HomeMy WebLinkAboutReg 2016-04-18 COMPLETE AGENDA PACKETTukwila City Council Agenda
❖ REGULAR MEETING ❖
Allan Ekberg, Mayor Counci /members -:- Dennis Robertson -:- Verna Seal
David Cline, City Administrator Kathy Hougardy -:- De'Sean Quinn
Joe Duffle, Counci /President Kate Kruller -:- Thomas McLeod
Monday, April 18, 2016; 7:00 PM • Ord #2498 • Res #1880
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL
2. APPOINTMENTS/
a. Appointments/ Reappointments to Boards and Commissions:
Pg.1
PROCLAMATIONS
(1) Library Advisory Board
Confirm the appointment of Scott Kruize to Position #1 on the
Pg.5
Library Advisory Board, with a term expiring 12/31/16.
(2) Park Commission,
(a) Confirm the reappointment of Sean Albert to Position #1 on
the Park Commission, with a term expiring 3/31/19.
(b) Confirm the appointment of Heidi Watters to Position #2 on
Pg.7
the Park Commission, with a term expiring 3/31/18.
(c) Confirm the appointment of Matt Mega to Position #3 on the
Pg.9
Park Commission, with a term expiring 3/31/17.
(d) Recognition of Joanne McManus for her years of service on
the Park Commission.
(3) Planning Commission,
Confirm the appointment of Dennis Martinez to Position #4 on the
Pg.11
Planning Commission, with a term expiring 3/31/19.
(4) Community- Oriented Policing Citizens Advisory Board.
Confirm the appointment of Zak Idan to Position #7 on the
Pg.15
Community- Oriented Policing Citizens Advisory Board, with a term
expiring 3/31/17.
(5) Human Services Advisory Board.
Confirm the appointment of Coletha Albert to Position #4 on the
Pg.17
Human Services Advisory Board, with a term expiring 4/30/19.
b. Proclamations:
(1) A proclamation declaring April 22, 2016 as "Earth Day."
Pg•19
(2) A proclamation declaring April 29, 2016 as "Stand Against Racism
Pg•21
Day."
3. CITIZEN
At this time, you are invited to comment on items not included on this agenda
COMMENT
(please limit your comments to five minutes per citizen). To comment
on an item listed on this agenda, please save your comments until the issue is
presented for discussion. (Refer to back of agenda page for additional information.)
(continued...)
REGULAR MEETING
Monday, April 18, 2016
Page 2
4. CONSENT
a. Approval of Minutes: 3/21/16 (Regular); 4/4/16 (Regular)
AGENDA
b. Approval of Vouchers
c. Authorize the Mayor to sign the grant award documents for the
Pg.23
Duwamish Hill Preserve from 4Culture in the amount of $200,000.
[Reviewed and forwarded to Consent by the Community Affairs and
Parks Committee on 4111116.]
d. Authorize the Mayor to sign an agreement with MMS Consultants, Inc.
Pg.63
(formerly Habannini, LLC) to operate Billy Baroo's restaurant at Foster
Golf Links for a period of 7 years. [Reviewed and forwarded to
Consent by the Community Affairs and Parks Committee on 4111116.]
5. UNFINISHED
BUSINESS
6. NEW BUSINESS
7. REPORTS
a. Mayor
b. City Council
c. Staff - City Administrator Report
Pg.107
d. City Attorney
e. Intergovernmental
8. MISCELLANEOUS
9. EXECUTIVE SESSION
10. ADJOURNMENT
Tukwila City Hall is ADA accessible.
Reasonable accommodations are available at public hearings with advance notice to the
City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This agenda is available at
www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio /video taped (available at www.tukwilawa.gov)
HOW TO TESTIFY
If you would like to address the Council, please go to the podium and state your name and address clearly for
the record. Please observe the basic rules of courtesy when speaking and limit your comments to 5 minutes.
The Council appreciates hearing from citizens but may not be able to take immediate action on comments
received until they are referred to a Committee or discussed under New Business.
CITIZEN COMMENTS
At each Council meeting, citizens are given the opportunity to address the Council on items that are not
included on the agenda during CITIZEN COMMENTS. Please limit your comments to 5 minutes.
SPECIAL MEETINGS /EXECUTIVE SESSIONS
Special Meetings may be called at any time with proper public notice. Procedures followed are the same as
those used in Regular Council meetings.
Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel
matters as prescribed by law. Executive Sessions are not open to the public.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action on matters affecting the public
interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the
Tukwila Municipal Code states the following guidelines for Public Hearings:
The proponent shall speak first and is allowed 15 minutes for a presentation.
2. The opponent is then allowed 15 minutes to make a presentation.
3. Each side is then allowed 5 minutes for rebuttal.
4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second
time until everyone wishing to speak has spoken.
5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the
question, but may not engage in further debate at that time.
6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss
the issue among themselves, or defer the discussion to a future Council meeting, without further public
testimony. Council action may only be taken during Regular or Special Meetings.
COUNCIL MEETING SCHEDULE
No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given.
Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council
Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. and Special Meetings. Official
Council action in the form of formal motions, adopting of resolutions and passing of ordinances can
only be taken at Regular or Special Council meetings.
Committee of the Whole Meetings - Councilmembers are elected for a four -year term. The Council
President is elected by the Councilmembers to preside at all Committee of the Whole meetings for a
one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m.
Issues discussed there are forwarded to Regular or Special Council meetings for official action.
COUNCIL AGENDA SYNOPSIS
Meetin Date Pre ared b M is review until review
04/18/16 CT
ITEM INFORMATION
ITEMNO.
WMA
STAFF SPONSOR: MAYOR EKBERG
ORIGINAL AGENDA DATE: 04/18/16
AGENDA ITEM TITLE Appointments and reappointments to the Library Advisory Board, Park Commission
and Planning Commission
CATEGORY ❑Discussion
Mtg Date
®Motion
Mtg Date 4118116
❑Resolution
Mtg Date
E] Ordinance
Mtg Date
❑Bid Award
Mtg Date
❑ Public Hearin
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ® Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PIV
SPONSOR'S Library Advisory Board: Appt to Position 1
SUMMARY Park Commission: Reappt to Position 1 and Appts to Positions 2 and 3
Planning Commission: Appt to Position 4
COPCAB: Appt to Position 7
Human Services Advisory Board Appt to Position 4
REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN. Mayor's Office
COMMITTEE
COST IMPACT/ FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
04/18/16
MTG. DATE
ATTACHMENTS
04/18/16
Informational Memorandum dated 3 /16/2016
Informational Memorandum dated 4/11/2016
City of Tukwila
Allan Ekberg, Mayor
TO: CITY COUNCIL
FROM: MAYOR EKBERGCj /
DATE: MARCH 18, 2016
SUBJECT: APPOINTMENTS TO THE LIBRARY ADVISORY BOARD, PARK
COMMISSION AND PLANNING COMMISSION; REAPPOINTMENT TO THE
PARK COMMISSION
ISSUE
There are a few vacant positions on our Boards and Commissions and a position whose term
recently expired. I am recommending the appointments and reappointments as listed below:
Library Advisory Board
Position #1: This position is currently vacant. I have attached the application of Scott Kruize
for your consideration. Scott has previously served on the Park Commission and
is very interested in the community and the library system. I am recommending
he be appointed to Position #1. His term will expire on December 31, 2016.
Park Commission
Position #1: The term of Sean Albert will expire March 31, 2016 and I am recommending he
be reappointed. His new term will expire on March 31, 2019.
Position #2: This position was recently vacated by Alice Russell. I have attached the
application of Heidi Watters. Heidi has extensive experience in landscape
architecture, environmental horticulture and urban forestry. I am recommending
she be appointed to Position #2. Her term will expire March 31, 2018.
Position #3: This position was recently vacated by Joanne McManus. I have attached the
application of Matt Mega. Matt has graduate degrees in Landscape Architect and
Public Policy and he has worked in the environmental field for over 16 years with
a focus on urban land use, parks and tree canopy. I am recommending he be
appointed to Position #3. His term will expire March 31, 2017.
Planning Commission
Position #4: This position was vacated by Thomas McLeod when he was appointed to the
City Council. I have attached the application of Dennis Martinez. Dennis is active
in the community and has experience in the construction planning, scheduling
and project management that will be valuable in this position. I am
recommending he be appointed to Position #4. His term will expire March 31,
2019.
RECOMMENDATION
I am recommending the appointments /reappointment as listed above take place at the April 18,
2016 Council Meeting.
0
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City of Tukwila
Tukwila City Hall
6200 Southcenter Blvd
Tukwila, WA 98188
Phone: (206) 433-1800 Fax: (206) 433-1833
Application f(
BOARDS AND
RECEIVED
FEB 19 2016
ME
Email: BoardsCommsatukwilawa.gov
Website: www.tukwilawa.go
r Appointment
COMMISSIONS
Please complete the ENTIRE application form. Applicants may attach a cover letter and/or a resume
totaling no more than three pages. DATE:
NAME: 12.F—
Last
M-9101I&S
Street
MAILING ADDRESS (if different):
HOME PHONE:
EMPLOYER:
First M. 1.
City Zip
CELL/MOBILE PHONE: LS
E-MAIL:
Please check all that apply to you within the City of Tukwila limits:
Resident ❑ Business Owner/Representative
❑ School District Representative ❑ High School Student
I wish to be considered for appointment to the following board or commission (check all that apply):
COMMISSIONS:
❑
Arts
❑
Civil Service
❑
Equity & Diversity
Parks
❑
Planning
BOARDS & COMMITTEES:
❑ Community Police Advisory
❑ Human Services
Library
❑ Lodging Tax
❑ Other/Special Committee:
HAVE YOU PREVIOUSLY SERVED ON ONE OF THESE BOARDS OR COMMISSIONS ? Yes ❑ No
If "yes", please list: flkp-r-:5
AVAILABLE TO ATTEND MEETINGS: 1%paytime `Evenings
Please contact me regarding other City of Tukwila volunteer opportunities (check box): ❑
FOR CITY USE ONLY:
INTERVIEW DATE:. APPOINTED: ❑ Yes 3 No TERM EX
Professional/ Community Activities (organizations, clubs, service groups, etc.);
I served Tukwila's Parks Department as a volunteer Commissioner for five years, as Chair for
two. The other Commissioners shared my concern that all the residents of Tukwila- -not just
members of this or that special interest or sports group -- should get full benefit from our fine parks
system, and that we should improve and sustain it for posterity.
I belong to the Northwest Scale Modelers, which provides the Museum of Flight with
educational displays and material. I contribute to every quarterly special display to interest and
educate guests about important aviation- related history. I produced two recently, about WW2's
`Battle of the Atlantic', and `MiG Dynasty', explaining Russian airpower from 1941 to the
present day.
I've been with local church St. Thomas Parish since I moved here in 1988, supporting it
financially, with my computer expertise, and in seasonal drives for clothing and toys for less
privileged members. I also support Catholic Community Services, whose many programs serve
Tukwila residents, as well as others in the greater Seattle area.
Hobbies /Interests:
Besides my work as computer consultant and instructor, I pursue various computer - related
functions and applications as a hobby. I ride bicycles for recreation. As noted above, I build
model airplanes (both tabletop `static display' and flying models), spacecraft, and other vehicles,
and tie these builds in with study of the history of technology.
Qualifications as related to this position: [LibraryAdvisory Board]
As noted in the first section, I've served on the Parks Commission. My work career required
working on a wide variety of tasks with a wide variety of people: from customers at bike shops,
students at two community colleges, and a wide variety of computer users, from novices to
technological sophisticates, including medical providers and company owners and managers. I
established good working rapport with all, and with other Commissioners at our meetings. I feel I
can always work with others and serve the City of Tukwila and its citizens.
Increasingly, the library system and its resources are computerized and tied into the Internet.
My Information Technology experience and expertise would be useful to the Board and library
users, such as understanding how to find, draw in, and use data from a multitude of sources.
During the last two years, especially, I've been heavily dependent on library resources and
learned a lot about the system's capabilities, a few of its weaknesses, and its enormous potential
to help all its users.
Other comments / additional information for consideration:
Politically, I owe no economic entity or pressure group nor have excessive devotion to any
political party or philosophy. Ideologically, I stick close to the middle -of -the -road.
Economically, I'm neither wealthy nor poor, having had income near the median, and now being
near - retired. I understand and identify with the economic challenges that nearly all Tukwila's
citizens face in trying to live the good life. Intellectually, I have always sought to broaden my
knowledge and expertise, and in all my work, while I've never known all the answers, I've been
able to find them.
n
Y `r City of Tukwila
Tukwila City Hall
6200 Southcenter Blvd
Tukwila, WA 98188
Phone: (206) 433 -1800 Fax: (206) 433 -1833
• • • i
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ANIMM
Website:
r Appointment
COMMISSIONS
KtL;ti Vtu
Please complete the ENTIRE application form. Applicants may attach a cover letter and /or a resume
totaling no more than three pages. 1 February 2016
DATE:
Wafters
NAME:
Last
ADDRESS:—
Street
Heidi
First
City
R
M.I.
Zip
n/a
MAILING ADDRESS (if different):
n /ate
HOME PHONE: CELUMOBILE PHONE:
self`
EMPLOYER: E -MAIL:
Please check all that apply to you within the City of Tukwila limits:
0 Resident 0 Business Owner /Representative
❑ School District Representative ❑ High School Student
I wish to be considered for appointment to the following board or commission (check all that apply):
COMMISSIONS:
❑
Arts
❑
Civil Service
❑
Equity & Diversity
0
Parks
❑
Planning
❑ Other /Special Committee:
BOARDS & COMMITTEES:
❑ Community Police Advisory
❑ Human Services
❑ Library
❑ Lodging Tax
HAVE YOU PREVIOUSLY SERVED ON ONE OF THESE BOARDS OR COMMISSIONS? 0 Yes ❑ No
Tree and Environment Committee
If "yes ", please list:
AVAILABLE TO ATTEND MEETINGS: 0 Daytime 0 Evenings
Please contact me regarding other City of Tukwila volunteer opportunities (check box): 0
FOR CITY USE ONLY:
INTERVIEW DATE: APPOINTED: ❑ Yes ❑ No TERM EXPIRES:
7
Professional /Community Activities (organizations, clubs, service groups, etc):
Founder of the twice- monthly environmental service group Stewardship Squad, started
in 2011, which partners with numerous charitable and governmental organizations to
offer work parties to families. (Including work at Codiga, Tukwila Pond Park and North
Wind's Weir.)
Monthly volunteer at the White Center Food Bank since 2011. Talk Time volunteer at
the Foster Library since 2015. Web- designer for two local educational organizations
since 2014/2015.
Hobbies /Interests:
Backpacking, hiking, cross - country skiing and generally enjoying nature with my husband and two girls in
Tukwila and the PNW.
Knitting, sewing, gardening, dancing, music, art as well as a good deal of reading- from fiction and field
guides, to poetry and newspapers. We installed a Little Free Library in our front yard last summer.
Keeping up on current events ranks high, in addition to essay writing and public service.
Member: KPLU, KUOW, KEXP, Washington Trails Association and the Northwest Avalanche Center.
Qualifications as related to this position:
Dual degrees in landscape architecture and environmental horticulture /urban forestry provide a strong
blend of scientific knowledge combined with its practical application in both natural and human - altered
environments. I have worked every stage of the landscape design process from idea conception and site
analysis to construction documents and oversight. Horticulturally, I have worked in varied environments
including both wild -lands and world -class botanic institutions; doing everything from germinating plants in
the nursery to maintaining mature plantings.
The wide variety of local and international work experience in my background confers broad fluency with
not only diverse park environments themselves, but also their governing bodies, visitors and
practicalities.
Other comments /additional information for consideration:
I have both broad and deep roots in this region. Not only was I born and raised in the greater Seattle
area, my husband whom I met in junior high and all our of large extended families were raised here as
well. Additionally he is a tribal member and Kent police officer. We have owned our nearly 100 year old
Tukwila home since 2003 and enjoy raising our children here, one of whom can make the rare assertion
that she was literally born in Tukwila! When I was a girl, my father took me to see the carpentry work he
was doing on the renovation of Foster High School. This community matters a great deal and I value
offering my time and talents in its service.
Date
City of Tukwila
Tukwila City Hall
6200 Southcenter Blvd
Tukwila, WA 98188
Phone: (206) 433-1800 Fax: (206) 433-1833
RECEIVED
Email: BoardsCommsQtukwiIawa.qov
Website: www.tukwilawa.cio
Application for Appointment
BOARDS AND COMMISSIONS
Please complete the ENTIRE application form. Applicants may attach a cover letter and/or a resume
totaling no more than three pages.
NAME: Mega
Last
ADDRESS:
Matthew
First
DATE: 2/3/2016
10
I UT
M
Street City Zip
MAILING ADDRESS (if different):
HOME PHONE: CELL/MOBILE PHONE
EMPLOYER: Forterra E-MAIL:
Please check all that apply to you within the City of Tukwila limits:
Resident ❑ Business Owner/Representative
❑ School District Representative ❑ High School Student
I wish to be considered for appointment to the following board or commission (check all that apply):
COMMISSIONS:
❑
Arts
❑
Civil Service
❑
Equity & Diversity
Parks
❑
Planning
❑ Other/Special Committee:
BOARDS & COMMITTEES:
❑ Community Police Advisory
❑ Human Services
❑ Library
❑ Lodging Tax
HAVE YOU PREVIOUSLY SERVED ON ONE OF THESE BOARDS OR COMMISSIONS? ❑ Yes [D No
If "yes", please list:
AVAILABLE TO ATTEND MEETINGS: ❑ Daytime 0 Evenings
Please contact me regarding other City of Tukwila volunteer opportunities (check box): ❑
Fen,
Matthew
10
Mega BOARDS /COMMISSIONS APPLICATION FOR APPOINTMENT
Activities (organizations, clubs, service
I have volunteered in numerous capacities over the years including:
- Volunteer with Delridge Development Association 2013
- City of Seattle Urban Forestry Commission: 2010 - 2014 (Chair 2013)
- City of Seattle Pro Parks Levy Commission 2010
- Assistant Baseball Coach for the Seattle Mariners 18 U RBI Program: 2012 — 2014
- Assistant Baseball Coach Thomas Jefferson High School 2011 — 2014
- Board Member Puget Sound Senior Baseball League (secretary): 2008 — 2011
- Seattle Audubon Finding Urban Nature 2009 school year
- Board Member Seattle Urban Nature (SUN) 2007 - 2009
Hobbies /Interests:
have many hobbies including:
- Photography
- Stained Glass
- Baseball (Playing and coaching)
- I am in the process of learning 3D printing
- I do GIS on the side as a hobby through ESRI's home GIS software program
- Hiking and Snowshoeing
Qualifications as related to this position:
Most of my professional career has been in the field of land use planning. I hold graduate degrees in
Landscape Architect and Public Policy from the University of MN (resume attached). I have worked in
the environmental non - profit field for more than 16 years, much of my work has focused on urban land
use, parks and tree canopy. In addition, my current position works to help citizens restore urban natural
areas. I recently moved to Tukwila and want to volunteer my time and give back to the community. My
residence overlooks the Star Fire complex and I frequently walk the trails along the Green River. Finally,
my most previous job was with the US Post Office delivering mail out of the Riverton Station, which
allowed me to see many areas of Tukwila. I have a pretty good grasp of the City but certainly would like
to learn more and specifically improve our community's parks.
Utner corn
Matt Mega Digitally signed by Matt Mega 2/3/2016
g Date: 2016.02.03 16:26:13 - 08'00'
Applicant's Signature Date
Note: Upon submission, all information on this form becomes public record. For further clarification regarding this application or
more information regarding the boards or commissions, please call (206) 433 -1800.
City of Tukwila
0
2905
Tukwila City Hall
6200 Southcenter Blvd
Tukwila, WA 98188
Phone: (206) 433-1800 Fax: (206) 433-1833
RMEWED
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0 in
Gemmunity
Development
Email: Boa rdsCorn ms(a-)-tukwi lawa. gov
Website: www.tukwilawa.gov
Application for Appointment
BOARDS AND COMMISSIONS
Please complete the ENTIRE application form. Applicants may attach a cover letter and/or a resume
totaling no more than three pages. DATE: January 20th, 2016
NAME: Martinez
Last
ADDRESS.
Street
Dennis
First
City
MAILING ADDRESS (if different): N/A
HOME PHONE. CELL/MOBILE PHONE:
EMPLOYER: JP Francis E-MAIL:
G.
M.I.
Please check all that apply to you within the City of Tukwila limits:
U Resident ❑ Business Owner/Representative
❑ School District Representative ❑ High School Student
HE
I wish to be considered for appointment to the following board or commission (check all that apply):
COMMISSIONS:
❑
Arts
❑
Civil Service
❑
Equity & Diversity
❑
Parks
E]
Planning
❑ Other/Special Committee:
BOARDS & COMMITTEES:
❑ Community Police Advisory
❑ Human Services
❑ Library
❑ Lodging Tax
HAVE YOU PREVIOUSLY SERVED ON ONE OF THESE BOARDS OR COMMISSIONS? ❑ Yes El No
If "yes", please Ii
AVAILABLE TO ATTEND MEETINGS: ❑ Daytime El Evenings
Please contact me regarding other City of Tukwila volunteer opportunities (check box): ❑
FOR CITY USE ONLY:
INTERVIEW DATE: APPOINTED: es ❑ No TERM EXPIRES:
11
Dennis Martinez BOARDS /COMMISSIONS APPLICATION FOR APPOINTMENT
Professional /Community Activities (organizations, clubs, service groups, etc):
United Association of Plumbers and Pipefitters 38 year member, Past union
ofFicial,Trades Mentor Program, Helmets to Hard Hat Program, Political Action
Committee Local 32 Seattle, Volunteer Trade shows to promote women /minorities to
living wage trades jobs. Volunteer Saint Thomas Catholic Church
Hobbies /Interests:
Volunteering for promote disadvantage and minorities to building trades jobs, home remodeling, classic
ar restoration, activities regarding my grandchildren in religious and sports related interest. Regularly
ttending weekly council meetings to keep informed about our city.
Qualifications as related to this position:
Project Management on large construction projects in western Washington, Labor / Management
contract negotiations dealing with labor contracts. Construction planning and scheduling, project
estimating, construction project phasing. Project forecasting and implementation, project pull planning.
Project Labor Agreement (PLA) final Trade assignments for major construction projects within the state.
Labor trade resolution mediator. Former advisor to Department of Labor and Industries apprenticeship
advisory board.
itional information for
I have lived in Tukwila since 1991 and I feel that I need to become more involved with the structural
aspects within city as I have been active in the community and the county. I am willing to commit
whatever time is necessary to the planning commission as required/ requested if appointed.
Feb 3rd, 2016
Date
Note: Upon submission, all information on this form becomes public record. For further clarification regarding this application or
more information regarding the boards or commissions, please call (206) 433 -1800.
12
City of Tukwila
Allan Ekberg, Mayor
TO: CITY COUNCIL
FROM: MAYOR EKBERG
DATE: APRIL 11, 2016
SUBJECT: APPOINTMENTS TO THE HUMAN SERVICES ADVISORY BOARD
ISSUE
There are a few vacant positions on our Boards and Commissions and a position whose term
recently expired. I am recommending the appointments and reappointments as listed below:
Community Policing Citizen Advisory Board
Position #7: This position is currently vacant. I have attached the application of Zak Idan. Zak
is very enthusiastic about supporting the Tukwila community. I am
recommending he be appointed to Position #7. His term will expire on March 31,
2017.
Human Services Advisory Board
Position #4: This position is currently vacant. I have attached the application of Coletha
Albert. Coletha has volunteered at the Tukwila School District in the past and will
be a valuable addition to the Human Services Advisory Board. I am
recommending she be appointed to Position #4. Her term will expire on April 30,
2019.
RECOMMENDATION
I am recommending the appointments as listed above take place at the April 18, 2016 Council
Meeting.
