of transitional housing to homeless and impoverished members of the community serves a fundamental governmental purpose as it protects the public health, safety, and welfare; and WHEREAS, Lessee is a Washington non-profit corporation that provides temporary and transitional housing to the homeless; Now, therefore, the Parties agree as follows: 1. PREMISES: Lessor shall lease to Lessee the Residence currently situated at 14239 42nd Ave. S., Tukwila, Washington ("Premises"). 2. TERM: The term of this lease shall commence on April 1, 2026 and shall terminate on December 31, 2027, unless sooner terminated as a result of Lessee's default hereunder in accordance with the termination provisions set forth in paragraph 19. The Lessor reserves the right to terminate the lease at its convenience prior to the completion of the term at any time for any reason with 90 days' prior written notice. 3. POSSESSION: Lessee shall be deemed to have accepted possession of the 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 associated 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 dwellings, on a rent- free basis or for income -based rent, for homeless families with minor children whose income falls below 50% of King County median income and all current uses incidental thereto, 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 applicable utilities. Lessee shall screen all housing applicants to ensure that applicants meet the income qualifications set forth herein. Lessee shall provide Lessor with an annual report each year reflecting data regarding the populations served by Lessee at the Premises. 6. MAINTENANCE, REPAIR AND SECURITY RESPONSILIBITY: A. Lessee shall, when and if needed, at Lessee's sole expense, make any and all necessary minor repairs to the Premises and every part thereof. For purposes of this provision, the term "minor repair" Page 1 of 7 { N M M 4936-0814-0184;1/13175.000001/} means any repair for which the sum total of parts and labor is under $5,000 per occurrence. Lessee shall not be required to pay more than a total of $5,000 on minor repairs during the term of this agreement. Lessee shall notify Lessor immediately when Lessee has spent a total of $5,000 on minor repairs during the terms of this 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 expense, make all necessary major repairs to the Premises and every part thereof. For purposes of this provision, the term "major repair" means any repair for which the sum total of parts and labor is $5,000 or more. Lessee shall maintain the Premises in a neat, 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. B. Lessor has equipped the Premises with a professionally monitored alarm system. For safety and security purposes, Lessee agrees to require occupants to activate the alarm system whenever the premise is left unoccupied for any period of time. 7. UTILITIES: Lessee shall pay prior to delinquency for all heat, light, water and other utility services supplied to the Premises. 8. ALTERATIONS AND ADDITIONS BY LESSEE: After obtaining the prior consent of Lessor, 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 performed shall be done in a workmanlike manner and shall become the property of the Lessor. 9. LIENS: Lessee shall keep the leased premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by Lessee. 10. INSURANCE: Lessee shall procure and maintain for the duration of this Lease, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the leased 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 General Liability insurance written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The Lessor shall be named as additional an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing at least as 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 contain, or be endorsed to contain that they shall be primary insurance as respect the Lessor. Any Insurance, self-insurance, 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 current A.M. Best rating of not less than A: VII. Lessee shall furnish the Lessor with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Lessee. Lessee and Lessor hereby release and discharge each other from all claims, 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 Page 2 of 7 { N M M 4936-0814-0184;1/13175.000001/} 0 insurance. The Lessee shall provide the Lessor with written notice of any policy cancellation within two business days of their receipt of such notice. Failure on the part of the Lessee to maintain the insurance as required shall constitute a material breach of lease, upon which the Lessor may, after giving five business days' notice to the Lessee to correct the breach, terminate the Lease or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Lessor on demand. If the Lessee maintains higher insurance limits than the minimums shown above, the Lessor shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Lessee, irrespective of whether such limits 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 shall maintain all-risk property insurance covering the Residence located on the Premises for its full replacement value. Lessee expressly agrees that, should damage arise to the Premises or Residence that is covered by Lessor's insurance but not Lessee's, Lessee shall reimburse Lessor for the cost of Lessor's deductible. Such reimbursement shall be made within thirty days of Lessor's written request for reimbursement. 