13
14
V11-4 -1L r
0A City of Tukwila
of
F
2905
Tukwila City Hall
6200 Southcenter Blvd
Tukwila, WA 98188
Phone: (206) 433-1800 Fax: (206) 433-1833
RECEIVED
Email: BoardsComms(a)tukwilawa.gov
Website: www.tukwilawa.go
Application for Appointment
BOARDS AND COMMISSIONS
Please complete the ENTIRE application form. Applicants may attach a cover letter and/or a resume
totaling no more than three pages.
NAME: Idan
Last
ADDRESS:
Street
Zak
First
City
MAILING ADDRESS (if different):
HOME PHONE: CELL/MOBILE PHONE.
EMPLOYER: E-MAIL.
DATE: 2/4/2016
A.
M.I.
Please check all that apply to you within the City of Tukwila limits:
0 Resident ❑ Business Owner/Representative
❑ School District Representative ❑ High School Student
M
I wish to be considered for appointment to the following board or commission (check all that apply):
COMMISSIONS:
❑
Arts
❑
Civil Service
❑
Equity & Diversity
❑
Parks
0
Planning
❑ Other/Special Committee:
BOARDS & COMMITTEES:
0 Community Police Advisory 4—
0 Human Services
❑ Library
❑ Lodging Tax
HAVE YOU PREVIOUSLY SERVED ON ONE OF THESE BOARDS OR COMMISSIONS? ❑ Yes 0 No
If "yes", please list:
AVAILABLE TO ATTEND MEETINGS: ❑ Daytime 0 Evenings
Please contact me regarding other City of Tukwila volunteer opportunities (check box): ❑
15
Zak Idan BOARDS /COMMISSIONS APPLICATION FOR APPOINTMENT
Professional /Community Activities (organizations, clubs, service groups, etc):
Member of Tukwila International Blvd. Action Committee (TIBAC)
Seattle- Rainer Beach Food Bank
Coach, youth soccer
Tutor, Math /English
Hobbies /Interests:
Enrichment hobbies — Educational pursuits that improve the mind.
• Foreign language study
• Reading
• Writing /blogging
• Music /musical instruments
Sports — Physical activity is a terrific way to burn stress and build health.
• Jogging /walking
• Horseback riding
• Team sports: volleyball, basketball, soccer
Social activities —
• Card games
Qualifications as related to this position:
I wish to serve on Tukwila Planning Commission as part of my civic duty. I love Tukwila and respect the
citizens. I will always promote the things that benefit the overall community. My experience is listening to
my neighbors; from the new ones who are starting families, as well as long term citizens that have
watched our city grow from farmland to the jewel that it is now. I'm open to listen to all affected by
growth, and willing to do the research necessary to make decisions for the growth of Tukwila.
My experience and qualifications for the Planning Commission include a career as Project Engineer as a
general contractor, assistant superintendent in Construction. I'm well versed in the planning process and
I'm an avid student urban planning issues. I believe I can provide a perspective that balances business
and development interests with the concerns of community residents. Lastly, I've BS in Construction
Management Engineering and minor Urban Planning.
Other comments /additional information for consideration:
Applicant's Signature
2/4/2016
Date
Note: Upon submission, all information on this form becomes public record. For further clarification regarding this application or
more information regarding the boards or commissions, please call (206) 433 -1800.
16
City of Tukwila
Tukwila City Hall
6200 Southcenter Blvd
Tukwila, WA 98188
Phone: (206) 433-1800 Fax: (206) 433-1833
MAR. 0 A3 2016
Email: Boa rdsComms6l tu kwilawa.q ov
Website: www . tukwilawa.
gov
Application for Appointment
BOARDS AND COMMISSIONS
Please complete the ENTIRE application form
totaling no more than three pages.
NAME: 11,86
Last
S:
Street
MAILING ADDRESS (if different):-,=
Applicants may attach a cover letter and/or a resume
DATE: lllc2� 1f,:157
First M.1.
41110W
Citv
Please check all tha"pply to you within the City of
Resident
❑ School District Representative
❑ Business Owner/Representative
❑ High School Student
I wish to be considered for appointment to the following board or commission (check all that apply):
COMMISSIONS:
tr
Arts
❑
Civil Service
❑
Equity & Diversity
❑
Parks
❑
Planning
611-0,ther/Special Committee: 7/
BOARDS & COMMITTEES:
❑ Community Police Advisory
Human Services
Library
❑ Lodging Tax
HAVE YOU PREVIOUSLY SERVED ON ONE OF THESE BOARDS OR COMMISSIONS? ❑ YesErfq-o,,
If "yes", please I
AVAILABLE TO ATTEND MEETINGS: ❑ Daytime M-f�venings
Please contact me regarding other City of Tukwila volunteer opportunities (check box):
IVA
BOARDS /COMMISSIONS APPLICATION FOR APPOINTMENT
vroressionaucommuntty Activities (organizations, clubs, service groups, etc):
Hobbieslinterests:
Qualifications as related to this position:
er comments /additional information for consideration:
Signature
Note: Upon submission, all information on this form becomes public record. For further clarification regarding this application or
more information regarding the boards or commissions, please call (206) 433 -1800.
i
WHEREAS, a healthy environment through recycling, waste reduction
and thoughtful use of resources is the foundation of a good society and is
critical to the future of Tukwila and the world at large; and
WHEREAS, Tukwila can help to preserve environmental integrity and
can help build a healthier society by addressing issues such as transportation
alternatives, energy usage and waste prevention; and
WHEREAS, Tukwila is a part of the Puget Sound region that prides
itself on the beauty of its landscape and clean waters; and
WHEREAS, Tukwila can help promote positive public land
management protecting its resources for the future enjoyment of its citizens;
and
WHEREAS, Earth Day offers citizens and governments alike an
opportunity to work toward building a healthier and cleaner environment;
NOW THEREFORE, I, Allan Ekberg, Mayor of the City of Tukwila, do hereby
proclaim April 22, 2016:
Earth Day
in the City of Tukwila and encourage all citizens to join me in recognizing this special
observance.
Signed this 18th day of April, 2016.
Allan Ekberg, Mayor
We
20
WHEREAS, the YWCA is committed to eliminating racism, empowering
women and promoting peace, justice, freedom and dignity for all; and
WHEREAS, on the last Friday of April each year hundreds of thousands of
people all across the United States of America gather with the YWCA to spread
awareness about the root causes of racism and encourage conversations among diverse
communities; and
WHEREAS, the City of Tukwila supports the YWCA mission and works to
eliminate racial inequity through internal practices, citywide initiatives and partnerships
with other institutions and the community; and
WHEREAS, the City of Tukwila and the YWCA believe that individuals and
whole communities must be engaged in a conversation about racism and speak out
collectively, with one voice, and pledge to stand against racism; and
WHEREAS, Tukwila residents value initiatives that will end race -based
disparities and make the world a more equitable, inclusive and dignified place for all to
live;
NOW THEREFORE, I, Allan Ekberg, Mayor of the City of Tukwila, do hereby
proclaim April 29, 2016:
Stand Against Racism Day
in the City of Tukwila and encourage all public officials, educators, businesses,
community leaders and the residents of Tukwila to observe this day and commit
themselves to stand against racism whenever and wherever it may appear.
Signed this 18`x' day of April, 2016.
46 ��<� -_ -
Allan Ekberg, Mayor
21
22
COUNCIL AGENDA SYNOPSIS
--------------------------- - - - - -- Initials
Meeting Date Prepared b y LD r� review Council review
,X
04/18/16 DJ
V
ITEM INFORMATION
ITEMNO.
4.C.
23
STAFF SPONSOR: RICK STILL
,
ORIGINAL A
�GENDA DATE: 4/18/16
AG i ?NDA I'rj m Ti,i,i,j- Grant acceptance from 4Culture for Duwamish Hill Preserve - $200,000
C,\1TIGORY F-1 Discuision
Mtg Date
Z Motion
Mt Date 4118116
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
F-1 Bid Award
Mtg Date
❑Public Hearing
Mtg Date
[:] Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ HR [:] DCD ❑ Finance ❑ Fire ❑ IT Z P&R ❑ Police ❑ PWI
SPONSOR'S Authorize the Mayor to accept a $200,000 grant from 4Culture for work to be done at
SUMMARY Duwamish Hill Preserve
Rj : v i i :Wj 31) BY ❑ cow Mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte
❑ Utilities Cmte F-1 Arts Comm. Z Parks Comm. ❑ Planning Comm.
DATE: 4/11/16 COMMITTEE CHAIR: QUINN
RECOMMENDATIONS:
SPONSOR/ADMIN. Parks and Recreation Department
COMMI'I'FEE CAP - Forward to Consent Agenda
COST IMPACT / FUND SOURCE
ExPj3ND1TURI-,'R1:,-,QLJIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
4/18/16
Informational Memorandum dated 4/4/16
4Culture Contract
Minutes from the Community Affairs and Parks Committee meeting of 8/24/15
Minutes from the Community Affairs and Parks Committee meeting of 4/11/15
23
24
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Affairs and Parks Committee
FROM: Rick Still, Parks and Recreation Director
BY: Dave Johnson, Parks and Recreation Manager
CC: Mayor Ekberg
DATE: April 4, 2016
SUBJECT: Acceptance of grant for Duwamish Hill Preserve from 4Culture for $200,000
ISSUE
Authorize acceptance of grant for Duwamish Hill Preserve from 4Culture for $200,000.
BACKGROUND
During the planning of Phase 2 construction at Duwamish Hill Preserve in 2014, we had to
reduce the original scope of work due to funding and cost estimates for the project. In 2015, an
additional funding source became available to the City by way of the Heritage Cultural Facilities
Grant program through King County 4Culture. At the August 24, 2015 CAP meeting, the
committee approved the City's grant application in the amount of $250,280. We were
successful in being awarded $200,000.
DISCUSSION
Among the items that will be covered through this funding are design, construction, and
installation of an Entrance Kiosk, Interpretive Benches (sandstone block with benchbacks),
Interpretive signs, and installation and establishment of cultural landscape area. Funding
through this grant will allow us to complete these items. We are planning to begin this work in
2016. Completion of this work will, for all intents and purposes, complete the renovation of the
site.
FINANCIAL IMPACT
There is no additional match for this grant as the match has already been met.
RECOMMENDATION
Council is being asked to forward this item to the Consent Agenda at the April 18, 2016 Regular
Meeting to authorize the Mayor to sign agreement accepting Grant award.
ATTACHMENTS
-Grant Agreement
- Minutes from Community Affairs and Parks Committee meeting of August 24, 2015
25
26
DocuSign Envelope ID: 7FA497BE -B9F9- 4275- A63F- 761A1EBD8Al2
BUILDING FOR CULTURE
GRANT INFORMATION
(TAX- EXEMPT BOND PROCEEDS)
GRANT RECIPIENT INFORMATION
City of Tukwila
Davelohnson
Tukwila Parks & Recreation Manager
12424 42nd Avenue S
Tukwila, Washington 98168
dave.johnson @tukwilawa.gov
(206) 767 -2342
PROGRAM INFORMATION
TEL 206 296.7580
FAx 206 296.8629
v/TTV 711
101 PREFONTAINE PL S
SEATTLE WA 98104
WWW.4CULTURE.ORG
Your Contract #: 115841H
K C Bonds Heritage Cultural Facilities - 300402
Ordinance #: 18181
Attached is your Contract with 4Culture for $200,000.00 for the Duwamish Hill Preserve - Puget Sound
Salish Cultural Garden project. The contract starts on 1/1/16 and remains open until the Public Benefit
is fulfilled.
For questions, contact Eric Taylor at eric.taylor @4culture.org or (206) 263 -1586.
SCOPE OF WORK
4Culture, the Cultural Development Authority of King County, will reimburse the City of Tukwila Parks
and Recreation Department for satisfactory completion of the services and requirements as specified
below, in an amount not to exceed $200,000.00, for expenses associated with the Duwamish Hill
Preserve - Puget Sound Salish Cultural Garden, described in the proposal attached to this contract.
Payment will be made available in the following manner:
PHASE 1: Architectural and engineering expenses incurred as part of the schematic design, design
development, construction document preparation and any related engineering costs, for up to
$50,000.00.
PHASE 2: Permitting, site preparation and other pre- construction costs ", including any necessary
demolition and utilities work, for up to $75,000.00.
PHASE 3: Labor and materials after the commencement of construction or renovation and the
acquisition of major FF &E items, for up to $75,000.00.
Accompanying the 4Culture invoice(s) for these expenses shall be documentation that identifies vendors
and details the work performed and dates the expenses were incurred. Such documentation shall
include, but is not limited to, proofs of purchase, work orders or receipts for purchases.
4CULTURE PAGE 1
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NOTE: ONLY "CAPITAL COSTS" are eligible for reimbursement under this contract. All funds must
support facilities and /or equipment intended for 10 year use and valued as depreciable assets, not
expensable as part of annual operations.
PUBLIC BENEFIT
4Culture is providing funds to support the City of Tukwila Parks and Recreation Department for the
Duwamish Hill Preserve - Puget Sound Salish Cultural Garden, in order to allow the Contractor to better
serve its mission and provide the citizens of King County with significant public benefit.
The City of Tukwila Parks and Recreation Department will be committed to providing public benefit
experiences for a period of no less than 10 years. During that time, the public will regularly have access
to the City of Tukwila Parks and Recreation Department facility and /or programs, and will benefit from
the following types of potential cultural opportunities:
• Regularly scheduled free or reduced fee admission to cultural resources, exhibits, or public
programs presented in the facility supported by this grant
• Regularly scheduled cultural programs produced by City of Tukwila Parks and Recreation
Department offered to King County residents and visitors at other sites
• Access to special events held at the site
• Access to educational programs held in the facility that are targeted to underserved King County
populations such as students, senior citizens, or other specific audiences
The Contractor agrees to widely publicize its public benefit exhibits, events and programs throughout
King County and to track the number of public benefit events offered and audiences served by such
programs.
GRANT RECIPIENT INSTRUCTIONS
Please electronically sign this Agreement within two weeks of receipt and return any required
enclosures. You will not be able to make changes to this Agreement. If there is an error in the
document, or if you need to request changes in your Scope of Work or other items, please contact your
Program Manager listed above.
1. SCOPE OF WORK - Please review the information, Scope of Work, and Public Benefit
sections above carefully. These explain the work you are agreeing to perform in
accordance with the application you submitted to 4Culture.
2. ENCLOSURES — Please download and complete any required enclosures listed below and
e -mail to 4Culture at attachments @4cuIture.org. Enclosures with private information
(e.g. social security numbers on a W -9) may be mailed to 4Culture, 101 Prefontaine Pl S,
Seattle, WA 98104 -2672.
a. Items to be returned at the time you sign the Agreement:
• W -9
• Certificate Of Liability Insurance or Letter of Self Insurance
• If your property is owned by an individual or for - profit business: Legal
description of real property on which Project is located
(Contact staff if you are not able to provide this information)
4CULTURE PAGE 2
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3. REQUESTING PAYMENT - Once your 4Culture contract is signed by both you and
4Culture, your new grant will be listed in your account at apply.4culture.org under the
Manage Awards section along with any prior awards. To be reimbursed for your project
expenses, follow the "Request Payment" button link next to the relevant contract and
complete the Payment Request form.
You may submit a request for either a partial payment or final payment per the Scope of
Work detailed in this contract. It is up to you to track the remaining balance in a grant.
You will not see it listed in this system. If you need that information, please contact
Debra Twersky.
Provide a brief description of the work done under this invoice and how it relates to
your facilities project, or if a final request, how the project is impacting your
organization, under the "public benefit" section of the invoice form. Provide dates that
the work took place. That information is the only narrative report you'll provide.
You must upload these required attachments for a Building For Culture invoice:
• Receipt(s) for all work done as part of this payment request that equal or
exceed the total amount you are requesting. If you have a lengthy list of
PDFs please include an excel or adding machine tape totaling the receipts
and gang together receipts whenever possible
• With your final invoice: One or two photographs of the project
• If you were asked to provide additional documents when you signed the
contract such as a W -9 Form, a Certificate of Liability naming 4Culture as
additional insured, or, for public entities, a letter of self- insurance, you
should have sent those in already.
• You may also need to provide us with a legal description of the site of your
project before we can make a payment if you are making improvements to
privately owned property. Your program manager will advise you about this
requirement.
• If your project involves rehabilitation of an historic property you will be
required to provide verification that your improvements are Grant Recipient
shall provide the 4Culture with verification that the plans and specifications
for any Project that is for historic preservation of historic landmarks meet
the requirements of any federal, state, and local authority having
jurisdiction to assist 4Culture in complying with its obligation to verify such
plans and specification to the County pursuant to Section 7.4 of the
Implementation Agreement.
Once you have submitted your Payment Request electronically, your program manager
is notified by the system — you do not need to email us. He or she will review and
approve the invoice, and we will send you a check (usually within 14 days). If any of the
forms are filled out incorrectly, we will contact you.
4CULTURE PAGE 3
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4CULTURE WILL NOT REIMBURSE YOU FOR ANY COSTS THAT ARE NOT CAPITAL COSTS.
4CULTURE LOGO —for details of the requirements for acknowledging 4Culture support,
please refer to Section II, D. of the Agreement. The 4Culture logo is available for
download in PDF, EPS, and Jpeg formats.
SIGNATURE — Follow the link in the e-mail message - you will be walked through a few
simple steps to read and sign the Agreement at DocuSign. A copy of the Agreement will
be e- mailed to you as a PDF after it has been signed by 4Culture's Executive Director.
4CULTURE PAGE 4
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BUILDING FOR CULTURE GRANT AGREEMENT
(TAX- EXEMPT BOND PROCEEDS)
This BUILDING FOR CULTURE GRANT AGREEMENT (this "Agreement ") is entered
into by THE CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY ( "4CULTURE "),
whose address is 101 Prefontaine PI S, Seattle, WA 98104 -2672 and telephone number is
(206) 296 -7580 and the Grant Recipient as named on the attached Grant Information Sheet.
Grant Recipient is an arts, cultural, heritage and preservation nonprofit organization, local public
agency or owner of designated historic structures within King County qualified to receive funds
pursuant to King County Code Sections 2.48 and 4.42 and RCW 67.28.180.
BACKGROUND
In the summer of 2015, 4Culture and King County (the "County ") established the
Building for Culture Program, a partnership to provide capital grant funding to arts, cultural,
heritage and preservation nonprofit organizations, local public agencies and owners of
designated historic structures within King County.
4Culture subsequently solicited proposals from arts, cultural, heritage and preservation
nonprofit organizations, local public agencies and owners of designated historic structures
within King County for Building for Culture grant funding to support such cultural facilities capital
projects.
The County and 4Culture entered into an Agreement for Implementation of the Building
for Culture Program, dated December 4, 2015 (the "Implementation Agreement ") formalizing the
Building for Culture Program. The Implementation Agreement designates the Building for
Culture Program projects, including the approved grant recipients and grant amounts. In the
Implementation Agreement, the County agreed to provide Bond financing for the Building for
Culture Program, the debt service for which will be paid with certain Hotel -Motel Tax Revenues.
4Culture agreed to administer the Building for Culture Program, including negotiating and
entering into grant agreements pursuant to which 4Culture will distribute Bond proceeds to grant
recipients.
To provide funds for the Building for Culture Program, the County enacted Ordinance
18180 (the "Bond Ordinance "), which authorized the issuance of the issuance and public sale of
one or more Series of limited tax general obligation bonds of the County in an aggregate original
principal amount not to exceed $29,000,000. Any Series of Bonds may be issued and sold as
either Tax - Exempt Bonds or Taxable Bonds, as determined by the County Finance Director.
The County expects to issue a Series of Tax - Exempt Bonds and a Series of Taxable Bonds on
February 23, 2016.
Grant Recipient's Project was approved for funding pursuant to the Implementation
Agreement.
Under this Agreement, Grant Recipient shall utilize grant funds for the Project to build,
maintain, expand, preserve and /or improve new and /or existing cultural facilities in King County.
The legislative authority of 4Culture has found and declared that in so doing, the Grant
Recipient will enhance access to art museums, cultural museums, heritage museums, historic
structures, and /or the performing arts for the benefit of the people of King County. The
legislative authority of 4Culture has further found and declared that such use of such grant
4CULTURE PAGE 5
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funds is consistent with the purposes set forth in RCW 67.28.180 ( "Public Benefits "). The
legislative authority of 4Culture has also further found and declared that providing funds to
Grant Recipient to reimburse Project Costs in consideration of providing the Public Benefits
hereunder constitutes a public purpose within the meaning of Article VII, Section 1 of the
Washington State Constitution for which public funds may properly be expended or advanced.
AGREEMENT
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:
I. DEFINITION OF KEY TERMS
The following capitalized terms, not otherwise expressly defined in this Agreement, shall
have the meanings assigned below.
Bonds means limited tax general obligation bonds of the County issued to provide
financing for the Building for Culture Program and to pay costs of issuing the Bonds.
Code means the federal Internal Revenue Code of 1986, as amended, together with
corresponding and applicable final, temporary or proposed regulations and revenue rulings
issued or amended with respect thereto by the United States Treasury Department or the
Internal Revenue Service.
Grant means the grant of funds to the Grant Recipient for the Project in the aggregate
amount set forth on the attached Grant Information sheet.
Hotel -Motel Tax Revenues means all of those revenues generated by the tax authorized
by RCW 67.28.180.
Project means the Grant Recipient's Building for Culture Program project identified on
the attached Grant Information Sheet and as described generally by a Project Proposal and
Budget made by the Grant Recipient, and more specifically by a final agreed upon Project
Scope of Work as drafted by 4Culture, including an identified Public Benefit.
Project Costs means Grant Recipient's actual Project Costs to the extent those costs are
(a) capital expenditures for federal income tax purposes within the meaning of Section 1.150 -
1(b) of the Code, (b) reasonable, necessary and directly used for the Project, and (c) eligible or
permitted uses of the Grant under the legislative acts of the County and 4Culture authorizing the
Building for Culture Program, including, without limitation, the Bond Ordinance and under this
Agreement. Project Costs do not include internal costs charged to the Project by Grant
Recipient or payments made to Related Parties.
Related Parties means, in reference to governmental units or 501(c)(3) organizations,
members of the same controlled group within the meaning of Section 1.150 -1(e) of the Code,
and in reference to any person that is not a governmental unit or a 501(c)(3) organization, a
related person as defined in Section 144(a)(3) of the Code.
Series or Series of Bonds means a series of Bonds issued pursuant to the Bond
Ordinance.
4CULTURE PAGE 6
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Taxable Bonds means Bonds of any series determined to be issued on a taxable basis
pursuant to the Bond Ordinance.
Tax - Exempt Bonds means Bonds of any series determined to be issued on a tax - exempt
basis pursuant to the Bond Ordinance.
II. BUILDING FOR CULTURE GRANT PROJECT SCOPE OF WORK
A. The Grant Recipient shall undertake the Project and comply with the
requirements set forth hereinafter and in the Project Scope of Work set forth in
the Grant Information sheet attached to this Agreement.
B. Funds awarded under this Agreement shall be used solely to reimburse the
Grant Recipient for Project Costs incurred expressly and solely in accordance
with the Project Proposal and Budget. Any amendment or modification to the
Project Proposal and Budget or the Project Scope of Work must be approved in
writing by 4Culture. No expenditures made prior to July 25, 2015 (60 days
before the Executive Finance Committee of the County adopted its "Official
Intent" motion concerning expenditures associated with the Building for Culture
Program bonds program on September 23, 2015) for Project Costs will be
reimbursed.
C. County Reallocation of Grant Funds. Grant Recipient acknowledges that,
pursuant to Section 6 of the Implementation Agreement, (i) if within twenty -four
(24) months following the date of issuance of the Bonds, 4Culture advises the
County that the Grant Recipient will not be able expend a sufficient amount of
reimbursable funds on its Project to enable 4Culture to reimburse Grant
Recipient for the full amount of its Grant funds within thirty -six (36) months
following the date of issuance of the Bonds or (ii) if any allocated funds remain
unexpended upon the completion or termination of a Project, then the County
may reallocate such unexpended funds to other Building for Culture Projects or
to pay, redeem or defease Bonds. In such event, and if the County elects to
reallocate such funds, this Agreement shall be modified to reduce the amount of
Grant funds available to the Project. Grant Recipient shall exercise its best
efforts in a timely manner to keep 4Culture informed as to Grant Recipient's
progress in completing the Project.
D. The Grant Recipient agrees to use any improvement acquired, constructed, or
improved and any fixed assets purchased through this Agreement to provide
Public Benefits for the term of this Agreement. Should the Grant Recipient, prior
to the expiration of this period, dissolve its operations, relocate outside of King
County or determine that it no longer needs the improvement acquired,
constructed or improved or the equipment purchased hereunder, Grant Recipient
shall notify 4Culture thereof and, upon 4Culture's request, without limiting any
remedy at law or in equity otherwise available to 4Culture, such improvements
(to the extent practicable) and such equipment shall be transferred, without
additional consideration to a King County based non - profit art, cultural or historic
organization selected by 4Culture in its sole discretion.
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E. Grant Recipient agrees to acknowledge 4Culture support in any permanent
signage produced for the Project, and all marketing and promotional materials,
websites, brochures, press releases, advertisements, signage and other related
materials during the period this Agreement is in force, either with the credit line
"this project was supported, in part, by an award from 4Culture /King County
Building for Culture Program ", and /or by the use of the 4Culture logo.
F. The Grant Recipient agrees to notify 4Culture whenever possible in advance of
any Project Public Benefit activities, ground breaking events or dedications.
G. Any Project involving construction, restoration or rehabilitation work on an historic
structure is subject to the following additional requirements:
Any rehabilitation and /or restoration project involving an historic resource
listed on the National Register of Historic Places or a local landmarks
register, or determined eligible for said registers including a resource in
process of nomination, must adhere to The Secretary of the Interior's
Standards for Treatment of Historic Properties.
2. Any rehabilitation and /or restoration project that would affect any
designated feature(s) of significance of a King County Landmark or local
landmark designated by way of an interlocal agreement for preservation
services with the County, including a contributing property located within
an historic district, must obtain a Certificate of Appropriateness (COA)
from the King County Landmarks Commission prior to obtaining a building
permit or commencing construction.
3. Any rehabilitation and /or restoration project that would affect a designated
landmark located in a jurisdiction that is a Certified Local Government
(CLG) with professional staff, must provide evidence that it has received
any formal approval required by law from a qualified design review board
prior to obtaining a building permit or commencing construction.
4. Grant Recipient shall provide the 4Culture with verification that the plans
and specifications for any Project that is for historic preservation of
historic landmarks meet the requirements of any federal, state, and local
authority having jurisdiction to assist 4Culture in complying with its
obligation to verify such plans and specification to the County pursuant to
Section 7.4 of the Implementation Agreement.
III. DURATION OF AGREEMENT
This Agreement shall commence on the date noted on the Grant Information Sheet and
shall terminate upon the later of (1) the tenth anniversary of the completion of the Project Scope
of Work and payment of the final invoice therefor or (2) the termination of the Implementation
Agreement (fifteen (15) years following the first date of issuance of any Series of Bonds, or the
longest term of any Series of Bonds, whichever is longer). This Agreement, however, may be
terminated earlier as provided in Section V hereof.
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IV. GRANT DISBURSEMENT AND METHOD OF PAYMENT
A. 4Culture shall make disbursements of Grant funds in an aggregate amount as
indicated on the Grant Information Sheet solely to reimburse the Grant Recipient
for its actual and authorized expenditures incurred in satisfactorily completing the
Project Scope of Work and otherwise fulfilling all requirements specified in this
Agreement.
B. If the approved Project Scope of Work expressly specifies distinct phases of the
Project for cost reimbursement, Grant Recipient may apply to 4Culture for
reimbursement upon completion of each such specified phase instead of waiting
until completion of the entire Project.
C. All invoices for reimbursement shall include documentation that identifies
vendors, details costs for labor and materials and specifies the equipment
purchased pursuant to this Agreement (make and model #). Such documentation
shall include, but may not be limited to, purchase orders or receipts for
purchases.
D. Accompanying the final invoice for the project, the Grant Recipient shall also
submit a brief project status report and digital images of publishable quality for
use by 4Culture to publicize the Building for Culture Program. Technical
specifications required for image files are available in the "Manage Your Award"
section of the 4Culture website.
E. All Grant disbursements are subject to site inspection and approval by 4Culture.
F. If the Grant Recipient fails to comply with any terms or conditions of this
Agreement or to provide in any manner the work or services agreed to herein,
4Culture may withhold any disbursement of Grant funds to the Grant Recipient
until 4Culture is satisfied that corrective action, as specified by 4Culture, has
been completed. This right is in addition to and not in lieu of the 4Culture right to
terminate this Agreement as provided in Section V, any other rights of 4Culture
under this Agreement and any other right or remedy available to 4Culture at law
or in equity.
V. TERMINATION OF AGREEMENT
A. If, through any cause, the Grant Recipient shall fail to fulfill, in a timely and proper
manner, its obligations under this Agreement or if the Grant Recipient shall
violate any of its covenants, agreements or stipulations of this Agreement,
4Culture may terminate this Agreement and withhold the remaining allocation.
Prior to so terminating this Agreement, 4Culture shall submit written notice to the
Grant Recipient describing such default or violation. 4Culture shall not so
terminate this Agreement if 4Culture determines that Grant Recipient has, within
twenty (20) days of the date of such notice, fully corrected such default or
violation.
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B. Reimbursement for Project Costs incurred by the Grant Recipient, and not
otherwise paid for by 4Culture prior to the effective date of a termination under
subsections B and C herein, shall be as 4Culture reasonably determines.
C. In the event of termination for cause, the Grant Recipient shall, immediately upon
4Culture's request and in addition to any and all other remedies available to
4Culture in equity or at law, return to 4Culture immediately any funds,
misappropriated or unexpended, which have been paid to the Grant Recipient by
4Culture and all equipment, personal property and trade fixtures acquired as part
of the Project Scope of Work.
VI. [RESERVED]
VII. MAINTENANCE OF RECORDS
A. The Grant Recipient shall maintain accounts and records, including personnel,
property, financial, insurance and programmatic records and other such records
as may be deemed necessary by 4Culture to ensure proper accounting for all
Grant funds and compliance with this Agreement. All such records shall
sufficiently and properly reflect all direct and indirect costs of any nature
expended and services provided in the performance of this Agreement.
B. These records shall be maintained for a period of six (6) years after termination
of this Agreement unless a longer retention period is required by law.
VIII. AUDITS AND EVALUATIONS
A. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inspection, review or audit by 4Culture,
the County and /or federal /state officials so authorized by law during the
performance of this Agreement and six (6) years after termination hereof.
B. The Grant Recipient shall provide right of access to its facilities, including by any
subcontractor to 4Culture, the County, state and /or federal agencies or officials at
all reasonable times in order to monitor and evaluate the services provided under
this Agreement. 4Culture will give advance notice to the Grant Recipient in the
case of fiscal audits to be conducted by 4Culture.
C. The Grant Recipient agrees to cooperate with 4Culture in the evaluation of the
Grant Recipient's performance under this Agreement and to make available all
information reasonably required by any such evaluation process. The results
and records of said evaluations shall be maintained and disclosed in accordance
with Chapter 42.56 RCW (Public Records Act).
IX. FUTURE SUPPORT
4Culture makes no commitment to support the services contracted for herein nor
guarantee regarding the success of the services and assumes no obligation for future support of
the Project except as expressly set forth in this Agreement.
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X. OWNERSHIP OF PROJECT
Grant Recipient and 4Culture agree and acknowledge that the real property improved
and the personal property and fixtures acquired as part of the Project are not owned by 4Culture
and 4Culture does not expect to acquire any ownership interest in or title to the capital facilities
and /or equipment constructed or purchased under this Agreement. Grant Recipient shall not
pledge or assign its rights to reimbursement hereunder to any third party for any reason,
including, without limitation, to suppliers or subcontractors as security for Grant Recipient's
obligations to such third parties.
XI. GRANT RECIPIENT IS INDEPENDENT CONTRACTOR
In providing services under this Agreement, the Grant Recipient is an independent
contractor, and shall determine the means of accomplishing the results contemplated by this
Agreement. Neither the Grant Recipient nor its officers, agents or employees are employees of
the 4Culture for any purpose. The Grant Recipient shall comply with all applicable federal and
state laws and regulations regarding employment, minimum wages and hours, and
discrimination in employment. The Grant Recipient is responsible for determining the
compensation of its employees, for payment of such compensation, and for all federal and /or
state tax, industrial insurance, and Social Security liability that may result from the performance
of and compensation for these services. The Grant Recipient and its officers, agents, and
employees shall make no claim of career service or civil service rights which may accrue to a
4Culture employee under state or local law. 4Culture assumes no responsibility for the payment
of any compensation, wages, benefits, or taxes by, or on behalf of the Grant Recipient, its
employees and /or others by reason of this Agreement. To the extent allowed by law, the Grant
Recipient shall protect, defend, indemnify and save harmless 4Culture and the County and their
respective officers, agents, and employees from and against any and all claims, costs, and /or
losses whatsoever occurring or resulting from (1) the Grant Recipient's failure to pay any such
compensation, wages, benefits, or taxes; (2) the supplying to the Grant Recipient of work,
services, materials, or supplies by Grant Recipient employees or other suppliers in connection
with or support of the performance of this Agreement. The Grant Recipient shall also defend,
indemnify, and save harmless 4Culture and the County and their respective its officers, agents,
and employees, from and against any and all claims made by Grant Recipient's employees
arising from their employment with Grant Recipient.
XII. HOLD HARMLESS AND INDEMNIFICATION
To the full extent provided by applicable law, the Grant Recipient shall protect, defend,
indemnify, and save harmless 4Culture and the County and their respective officers, employees,
and agents from any and all costs, claims, judgments, and /or awards of damages, arising out of
or in any way resulting from the acts or omissions of the Grant Recipient, its officers,
employees, and /or agents, except to the extent resulting from 4Culture's or the County's sole
negligence. If this Agreement is a "a covenant, promise, agreement or understanding in, or in
connection with or collateral to, a contract or agreement relative to the construction, alteration,
repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway,
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road, railroad, excavation, or other structure, project, development, or improvement attached to
real estate" within the meaning of RCW 4.24.225, the Grant Recipient shall so protect, defend,
indemnify, and save harmless 4Culture and the County and their respective officers, employees,
and agents only to the extent of the Grant Recipient's, its officers', employees', and /or agents'
negligence.
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The Grant Recipient agrees that its obligations under this subparagraph extend to any
claim, demand, and /or cause of action brought by or on behalf of any employees, or agents. In
the event 4Culture or the County incurs any judgment, award and /or cost arising therefrom
including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and
costs shall be recoverable from the Grant Recipient.
XIII. INSURANCE REQUIREMENTS
A. Grant Recipient shall procure, at its sole cost and expense, Commercial General
Liability insurance against claims for injuries to persons or damages to property
which may arise from, or in connection with the performance of work hereunder
by the Grant Recipient, his agents, representatives, employees, and /or
subcontractors. The costs of such insurance shall be paid by the Grant Recipient
or subcontractors. Each policy shall be written on an "Occurrence" basis.
B. Minimum Scope of Insurance shall be Insurance Services Office form number
(CG 00 01 Ed. 11 -88)— Minimum Combined Single Limit of $1,000,000 BI & PD
with a General Aggregate per project.
C. Deductibles and Self Insured Retentions
Any deductibles or self- insured retentions must be declared to, and approved by,
4Culture. The deductible and /or self- insured retention of the policies shall be the sole
responsibility of the Grant Recipient. Self- insured entities may provide a letter attesting to that
fact in lieu of a COLT.
D. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions:
General Liability Policies
a) 4Culture, its officers, employees and agents are to be covered as
primary additional insureds as respects liability arising out of
activities performed by or on behalf of the Grant Recipient in
connection with this Agreement.
b) To the extent of the Grant Recipient's negligence, the Grant
Recipient's insurance coverage shall be primary insurance as
respects 4Culture, its officers, employees, and agents. Any
insurance and /or self- insurance maintained by 4Culture, its
officers, employees, or agents shall not contribute with the Grant
Recipient's insurance or benefit the Grant Recipient in any way.
C) The Grant Recipient's insurance shall apply separately to each
insured against whom claim is made and /or lawsuit is brought,
except with respect to the limits of the insurer's liability.
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2. All Policies
a) Coverage shall not be suspended, voided, canceled, reduced in
coverage or in limits, except as reduced in aggregate by paid
claims, at any point during the life of this Agreement. No material
change, or cancellation or nonrenewal of any policy required by
this Agreement shall occur without thirty (30) days' prior written
notice to 4Culture.
E. Acceptability of Insurers
Unless otherwise approved in writing by 4Culture, insurance is to be placed with insurers
with a Best's rating of no less than A:VIII, or, if not rated with Best's, with minimum surpluses the
equivalent of Bests' surplus size VIII.
F. Verification of Coverage
4Culture, reserves the right to request that contractor submit documentation evidencing
compliance with all requirements set forth above.
XIV. CONFLICT OF INTEREST
Chapter 42.23 RCW (Code Of Ethics for Municipal Officers -- Contract Interests) is
incorporated by reference as if fully set forth herein and the Grant Recipient agrees to abide by
all the conditions of said Chapter. Failure by the Grant Recipient to comply with any
requirements of such Chapter shall be a material breach of contract.
In addition, Grant Recipient represents, warrants and covenants that no officer,
employee, or agent of 4Culture who exercises any functions or responsibilities in connection
with the planning and implementation of the Project Scope of Work funded herein, has or shall
have any beneficial interest, directly or indirectly, in this Agreement. The Grant Recipient further
represents, warrants and covenants neither it nor any other person beneficially interested in this
Agreement has offered to give or given any such officer, employee, or agent of 4Culture, directly
or indirectly, any compensation, gratuity or reward in connection with this Agreement. The
Grant Recipient shall take all appropriate steps to assure compliance with this provision.
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XV. NONDISCRIMINATION
During the performance of this Agreement, Grant Recipient agrees that it shall not
discriminate on the basis of sex, race, color, marital status, national origin, religious affiliation,
disability, sexual orientation, gender identity or expression or age except by minimum age and
retirement provisions, unless based upon a bona fide occupational qualifications.
Notwithstanding the definition of contract as set forth in K.C.C. chapter 12.19, the provisions of
that chapter and related administrative rules shall apply to this Agreement and are incorporated
herein by this reference. They are also available online at:
http: / /kingcounty.gov /operations /procurement /services /equal benefits.aspx
Grant Recipient shall comply fully with all applicable federal, state and local laws,
ordinances, executive orders and regulations that prohibit such discrimination. These laws
include, but are not limited to, chapter 49.60 RCW, and Titles VI and VII of the Civil Rights Act
of 1964. Any violation of this provision shall be considered a default of this Agreement and shall
be grounds for cancellation, termination, or suspension, in whole or in part, of this Agreement
and may result in ineligibility for further agreements with the County and /or 4Culture.
The Grant Recipient shall maintain, until 12 months after completion of all work under
this Agreement, all written quotes, bids, estimates or proposals submitted to the Grant Recipient
by all businesses seeking to participate in this Agreement. The Grant Recipient shall make
such documents available to the 4Culture for inspection and copying upon request.
XVI. TAX COVENANTS OF GRANT RECIPIENT
Grant Recipient acknowledges that the Grant will be funded from the proceeds of Tax
Exempt Bonds and that the uses of the Grant proceeds and the Project by Grant Recipient may
impact the continued tax - exempt status of the Tax Exempt Bonds. Grant Recipient agrees take
any and all actions reasonably requested by 4Culture or the County necessary to prevent
interest on any Tax - Exempt Bonds from being included in gross income for federal income tax
purposes. Grant Recipient further agrees that it will neither take any action nor make or permit
any use of Grant funds or other (or of any other funds that may be deemed to be proceeds of
such Tax - Exempt Bonds pursuant to Section 148 of the Code), at any time during the term
thereof, that will cause interest on such Tax - Exempt Bonds to be included in gross income for
federal income tax purposes.
XVII. ADDITIONAL COVENANTS OF GRANT RECIPIENT
Grant Recipient covenants as follows:
A. Compliance with Laws. Grant Recipient shall comply with all applicable laws,
rules, regulations and orders of any court or governmental authority that relate to
this Agreement or the Project. These laws, rules, regulations and orders are
incorporated by reference in this Agreement to the extent required by law.
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B. Real Property. Legal title to all real property financed with the Grant shall be
owned in fee simple by Grant Recipient, or under a lease the term of which is at
least as long as the term of this Agreement, in either case free and clear of all
encumbrances other than minor encumbrances, except as expressly approved in
writing by 4Culture. Grant Recipient shall maintain a standard form of title
insurance policy for the value of the purchase price of the property, and where
appropriate will purchase endorsements to that policy in amounts to cover
improvements. Where Grant Recipient suffers a loss that is covered by title
insurance, insurance proceeds will be paid to 4Culture, not to exceed the amount
of the Project Costs that are attributable to the real property.
C. Operation and Maintenance of the Project. Grant Recipient agrees to construct
the Project in accordance with the Project plans, specifications and budget and to
contract with competent, properly licensed and bonded contractors and
professionals in accordance with all applicable federal, state and local laws
regulating construction of the Project. Grant Recipient agrees to have plans and
specifications for the Project prepared by a licensed architect or licensed
engineer unless expressly approved otherwise in writing by 4Culture. Grant
Recipient shall operate and maintain the Project in good repair and operating
condition so as to preserve the Public Benefits of the Project, including making all
necessary and proper repairs, replacements, additions, and improvements.
D. Sales, Leases and Encumbrances. During the term of this agreement, Grant
Recipient shall not sell, transfer, encumber, lease or otherwise dispose of any
property the payment for which Grant Recipient receives reimbursement
hereunder as a Project Cost, unless 4Culture has granted it prior, written
consent. Any such sale, lease, exchange, transfer or other disposition of any
substantial portion of or interest in the Project shall be subject to assignment of
Grant Recipient's obligations with respect to the Project as provided in this
Agreement. The assignee shall be subject to 4Culture's prior written approval,
which shall not be unreasonably withheld. It shall not be unreasonable for
4Culture to withhold such approval if the proposed assignee fails to demonstrate
to the reasonable satisfaction of 4Culture that it possesses the financial
resources and operational experience necessary to undertake the Project in
accordance with the Agreement and to satisfy the indemnification obligations to
be assumed under the Agreement by such assignee. Such assignment also
shall be in form acceptable to 4Culture in its reasonable discretion. In the case
of sale, lease, exchange, transfer or other disposition of any substantial portion of
or interest in the Project to an assignee not approved by 4Culture, or pursuant to
an assignment the form of which 4Culture has not approved, Grant Recipient
shall, within 30 days of receipt of any proceeds from such disposition, pay such
proceeds to 4Culture, not to exceed the amount of the Project Costs previously
reimbursed hereunder that is attributable to the property, unless 4Culture agrees
otherwise in writing.
E. Condemnation Proceeds. If the Project or any portion is condemned, within 30
days of receipt of any condemnation proceeds, Grant Recipient shall pay such
proceeds to 4Culture, not to exceed the amount of the Project Costs previously
reimbursed hereunder that is attributable to the property unless 4Culture agrees
otherwise in writing.
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F. Covenants Run with the Land. 4Culture and Grant Recipient acknowledge that
the covenants and promises of Grant Recipient hereunder "touch and concern"
Grant Recipient's real property on which the Project will be implemented as more
fully described in the Project Scope of Work and that 4Culture and Grant
Recipient intend that these covenants and promises run with the land and will
bind Grant Recipient's successors and assigns.
XVIII. GENERAL
A. MODIFICATIONS. No modification or amendment of this Agreement shall be
valid unless made in writing and signed by the parties hereto.
B. NO WAIVERS. 4Culture's failure to insist upon the strict performance of any
provision of this Agreement or to exercise any right based upon a breach thereof
or the acceptance of any performance during such breach shall not constitute a
waiver of any right under this Agreement.
C. SEVERABILITY. In the event any term or condition of this Agreement or
application thereof to any person or circumstances is held invalid, such invalidity
shall not affect other terms, conditions, or applications of this Agreement that can
be given effect without the invalid term, condition, or application. To this end the
terms and conditions of this Agreement are declared severable.
D. ENTIRE AGREEMENT. This Agreement contains the entire agreement and
understanding of the Parties with respect to the subject matter hereof, and
supersedes all prior and contemporaneous oral and written understandings,
agreements, or other undertakings between the Parties.
E. ATTORNEYS' FEES; EXPENSES. Grant Recipient agrees to pay upon demand
all of 4Culture's costs and expenses, including attorneys' fees and 4Culture's
legal expenses, incurred in connection with the enforcement of this Agreement.
4Culture may pay someone else to help enforce this Agreement, and Grant
Recipient shall pay the costs and expenses of such enforcement. Costs and
expenses include 4Culture's attorneys' fees and legal expenses whether or not
there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy
proceedings (and including efforts to modify or vacate any automatic stay or
injunction), appeals, and any anticipated post - judgment collection services.
Grant Recipient also shall pay all court costs and such additional fees as may be
directed by the court.
F. NO COUNTY LIABILITY FOR 4CULTURE LIABILITIES. 4Culture is organized
pursuant to County Ordinance 14482 and RCW 35.21.730, et sec l. RCW
35.21.750 provides as follows: "[All] liabilities incurred by such public
corporation, commission, or authority shall be satisfied exclusively from the
assets and properties of such public corporation, commission or authority and no
creditor or other person shall have any right of action against the city, town, or
county creating such corporation, commission, or authority on account of any
debts, obligations, or liabilities of such public corporation, commission, or
authority."
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G. BINDING ON SUCCESSORS AND ASSIGNS; MEMORANDUM OF
AGREEMENT. This Agreement shall be binding upon the successors and
assigns of Grant Recipient. In 4Culture's discretion, prior to the disbursement of
grant funds hereunder, the parties will execute, acknowledge and record with the
King County Recorder a memorandum of this Agreement in a form approved by
each party, which approval shall not be unreasonably delayed, conditioned or
withheld.
H. NOTICES. Any notice, consent, demand, or other communication hereunder
shall be in writing and shall be deemed to have been given if delivered in person
or deposited in any United States Postal Service mailbox, sent by registered or
certified mail, return receipt requested and first -class postage prepaid, addressed
to the Party for whom it is intended as indicated on the Grant Information Sheet
(as may be changed by written notice to the other Party pursuant to this
provision):
INTERPRETATION. The section and subsection captions in this Agreement are
for convenience only and shall not control or affect the meaning or construction
of any provision of this Agreement.
TIME. Time is of the essence with respect to the performance of all obligations
of this Agreement.
K. GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. The venue of any suit or
arbitration arising under this Agreement shall be in King County, Washington and
if a lawsuit, in King County Superior Court.
L. THIRD PARTIES. Except as expressly provided herein, nothing in this
Agreement shall be construed to permit anyone other than the Parties hereto and
their successors and assigns to rely upon the covenants and agreements herein
contained nor to give any such third party a cause of action (as a third -party
beneficiary or otherwise) on account of any nonperformance hereunder.
M. SURVIVAL. The terms and conditions of Sections I,II.D, VII, VIII, XI, XII, XIII, ,
XIV, XV, XVI and XVIII shall survive the termination of this Agreement and shall
be continuing obligations of the parties.