11. INDEMNIFICATION: Lessee shall bear the sole risk for all personal property on the Premises. Lessor, its officials, employees and agents shall not be liable for any injury to or death of any person, or damage to property, sustained or alleged to have been sustained by Lessee, invitees or others as a result of any condition (including future conditions) in, on or about 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 to indemnify, defend and hold Lessor, and its officials, staff, employees and agents, harmless from any and all claims, liabilities, losses, damages, actions, costs and expenses of any kind (including reasonable attorneys' fees) arising out of or related to Lessee's use of the Premises or the operation and/or conduct of its business or any activity or thing occurring on or about the Premises, and for property damage or bodily injury (including death) suffered on or about the Premises by any person, firm or corporation, except to the extent such loss or damage resulting from the gross negligence of the Lessor or a breach of the terms of this Lease. The terms of this Section 11 shall survive any expiration or termination of this Lease. The indemnification obligations contained in this Section 11 shall not be limited by any worker's compensation benefits or disability laws, and Lessee hereby waives any immunity that it may have under the Industrial Insurance Act, Title 51 RCW and similar worker's compensation benefits or disability laws. Lessee agrees that they have read the above provision and that any questions they had concerning it were 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 officials, employees, or agents. 12. ASSIGNMENT AND SUBLETTING: Lessee shall not assign this lease or any part thereof, either by operation of law or otherwise, without first obtaining the prior written consent of Lessor. 13. DEFAULT: Failure by Lessee to observe or perform any of the covenants, conditions, or provisions of this lease, where such failure shall continue for a period of ten days after written notice from Lessor to cure the default, shall constitute a default and breach of the lease by Lessor. Lessee shall notify Lessor promptly of any default not by its nature necessarily known to Lessor. Page 3 of 7 { N M M 4936-0814-0184;1/13175.000001/} N11 14. ACCESS: Lessee shall permit Lessor to enter the leased premises at reasonable times for the purpose of inspecting the leased premises and ascertaining compliance with the provisions hereof by Lessee, but nothing herein shall be construed as imposing any obligation on Lessor to perform any such work or duties. Lessor reserves the right to property inspection and testing for Lessor's future development purposes. Lessor will give Lessee at least 48 hours' notice in the event of access needed for property testing. 15. COMPLIANCE WITH LAWS, RULES AND REGULATIONS: Lessee shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances, and governmental rules, regulations or requirements now in force or which may hereafter be in force relating to or affecting the conditions, use, or occupancy of the leased premises. Lessee shall faithfully observe and comply with the rules and regulations that Lessor shall from time to time promulgate, including, without limitation, those regulations affecting signage on the Property. 16. PERMITS: Lessee shall, at its sole cost and expense, be responsible for obtaining any permits or licenses that are necessary to perform the work and covenants of this lease Agreement. 17. LEASEHOLD EXCISE TAXES: The Parties believe that this Lease is exempt from the requirements of chapter 82.29A RCW; however, in the event that the Washington State Auditor's Office determines that leasehold excise tax is owing, such costs shall be born by Lessee. In such case, 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. NOTICE: All notices under this lease shall be in writing and shall be effective when mailed by certified mail or delivered to Lessor at the address below stated, or to Lessee at the address below stated or to such other address as either party may designate from time to time: LESSOR: CITY OF TUKWILA ATTN: Mayor's Office 6200 Southcenter Boulevard Tukwila, Washington 98188 LESSEE: St. Stephen Housing Association 13055 SE 192nd Street Renton, Washington 98058-7604 19. TERMINATION: Either party has the right to terminate this Lease if the other party is in default of any material obligation or representation of this lease 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. 