4CULTURE:
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GRANT RECIPIENT:
Enter Your Name
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2015 Heritage Cultural Facilities
City of'Tukwila Parks and Recreation Department
Address WeAbsbe
12424 42nd Ave S
Tukwila
Washington Email
98168
Shipping Address
12424 42nd Ave S
Tukwila
Washington
98108
Phone
(2O6)7b7-2j42
Fax
(3O5)707-2341
Revenue last fiscal year
$2,373,049
Revenue 2nd to last fiscal year
$2,210,778
King County Council District #
WA State Legislative District #
11
Date Incorporated
Oh/2J/19O0
Federal Tax %D
9z-500z915
WA State WBI#
Organization Director
Director of Parks and Recreation, Mr. Rick Still
Is the Organization Director the primary contact for this application?
No
Director Email
rick.sU||@tukwi|awa.Qov
Director Phone
(2U6)767-2344
Mission
The mission of the Parks and Recreation Department is to enhance the quality of life for residents,
businesses and visitors through quality recreational opportunities, services, and facilities; and to serve as
a steward for recreational and historical properties.
Project Title
Duwmnoish Hill Preserve - Puget Sound Sa|ishCultural Garden
Short Project Description
Complete installation of Puget Sound Sa|ish Cultural Garden, exhibiting and interpreting native plants of
King County used for traditional foods, crafts and other cultural practices.
Project Discipline(s)
Heritage Interpretation
000u8ign Envelope ID: 7Fx487oE-o9F9-4n75f\63F-781A1Eao8xIu
Amount Requested
$250,280
Total Project Budget
$2,544,480
Venue Address
Duwam|shmU Preserve
3800 115th Street
Tukwila
Washington
98168
Project Venue Notes mrComments
own
King County Council District #
WA State Legislative Dietrict#
11
Contact Person
Tukwila Parks &Recreation Manager, Mr. Dave Johnson
Contact Phone
(206) 767-2308
Contact Email
dave.johnson@tukwi|avva.gov
Project Description
Describe the project for which you are seeking funds within the context of your organization's history, mission and goals.
Make a case for why this project, o, completing this phase cva project, ima priority for your organization at this time. zrthe
project involves raommuvn nr rehabilitation vra designated historic property, describe how the nrvppsru vvvr* complies
with the ann|/c^me Secretary vr Interior's Standards for the Treatment ^r Historic Properties urlocal ucs/on ,cv/em'
guidelines. vve suggest you use about zmowords.
The City of Tukwila requests $250,280 to support completion of our 3.3 acre Puget Sound 5a|ish Cultural
Garden at the Ouwanoish Hill Preserve.
BACKGROUND: Duwarnish Hill Preserve is a 10.5 acre property that includes 40 million year old rock
outcroppings, unique native plant communities, and 600 feet of shoreline on the Duwamish River. The
Hill's summit offers territorial views of Mt. Rainier, the Duwannish Valley and the downtown Seattle
skyline. The City of Tukwila, Forterra (formerly Cascade Land Conservancy) and the Friends of the Hill
(volunteer neighborhood group) began working together in 2001 to protect the property when the then-
owner proposed to develop it. Culturally significant for its association with Puget Sound 5a|ish
(Lushootseed) oral traditions, the Hill is a key location in the stories known as the "Epic of the Winds." In
2004, Forterra and the City acquired the initial 8.6-acre upland parce|, and in 2012 project partners
purchased the adjacent 1.9-acre Oat parcel. Protection of this cultural property has created one of King
County's few public open space properties that interprets Native American heritage. The City owns and
manages the Preserve; Forterna retains a stewardship easement and is actively involved in restoration
In consultation with the Muck|eshootand DuwamishThbes, during 2005-00 project partners undertook
Phase 1 restoration on the upland portion of the property, which opened to the public in 2010, following
completion of trails, viewpoints, an outdoor classroom, and landscape restoration, The first school field
trips took place in 2010-11, and hundreds ofvolunteers have worked to remove invasive species and
debris, and to plant and monitor native plants in several habitat areas. Eight original artworks
(interpretive benches) depicting the property's cultural and natural heritage were installed in 2011, and
have become icons of the Preserve. In 2011, the Preserve received the King County Executive's Historic
onnuGign Envelope ID: 7F^49resc9r8-4u7n+63p-7a1x1Baoax1z
Preservation Award for Excellence in Restoration.
CURRENT WORK (Phase 2): The flat northwestern 3.3 acres of the Preserve are now being transformed
into a cultural landscape showcasing five distinct lowland habitat areas - wetland, meadow, prairie,
savannah, and woodland - based on the communities ofnative plants having traditional cultural uses not
only for ancestors of the region's indigenous people, but also for contemporary tribal members and
others interested in traditional cultural practices. The intent here is not to create another display garden
- with more than three acres ofrestored habitat available, plantings will be in sufficient quantities to
provide for sustainable annual harvests for basket making, preparation of traditional foods, and other
cultural purposes, in addition to opportunities for heritage interpretation and recreation.
Ecological restoration of the Phase 2 project area will feature permanent exhibits of native plants
selected in consultation with the Muck|eshVot and Duwamish Tribes and members of the Northwest
Native American Basket Weavers Association. Phase 2 will re-establish and make accessible a variety of
species with traditional cultural uses, including cedar, basket sedge, tu|es, camas, oak, beargrass,
crabapple, sa|nnonberry, and many others. Interpretive signs with English, Latin and Lushootseed plant
names will describe traditional cultural uses. A|arge-sca|e etched granite artwork "Puget Sound Sa|ish
Seasonal Round" designed by Mette Hanson will provide a focal point and central gathering place for the
Phase 2 area. Sandstone and etched metal benches located in the garden will interpret heritage themes
related to traditional ecological knowledge. Following establishment of the cultural garden, stewardship
guidelines and protocols for sustainable harvest will be developed, with the goal of making some of the
plants available for use each year, addressing a need identified by contemporary tribal members and
other cultural educators for access to traditional resources found in lowland (urbanized) areas. Education
programs about plants and Native culture will provide public benefit in exchange for the use of these
resources.
PRIORITIZATION: Fortunately, we secured two WA Heritage Capital Projects grants totaling $650,000
toward Phase 2, along with other smaller grants; unfortunately we had to start spending the state's
funds before we secured all of the funds needed for Phase 2. We sequenced work into Phase 2A
consisting primarily of earthwork, trail construction, and wetland/meadow establishment; and 2B
consisting of interpretive elements and remaining landscape exhibits. Although we had to complete the
earthwork portion first for logistical reasons, our highest priority now is to secure funds to complete
Phase 2G and open this area to the pub|ic. Funds from 4Cu|ture are specifically requested to support the
following elements ofPhase 2B: establishment of meadow and woodland landscapes, design and
fabrication of an entrance kiosk, interpretive benches (5), and interpretive signs (12). Kiosk, benches and
signs are consistent with Phase 1 interpretive fixtures which are intentionally subtle, and combine organic
and industrial materials inspired by the area's natural and cultural history.
ORGANIZATIONAL CONTEXT: The Preserve is important in the context of the Tukwila Parks & Recreation
(P&R) Department, and the City ofTuhwi|a\shistory, mission and goals for several reasons. The Hill was
an endangered cultural site that is significant to area Tribes; it is located in a diverse, low income
community that is under-served in terms of open space; there is a high level of community support and
involvement led by the Friends of the Hill; and the Tukwila School District has adopted the site as an
outdoor classroom. Tukwila P&R staff support to two citizen advisory boards, the Parks Commission and
Arts Commission, and manage more than 20 parks and community facilities, including significant
archaeological resources and public artworks.
PRESERVATION GUIDELINES: Ethnographic documentation identifies Duwamish Hill Preserve as having
the Lushootseed place name of St'qax~ or "Beaver Lodge." The Preserve is potentially eligible for National
Register listing as part of a Traditional Cultural Property district, along with three nearby related sites, a
process that the Muck|eshootTribe's cultural resources staff is leading. Restoration work at the Preserve
is consistent with the Secretary of the Interior's Guidelines for Treatment of Cultural Landscapes,
including identification of character-defining features, assessment of how the landscape has changed over
time, and preservation of historic fabric (plant material and geological features).
EEO
DocuSign Envelope ID: 7FA497BE-B9F9-4275-A63F-76lAlEBD8Al2
Project Impact
Explain why this project is a priority for your organization and what planning you have undertaken to prepare for this
project. Describe how this project will impact your organization's operations, and how it will benefit your community, King
County, unue,ser,eu areas and/or audiences. Use quantifiable numbers in describing how this project will impact your
organization's ability to interpret King County history. We suggest you use about 250 words.
PRIORITIES &PLANNING: The Preserve is our priority because it represents an outstanding opportunity
to interpret Native American heritage, and provides a touchstone for our multi-ethnic community through
its focus on traditional cultural practices. Planning began with Master Plan development (2007) and Phase
1 design (2009) with input from the Tribes, Tukwila Historical Society, local residents, and other
stakeholders. Landscape architects at SvR Design, and artist/interpretive planner Met1e Hanson,
developed the Phase 2 design with broad stakeholder input.
Phase 2 restoration is prioritized |nTukwi|a'sCapital Improvement Plan; the City contributed $750,000
toward acquisition of the West Parcel and $335,000 toward Phase 2 design. The City Council adopted a
"Walk and Ro||" pedestrian and bicycle plan, which includes a future trail along the west side of the
Preserve in the historic Interurban rail corridor, creating a multi-modal link from the existing Green River
Trail to the planned Light Rail station 1/4 mile to the north. An Education &Interpnctive Plan (2011)
guides development o[ our interpretive program and K-12 education.
OPERATIONS: Tukwila P&R operates the Preserve as part ofits park system, with a focus on
opportunities for heritage education and passive recreation. Forterra retains a Stewardship Easement
(ownership and management interest), and ensures that habitat stewardship, tribal cultural concerns,
and educational and interpretive objectives are addressed. P&R maintenance staff is responsible for the
Preserve, and Friends of the Hill work parties help with removing invasive plants, planting and monitoring
native species, and other tasks. Twice each year, the Preserve welcomes 50-100 volunteers for
Duwarnish Alive events, a major regional effort to reclaim and restore properties along the Duvvannish
River.
PROJECT IMPACT & PUBLIC BENEFIT: The primary impact of the project is to make Puget Sound Sa|ish
heritage more visible in King County. The project re-connects tribal communities with their traditional
lands, provides access to those lands, and builds relationships between contemporary tribal and non-
tribal communities.
This project directly serves the ethnically diverse, working class community of Tukwila, where 80% of
district students qualify for free or reduced-price meals, and 3796 are transitional bilingual speakers, an
indication of the population who are recent immigrants. The DuwennishVa||ey had the largest
concentration of pre-contact Native American winter villages in all of King County. The Preserve presents
an opportunity to introduce Tukw||a's(and King County's) current residents to the area's Native
American culture through traditional stories, place names, and environmental awareness, as an "outdoor
museum" interpreting these endangered aspects of local heritage.
With community involvement in Phase 2 and ongoing public access to the Phase 1 area, our project has
good momentum and visibility. With recent openings of tribal museums atTu|a|ip and Guquamish, and
cultural programs at the nearby Duwamish Longhouse, we anticipate that public interest in regional
Native American heritage will grow. The Preserve offers an opportunity for tourists and King County
residents to visit landscape that celebrates both the antiquity and the survival of Native American
cultures in our region.
In terms Vfpublic access, each year over 500,000 people access nearby P&R facilities (Stadire Sports
Park at Fort Dent, Foster Golf Course, Tukwila Community Center, and Green River Trail). Users of these
facilities will be encouraged to visit the Preserve through directional signage and promotional information.
As the cultural significance of the site becomes better known through media and educational programs,
residents and visitors who want to know more about local Native American heritage will seek out the site.
DocuSign Envelope ID: 7FA497BE-B9F9-4275-A63F-76lAlEBD8Al2
HERITAGE INTERPRETATION: Acquisition of the West Parcel more than doubled the Phase 2 project area,
greatly expanding opportunities for interpretative displays and programs related to the cultural
landscape, The link between traditional stories, Lushootsead place names and native plants isstrong in
the area surrounding the Preserve - rock outcroppings bear the names of characters in the Epic of the
Winds stories (also called North Wind and South Wind), and these characters weave baskets out of
cattails, cedar roots and other materials, to collect rain water and flood the Ouwannish River. This battle
of the winds is re-enacted annually during tempestuous spring storms when Chinook winds bring vvarnn
rains that chase away winter weather. Visitors to the Preserve have e chance to learn first-hand about
several aspects of Puget Sound 5a|ish oral tradition.
Relevant Expertise / Experience / Accomplishments
Identify relevant members of your staff, both paid and volunteer, outside consultants, design team, project manager(s),and
their respective qualifications and responsibilities. Be sure your project's key personnel reflect expertise in the project
area. vve suggest you use about z5owords.
The Preserve Management Team, comprised of City of Tukwila and ForLerra staff, Friends of the Hill, and
project consultants, has worked collaboratively for more than a decade. Phase 2 restoration will be
managed by Dave Johnson, P&R Manager. Tukwila P&R staff directed Phase 1 work at the Preserve in
partnership with Fnrterra, led the Management Team's efforts, developed budgets for the project, and
managed community outreach. In addition, a landscape architect on the Tukwila Public Works staff will
provide in-kind design services for Phase 2B planting. Fnrferra project lead HoyesSvvinney, Lands
Stewardship Director, works closely with City staff, and has been involved in several ofForterra's major
restoration efforts in King County.
Note Cormier, landscape architect at SvR Design, led the Master Plan and Phase 1 and 2 design
development processes; he recently decamped out of state but his colleagues Jennifer Lathrop and Justin
Martin are ably providing construction administration and design oversight. Artist and interpretive planner
Mette Hanson (known for her work for Forterra, Is|andvvond, and Woodland Park Zoo) created eight stone
and metal interpretive benches for Phase 1 conveying natural and cultural history themes, and she will
design five more for Phase 2. She also designed the Seasonal Round gathering place, and will design and
oversee construction of the kiosk and interpretive signs. Cultural resources consultant Holly Taylor
developed the Education & Interpretive Plan for the Preserve, and assists with tribal consultation,
development ofheritage interpretive content, and fund raising.
Other members of the Management Team include landscape architect Brooke Alford (Friend of the Hill,
Watershed Steward and Tukwila Planning Commissioner); and Sean Albert (Friend of the Hill and Tukwila
Parks Commissioner), who lead volunteer recruitment and community engagement, and serve as
neighborhood advisors.
Project Implementation
Clearly state your project's timeline and priorities. Explain how you expect this project toue implemented. Summarize m
simple language the work that will ue completed with 4Cv/umre funding. Identify other funding sources, cash and in'mnu,to
demonstrate community support for this project. If you have a long-term, complex project, describe the "big picture" project
and timeline for completion, along with specifics about the phase for which funding /s requested. vxe suggest you use about
250 words.
After acquiring the West Parcel in 2012, we undertook a series of planning studies on the Phase 3 project
area in 2O1] 14, completed design development in early 2O15 and began Phase 2A construction in July
2015. We are prepared to commence with Phase 2B work as soon as funding is available.
Our project budget highlights the elements for which we are requesting 4Cu|tunafunding, and presents
them in priority order: (1) design work on the kiosk, benches, and signs; (2) installation and
establishment of remaining cultural landscape areas; (3) entrance kiosk (plus permits); (4) interpretive
benches; (5) interpretive signs. It would be efficient and preferable to proceed with all of these tasks in
DocuSign Envelope ID: 7FA497BE-B9F9-4275-A63F-76lAlEBD8Al2
early 2016 so that we can open the completed Phase 2 area to the public by summer 2U16 without
delay; however, it would be possible to proceed sequentially as funding is secured. The management
team deferred one element ofPhase 2, construction of program shelter, until nnid-2016, after
earthwork and plantings are completed and the area is open to the public, so that sight lines and visitor
habits (including use of formal and informal trails, and experiences of visiting K-12 dasses) can be taken
into account in finalizing the shelter's location and proceeding with design.
4Cubure's support for this project provides tangible recognition of the cultural value of the Preserve.
Unlike museums which collect and interpret artifacts, with this project the landscape itself is a cunsted
artifact, and the "exhibits" are living examples of restored native plant communities, with interpretation
focused on the traditional cultural uses ofthese resources by Puget Sound Sm|ish people.
Forhena hosts the Preserve's web site www.duwamidlhiU.org (also linked from Tukwila P&R) which will be
expanded in the coming year to include educational and interpretive resources. In addition to web
posting, project publicity is sent to area media including the Seattle Times, community newspapers in
Buricn, Renton and West Seattle, and the Tukwila b|og. We also contribute articles to the City of
Tukwi|a's newsletter and Fortorna'squorter|y magazine (online and print). Project information is also
shared with the Green Ouvvamish Watershed Alliance and the Duwonnish River Cleanup Coalition which
seek to promote public interest in the river. We are delighted that the Preserve was featured in this
year's Duvvarnish Revealed project, and has hosted regional gatherings of educators for storytelling and
programs about the Duvvannish River Valley.
ln terms of the "big picture" of the Duwamish Hill Preserve project, initial acquisition was completed in
2004 for $998,700| Phase 1 was completed in 2010 for $825,000; and project partners raised another
$1,050,000 to acquire the West Parcel in 2012. Funding for acquisition, planning, and Phase 1 and 2
design and construction has been provided by multiple grants from at least ten different public agencies;
adozen corporate, tribal and foundation [undera; and many individual donors who gave either money or
time. We appreciate 4Cu|ture's support for every step of this project, including most recently for
acquisition of the West Parcel ($50,000) and archaeological survey ($13,600). We are proud that the
Preserve's cultural and natural resource values are reflected in the broad support from both
environmental and heritage funders.
Externally Hosted Work Samples
DocuSign Envelope ID: 7FA497BE -B9F9- 4275- A63F- 761A1EBD8Al2
4CULTURE 2015 FACILITIES PROJECT BUDGET
APPLICANT:
Check if
Confirmed
INCOME
City of Tukwila Park & Rec Dept
Cash Income In -Kind
GOVERNMENT: (identify)
City of Tukwila- Acquisition ✓
City of Tukwila -Des & Const
✓
City of Tukwila- public works
✓
CONSTRUCTION:
Pre-planning stu ies M.
City of Tukwila -PR maint.staff
2A gathering place artwork
KC Conservation Futures
Phase 213 installation (2016)
WA Heritage Cap Proj 2011 -13
✓
WA Heritage Cap Proj 2013 -15
✓
1
King Conservation District
✓
PROJECT MGINT:..
WA Recreation & Conservation
FURNITURE, FIXTURES "& EQUIPMENT: `.
Three-sided entrance kiosk $20,550
Five Stan stone enc oc s
Etched metal m r. benc7 =acs
FOUNDATIONS: (Identify)
Muckieshoot Charity Program
etched metal in erp. signs
$1 t'ibul
SOFT COSTS:,
horeline, bldg permits (03s_Rj $6,157
LANDIBUILDI,NG ACQUISITION:r;, ,
West Parcel acquisition,
FIJJANCING:I ,
FUNDRAISING..,.'
BUSINESS ICORPORATIONS::'(identify)
-
Fowler Construction
✓
Archaeology monitoring, contra
INDIVIDUALS: -
Work parties: Friends& DA
$19,20
OTHER: (Describe),,
4C HCF 2011 - acquisition
$50,000
4C HCF 2 1 -ar aeo ogy
✓
4CULTURE SUPPORT:
Cultural Facilities 2015 $250,280
TOTALS:
tsul
$121,15M
GRAND TOTAL INCOME:
$2,544,480
CASH + IN -KIND TOTAL
53
EXPENSE
`
Cash Expense
In -Kind
DESIGN :;.
vR Landscape Arch + subs
ette anson es prol.mgmt
CONSTRUCTION:
Pre-planning stu ies M.
Phase 2A (currently underway)
2A gathering place artwork
Phase 213 installation (2016)
Friends of the Hill work parties
Program shelter
$75,000
1
PROJECT MGINT:..
City of Tukwila staff
FURNITURE, FIXTURES "& EQUIPMENT: `.
Three-sided entrance kiosk $20,550
Five Stan stone enc oc s
Etched metal m r. benc7 =acs
etched metal in erp. signs
$1 t'ibul
SOFT COSTS:,
horeline, bldg permits (03s_Rj $6,157
LANDIBUILDI,NG ACQUISITION:r;, ,
West Parcel acquisition,
FIJJANCING:I ,
FUNDRAISING..,.'
OTHER:
Archaeology monitoring, contra
GRAND TOTAL EXPENSE:
$2,544,480
CASH + IWKIND TOTAL
53
DocuSign Envelope ID: 7FA497BE -B9F9- 4275- A63F- 761A1EBDBA12
4CULTURE 2015 FACILITIES PROJECT BUDGET
PROJECT BUDGET NOTES: City of Tukwila Parks and Recreation Department
Use the space below to add any additional information you feel is necessary to explain a category or line item
[INCOME] government funding: all cash income is confirmed and committed to Phase 2 except WA Recreation & Conservation Office, which will be
requested for next year, along with the Muckleshoot grant, for the (deferred) program shelter.
In -kind City staff: P &R Director 4hrs /mo x 24 mo.; P &R mgr 60 hrs /mo. (2015 major construction), 20 hrs /mo (2016); P &R dep.& admin assist each
10hrs /mo. Staff serve as project managers for contracting & construction, supervise field staff on cap project, grant admin.
Other staff in -kind is targeted construction tasks that maintenance staff can efficiently perform (fence removal, irrigation installation), and
supplemental design tasks. In -kind work parties: Friends of the Hill avg. 15 people x 3 hrs x 4 per year x $20 /hr = $3,600 per year;
Duwamish Alive events at least 50 people x 3 hrs x 2 per year x $20 /hr = $6,000 per year. All in -kind is 2015 -2016.
[EXPENSES] design: SvR fee = City CIP funds; Mette's Phase 26 fee (structures design, content, graphics, fabrication oversight) $5,000 for entrance
kiosk, $16,000 for benches; Mette's work on Phase 2A Seasonal Round artwork & interp. sign design included in SvR fee.
Preplanning studies = King Conservation District (hydrology, soil, topography, crew time) and 4Culture funds (archaeological survey)
Construction phase 2A and gathering place artwork = WA HCP funding; work is currently underway and includes major excavation to remove &
relocate up to 6 feet of fill in wetland areas, plus trails, soil prep, some planting, irrigation, erosion control, etc.
Construction phase 26 installation combines conservation crew days & volunteers, reducing costs by $140,000 compared to commercial bid;
installation includes plants, crew time, soil prep, establishment for woodland (dry /wet buffer, forest, shrub areas), meadow area
Program shelter: this element will be deferred as phase 2C, following completion of phase 2A and 2B, to that siting and design decisions can better
take into account visitor needs and habits. Any unneeded contingency funds will be applied here.
Kiosk to be fabricated from peeled cedar logs, with custom metal armature, in keeping with Phase 1 design aesthetic which combined organic and
industrial materials (materials $5,750; construction /installation $6,500; panel design, fabrication, installation $8,300)
Interpretive benches made from blocks of Wilkeson sandstone (similar to what was quarried in Tukwila ca. 1900) w /etched metal artwork on
traditional ecological knowledge themes; design for 5 new benches is consistent w/8 benches installed on the Hill in 2010
Interpretive signs (12 free standing) incorporate Duwamish traditional basketry design, identify cultural landscape elements, describe traditional
cultural uses of plants
Permits for kiosk construction are outrageously expensive due to state shoreline management jurisdiction. We tried to negotiate a more reasonable
fee, and we got nowhere with that.
Acquisition = City REET (Real estate excise tax), King County Conservation Futures and 4Culture funding
Fundraising and cultural resource planning = City funding
54
ouuuSign Envelope ID: rrx497o 1A1EBD8xI2
2016 4CULTURE FACILITIES PROGRAM: OPERATING BUDGET FORM
YOUR ORGANIZATION NAME: Tukwila Parks and Recreation Dept.
Your fiscal year ends: 12/31
ACTUAL
ACTUAL
THIS YR
DO NOT INCLUDE ANY CAPITAL INCOME/EXPENSEI
2013
2014
2015
Operating Expenses:
3 - Administrative
4 - Education (Rec staff incl. arts & culture)
Production/Exhibition expenses
Marketing/Promotion expenses
Fundraising expenses
Education program expenses
Occupancy expenses
Travel and Transportation
Administrative expenses
SUBTOTAL
In-Kind expenses (= In-Kind income)
TOTAL OPERATING EXPENSES
375,057
445,860
333,287
1,835,721
1,927,189
1,362,240
2,210,778
2,373,049
1,695,527
2,210,778
2,373,049
1,695,527
Earned Income:
Box Office/Ad missions
Memberships
Tuition/\Norkshops
Concessions Sales/Rental
Interest & investment income
Other earned income
TOTAL EARNED INCOME
Earned income percentage
440,000
566,000
470,000.
440,000
566,000
470,000
20%
24%
28%
EARNINGS GAP
(1,770,778)
(1,807,049)
(1,225,527)
Contributed Income:
ArtsFund
Corporations
Foundations
Federal Government (NEA/NEH/IMS)
State Government
City Government
Individuals
Benefits / Galas / Guilds
In-Kind contributions (= In-Kind expenses)
Other contributed income
Transfers from reserves/endowment
TOTAL CONTRIBUTED INCOME
Contributed income percentage
GRAND TOTAL INCOME
1,77b,778
1,807,049
1,225,527
1,770,778
1,807,049
1,225,527
80%
76%
72%
2,210,778
2,373,049
1,695,527
SURPLUS (OR DEFICIT)
Depreciation (express as a negative)
SURPLUS OR (DEFICIT) after depreciation
0
0
0,
---
OT
01
0
DocuSign Envelope ID: 7FA497BE -B9F9- 4275- A63F- 761A1EBD8Al2
Tukwila Parks and Recreation Department
A note regarding the balance sheet;
As a public agency, we do not have the opportunity to allow our expenses to exceed our
income in any given year, therefore a balance sheet would simply replicate the income and
expense figures submitting in our operating budget. Based on consultation with Eric Taylor,
we have omitted the balance sheet.
56
DocuSign Envelope ID: 7FA497BE -B9F9- 4275- A63F- 761A1EBD8Al2
TUKWItA
PARKS & RECREATION
City of Tukwila Park Commission
Membership: 5 members /3 -year term
Board Type: Advisory
Liaison: Parks and Recreation Department Representative
Maior duties: Advise City officials regarding the acquisition, development, expansion and
operation of parks and recreational facilities and programs.
Appointed by Mayor, Confirmed by Council, Ord. 1018
Position
Member
Term Expires
Confirmed by Council
#1 (Resident)
Sean Albert
03/31/2016
08/03/2009
#2 (Resident)
Alice Russell
03/31/2018
12/01/2003
#3 (Resident)
Joanne McManus
03/31/2017
04/19/1999
#4 (Resident)
Michael Martin
03/31/2018
04/06/2015
#5 (Resident)
Don Scanlon
03/31/2017
04/18/2011
Student Rep.
vacant
57
DocuSign Envelope ID: 7FA497l3E -l39F9- 4275 -A63F -761 AlEl3D8Al2
CITY OF TUKWILA'S PARKS AND RECREATION DEPARTMENT - PROGRAMS AND SERVICES
The City of Tukwila's Parks and Recreation Department offers a wide range of events, programs and
activities to Tukwila's citizens and the general public. Programs are designed for people of all ages,
abilities, and incomes with a focus on providing opportunities that enhance a person's quality of life
through social, environmental, and wellness activities. In addition to programs, a variety of annual events
are held throughout the City. Events focus on providing resources, building community, and creating
opportunities for cultural enrichment.
The program areas of focus include the following:
Community Events offered throughout the year at various sites include the following:
Event
Brief Description
Annual Attendance
Pre School Aged
The Department provides a pre - school program for
800
Activities
children two and a half to four years old. Additionally,
200
1000
enrichment programs such as dance, gymnastics, and
1000
Annual Tukwila Art Show - May
group la times is offered.
Touch A Truck Event - July
Youth Programs
Youth programs target children ages five to twelve. A
800
Tukwila Kids Festival - August
wide variety of activities are offered, including before and
1500
200
after school programs, summer camp programs, arts
800
Family 4th of July Event - July
programs, sports leagues, and sport camps. Enrichment
Tukwila Heritage Festival - December
400
programs include dance martial arts and music lessons.
1200
Teen Programs
Teen Programs serve ages thirteen to eighteen. Programs
include teen late night activities, basketball leagues, teen
1500
mentoring, and enrichment programs.
Fitness /Athletics
A wide variety of fitness classes are offered - teens, adults
and Dance
and seniors all participate. Boot camp, African Dance,
25,000
Zumba, Jazzercise, Sports leagues, Women's only fitness,
open basketball and a well - established cardio/weight.
Volunteer
Opportunities to volunteer is available to all ages. Habitat
Activities
restoration activities, giving programs, and volunteer
7,000 volunteer
opportunities within programs such as teen late night or
hours annually
senior programs.
Senior Programs
Senior programs are offered to anyone over the age of 50.
Programs include active recreation opportunities such as
3,700
hiking, sports leagues, and dancing. Enrichment programs
such as painting and social programs are also offered.
Additionally a variety of services is offered, including Meals
on Wheels Foot care and other human service needs.
Community Events offered throughout the year at various sites include the following:
Event
Attendance
Attendance
Dr. Seuss Reading Event - March
800
Family Movie Nights - July and August
1500
Backyard Wildlife Festival - May
1000
Peanut Butter & Jam Concert Series -
July and August
1000
Annual Tukwila Art Show - May
700
Touch A Truck Event - July
1500
Teen Summer Kickoff Festival - June
800
Tukwila Kids Festival - August
1200
Community Kitchen Event(s) -
quarterly
200
Halloween Carnival - October
800
Family 4th of July Event - July
5000
Tukwila Heritage Festival - December
400
See You in the Park Event Series -
July and August
1200
Spirit of Giving - December
400
Tukwila Parks and Recreation partners with several organizations to provide opportunities for citizens to
experience Parks in Tukwila. Duwamish Hill Preserve is one particular park that is a site for volunteer
activities such as Duwamish Alive Events, Friends of the Hill volunteer activities, and a variety of
stewardship activities coordinated by our partners at Forterra. Duwamish Hill Preserve has also been a
part of the annual birding tour - a component of the annual Backyard Wildlife Festival.
City of Tukwila
Community Affairs and Parks Committeg
COMMUNITY AFFAIRS AND PARKS COMMITTEE - Meeting Minutes
August 24, 2O15-5:3Op.m.— Hazelnut Conference Room
PRESENT
CouDoi|nnenObere: Verna Seal, Chair; Dennis Robertson, Allan Ekberg
Staff: David Cline, Dave Johnson, Laurel Humphrey
CALL TO ORDER: Chair Seal called the meeting to order at 5:30 p.m.
|. PRESENTATIONS
0' BUSINESS AGENDA
A. 4Culture Heritage Cultural Facilities Grant Application
Parks staff is seeking Committee approval to apply for $25O.00Ofrom tha4Cultura Heritage
Cultural Facilities Grant for the Duwamish Hill Preserve. Construction of Phase 2 is approximately
5O96complete. If the application is successful, the grant funding will provide for an entrance kiosk,
ethnobotanical and wayfinding signs, bench blocks and backs, and plantings. There ionorequired
-- �� --
match from the Qty. Committee members were supportive of the pursuit of this grant. They also
discussed that it might be a good idea to review the policy requiring staff to gain Committee
approval prior to any grant submission. KJNAN|W1O[JS APPROVAL'
08. MISCELLANEOUS
Meeting adjourned at 5:36 p.m
Next meeting: Monday, September 14, 2015
Committee Chair Approval
Minutes bvlH
.1
City Council Community Affairs and Parks Committee
COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
April 11, 2016 - 5:30 p.m. - Council Chamber, City Hall
Councilmembers: De'Sean Quinn, Chair; Kathy Hougardy, Thomas
I. ANNOUNCEMENT
II. BUSINESSAGENDA
A.
B.
Staff is seeking Council a roval of a reem 'on MMS Consulting Inc., for
continued operation
cted to proximately $100,000 per year. UNANIMOUS
like to continue the relationship. Revenue to
's Rest an a l seven years. MMS has been a
good partner at Fo olf Lin d staff
the city from co on fees is e
CONSENT. FOR .TO APR 2016 REG R CONSENT AGENDA.
ill Presery
I to accept a Heritage Cultural Facilities grant from 4Culture in
construction at Duwamish Hill Preserve. Fundingwill cover
kios erpretive benches, signs, and a cultural landscape area,
ion of e site. UNANIMOUS CONSENT. FORWARD TO APRIL 18,
E N DA.
Staf I it a
t ount of $20 ,
i tion of an ent
whi l conclude r
2016 R AR CON EN
61
62
COUNCIL AGENDA SYNOPSIS
---------------------------------- Initials
Meetin
,g Date
Prepared by
M I -
Ur s review
C cil revieav
04/18/16
DJ
❑ Resolution
Mtg Date 3
y6d
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Dale
El Otbe
Mtg Date
v
SPONSOR'S Authorize the Mayor to sign extension of agreement for restaurant concessionaire at
SUMMARY Foster Golf Links with MMS Consultants, Inc.
*Exhibit E to contract updated after CAP*
RrVIF,WFID BY ❑ cow Mtg- ❑ CA&P Cmte ❑ F&S Cmte F-1 Transportation Cmte
F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 4/11/16 COMMITTEE CHAIR: QUINN
RECOMMENDATIONS:
SPONSOR/ADMIN. Parks and Recreation Department
COMMITTEE CAP - Forward to Consent Agenda
COST IMPACT / FUND SOURCE
Exi,l,"Nl-)1'1'uRl,'Rf-,',QUIRF,D AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
ITEM INFORMATION
ITEMNO.
63
STAFF SPONSOR: RICK STILL
ORIGINAL, AGENDA DATI-,": 4/18/16
AGENDA ITEM TITLE Extend agreement for restaurant concessionaire at Foster Golf Links
C,\T1-,,(,()Ry [-] Discussion
Mig Date
Z Motion
Mtg Date 4118116
❑ Resolution
Mtg Date 3
❑ Ordinance
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❑ Bid Award
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❑ Public Hearing
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El Otbe
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SPONSOR ❑ Council ❑ Mayor ❑ HR [:] DCD ❑ Finance ❑ Fire ❑ IT Z P&R [:] Police ❑ PWI
SPONSOR'S Authorize the Mayor to sign extension of agreement for restaurant concessionaire at
SUMMARY Foster Golf Links with MMS Consultants, Inc.
*Exhibit E to contract updated after CAP*
RrVIF,WFID BY ❑ cow Mtg- ❑ CA&P Cmte ❑ F&S Cmte F-1 Transportation Cmte
F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 4/11/16 COMMITTEE CHAIR: QUINN
RECOMMENDATIONS:
SPONSOR/ADMIN. Parks and Recreation Department
COMMITTEE CAP - Forward to Consent Agenda
COST IMPACT / FUND SOURCE
Exi,l,"Nl-)1'1'uRl,'Rf-,',QUIRF,D AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
4/18/16
Informational Memorandum dated 4/4/16
Concession Agreement
*Exhibit E to contract updated after CAP meeting*
Minutes from the Community Affairs and Parks Committee meeting of 4/11/16
63
m
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO:
Community Affairs and Parks Committee
FROM:
Rick Still, Parks and Recreation Director
BY:
Dave Johnson, Parks and Recreation Manager
CC:
Mayor Ekberg
DATE: April 4, 2016
SUBJECT: Agreement Extension for Restaurant Concessionaire at Foster Golf Links
ISSUE
Restaurant concession agreement at Foster Golf Links (FGL) with MMS Consultants, Inc.
BACKGROUND
In 2009, the City entered into an agreement with Habannini LLC as the concessionaire to
operate the restaurant at FGL— known as Billy Baroo's. In March 2010, the agreement was
transferred from Habannini LLC to MMS Consulting, Inc. Since that time, MMS Consulting has
continued to operate the restaurant as Billy Baroo's. The agreement is set to expire on June 1,
2016. MMS Consultants notified the City that they interested in exercising the option to extend
the agreement for an additional 7 years as outlined in the agreement.
DISCUSSION
Since MMS Consulting has assumed the agreement, they have implemented and maintained
high quality standards and service at the restaurant and have increased business. They have
been voted as the best restaurant in the area on multiple occasions, offer special events
including holiday brunches, Jazz nights, and New Year's Eve events. They also provide banquet
and event space. Based on the terms of the agreement, revenue to the City has been:
Year
Revenue
2011
$
83,215.11
2012
$
90,534.94
2013
$
94,604.08
2014
$
99,359.50
2015
$
100,174.26
MMS Consultants has been a very good partner at Foster Golf Links, and works well with the
staff to form a good relationship and a high quality experience for visitors to the course.
It is staff's recommendation to continue the relationship with MMS Consultants and extend the
agreement to operate the restaurant (Billy Baroo's) at FGL for another 7 years.
W
INFORMATIONAL MEMO
Page 2
FINANCIAL IMPACT
Based on the terms of the agreement, we forecast revenue to be approximately $100,000 per
year for the next 7 years.
RECOMMENDATION
Council is being asked to forward this item to the Consent Agenda at the April 18, 2016 Regular
Meeting to authorize the Mayor to sign agreement extension.
ATTACHMENTS
- Restaurant Concession Agreement
66 W.12016 Info Memos\ConcessionaireGolf.doc
FOSTER GOLF COURSE RESTAURANT
CONCESSION AGREEMENT
This agreement ( "Agreement ") is entered into by and between the CITY OF
TUKWILA, a municipal corporation of the State of Washington (hereinafter referred to
as the "Q!y") and MMS CONSULTANTS, INC., jointly and severally (hereinafter
referred to as "Concessionaire ").
WITNESSETH, that in consideration of the mutual promises, covenants and
agreement contained herein, the parties hereby agree as follows:
I. CONCESSION RIGHTS GRANTED
The City hereby grants to the Concessionaire for the term and upon the conditions and
provisions contained herein the exclusive restaurant, lounge, snack bar, catering, and
beverage/ snack cart concession rights at the Foster Golf Course located at 13500
Interurban Avenue, Tukwila, Washington, legally described in Exhibit B attached
hereto and incorporated herein by reference. The facilities available to the
Concessionaire to carry on all activities authorized in this Agreement shall be located
within the Club House and shall hereinafter be referred to as the "Concession Areas"
and shall include only the Restaurant, Lounge, Kitchen, Banquet Rooms, Storage,
Hallway to Banquet Rooms, Covered Patio, Patio, Interior Rest Rooms, Marketing
Office, Lobby/ Hospitality Area also known as rooms 101, 102, 104, 103, 108, 110, 111,
112, 114, 115, 116, 121,122, 129, 130,130A, and A -3 as shown on the floor plan attached
as Exhibit A attached hereto and incorporated by reference. In addition, the City grants
the Concessionaire the exclusive right to operate a beverage /snack cart on the golf
course. City reserves the right, and Concessionaire acknowledges City's right, for the
golf course pro shop to sell drip coffee, bottled or canned beverages (including water,
soda, juices, but not alcoholic beverages), prepackaged snacks and prepackaged
sandwiches incidental to the operation of the pro shop.
II. TERM OF CONCESSION AGREEMENT
This agreement shall commence on June 1, 2016 (the "Commencement Date "), and shall
expire seven (7) years from the first day of the first calendar month immediately
following the Commencement Date. Provided that Concessionaire is not then in default
of this Agreement, Concessionaire shall have right to further extend the lease for an
additional seven (7) years, provided the city and concessionaire mutually agree upon
reasonable modifications (if any) to those fees and assessments contained in Article III
of this agreement, and further agree upon any facility restorations, improvements, or
upgrades that result from the evaluation of facility conditions, potential improvements
or alterations. Notification of the Concessionaire's intent to exercise provisions for this
lease must be issued by the Concessionaire to the City by formal written notice, not
later than one hundred eighty (180) days prior to the expiration of the initial term of this
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Agreement. If the seven (7) year extension is sought, the terms of this Agreement or any
revisions thereto when mutually agreed to by the City and Concessionaire shall apply
to the additional seven (7) year period. For the term of this Agreement and any renewal
or extension, Manmohan (MM) Sharma shall be Manager of the INC. and together hold
a majority percentage interest in the INC.
rffW4U61ZVE aCOW 0 a
A. Concession Fees (defined below in Section III.G.) shall be paid to the City by the
Concessionaire as follows:
Restaurant /Lounge 6% of Gross Receipts up to $2,000,000.00
5% of Gross Receipts above $2,000,000.00
Catering /Room Rental 6% of Gross Receipts up to $500,000.00
5% of Gross Receipts above $500,000.00
Out Catering 2% of Gross Receipts
B. The payments of a percentage of Gross Receipts, as set forth above, are hereinafter
referred to as the "Percentage Fees."
C. In accordance with state law the City is charged a leasehold tax on the Percentage
Fees paid to the City at a rate of 12.84% ( "Leasehold Tax "). The Leasehold Tax is in
lieu of payment of property tax and shall be payable to the City by the
Concessionaire.
D. The term 'Gross Receipts" shall include the total amount in dollars of the actual
price charged, whether for cash or on credit, for all sales by Concessionaire for
merchandise, food, beverages, services, gift or merchandise certificates, rentals, and
all other receipts from business conducted at, in, on, about or from the Concession
Areas (including internet sales), but shall not include the following:
(a) sales of gift or merchandise certificates until converted to a sale by redemption
on the Concession Areas;
(b) any sums collected and remitted for any retail sales tax, retail excise tax or general
excise tax imposed by any duly constituted governmental authority and
separately state to and collected from customers;
(c) any exchange of goods or merchandise between the stores of Concessionaire
where such exchange of goods or merchandise is made solely for the convenient
operation of the business of Concessionaire;
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(d) any cash or credit discount, allowance or refund made upon any sale;
(e) any sales of fixtures and equipment which are not a part of Concessionaire's stock
in trade;
(f) the sales price of meals provided to employees;
(g) the portion of meals provided to customers pursuant to coupons or other
promotional programs or devices (to the extent that Concessionaire receives no
payment for the coupon or promotional programs or device);
(h) tips or gratuities paid by customers to or for the benefit of Concessionaire's
employees which are retained by Concessionaire's employees;
(i) the portion of the receipts from any vending machines or other coin- or
token - operated device that Concessionaire must remit to any third party for
providing and /or stocking said machine or device, excluding any vending
machines located inside the Pro Shop;
(j) the price charged for sales to purchasers who, by reason of canceled credit cards,
bad checks, and the like, do not pay for the same;
(k) interest, service, finance or sales carrying charges applicable to credit transactions;
(1) postage, parcel post freight, express or other delivery charges paid in connection
with any mail order sales;
(m) layaways until the sale is completed or the deposit abandoned by the customer
provided any forfeited deposits shall be reported as sales;
(n) occasional bulk sales of inventory, including damaged or aged merchandise to
commercial customers or jobbers; and
(o) insurance proceeds for damaged furniture, improvements, fixtures, equipment
and merchandise.
E. Concessionaire shall deliver to the City on or before the 15th day of each month
following the first day of operations (1) a written report for the prior calendar month
period of all Gross Receipts from concessions for such period in a form reasonably
approved by the City, and (2) payment of the Percentage Fees for such period
calculated in accordance with Section III above. If the monthly Percentage Fees
payment is not received by the 15th of each month, then the Concessionaire shall
pay a late charge of five percent (5 %) of the applicable month's Percentage Fees.
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F. The City shall own all listed food service equipment (see Exhibit E). Concessionaire
shall be responsible for all reasonably necessary maintenance, and/or repair and
replacement of equipment listed in Exhibit E for the life of the concession agreement.
. The concessionaire shall provide proof of normal and periodic maintenance for
range hood, exhaust and makeup air exchange, HVAC system and all maintenance
or work performed to any equipment listed in Exhibit E by furnishing quarterly
reports which include copies of servicing reports and invoices. At the termination of
this Agreement, Concessionaire shall return the listed food service equipment to the
City, subject to any wear and tear occasioned by the normal and customary use of
such equipment.
G. The Percentage Fees and Leasehold Tax are referred to collectively as the
"Concession Fees." All required payments of Concession Fees and the monthly
Gross Receipt reports shall be delivered to the:
Finance Director
Tukwila City Hall
6200 Southcenter Boulevard
Tukwila, WA 98188
H. Concessionaire shall deposit with City the amount of FIFTEEN THOUSAND AND
NO /100 DOLLARS ($15,000) (the "Security Deposit ") as security for
Concessionaire's compliance with its obligations under this Agreement. City shall
deposit the concessionaire security deposit in an interest - bearing account to the
benefit of the Concessionaire. During the term of this Agreement, or upon
termination, in the event of any failure of performance or other default by
Concessionaire, the City shall be entitled to have recourse to the Security Deposit for
any unpaid concession fees, damages to the Concession Area, or other City losses
arising from Concessionaire conduct. If Concessionaire has fulfilled all of its
obligations under this Agreement, City shall reimburse to Concessionaire the
Security Deposit, together with interest accrued, within fifteen (15) days following
the expiration date of the agreement, or a termination of the agreement that is not
occasioned by a failure of performance or other default by Concessionaire. Within
fifteen (15) days following a termination of the agreement that is occasioned by a
failure of performance or other default by Concessionaire, City shall reimburse to
Concessionaire any remaining balance of the Security Deposit.
IV. OPERATIONS AND SERVICE
A. The Concessionaire shall:
1. Provide the number of personnel (in Concessionaire's sole and reasonable
judgment) to adequately manage and staff the Restaurant portion of the
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Concession Areas. Personnel shall include a manager, whose principal
employment responsibility shall be the management of this Restaurant and who
shall spend a majority of his /her hours in such management capacity on site at
the Restaurant.
2. Prepare the application and assume responsibility for all costs and expenses of
the application and obtaining of a Class H license issued by the Washington State
Liquor Control Board. Concessionaire shall abide by the rules and regulations of
the Liquor Control Board relative to any such licenses. The City shall cooperate
in the application including, without limitation, executing any reasonable,
appropriate documents as "owner' of the Concession Areas that may be
required in conjunction with such application.
3. Provide complete food services, in compliance with all applicable health and
food service regulations, in and from the Restaurant for a minimum of ten (10)
consecutive hours per day during each day of golf course operations, which
include most holidays and all weekends; provided, that limited food service as
reasonably approved by the City may be provided during the period(s) when
remodeling and equipment installation is taking place. Food service shall not be
limited at any other time without prior written approval of the City. The
Concessionaire shall determine and post in a visible location which actual hours
during each day the Restaurant shall be open.
4. Keep the areas for which the Concessionaire is responsible under this Agreement
open and use them to transact business with the public daily during hours
designated by the Concessionaire. The holidays the Concession Areas may be
closed are Christmas Eve, Christmas Day, New Year's Day, and Thanksgiving
Day. Subject to the approval of the City, the Concessionaire may, upon posting a
written notice to the public of not less than one week, close the restaurant and
lounge for a reasonable period of time for repairs or remodeling as authorized,
for taking inventory, or to accommodate construction by the City of public
improvements.
5. Provide necessary advertising to publicize the Restaurant, Lounge and Banquet
Rooms and establish an advertising program acceptable to and approved by the
City's Director of Parks and Recreation Department or designee. The City shall
not unreasonably withhold its approval of an advertising program proposed by
the Concessionaire provided it is in conformance with applicable laws and
regulations, is generally accepted as advertising practices for similar business
operations, and reflects community standards.