20. GENERAL PROVISIONS: A. TIME IS OF THE ESSENCE OF THIS LEASE. B. In the 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 costs of appeal, if any, in such amount as the court may adjudge reasonable Attorneys' fees. For the purposes of this provision, the terms "action" or "proceeding" shall include arbitration, administrative, bankruptcy, 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: Lessee, and each individual executing this lease on behalf of Lessee, represent and warrant that s/he is duly authorized to execute and deliver this lease, and that this lease is binding upon Lessee in accordance with its terms. Page 4 of 7 { N M M 4936-0814-0184;1/13175.000001/} 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. 23. ENTIRE AGREEMENT; MODIFICATION: This Agreement, together with any attachments or addenda, represents the entire and integrated Agreement between the Parties and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 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: LESSEE: By: By: Its: Its: Date: Date: APPROVED AS TO FORM: Office of the City Attorney Page 5 of 7 (N M M 4936-0814-0184;1/13175.000001/) a STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of , 2026, personally appeared before me the undersigned, a Notary Public, in and for the State of Washington, duly commissioned and sworn, , 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. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary public in and for residing at My appointment expires the State of Washington, Page 6 of 7 { N M M 4936-0814-0184;1/13175.000001/} 100 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of , 2026, personally appeared before me the undersigned, a Notary Public, in and for the State of Washington, duly commissioned and sworn, , to me known to be the of St. Stephen Housing Association, a Washington non-profit corporation, that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said St. Stephen Housing Association, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary public in and for residing at My appointment expires. the State of Washington, Page 7 of 7 { N M M 4936-0814-0184;1/13175.000001/} 101 City of Tukwila Thomas McLeod, Mayor Marty Wine, City Administrator Agenda Item Sponsor Legislative History Recommended Motion EXECUTIVE SUMMARY �Wi�A wITEM Z 1908 AGENDA BILL Senate Bill 6002 — Driver Privacy Act Laurel Humphrey March 23, 2025 Community Services & Safety Committee x❑ Discussion Only ❑ Action Requested Overview of Senate Bill 6002 regulating automated license plate readers (ALPRs) DISCUSSION The City Council has been engaged in discussions about ALPRs over the course of many meetings beginning in 2025, and in January the Mayor announced an internal review and assessment of third - party vendor risk management, including with Flock. Staff is preparing a presentation on findings and recommendations to the Council in April. In response to community concerns, the City Council included support for state action on ALPRs in its 2026 Legislative Agenda adopted by Resolution 2133. The Washington State Legislature recently passed SB 6002, which regulates the use of ALPRs by law enforcement, restricts data retention, and requires agency policies, reports, and audits. The bill is still waiting for the Governor's signature, which is expected. Attached for the committee's reference is the Final Bill Report summarizing the legislation. Tukwila PD is currently evaluating impacts and implementation and will keep the Council informed on related policy -making. ATTACHMENTS Final Bill Report ESSB 6002 102 FINAL BILL REPORT 10- : 11I11, Brief Description: Concerning driver privacy protections. Sponsors: Senate Committee on Law & Justice (originally sponsored by Senators Trudeau, Holy, Alvarado, Bateman, Chapman, Conway, Dhingra, Frame, Hasegawa, Kauffman, Lovelett, Nobles, Pedersen, Shewmake, Slatter, Stanford and Valdez). Senate Committee on Law & Justice House Committee on Civil Rights & Judiciary Background: Automated license plate readers (ALPRs) capture images that can be read by computers. The technology is used by law enforcement to compare plate numbers against plates of stolen cars or cars driven by individuals wanted on criminal charges. The technology may also be used for non -law enforcement purposes including but not limited to transportation research, commercial vehicle enforcement, parking enforcement, and toll enforcement. Devices using ALPR systems may be mobile, deployed in vehicles, or stationary, affixed to traffic lights or buildings, and are placed in a variety of locations for the maximum utility. At least 16 states have enacted laws regulating the use of ALPR systems and the data captured by those systems. Washington State does not have a state law regulating ALPR