B. The facility shall be smoke free. Designated smoking areas shall be at least 25ft from
the building.
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C. The City shall allow the Concessionaire to operate a beverage/ snack cart on the golf
course. The cart may serve and sell alcoholic beverages if authorized by State
license, food items, and sundries.
D. The Concessionaire shall establish all prices for goods and services provided by
Concessionaire in the Concession Areas, subject to the right of the City to
periodically review the price schedules for all food and beverages to ensure
competitive pricing with other golf course concessions.
E. Concessionaire may not subcontract all or any portion of the Restaurant, Lounge or
beverage cart operations.
F. All signs (entry, interior, exterior) and graphics placed upon or affixed to any of the
Concession Areas shall be subject to the prior written approval of the City, which
approval shall not be unreasonably withheld, conditioned or delayed. The
Concessionaire shall submit detailed plans and secure any needed
permits/ approvals for all exterior and interior signs. In all cases, signage shall be
consistent in size, color, lettering and theme to the clubhouse design and regular
park signage and specifications, and in accordance all governmental regulations.
G. With respect to the entry signage, including building entry and roadside signage,
the Concessionaire shall pay all related costs.
H. Concessionaire shall use reasonable, good faith efforts to communicate to and
coordinate with golf course management staff all reservations and "private'
function activities in the Concession Areas so as to avoid unreasonable conflicts with
golf course events and activities, particularly when parking limitations exist due to
tournaments, demonstrations or other similar "high use" periods. Concessionaire
shall maintain at all times readily accessible, up -to -date scheduling records
associated with the Restaurant and Banquet Rooms.
I. The following shall be excluded from the Concessionaire's operation:
1. Non -food products unless approved by the City; which approval shall not be
unreasonably withheld, conditioned or delayed;
2. Vending machines unless approved by the City, which approval shall not be
unreasonably withheld, conditioned or delayed; (provided, however, that
Concessionaire shall be allowed to install and maintain one (1) cash machine in
the clubhouse lobby and a portion of the proceeds will be payable to the City);
and
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3. Video games or gambling devices unless approved by the City, which approval
shall not be unreasonably withheld, conditioned or delayed;
V. RELATED RIGHTS
The City shall have the right at any time to establish and revise, reasonable rules and
regulations in the use of the facility, grounds, golf course, and proximate areas
provided that the City shall give thirty (30) days written notice to Concessionaire prior
to imposing or revising such rules and regulation. The rules and regulations may
include, but are not limited to, the following:
1. The minimum number of hours that the Restaurant, Lounge, and restrooms are
to be open to the public, provided that in no event shall Concessionaire be
required to operate the Restaurant or Lounge more than eight (8) hours per day.
2. General rules of conduct regarding use of the Restaurant, provided that such
rules shall be consistent with the spirit of this Agreement and the operation of a
first -class restaurant operation, and shall not materially increase Concessionaire's
operating costs.
3. The City reserves the right to use the Banquet Rooms for eight (8) events
annually, at no fee to the City for the use of the Banquet Rooms. City shall
schedule such Banquet Room events in writing with Concessionaire not less than
thirty (30) days prior to the planned event date, and scheduling shall be subject
to events scheduled by Concessionaire prior to receipt of City's scheduling
notice. City shall be required to use Concessionaire's food and beverage services
and shall pay scheduled prices for any food, beverages or services provided to
City during its use of the Banquet Rooms.
4. The City reserves the right to use the Covered Patio for eight (8) events annually,
at no fee to the City, for the promotion of the men's and women s clubs and
course tournament program. City shall schedule such Covered Patio events in
writing with Concessionaire not less than thirty (30) days prior to the planned
event date, and scheduling shall be subject to events scheduled by
Concessionaire prior to receipt of City's scheduling notice. City shall be required
to use Concessionaire's food and beverage services and shall pay scheduled
prices for any food, beverages or services provided to City during its use of the
Covered Patio.
5. The City reserves the right to use of the Banquet Area and Covered Patio for
impromptu use if no conflicting events are scheduled with Concessionaire for the
use of such areas, provided that City shall give Concessionaire as much advance
notice as possible. City shall be required to use Concessionaire's food and
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beverage services and shall pay scheduled prices for any food, beverages or
services provided to City during its use of the Banquet Area or Covered Patio.
City shall retain all rights to make reasonable improvements to the Club House
building to enhance access or use. Prior to commencing any such improvements, the
City shall give the Concessionaire not less than thirty (30) days prior written notice of
the nature and schedule of such improvements in order for Concessionaire to review
and comment on the proposed improvements. The City shall review and duly consider
the comments of the Concessionaire and other relevant information prior to making a
final decision regarding the completion of the improvements. If these additional
improvements increase the cost of the basic liability policy to the Concessionaire, the
City shall reimburse the Concessionaire for any reasonable additional cost. City shall
use best efforts to minimize disruption, construction- related dust, and to otherwise not
interfere with Concessionaire's operations in the Concession Areas. The City shall not
unreasonably interfere with access to the Premises by Concessionaire, its employees,
vendors, and customers.
VI. PRICES AND WEIGHTS
Concessionaire and its employees shall not make or permit any misrepresentation as to
kind, quality, weight or price of food, beverages or merchandise offered for sale, nor
refuse to sell the same, which have been displayed or advertised (except due to
unavailability of the particular item or running out of stock).
VII. CUSTODIAN AND SECURITY SERVICES
Concessionaire shall, at all times, keep the Concession Areas in a neat, clean, safe and
sanitary condition, and in compliance with all applicable codes. Concessionaire shall
consult with the Tukwila Police Department in order to assist in public safety for all
customers. Concessionaire shall keep the glass of all windows and doors clean and
presentable, furnish all cleaning supplies and materials needed to operate the
Concession Areas in a manner prescribed in this Agreement, and provide all necessary
janitorial services to adequately maintain Concession Areas. Concessionaire shall
provide alarmed security in the concession areas when the premises is closed.
VIII. UTILITIES
The City and Concessionaire agree to pay for utility charges consistent with Exhibit "E"
of this agreement. Generally, the Concessionaire shall pay all charges for water, sewer,
electricity, Metro utility, natural gas, garbage, and security for the following Concession
Areas: the Restaurant, Lounge, Kitchen, mechanical room (for the Concession Areas),
storage area, Banquet Rooms, Patio, Covered Patio, Interior Rest Rooms, and all sewer,
water and garbage.
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The City will be responsible for the utility charges from: the Concessionaire office
Lobby/ Hospitality, hallway to Banquet Rooms, vestibule, pro shop storage, pro shop,
cart storage, exterior rest rooms parking lot, exterior lighting. The Concessionaire shall
install and maintain at its expense, a private telephone in the Concessionaire office.
IX. CAPITAL IMPROVEMENTS
A. Concessionaire shall, prior to commencing formal planning for any facility
alterations, improvements or construction (interior or exterior), submit to the City's
Director of Parks and Recreation a concept proposal paper including preliminary
sketches of such work, including work schedule and timeline. If approved by the
Director of Parks and Recreation, the Concessionaire may then submit to the City in
writing, formal plans for alterations, improvements, and construction along with a
breakdown of costs for such improvements. Such approval by the Director of Parks
and Recreation shall not be unreasonably withheld, conditioned or delayed.
B. All plans submitted are subject to the approval of the City prior to commencement
of any alteration, improvements or construction. The City agrees to promptly review
said plans, and if the alterations, improvements, and construction are acceptable, to
promptly approve the same, and the plans as approved shall be attached to an
executed copy of this Agreement and incorporated herein. Such approval by the
City shall not be unreasonably withheld, conditioned or delayed.
C. The City's Consent may be conditioned on compliance with any applicable City and
State laws regarding procurement of the capital improvement work, and/or
working conditions on the project.
D. All work performed shall be in accordance with approved plans, and shall be
carried out in a manner that minimizes impact upon the use of golf course to the
public. Concessionaire shall be responsible for obtaining all governmental permits
and meeting all code requirements and shall submit copies of the same to the City or
its representative prior to commencing any construction on the Concession Areas.
E. The City may conduct inspections of any capital improvement work at any time to
assure itself that such work is in accordance with the plans approved by the City. In
the event any such work is not according to plans as then approved by the City,
shall send a Notice of Non - Compliance to the Concessionaire. In the event the
Concessionaire fails to make corrections within twenty (20) days after the
Concessionaire's receipt of such Notice of Non - Compliance, the City may make
whatever corrections necessary to bring such work into compliance with the plans as
approved, and shall charge the Concessionaire for all reasonable costs of such
corrective work.
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F. All alterations, improvements, and construction (excluding trade fixtures) shall
become the property of the City upon termination or expiration of this Agreement
and shall be installed solely at the Concessionaire's expense unless the City
expressly agrees in writing to contribute toward the costs thereof. Notwithstanding
any provision to the contrary contained herein, upon termination of this Agreement,
Concessionaire shall have the right to de- identify the Concession Areas by removing
all brand - identity elements such as proprietary signage, custom lighting, trade
fixtures, and personal property related to the Concessionaire's restaurant brand.
G. Concessionaire shall make capital investments into the restaurant that include a new
bar counter top, storage cabinet, shelving, banquet seating with raised floor
including new carpet at no cost to the City. All approved capital improvements
become fixtures of the restaurant.
X. MAINTENANCE
A. Concessionaire shall be responsible for all maintenance in the Concession Areas and
shall repair and replace all damage arising out of its use, or the use of its patrons, of
the concession areas, reasonable wear and tear excepted. Maintenance shall include
cleaning, refinishing and painting of the interior of the Concession Areas specifically
including the restaurant, lounge, kitchen, banquet rooms, carpet, and interior
restrooms and the exterior's covered patio, and patio areas. Concessionaire shall
maintain the Concession Areas to first class commercial facilities standards. Any
failure by the Concessionaire to maintain the Concession Areas shall be deemed a
default under the Agreement.
B. The City shall maintain the building structure (including roof, structural elements,
exterior walls, doors and windows), foundation, HVAC system (not including
kitchen range hood, exhaust and make -up air exchange and HVAC system servicing
the kitchen area), electric power lighting panels and distribution circuits, plumbing
system including plumbing fixtures, provided, that any damages or repairs which
are the result of the Concessionaire's negligent or intentional acts shall be the
responsibility of the Concessionaire. City acknowledges that it is responsible for the
construction and installation of the plumbing system, including the dishwasher
drain and any grease traps. City shall indemnify and hold harmless Concessionaire
from any cost or expense associated with the maintenance, repair, or replacement of
the dishwasher drain /plumbing system due to the City's election to construct the
dishwasher drain/ plumbing system without a grease trap.
C. The Concessionaire and City shall each have a representative attend meetings as
needed to discuss and resolve any maintenance problems or concerns.
XI. HAZARDOUS SUBSTANCES
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A. As used herein, the term "Hazardous Substance" means any hazardous, toxic, or
dangerous substance, waste, or material, which is or becomes regulated under any
federal, state, or local statute, ordinance, rule, regulation, or other law now or
hereafter in affect pertaining to environmental protection, contamination, or cleanup
(collectively, "Environmental Laws ").
B. Concessionaire shall keep upon the Concession Areas, in a location accessible to
City, on request during normal business hours, copies of all reports regarding
hazardous or toxic materials in the Concession Areas that Concessionaire has
provided to any governmental agency in the previous quarter. Concessionaire shall,
upon request and at Concessionaire's expense, provide City with a copy of any such
report as to which City requests a copy. In the event of any accident, spill, or other
incident involving hazardous or toxic matter that Concessionaire is required to
report to any governmental agency, Concessionaire shall immediately report the
same to the City and supply City with all information and reports with respect to
the same, together with Concessionaire's clean -up or remediation plan and
schedule. If such clean -up or remediation plan is not acceptable to City in City's sole
discretion, City may so notify Concessionaire and, upon 48 hours prior written
notice (or without notice if so required by an emergency) may enter on the
Concession Areas to conduct the cleanup or remediation and charge Concessionaire
the costs thereof. All information described herein shall be provided to City
regardless of any claim by Concessionaire that it is confidential or privileged,
provided that the City shall not publish or disclose the information to any third
party except as pursuant to Chapter 42.56, the Public Records Act.
C. Indemnification: Concessionaire agrees to hold harmless, protect, indemnify, and
defend City from and against any damage, loss, claim, or liability, INCLUDING
reasonable attorney's fees and costs, resulting from Concessionaire's use, disposal,
transportation, generation, and /or sale of any Hazardous Substances. The City
agrees to hold harmless, protect, indemnify, and defend Concessionaire from and
against any damage, loss, claim, or liability, including attorney's fees and costs,
resulting from (a) Hazardous Substances existing on the Concession Areas as of May
8, 2009; or (b) Hazardous Substances thereafter used, disposed of, or generated on
the Concession Areas by the City; or (c) Hazardous Substances used, disposed of, or
generated on the Concession Areas by any third party unrelated to Concessionaire.
These indemnities will survive the termination of this Agreement, whether by
expiration of the Term or otherwise.
D. Risk of Loss: All personal property of any kind or description whatsoever in the
Concession Areas shall be at the Concessionaire's sole risk, and City shall not be
liable for any damage done to, or loss of, such personal property. However,
Concessionaire is not responsible for losses or claims of stolen property during those
periods of exclusive use of these areas by the city or its employees.
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XII. TERMINATION
A. The parties may terminate this Agreement at any time by mutual execution of such
written termination agreement as may be negotiated between the parties.
B. The City may terminate this Agreement and take immediate possession of the
Concession Areas in the event that the Concessionaire shall have failed to perform
any of the covenants or conditions of this Agreement and such default or deficiency
in performance was not remedied by the Concessionaire within thirty (30) days after
receiving notice in writing stating with reasonable specificity the nature of the
default or deficiency and the City's intention to terminate if not corrected; provided,
however, that in the event of a default or deficiency that is of a nature requiring
more than 30 days to remedy, Concessionaire shall not be in default so long as
Concessionaire undertakes to remedy the default or deficiency within the 30 -day
period and thereafter diligently pursues completion of the remedy.
This paragraph shall not apply where the Concessionaire's failure to perform in a
timely manner was caused by the Concessionaire's inability to secure necessary
governmental permits, excluding licenses from the Washington State Liquor Control
Board. The Concessionaire may terminate this Concession Agreement in the event it is
unable to secure the governmental permits necessary to the use of the Concession Areas
proposed herein.
C. In addition, the City may terminate this Agreement and take immediate possession
of the Concession Areas in the event that the Concessionaire shall have been
convicted of committing or engaging in any illegal activity as a part of the
concession operations, including the willful failure to pay all taxes and required fees.
D. In the event that after termination, as provided herein, Concessionaire has not
removed its property and fixtures within the time allowed, the City may, but need
not, remove said personal property and hold it for the owners thereof, or place the
same in storage, all at the expense and risk of the owners thereof, and
Concessionaire shall reimburse the City for any expense incurred by the City in
connection with such removal and storage. The City shall have the right to sell such
stored property, without notice to Concessionaire, after it has been stored for a
period of thirty (30) days or more. The proceeds of such sale shall be applied first to
the cost of such sale, second to the payment of the charges for storage, and the third
to the payment of any other amounts which may then be due from Concessionaire to
the City, and the balance, if any, shall be paid to the Concessionaire.
Notwithstanding any provision to the contrary contained herein, City's and
Concessionaires rights under this paragraph shall be subject to the applicable laws
of the State of Washington.
Page 12 of 31
E. Upon expiration of the term of this Agreement, Concessionaire shall remove all its
goods, wares and merchandise from the Concession Areas and shall remove any
equipment or trade fixtures placed therein by Concessionaire pursuant to the terms
of any written Agreement providing for removal by the Concessionaire upon
expiration. The Concessionaire shall have twenty (20) days to complete removal of
such property from the Concession Areas. The Concessionaire shall restore any
areas damaged by the installation of trade fixtures or equipment to the condition of
the area before installation occurred, reasonable wear and tear excepted. No non-
trade fixtures or improvements or additions to the Concession Areas shall be
removed unless previously agreed in this Agreement or a separate writing signed by
both parties. The City may, but need not, treat any property remaining upon the
Concession Areas after expiration of this Agreement or period for removal of
Concessionaire's property as abandoned by Concessionaire, and may make any
disposition of such property as the City deems fit.
F. Upon termination or expiration of this Agreement, the Concessionaire shall
surrender the Concession Areas to the City in as good condition as at the date of
execution of this Agreement, except for the effects of reasonable wear and tear,
alterations and repairs made with the concurrence of the City, and property damage
caused by risks insured against under fire, extended coverage and vandalism
insurance in current practice.
XIII. STANDARDS OF CONDUCT
A. Concessionaire recognizes that, although it is operating the concession facilities as
an independent operator for profit, the City's Department of Parks and Recreation is
organized and exists for the purpose of maintaining park and recreation facilities for
the use and enjoyment of the general public. The Concessionaire and its employees
will devote their best efforts toward rendering courteous service to the public as
though Concessionaire and its employees were employees of the City, with a view
of adding to the enjoyment of the patrons of this recreational facility.
B. Concessionaire shall operate and conduct the concessions in the Concession Areas in
a business like manner, and will not permit any acts or conduct on the part of the
Concessionaire's employees that would be detrimental to the City's image and
operation of the golf course.
C. Concessionaire shall at all times provide sufficient personnel to adequately staff the
Concession Areas. All personnel shall be dressed in neat appearing attire, which
shall include a standard uniform and shirt logo for Concessionaire personnel that
shall uniquely identify a Concessionaire's employee but which shall not in any way
infer association with or depict representation of the City.
XIV. COMPLIANCE WITH LAWS
Page 13 of 31
79
The Concessionaire, its officers, employees, and agents shall comply with applicable
federal, state, county, and local laws, statutes, rules, regulations, and ordinances, in
performing its obligations under this Agreement. Such compliance shall include abiding
by all applicable federal, state and local policies to ensure equal employment
opportunity based on ability and fitness to all persons regardless of race, creed, color,
national origin, religion, sex, physical handicaps or age. The Concessionaire shall
comply with applicable laws, standards, and regulations pertaining to employment
practices and employee treatment. Conditions of the Federal Occupational Safety and
Health Act of 1970 (OSHA), and the Washington Industrial Safety and Health Act of
1973 (WISHA). Concessionaire agrees to indemnify and hold harmless the City from all
damages assessed for the Concessionaire's failure to comply with the Acts and
Standards issued thereunder. The Concessionaire is also responsible for meeting all
pertinent local, state and federal health and environmental regulations and standards
applying to any operation in the performance of this Agreement.
XV. ACCESS TO BOOKS AND RECORDS
A. The City or its agents shall have the right to examine and inspect the books and
records of the Concessionaire for the purpose of validating Gross Receipts reports.
If Concessionaire conducts business operations at a location outside the Concession
Areas, Concessionaire shall adopt an accounting system to accurately reflect the
Gross Receipts and expenses derived from the Concession Areas to include
beverage/ snack cart sales. Concessionaire shall record all Restaurant sales using
systems which electronically and/or digitally record and identify the dates of sales
and the types and amounts of each transaction (so- called "point of sale" or VOS"
systems). The electronic and/or digital POS system data files from the restaurant
and lounge areas may be required to be turned in to the City and are also subject to
annual on -site inspections. All electronic and/or digital POS system data files are to
be maintained for two (2) years.
B. The Concessionaire shall provide to the City within one hundred five (105) days of
the end of a calendar year, a copy of its State B &O Tax Report for the previous year.
No certified copy of an annual report shall be required. The City shall not pay the
Concessionaire for preparation of any of the financial records or State B &O Tax
Report that will be provided to the City.
XVI. PHOTOGRAPHS
Either party shall have the right without liability to the other to make photographs or
motion pictures of the facilities, grounds, golf course, and proximate spaces, activity
therein, and/or displays or exhibits.
Page 14 of 31
Me
XVII. ADDRESSES FOR NOTICES
Except for payments and Gross Receipt reports as directed by Article III.E. above, any
notice required or permitted hereunder must be in writing and will be effective upon
the earlier of personal delivery or three days after being mailed by certified mail, return
receipt requested, addressed to CONCESSIONAIRE or to CITY at the address for that
party designated herein. Either party may specify a different address for notice
purposes by written notice to the other. All notices shall be delivered to the following
addresses:
To the City at the following address:
Office of the City Clerk
Tukwila City Hall
6200 Southcenter Boulevard
Tukwila, WA 98188
And to the Concessionaire at the following address:
With a copy to:
XVIII. ASSIGNMENT OF AGREEMENT
The City and Concessionaire each agree to be bound to the other party in respect to all
covenants, agreements, and obligations contained in this contract. Neither party shall
assign the contract in part or as a whole, without the written consent of the other, which
consent shall not be unreasonably withheld, conditioned or delayed. In circumstances
where subcontracting is not prohibited elsewhere in this Agreement, the Concessionaire
shall not subcontract any of the Concession Areas, services, facilities, or equipment, or
delegate any of its duties under this Agreement without the prior written approval of
the City, which approval shall not be unreasonably withheld, conditioned or delayed.
XIX. EQUALITY OF TREATMENT
A. Concessionaire shall conduct its business in a manner which assures fair, equal and
nondiscriminatory treatment at all times in all respects to all persons without regard
to race, color, religion, sex, age, or national origin. No person shall be refused
Page 15 of 31
service, be given discriminatory treatment, or be denied any privilege, use of
facilities or participation in activities on the Concession Areas on account of race,
color, religion, sex, age or national origin.
B. Concessionaire shall not discriminate in employment on the basis of race, religion,
creed, color, national origin, age, veteran status, sex, sexual orientation, gender
identity, marital status, political affiliation or the presence of any disability, except
for employment actions based on bona fide occupational qualification.
XX. CASUALTY TO OR DEMOLITION OF CONCESSION AREAS
The parties agree that the primary use of the premises is the operation of a golf course.
Secondary to that use is the concession that is the subject to this Agreement. The parties
recognize that some one or more of these uses may be interfered with or prevented
because of fire, earthquake, flood, storm, landslide, act of war, vandalism, theft or other
extraordinary casualty "Casualty"
A. Material Damage. If the Concession Areas are damaged or destroyed by fire or any
Casualty which cannot, despite diligent, good faith efforts be repaired or restored
within one hundred twenty (120) days following the date on which such damage
occurs, then Concessionaire may elect to terminate the Agreement effective as of the
date of such damage or destruction. Within thirty (30) days after the date of such
damage, the parties shall determine how long the repair and restoration will take.
After that determination has been made, Concessionaire shall have a period of thirty
(30) days to terminate the Agreement by giving written notice to City.
B. Repair After Damage. If Concessionaire does not give notice of Concessionaire's
election to terminate as provided in Section XII A, then City shall, subject to the
provisions of this Section, immediately commence and diligently pursue the
completion of the repair of such damage so that the Concession Areas and the Golf
Course Property is restored to a condition of similar quality, character and utility for
Concessionaire's purposes, including restoration of all items described on Exhibit C
and Exhibit E existing in the Concession Areas prior to such damage.
Notwithstanding anything contained herein to the contrary, if the Concession Areas
or the Golf Course property is not repaired and restored within one hundred twenty
(120) days from the date of the damage, Concessionaire may cancel the Agreement
at any time before City completes the repairs and delivers the restored Concession
Areas to Concessionaire. If Concessionaire does not so terminate, City shall
continue to restore the Concession Areas. Concessionaire shall have no claim
against the City for any direct, incidental or consequential damages arising from the
City's failure to commence or complete any repairs to the Concession Areas.
C. Uninsured Damage. If damage or destruction is caused by a peril not required to be
insured against hereunder and for which insurance proceeds are not available, either
Page 16 of 31
:.
City or Concessionaire may terminate this Agreement by thirty (30) days written
notice to the other of its election so to do and the Agreement shall be deemed to
have terminated as of such date unless the other party agrees in writing to pay for
such repairs or restoration.