systems. Summary: Operation. ALPR use by an agency is unlawful except for: • law enforcement when comparing data to databases for stolen vehicles, missing or endangered persons, persons on the National Center for Missing and Exploited Children list, vehicles registered to persons with felony or gross misdemeanor warrants, or investigations related to vehicles involved in a felony or gross misdemeanor; • parking enforcement agency, including cities, counties, the Department of Enterprise Services and defined institutions of higher education, when enforcing time restrictions on parking uses, or identification of vehicles on a watch list for impoundment; and • transportation agencies when real-time traffic information for the public, studies —such as delays —or commercial vehicle enforcement at weigh stations. This analysis was prepared by non partisan legislative staff for the use of legislative members in their deliberations. This analysis is not part of the legislation nor does it constitute a statement of legislative intent. Senate Bill Report - 1 - ESSB 6002 103 State and local agencies operating ALPR systems are the legal owners of the associated ALPR data. Prohibitions. ALPR use is prohibited for immigration investigation or enforcement, tracking protected activities —free speech —or collecting data near protected health care or immigration facilities. ALPR use is prohibited on the premises or immediate surrounding of schools, places of worship, courts, or food banks. Certification. Agencies must register ALPR systems with the attorney general, and certify that: • the ALPR system is in compliance with the law; • there are policies in place governing its use; and • a documented training process for the officers who will use it. A positive ALPR match alone does not justify a vehicle stop, officers need independent reasonable suspicion. Data Retention. ALPR data must be deleted within 21 days, except for: • probable cause felony or gross misdemeanor warrants or subpoenas when data must be deleted at the end of the case, pursuant to the record retention schedule—ALPR data may be shared in discovery according to court rules; • when permitted by court order in criminal or civil cases; • parking enforcement when data must be deleted 12 hours after final disposition; • traffic studies when data must be deleted 30 days after collection; • commercial vehicle enforcement when data must be deleted six months after collection; and • law enforcement purposes that may be retained as long as needed for evidence of specified unlawful purposes. Other Prohibited Practices. An agency may not disclose, share, or permit access to ALPR data except in judicial proceedings. No direct access may be shared except for other state or local agencies authorized to collect ALPR data, or for third party vendors providing ALPR services. Watch lists must be updated every 24 hours. An agency may not sell, lease, or purchase ALPR data. An agency my obtain private ALPR data only via warrant. ALPR vendors are prohibited from selling, leasing, renting, or otherwise allowing access to ALPR data to any nonauthorized agency, person, or entity. Public Records. ALPR data is exempt from public records disclosure except for bona fide research that does not contain individually identifiable information. Admissibility. ALPR data obtained in knowing violation of this law is inadmissible in court, except by a person who is bringing a lawsuit for damages for the violation of this law. Policies and Reporting_ By July 1, 2027, the attorney general must develop model policies Senate Bill Report 104 -2- ESSB 6002 on the use of ALPR systems. Agencies must adopt compliant policies by December 1, 2027, submit them to the attorney general, and provide annual reports —such as, matches leading to arrests, data sharing, and audits. Prior to implementation, local agencies shall promote public awareness of ALPR systems. Agencies that adopt policies must publish the policies on their agency website. Audits. Agencies must maintain two year audit trails for all access of ALPR data including the identity of the user, date of access, search terms, and sharing details. Annual internal audits are required for compliance with this law. Consumer Protection Act. A violation of this law is a violation of the Consumer Protection Act. A private right of action exists under this law for violations of the Consumer Protection Act. This provision applies only to persons who enter into contract with state and local government agencies authorized to use ALPR systems. Penalties and Remedies. Willful violations of this law are gross misdemeanors. Injured parties can sue for damages, injunctions, and attorney fees. Votes on Final Passage: Senate 40 9 House 84 10 (House amended) Senate 39 10 (Senate concurred) Effective: The bill contains an emergency clause and takes effect immediately. Senate Bill Report -3- ESSB 6002 105