XXI. NO LIENS OR ENCUMBRANCES
It is mutually understood and agreed that the Concessionaire shall have no authority,
express or implied, to create or place any lien or encumbrance of any kind or nature
whatsoever upon, or in any manner to bind, the interest of the City in the Concession
Areas or to charge the rentals payable hereunder for any claim in favor of any person
dealing with Concessionaire, including those who may furnish materials or perform
labor for any construction or repairs, and each such claim shall affect and each such lien
shall attach to, if at all, only the right and interest granted to Concessionaire by this
Agreement. If any such liens are filed, City may, without waiving its rights and
remedies for breach, and without releasing Concessionaire from its obligations
hereunder, require Concessionaire to post security in form and amount reasonably
satisfactory to City or cause such liens to be released by any means City deems proper,
including payment in satisfaction of the claim giving rise to the lien. Concessionaire
shall pay to City upon demand any sum paid by City to remove the liens. Further,
Concessionaire agrees that it will save and hold the City harmless from any and all loss,
cost, or expenses based on or arising out of the asserted claims or liens, against this
Agreement or against the right, title, and interest of the City in the Concession Areas or
under the terms of this Agreement, including reasonable attorney's fees and costs
incurred by City in removing such liens, and in enforcing this paragraph. Additionally,
it is mutually understood and agreed that this paragraph is intended to be a continuing
provision applicable to future repairs and improvements after the initial construction
phase.
XXII. INSURANCE
A. Fire, Earthquake, Flood & Casualty Insurance: The Concessionaire agrees that, at all
times during the full term of this Agreement and at its own expense, Concessionaire
shall, at its sole cost and expense, maintain in full force and effect adequate fire,
flood and other casualty coverage covering the Concession Areas and its contents,
including all personal property, fixtures, improvements. Consessionaire agrees to
hold City harmless for any loss of Consessionaire owned furniture, fixtures,
equipment etc, due to an earthquake. Such policy shall include a replacement cost
endorsement. Concessionaire will, prior to commencing installations of their
supplied equipment at the worksite and before business operations commence, shall
obtain and file with the City's Risk Manager a Certificate of Insurance evidencing
such coverage. All such insurance coverage shall include a thirty -(30) day
cancellation notice to Concessionaire and the City. Adequacy of coverage is defined
as insurance sufficient to restore the Concession Areas to its pre - casualty condition.
Page 17 of 31
B. Liability Insurance: Not less than thirty (30) days prior to the date of
Concessionaire's entry onto the Concession Areas, Concessionaire, at its own
expense shall obtain and file with the City's Risk Manager a Certificate of Insurance
evidencing commercial general liability insurance coverage ( "CGL ") providing
coverage of at least $1,000,000 per occurrence for bodily injury and $500,000 per
occurrence for property damage. This Certificate of Insurance shall be subject to
approval by the City's Risk Manager as to company, terms and coverage, and said
approval shall not be unreasonably withheld. The CGL shall name the City as an
additional insured and must fully protect the City from any and all claims and risks
and losses in connection with any activities or omissions by the Concessionaire by
virtue of this Agreement. The CGL policy shall remain in full force and effect at the
Concessionaire's sole expense for liability for property damage or personal injury
that may occur in connection with activities or omissions by the Concessionaire or
its patrons, and provide coverage for the full term of this Agreement. Concessionaire
shall insure that the City's Risk Manager is given thirty (30) calendar days prior
written notice, by certified mail, of any cancellation, lapse, reduction or modification
of such insurance. Concessionaire shall have the right to maintain a deductible level
of up to $5,000.00.
C. Release and Waiver of Subrogation: Any policy of insurance carried by either City or
Concessionaire pursuant to any obligation under this Agreement, shall, to the extent
available, contain a waiver of subrogation clause on the part of the insurer. Such
waiver shall apply to damages to adjacent property. Notwithstanding any other
provision of this Agreement, neither City nor Concessionaire shall be liable to the
other party or to any insurance company (by subrogation or otherwise) insuring the
other party for any loss or damage to any building, structure or tangible personal
property of the other occurring in or about the Concession Areas, even though such
loss or damage might have been occasioned by the negligence of such party, its
agents or employees, if such loss or damage is covered by insurance issued by an
insurance carrier authorized or licensed by the Insurance Commissioner of the State
of Washington to issue lines of insurance, benefiting the party suffering such loss or
damage or was required under the terms of this Agreement to be covered by
insurance by the party covering the loss.
XXIII. HOLD HARMLESS, INDEMNIFICATION,
AND INDUSTRIAL INSURANCE
A. Hold Harmless & Indemnification: Each party hereto agrees to be responsible and
assumes liability for its own wrongful or negligent acts or omissions, or those of its
officers, agents, or employees to the fullest extent required by law. Each party agrees
Page 18 of 31
RE
to save, indemnify, defend, or hold the other party harmless against all liability, loss,
damages, and expenses, including costs and attorney's fees, resulting from actions,
claims and lawsuits arising or alleged to have arisen, in whole or in part, out of or in
consequence of the acts or failures to act of the other party, its employees, its
subcontractors, its agents, or its assigns, which arise in any way out of the
performance of this Agreement. In the case of negligence of both the City and the
Concessionaire, any damages allowed shall be levied in proportion to the percentage
of negligence attributable to each party, and each party shall have the right to seek
contribution from the other party in proportion to the percentage of negligence
attributable to the other party.
B. Industrial Insurance: The parties have specifically negotiated Concessionaire's
waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of
Concessionaire's indemnification and hold harmless of the City, including the duty
to defend. This provision shall be inapplicable to the extent such action, claim, or
lawsuit is judicially found to arise solely from the acts or failures to act of the City.
XXIV. RELATIONSHIP OF PARTIES
A. Concessionaire Independent Contractor Status: The parties intend that an
independent contractor relationship shall be created by this Agreement. Nothing
contained herein shall create the relationship of principal and agent or of
partnership or of joint venture between the parties hereto, and neither the method of
computation of consideration nor any other provision contained herein shall be
deemed to create any relationship between the parties hereto other than the
relationship of City as granting a concession to the Concessionaire. Concessionaire
has the experience, ability, and resources to develop and operate restaurant facility
and is performing independent functions and responsibilities within its field of
expertise. Concessionaire and its personnel are independent contractors and not
employees of the City. No agent, employee, servant, or representative of the
Concessionaire shall be deemed to be an employee, agent, servant or representative
of the City. Concessionaire and its personnel have no authority to bind the City or to
control the City's employees. As an independent contractor, Concessionaire is
responsible for its own management. The City's administration and enforcement of
this Agreement shall not be deemed an exercise of managerial control over
Concessionaire or its personnel.
B. No Third Party Rights Created: It is mutually understood and agreed that this
Agreement is solely for the benefit of the PARTIES hereto and gives no right to any
other party.
C. No Toint Venture/ Partnership: It is mutually understood and agreed that no joint
venture or partnership formed as a result of this Agreement.
Page 19 of 31
D. Formation of Concessionaire: Concessionaire is a Washington limited liability
company to be formed. No liability shall accrue to the members thereof by reason of
the formation of the limited liability company after execution of this Agreement.
XXV. PERMITS, LICENSES, TAXES AND FEES
A. The Concessionaire shall obtain and at all times maintain a current Tukwila Business
License and shall obtain all liquor, health, and all other regulatory licenses and
permits as may be required or become necessary, including all construction and
building permits, necessary to fulfill Concessionaire's obligations under this
Agreement at Concessionaire's sole expense. Each party agrees to execute such
additional or other documents as may be required to fully implement the intent of
this Agreement.
B. As an independent contractor, the Concessionaire shall be solely responsible for all
taxes, fees and charges incurred, including but not limited to license fees, business
and occupation taxes, workers' compensation and unemployment benefits, all
federal, state, regional, county and local taxes and fees, including income taxes,
leaseholder taxes, permit fees, operating fees, surcharges of any kind that apply to
any and all persons, facilities, property, income, equipment, materials, supplies or
activities related to the Concessionaire's obligations under this Agreement.
XXVI. WAIVER
Failure to enforce any provision of this Agreement shall not be deemed a waiver of that
provision. No waiver of any right or obligation of either party hereto shall be effective
unless in writing, specifying such waiver, executed by the party against whom such
waiver is sought to be enforced. Waiver of any right or power arising out of this
Agreement shall not be deemed waiver of any other right or power.
XXVII. ADVERTISING
Concessionaire shall submit for the City's approval, not to be unreasonably withheld,
all advertisements for commercial vendors related to the concession operation.
XXVIII. REMEDIES
In addition to all other remedies provided by law, the parties hereto agree that the
actual damages suffered by the City may be difficult to calculate and, in the event of the
abandonment of the premises by Concessionaire or entry by the City because of breach
or default by Concessionaire, Concessionaire shall pay at the City's option to the City
1/365th per day of prior year's concession fee as liquidated damages until the City has
obtained a new Concessionaire satisfactory to the City. For 2009, the rate would be at a
Page 20 of 31
pro -rated daily amount. Such liquidated damages, if elected by the City, shall be in lieu
of any other remedy provided by law.
XXIX. COSTS & ATTORNEY'S FEES
In any action brought to enforce any provision of this Agreement, including actions to
recover sums due or for the breach of any covenant or condition of this Agreement, or
for the restitution of the Concession Areas to the City or eviction of the Concessionaire
during the term or after expiration thereof, the substantially prevailing party shall be
entitled to recover from the other party all reasonable costs and reasonable attorney's
fees incurred, including the fees of accountants, appraisers, and other professionals, at
trial or on appeal, and without resort to suit.
XXX. ARTICLE HEADINGS, GENDER, & NUMBER
Article paragraph headings are not to be construed as binding provisions of this
concession; they are for the convenience of the parties only. The masculine, feminine,
singular and plural of any word or words shall be deemed to include and refer to the
gender and number appropriate in the context.
XXXI. ENTIRE AGREEMENT
This Agreement and its Exhibits constitutes the entire agreement between the parties,
and the Parties acknowledge that there are no other agreements, written or oral, that
have not been set forth in the text of this Agreement.
XXXII. CHOICE OF LAW & VENUE
This Agreement shall be interpreted according to the laws of the State of Washington.
Any judicial action to resolve disputes arising out of this Agreement shall be brought in
King County Superior Court.
XXXIII. MODIFICATION
This Agreement may only be modified by written instrument signed by both parties.
XXXIV. ILLEGAL PROVISIONS - SEVERABILITY
Should any part of this Agreement be found void, illegal, or unenforceable, the balance
of the Agreement shall remain in full force and effect.
XXXV. COUNTERPARTS
Page 21 of 31
This Agreement may be executed simultaneously in two or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the
same instrument.
XXXVI. RECORDING
Upon the execution of this Agreement the City will cause this Agreement to be recorded
with the land use records of King County, Washington.
IN WITNESS WHEREOF, this Agreement has been entered into between the City
of Tukwila and , as of the day of f 2009.
CONCESSIONAIRE, a Washington corporation
CITY OF TUKWILA
Allan Ekberg, Mayor
ATTEST:
Christy O'Flaherty, City Clerk
APPROVED AS TO FORM:
City Attorney
Page 22 of 31
LIST OF EXHIBITS
Exhibit A -- Architectural Floor Plan with Numerical Identification of Rooms /Spaces
Exhibit B -- Legal Description of Foster Golf Course Property
Exhibit C -- Provided by the City in Concessionaire's Interests
Exhibit D -- Rights in Use and Control of Facility Spaces with Apportioning of Utility
Maintenance and Custodial Costs
Exhibit E -- Foster Golf Links Kitchen Equipment List
Page 23 of 31
:•
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that ALLAN EKBERG is the person
who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the Mayor of the CITY OF TUKWILA to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Given under my hand and official seal this day of , 2016.
Type /Print Name
Notary Public in and for the State of Washington
residing at
My Commission expires
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this day of 2016, before me personally appeared
to me known to be the a
Washington corporation, that executed the within and foregoing instrument and
acknowledged the said instrument to be the free and voluntary act and deed of said
corporation for the uses and purposes therein mentioned, . and on oath stated that he
was authorized to execute and in fact executed said instrument on behalf of the
corporation.
Given under my hand and official seal this day of 2016.
Type /Print Name
Notary Public in and for the State of Washington
residing at
My Commission expires
all
Page 24 of 31
EXHIBIT "A"
Architectural Floor Plan with Numerical Identification of Rooms /Spaces
M
W
Y
i
Z
Q
J
a.
OII
Page 25 of 31
91
92
EXHIBIT "B"
Legal Description of Property
King County Parcel Account Number 000300004900 Record Number 01
Legal Description:
0049 FOSTER STEPHEN - DC #38 POR OF DC LY NELY OF PS E RY R/ W& NELY
ELY & SELY OF FOLG
DESC LN - BEG AT NXN OF ELY LN OF PS E RY R/ W & NLY MGN OF FOSTER ST
PROD ELY THN 49 -11 -08 E 51.59 FT TH
S 75 -02 -50 E TO C/ L OF FOSTER ST PROD ELY TH NELY ALG SDC/ L TO BANK OF
GREEN RIVER
Page 26 of 31
93
M,
EXHIBIT "C"
Provided by the City in the Concessionaire's Interests
Bolded Items = As specified within the project's construction documents,
required by the city pursuant to its construction contract with Wade- Perrow
Construction, LLC., General Contractor.
1. Value of entire project 4- phased scope, including but not limited to: staff and legal
time and resources; architect; facility engineering; utility coordination; permits and
bidding; contracting; siting, site preparation; coordination with contractor and
construction administration required by project documents in concessionaire's areas
of use;
2. Project management/ administrative services provided by the owner's
representative during construction; including the procurement of certain restaurant
equipment specified and contained within Volume 2 of the project manual.
3. Restaurant wood base molding, door, and window casings.
4. Epoxy kitchen flooring.
5. Carpeting.
6. Finished ceilings and soffits
7. Interior paint and wainscot finishes
8. One air curtain at kitchen door
9. Building security and fire alarm hardware systems (security not exceeding $8,704
owners allowance, with consultation)
10. Power, phone, and data infrastructure
11. Standard electrical type j boxes for future connections of music system by others
12. Restaurant booth stubout walls
13. Restaurant exterior walk up service counter
4. Patio and patio lighting
15. Ducts and fans for connection to three concessionaire supplied and installed
kitchen hoods
16. Raised floor for booths
17. Raised floor for breakfast bar
18. Underslab soda sleeves
19. Underslab plumbing
20. Slab floor sinks and drains
21. Backing for restaurant shelving
Page 27 of 31
95
22. HVAC system and controls for kitchen, restaurant, lounge, (and all other
concessionaire use or joint use areas)
23. Kitchen make up air supply
24. Kitchen ductwork
25. Roof penetrations and venting, kitchen, restaurant, lounge and all other
26. Smoker slab, shed roof, and installation connections
27. Meeting room data wiring and floorbox connection
28. Meeting room divider /operable partition
29. All water routing and piping
30. General exterior building, grounds, parking lot, and landscape maintenance
31. Shared use benefit of joint use areas ".
32. Exterior signage as budgeted by owner not to exceed $16,320
33. General overhead lighting fixtures in restaurant and in all other concessionaire
and joint use spaces;
34. Interior and exterior facility artwork, motif, and decor accessories procured by
owner to the extent provided in areas exclusive of the concessionaire's spaces.
35. Lobby furniture as selected and procured by owner;
36. Grease trap as required for compliance to city code
Page 28 of 31
EXHIBIT "D"
Rights in Use and Control of Facility Spaces with Apportioning of Utility,
Maintenance and Custodial Costs
The city and concessionaire have agreed that joint operations of the facility require 1)
that rights and responsibilities for the use and control of spaces be established, and 2)
that operating costs respective to those spaces which require utilities 3) necessary
maintenance and repair, and 4) custodial services be delineated. The following table
depicts these responsibilities:
Rm.
RoonV
1
2
3
4
No.
Space Name
Right
Utility
Maint
Custodial
100
Pro Shop
City
City
City
City
101
Hospitality
Joint Use
City
City
Concessionaire
102
Restaurant
Concessionaire
Concessionaire
Concessionaire
Concessionaire
103
Lounge
Concessionaire
Concessionaire
Concessionaire
Concessionaire
104
Kitchen
Concessionaire
Concessionaire
Concessionaire
Concessionaire
108
Meeting Room B (Banquet)
Concessionaire
Concessionaire
Concessionaire
Concessionaire
110
Meeting Room A (Banquet)
Concessionaire
Concessionaire
Concessionaire
Concessionaire
111
Meeting Hallway Corridor
Concessionaire
City
City
Concessionaire
112
Restroom Hallway Corridor
Joint Use
City
City
Concessionaire
113
Mechanical
City
Concessionaire
City
Not Required
114
Storage (Meeting Rooms)
Concessionaire
Concessionaire
Concessionaire
Concessionaire
115
Women's Restroom
Joint Use
Concessionaire
Concessionaire
Concessionaire
116
Men's Restroom
Joint Use
Concessionaire
Concessionaire
Concessionaire
117
Electrical Data Room
Joint Use
Concessionaire
City
Concessionaire
119
Vestibule Front /Main Entry
Joint Use
City
City
Concessionaire
120
SRR - Sprinkler Riser Room
City
City
City
City
121
Lobby
Joint Use
City
City
Concessionaire
122
Concessionaire Office
Concessionaire
City
Concessionaire
Concessionaire
123
Storage Golf Retail
City
City
City
City
124
Cart Barn
City
City
City
City
125
Instruction Area
City
City
City
City
126
Men s Restroom Exterior
City
City
City
City
127
Women s Restroom Exterior
City
City
City
City
128
Office (Pro -Shop)
City
City
City
City
129
Patio, West Covered Dining
Concessionaire
Joint Use
City
Joint (note #1)
130
Patio, East Covered Dining
Concessionaire
Joint Use
City
Joint (note #1)
130A
Patio, Meeting Room
Concessionaire
Joint Use
City
Joint (note #1)
Parking Lots
Joint Use
City
City
City
Exterior Site Lighting
Joint Use
City
City
City
Landscape
Joint Use
City
City
City
Page 29 of 31
97
Exhibit "D" (Continued)
Notes of Explanation
1. Patios: Daily maintenance is jointly shared in that the city will perform daily
cleaning in its proximity and landscape. The concessionaire will be responsible for
wastes, cleaning fixtures and furnishings including food and beverage stains.
2. Utilities: In consideration of overall FIVAC, power, sewer, water, waste disposal,
CATV, landscape, parking lot cleaning, exterior building maintenance and lighting,
site and facility utility needs overall utility use considering rights to spaces were
deliberated. Facility utility loads, durations of daily operations, were considered and
utility responsibilities are apportioned by balancing some areas against others. The
right of use of the room or space does not strictly assign responsibility for utilities.
Phone/Data/CATV: Infrastructure is provided by the city. Trailing costs of
connections, installation, lines, and subscriber fees are the responsibility of the user.
Gas: gas usage has been established by separate meters and separate accounts.
Water: Interior water use is the responsibility of the concessionaire; exterior water
for irrigation and other uses are the responsibility of the city.
Waste Disposal &for Recycling- is the responsibility of the concessionaire
Power: power use has not been established by separate meters and separate
accounts therefore it is the responsibility of the concessionaire to reimburse the City
for 80% of usage cost.
3. Maintenance: "maintenance" refers not to routine custodial work, but to the
maintenance of walls, carpets, fixed and portable furnishings -- the condition of the
space and its contents. It includes replacements of light bulbs, repairs, stain removal,
painting, and refurbishing of spaces as it deteriorates through use over time.
4. Custodial: refers to routine, daily and other custodial functions, including, but not
limited to, sweeping, mopping, vacuuming, dusting, surface cleaning, waste
disposal.
Page 30 of 31
EXHIBIT "E"
FOSTER GOLF LINKS KITCHEN EQUIPMENT LIST
ITEM QTY DESCRIPTION MFR MODEL EACH PRICE TOTAL PRICE
1 1 EA 1 WALK -IN COOLER /FREEZER KYSOR CUSTOM 16'x12'x8'3" $9,710.00 $9,710.00
2 1 EA 1 EVAPORATOR COIL, COOLER ERICKSON REF Included 2.1
2.1 1 EA 1 COMPRESSOR, COOLER ERICKSON REF TBD $5,500.00 $5,500.00
3 LOT 1 COOLER SHELVING METRO MODEL # $450.00 $450.00
4 2 EA 2 UTILITY RACK METRO RE1 $155.00 $310.00
5.1 1 EA 1 DUNNAGE RACK Not in Contract $660.00 $660.00
5.2 1 EA 1 DUNNAGE RACK Not in Contract $760.00 $760.00
6 1 EA 1 WALK -IN FREEZER KYSOR CUSTOM (inc in item #1)
7.1 1 EA 1 EVAPORATOR COIL, FREEZER ERICKSON REF included in item #7.2
7.2 1 EA 1 COMPRESSOR, FREEZER ERICKSON REF TBD $5,620.00 $5,620.00
8 1 LOT 1 FREEZER SHELVING Not in Contract $1,120.00 $1,120.00
9 2 EA 2 UTILITY RACK METRO RE1 $155.00 $310.00
10.1 1 EA 1 SPARE NUMBER SPARE NUMBER Not in Contract
11 1 EA 1 RACK #10 STORAGE LOCKWOOD CR69 -7 $390.00 $390.00
12 1 EA 1 MOBILE RACK METRO RE1 $200.00 $200.00
13 1 EA 1 COUNTER MIXER HOBART A200 +BUILDUP $3,450.00 $3,450.00
13.1 1 EA 1 MIXER STAND ADVANCE MT -GL -242 $260.00 $260.00
14 1 EA 1 WORK TABLE ADVANCE KAG -306 $380.00 $380.00
15 1 EA 1 WIRE SHELVING METRO 1436BR $40.00 $40.00
16 2 EA 2 INGREDIENT BIN Not in Contract $135.00 $270.00
17 1 EA 1 WORK TABLE ADVANCE KAG -303 (no shelf) $340.00 $340.00
18 1 EA 1 WIRE SHELVING METRO 1436BR $50.00 $50.00
19 1 EA 1 REACH -IN REFRIGERATOR TRUE T -49 $2,080.00 $2,080.00
20 1 EA 1 EMPLOYEE COUNTER BY GC CUSTOM
21 1 EA 1 EMPLOYEE LOCKERS Not in Contract
22 1 EA 1 WORK TABLE ADVANCE KAG -306 $340.00 $340.00
23 1 EA 1 OVEN, SLOW COOK/HOLD ALTO -SHAAM 1000 -TH -1 /HDII $7,040.00 $7,040.00
24 1 EA 1 TILT SKILLET GROEN HFP /2 -4,NAT $9,080.00 $9,080.00
25 1 EA 1 KETTLE, STEAM JACKETED GROEN TDB /C -40 $3,530.00 $3,530.00
25.1 1 EA 1 KETTLE & POT FILLER FISHER 2040 $230.00 $230.00
25.2 1 EA 1 KETTLE STAND GROEN TS /9 -2 F/TDB /C -40 $580.00 $580.00
EXHIBIT "E"
O FOSTER GOLF LINKS KITCHEN EQUIPMENT LIST
0
ITEM QTY DESCRIPTION MFR MODEL EACH PRICE TOTAL PRICE
26 1 EA 1 HEAVY DUTY GAS RANGE JADE RANGE JTRH -6 -36 $2,980.00 $2,980.00
27 1 EA 1 CONVECTION OVEN GAS BLODGETT OVENS DFG100 $8,200.00 $8,200.00
28 3 EA 3 KITCHEN SWING DOOR ELIASON LWP -3 $296.67 $890.00
29 1 EA 1 HAND SINK ADVANCE 7 -PS -60 $130.00 $130.00
30 1 EA 1 EXHAUST HOOD SPRING -AIR CUSTOM (PREP) 14' $7,320.00 $7,320.00
30.1 1 EA 1 EXHAUST HOOD FAN SPRING -AIR CUSTOM (INCLUDES #10.1& #94.1 LOAD $2,420.00 $2,420.00
31 1 EA 1 FIRE SUPPRESSION (PREP LINE) ANSUL CUSTOM (USES #95 UTILITIES)
32 2 EA 2 BANQUET SERVICE CARTS CRES COR Not in Contract $3,030.00 $6,060.00
33 1 EA 1 FOOD SLICER Berke! 909A $2,320.00 $2,320.00
34 1 EA 1 WORK TABLE ADVANCE KAG -304 $340.00 $340.00
35 1 EA 1 PREP SINK SSP 2c23X25 -224 $570.00 $570.00
35.1 1 EA 1 WALL -MOUNT FAUCET FISHER 3252 $50.00 $50.00
36 1 LOT 1 WIRE SHELVING METRO SHELVING $280.00 $280.00
37 1 EA 1 SOIL DISH TABLE METAL FAB CUSTOM $4,360.00 $4,360.00
38 1 EA 1 CLEAN DISH TABLE METAL FAB CUSTOM $1,320.00 $1,320.00
39 1 EA 1 RACK CONVEYOR WAREWASHER HOBART C44A- BUILDUP $10,890.00 $10,890.00
40 1 EA 1 PRE - RINSE, WALL MOUNT FISHER 2210 -WB $180.00 $180.00
41 1 EA 1 WATER HEATER, BOOSTER COATES $1,430.00 $1,430.00
42 1 LOT 1 WIRE SHELVING METRO SHELVING $130.00 $130.00
43 1 EA 1 DUCT HOOD (D/W) METAL FAB CUSTOM $820.00 $820.00
44 2 EA 2 WALL MOUNT FAUCET FISHER 3253 $80.00 $160.00
45 1 EA 1 3 COMP. SINK METAL FAB CUSTOM $2,700.00 $2,700.00
46 1 EA 1 MOP SINK ADVANCE B -OP -20 W/K -240 FAUCET $590.00 $590.00
47 1 LOT 1 WIRE SHELVING (DRY STORAGE) METRO MODEL # $670.00 $670.00
49 1 EA 1 CO2 TANK N.J.C. Not in contract
50 1 EA 1 WIRE SHELVING (LOCKED LIQ. STOR) METRO SEC56CQ $730.00 $730.00
51 1 EA 1 DROP -IN SINK ADVANCE D1 -7 -10 $120.00 $120.00
52 1 EA 1 TRASH CAN RUBBERMAID SLIM JIM #9540 $30.00 $30.00
53 1 EA 1 UC COMPACT REFRIGERATOR BEVERAGE -AIR UCR20 $840.00 $840.00
54 1 EA 1 RACK (CUP) STORAGE BY GC CUSTOM
55 1 EA 1 DOLLY, DISHRACK CRES COR Not in Contract $440.00 $440.00
56 1 EA 1 ESPRESSO EQUIPMENT ESPRESSIMO (SPEC ?) Not in Contract
57 1 EA 1 GRINDER ESPRESSIMO (OTHER) Not in Contract
58 1 EA 1 SERVICE COUNTER BY GC CUSTOM
59 1 EA 1 SYRUP WARMER CECILWARE SD1 $130.00 $130.00
ITEM QTY DESCRIPTION
EXHIBIT "E"
FOSTER GOLF LINKS KITCHEN EQUIPMENT LIST
MFR MODEL
EACH PRICE TOTAL PRICE
60 1 EA 1 DROP -IN SINK
61 1 EA 1 RACK (CUP) STORAGE
62 1 EA 1 COFFEE MAKER, SATELLITE SYSTEM
63 1 EA 1 WARMER
64 1 EA 1 INSIDE SERVICE COUNTER
65 1 LOT 1 WIRE SHELVING
67 1 EA 1 BEVERAGE COUNTER
68 1 EA 1 GLASS RACKS
69 1 EA 1 DROP -IN WATER & ICE STATION
70 1 EA 1 ICE /BEVERAGE DISPENSER
71 1 EA 1 ICE TEA DISPENSER
72 1 LOT 1 WIRE SHELVING
74 1 EA 1 SODA RACK STORAGE
75 1 EA 1 PANTRY ISLAND
76 1 EA 1 ELEC FOOD WARMER
77 1 EA 1 DRAWER TYPE WARMER
78 1 EA 1 UC COMPACT REFRIGERATOR
79 1 EA 1 DIPPERWELL ASSEMBLY
80 1 EA 1 ICE CREAM CABINET
81 1 EA 1 ICE MAKER W/O BIN
81.1 1 EA 1 ICE BIN
81.2 1 EA 1 WATER FILTER
82 2 EA 2 HAND SINK
83 1 EA 1 SALAD PREP REFRIGERATOR
84 1 EA 1 HOT FOOD TABLE
85 1 EA 1 PREP REFRIGERATOR
86 1 EA 1 MICROWAVE OVEN
87 1 EA 1 MICROWAVE SHELF
88 1 EA 1 SLOW COOK/HOLD OVEN
89 1 EA 1 CARVING STATION
90 1 EA 1 WIRE SHELVING
91 2 EA 2 FOOD OVERHEAD WARMER
92 1 EA 1 DBL PASS SHELF
93 1 EA 1 WORK TABLE
94 1 EA 1 EXHAUST HOOD (COOKLINE)
ADVANCE D1 -1 -1- $120.00 $120.00
BY GC CUSTOM
BUNN
Dual TF DBC $1,790.00
$1,790.00
MEWCO
GWT 70D496 $40.00
$40.00
BY GC CUSTOM
METRO SHELVING $50.00 $50.00
BY GC CUSTOM
BY GC CUSTOM
DELFIELD 204 $530.00 $530.00
MI CORNELIUS Not in contract
BUNN
TB3 $50.00 $50.00
METRO
SHELVING $90.00 $90.00
N.I.C. Not in contract
METAL FAB
DUKE
WELLS
TRUE
FISHER
MAN ITOWOC /SCOTSMAN
MAN ITOWOC
MAN ITOWOC
ADVANCE
TRUE
DUKE
TRUE
DAEWOO
ADVANCE
ALTO -SHAAM
CARLISLE
METRO
HATCO
METAL FAB
ADVANCE
SPRING -AIR
CUSTOM $3,830.00 $3,830.00
ACTW -1 $130.00 $130.00
RW -36 $1,890.00 $1,890.00
TUC -48 $1,390.00 $1,390.00
3041 $110.00 $110.00
Not in contract $830.00 $830.00
$5,460.00 $5,460.00
F- 1300 -4B $2,360.00 $2,360.00
TR1- L -25NH $280.00 $280.00
7 -PS -60 $135.00 $270.00
TSSU-72-1B $2,000.00 $2,000.00
E304SW $1,430.00 $1,430.00
Not in contract $2,000.00 $2,000.00
$220.00 $220.00
MS -18 -24 $150.00 $150.00
750 -TH -11 $3,410.00 $3,410.00
Not in contract $430.00 $430.00
SHELVING $40.00 $40.00
Not in contract $130.00 $260.00
CUSTOM $1,770.00 $1,770.00
KAG -303 $340.00 $340.00
CUSTOM -RIGHT 11' $5,510.00 $5,510.00
EXHIBIT "E"
FOSTER GOLF LINKS KITCHEN EQUIPMENT LIST
ITEM QTY DESCRIPTION MFR MODEL EACH PRICE TOTAL PRICE
94.1 1 EA 1 COOKLINE EXHAUST HOOD SPRING -AIR CUSTOM -LEFT 14' $7,560.00 $7,560.00
95 1 EA 1 FIRE SUPPRESSION (COOKLINE) ANSUL CUSTOM $6,840.00 $6,840.00
95.1 1 EA 1 EXHAUST HOOD FAN 0 FOR #94 $2,420.00 $2,420.00
95.2 1 EA 1 MAKEUP AIR SYSTEM SPRING -AIR SFA18 -1GOD $8,370.00 $8,370.00
96 1 EA 1 SPREADER RANGE JADE RANGE JTPR -36 -SD $1,790.00 $1,790.00
97 1 EA 1 OPEN BURNERS /REFRIG.RAIL JADE RANGE JMSS- 05 -T -60 $6,650.00 $6,650.00
98 1 EA 1 SHORTY REFRIGERATOR JADE RANGE JRLH- Q4R -5 -54 $4,010.00 $4,010.00
99 1 EA 1 GAS SALAMANDER BROILER JADE RANGE JSB -36RM $1,770.00 $1,770.00
100 1 EA 1 HEAVY DUTY MODULAR GAS RANGE JADE RANGE JMRH -72BGT $4,000.00 $4,000.00
101 1 EA 1 GAS SALAMANDER BROILER JADE RANGE JSB -36RM $1,770.00 $1,770.00
102 1 EA 1 SHORTY REFRIGERATOR JADE RANGE JRLH- 04R -T -72 $4,100.00 $4,100.00
103 1 EA 1 HEAVY DUTY MODULAR GAS RANGE JADE RANGE JMRH -72B $4,490.00 $4,490.00
104 1 EA 1 SHORTY REFRIGERATOR JADE RANGE JRLH- 04R -T -72 $4,100.00 $4,100.00
104.1 1 EA 1 REMOTE REFRIGERATOR ERICKSON REF COOKLINE REFRIGERATORS $5,160.00 $5,160.00
105 1 EA 1 FRYER DUMP STATION Not in Contract $870.00 $870.00
106 1 EA 1 DEEP FAT FRYER, GAS JADE RANGE JTFF- 240 -38 $4,320.00 $4,320.00
107 1 EA 1 WORK TABLE ADVANCE KAG -243 $330.00 $330.00
108 1 EA 1 CONVEYOR TOASTER (FUTURE) HATCO TQ -1200 $1,000.00 $1,000.00
109 1 LOT 1 WALL CAPS & CORNER GUARDS METAL FAB CUSTOM $370.00 $370.00
110.1 1 EA 1 WALL FLASHING METAL FAB CUSTOM COOK LINE $1,220.00 $1,220.00
110.2 1 EA 1 WALL FLASHING METAL FAB CUSTOM PREP LINE $810.00 $810.00
B00 1 LOT 1 UNDERBAR MODULAR BAR DIE GLASTENDER Not in Contract $2,980.00 $2,980.00
B02 1 EA 1 UNDERBAR GLASS RACK GLASTENDER Not in Contract $450.00 $450.00
B03 2 EA 2 UNDERBAR COMB ICE BIN GLASTENDER Not in Contract $1,520.00 $3,040.00
B04 1 EA 1 UNDERBAR FILLERS & DRAINBOARDS GLASTENDER Not in Contract $270.00 $270.00
B05 2 EA 2 BSA -18L GLASTENDER Not in Contract $545.00 $1,090.00
B06 2 EA 2 FROSTER GLASS /MUG GLASTENDER Not in Contract $1,435.00 $2,870.00
B07 1 EA 1 UNDERBAR DRY WASTE GLASTENDER Not in Contract $230.00 $230.00
B08 2 EA 2 UNDERBAR GLASS RACK GLASTENDER Not in Contract $500.00 $1,000.00
B09 1 EA 1 GLASSWASHER GLASTENDER Not in Contract $4,300.00 $4,300.00
B10 1 EA 1 UNDERBAR SINK GLASTENDER Not in Contract $620.00 $620.00
B11 1 EA 1 UNDERBAR FILLERS & DRAINBOARDS GLASTENDER Not in Contract $330.00 $330.00
B12 1 EA 1 BACK BAR COOLER GLASTENDER Not in Contract $2,310.00 $2,310.00
B12.1 1 EA 1 REMOTE REFRIGERATOR ERICKSON REF Not in Contract
B13 1 EA 1 BACK BAR COOLER GLASTENDER Not in Contract $1,830.00 $1,830.00
EXHIBIT "E"
FOSTER GOLF LINKS KITCHEN EQUIPMENT LIST
ITEM QTY DESCRIPTION MFR MODEL EACH PRICE TOTAL PRICE
B14 1 LOT 1 UNDERBAR BEVERAGE TOWER GLASTENDER Not in contract $1,470.00 $1,470.00
B15 1 EA 1 ESPRESSO EQUIPMENT N.I.C. Not in contract
B16 1 EA 1 GRINDER N.I.C. Not in contract
FT1 1 EA 1 FLOOR TROUGH (PREP LINE) EAGLE FT- 1884 -SG $2,320.00 $2,320.00
FT2 1 EA 1 FLOOR TROUGH (ICE MACHINE) EAGLE FT- 1248 -SG $1,220.00 $1,220.00
POS 1 EA 1 NOT IN CONTRACT ITEM N.I.C. Not in contract
901 1 LT 1 INSTALLATION OF BUY -OUT ITEMS 0 $11,670.00 $11,670.00
902 1 LT 1 INSTALLATION OF SHEET METAL ITEMS 0 $3,330.00 $3,330.00
903 1 LT 1 WAREHOUSING & DELIVERIES TO JOBSITE 0 $990.00 $990.00
TOTAL $260,850.00
EQUIPMENT ADDED BY CONCESSIONAIRE
A 1 EA 1 Pannini Machine Not in contract
B 1 EA 1 Small Convection Oven Not in contract
C 1 LOT 1 P.O.S. Stations Not in contract
D 3 EA 3 TVs Not in contract
E 1 LOT 1 Patio furniture Not in contract
F 1 EA 1 Beverage Cart Not in contract
G 1 LOT 1 Banquet Hall Chairs Not in contract
H 1 LOT 1 Round Banquet Tables Not in contract
I 1 LOT 1 6 -foot Banquet Tables Not in contract
J 2 EA 2 Overhead LCD Projectors Not in contract
K 1 LOT 1 Banquet P.A. /Sound System Not in contract
L 1 LOT 1 Pavilion Drapes Not in contract
M 1 LOT 1 Pavilion Lights Not in contract
104
City Council Community Affairs and Parks Committee
COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
April 11, 2016 - 5:30 p.m. - Council Chamber, City Hall
Councilmembers: De'Sean Quinn, Chair; Kathy Hougardy, Thomas
I. ANNOUNCEMENT
II. BUSINESSAGENDA
A. Concessionai
B.
KRAR n it a of $20 of an ent nclude ren
CO NSEN
vat of a reem 'on MMS Consulting Inc., for
's Rest an a l seven years. MMS has been a
d staff like to continue the relationship. Revenue to
e cted to proximately $100,000 per year. UNANIMOUS
2016 REG R CONSENT AGENDA.
ill Presery
I to accept a Heritage Cultural Facilities grant from 4Culture in
construction at Duwamish Hill Preserve. Fundingwill cover
kios erpretive benches, signs, and a cultural landscape area,
ion of e site. UNANIMOUS CONSENT. FORWARD TO APRIL 18,
E N DA.
105
106
Ci�y olf Tukwila Allan Ekberg, o
Mayor's Office -David Clime, City Administrator
The City of opportunity, the community of choice
TO: Mayor Ekberg
Councilmembers
FROM: David Cline, City Administrator
DATE: April 13, 2016
SUBJECT: Report for April 18, 2016 Regular Council Meeting
The City Administrator Report is meant to provide the Council, staff and community an update on the
activities of the City and on issues that concern Tukwila. Please let me know if you have any questions
or need additional information about any of the following items.
Intergovernmental Update
• Puget Sound Regional Council General Assembly: Mayor Ekberg and Economic
Development Administrator Derek Speck attended the Puget Sound Regional Council
General Assembly on March 31 at Husky Stadium. In addition to regular business, PSRC
launched an effort to create a regional economic strategy for the four county area.
• Best Starts for Kids Roundtable: Mayor Ekberg attended the Sound Cities Association
Best Starts for Kids Roundtable at the Renton Civic Center on March 31.
• Economic Development Council of Seattle /King County (EDC): Project Manager Joyce
Trantina attended a meeting of city economic development managers in King County
hosted by the Economic Development Council of Seattle /King County (EDC). The EDC is in
discussions with Challenge Seattle on ways to collaborate for business attraction and
marketing the region.
• South King County Chamber of Commerce: The City became a member and sponsor for
the South King County Chamber of Commerce after a one year hiatus while the Chamber
reconfigured its membership categories and benefits.
• Meeting with King County Parks and Recreation: Senior Planner Moira Bradshaw
coordinated a meeting with King County Parks and Recreation staff and several City staff
members to discuss King County's proposal to provide design and financial assistance to
the City for construction of non - motorized connections between the Southcenter
Connection bus transit center and Tukwila Station. King County Parks and Recreation
• Sound Cities Association (SCA) workshop for Regional Transit Committee:
Councilmember Hougardy and Jaimie Reavis attended the Sound Cities Association (SCA)
workshop for Regional Transit Committee (RTC) members and staff on April 6. Members
worked to finalize amendments to King County Metro's Strategic Plan and Service
Guidelines documents, and were introduced to Metro's Draft Long Range Plan.
II. Community Events
Tukwila City Hall * 6200 Southcenter Boulevard • Tukwila, WA 98188' » 06- 433 -1800 • CWebsite.: Tukwilo WA.gav
107
City Administrator's Report
April 13, 2o16
Page 2
• Duwamish Southside Rotary Service Club Meetina: Volunteer and Event Coordinator
Shannon Fisher attended a joint Tukwila /SeaTac Service Club meeting sponsored by the
Duwamish Southside Rotary on April 7 and spoke about upcoming events, programs, and
volunteer engagement opportunities in the City.
III. Staff Updates
Public Safety
• DARE Graduation: 200+ fifth graders attended the DARE graduation on April 11 at Foster High
School Performing Art Center.
Project Updates
• TIB Redevelopment— Motel Demolition: Seattle City Light (SCL) disconnected the power at
the demolition sites April 8 and demolition has been completed. Site restorations will occur
through May. This summer, Economic Development will request Council direction on whether
to seek development proposals on the motel sites.
• Strander Blvd Phase 3 Early Start: Geotechnical investigations are underway to determine
soil and groundwater conditions as part of early design activities.
• 53rd Ave S: Staff is preparing a mailer for property owners adjacent to 53rd Ave S and within
the project limits. The owners will be asked to choose between two project design options: 1)
construct all improvements within the existing 40 foot right -of -way or 2) include a 5 foot
planter strip with right -of -way donations.
• TUC Pedestrian /Bicycle Bridge: Army Corps of Engineers levee modification permit is
expected to be issued this week and the right -of -way certification is expected by April 30,
allowing for bid advertisement May 1.
• S 144th St Phase II: Final coordination with Seattle City Light, King County Library System
and the Tukwila Village site developer is near completion. Ad date expected late April to early
May.
• Tukwila Village: King County Library System continues construction on the new library,
estimated to be open to the public in late 2o16. Tukwila Village Development Associates
continues sitework on the property north of 144th. The City has approved building permits for
buildings A, C, and E. City is awaiting developer response to comments on the permit
application for building D. Developer will submit permit application for building B at a future
time. City and developer expect to close escrow on the land sale for the first phase in summer
2o16. Developer estimates first buildings will open in late 2017.
• 443o S 16oth St: This property has new owners as of August 2015 and Code Enforcement has
been working with them to address the junk vehicles, residential parking, and accumulation of
rubbish and garbage on site. This March they removed 65 tons of garbage and 1ljunk
vehicles, including 1 motorhome, to bring the property into compliance.
Phone, 206- 433 -1800 + Email: Mayor@TukwilaWA.gov • Website: T'ukwilaWA. ov
I
Upcoming Meetings & Events
April 2016
18th (Monday)
19th (Tuesday)
20th (Wednesday)
21st (Thursday)
22nd (Friday)
23rd Saturda
• Transportation
➢ Finance &
➢ Tukwila
Healthy Earth,
Cmte,
Safety Cmte,
Historical
Healthy You
5:30 PM
5:30 PM
Society,
5k Run and Walk
(Foster
(Hazelnut
7:00 PM
Begins at 9:00 AM
Conference
Conference
(Tukwila
(Tukwila Community
Room)
Room)
Heritage &
Center)
Cultural
Registration is $15.00
Center, 14475
in advance or $20.00
59' Ave S.)
day of event, and
• City Council
includes the
Regular Mtg.,
opportunity to plant a
7:00 PM
tree or shrub at a post
(Council
run/walk riverside
Chambers)
restoration event.
For registration
information call
206- 768 -2822
Through April 21: Free income tax preparation assistance available at Tukwila Community Center
Tuesday/Thursday: 5:00 — 8:00 PM, Saturday: 10:00 AM— 2:00 PM Visit www.uwke.org/taxhelp or call 800 - 621 -4636
25th (Monday)
26th (Tuesday)
27th(Wednesday)
28th (Thursday)
29th (Friday)
30th (Saturday)
➢ Community
➢ Utilities Cmte,
Foster High
Food Business
Tukwila Int'l. Blvd.
Affairs & Parks
5:30 PM
School Career
and Job
Action Cmte's
Cmte,
(Foster
Day
Development
Trash Pickup Day
5:30 PM
Conference
Guest Speaker
Resource Fair
9:00 — 10:00 AM
(Hazelnut
Room)
Workshops:
5:30 — 7:30 PM
Conference
12:30 - 2:30 PM
(Community
it
Room)
Job & College
Center)
Fair:
Hosted by the
For location or
2:30 -3:30 PM
SeaTac and
information contact
➢ City Council
(Foster High
Tukwila Food
Sharon Mann
Committee of
School)
Innovation
206- 200 -3616
the Whole Mtg.,
Network and the
7:00 PM
Healthy Tukwila
(Council
➢ Planning
Project.
Chambers)
Commission,
Public
Hearing
Board of
Last day to
Architectural
register to vote
Review for 110
(by mail or online)
room extended
or to update
stay hotel and
address ahead of
parking
6:30 PM
the Presidential
(Council
Primary in May.
Chambers)
➢ Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center. Contact Dave Johnson at 206 - 767 -2308.
➢ Community Affairs & Parks Committee: 2nd & 4th Mon., 5:30 PM, Hazelnut Conf. (
➢ COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room.
Contact Chris Portman at 206 - 431 -2197
➢ Equity & Diversity Commission: 1 st Thurs., 5:15 PM, Hazelnut Conf. Room. Contact Joyce Trantina at 206 - 433 -1868.
➢ Finance & Safety Committee: I st & 3rd Tues., 5:30 PM, Hazelnut Conf. Room. (A) A lease agreement with the Tukwila Historical
Society for the old City Hall facility. (B) Speed reduction in neighborhoods of Tukwila. (C) Committee discussion and input on the
draft Facilities Outreach Plan. (D) Committee discussion on draft 2017 -2018 Budget Outreach Plan. (E) Proposed 2017 -2018
budget priorities.
➢Human Services Advisory Brd: Human Services Office. Contact Evie Boykan at 206 - 433 -7180.
➢ Library Advisory Board: I st Tues., 7:00 PM, Community Center. Contact Shannon Fisher at 206 - 767 -2312.
➢Park Commission: 2nd Wed., 5:30 PM, Community Center. Contact Robert Eaton at 206 - 767 -2332.
➢ Planning Commission/Board of Architectural Review: 4`h Thurs., 6:30 PM, Council Chambers at City Hall. Contact Wynetta
Bivens at 206 - 431 -3670
➢ Transportation Committee: I st & 3rd Mon., 5:30 PM, Foster Conf. Room. (A) Purchase of Capital Equipment: LineLazer Airless
Professional Striping Machine. (B) Resolution to Surplus City Equipment for 2016. (C) Transportation Element of the
Comprehensive Plan Work Plan for Approval.
➢ Tukwila Historical Society: 3rd ,rhurs., 7:00 PM, Tukwila Heritage & Cultural Center, 14475 590' Avenue S.
Contact Louise Jones -Brown at 206 -244 -4478.
➢Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Valley View Sewer District. Contact Chief Villa at 206- 433 -1815.
➢ Utilities Committee: 2nd & 4th Tues., 5:30 PM, Foster Conf. Room.
109
110
Tentative Agenda
Schedule
` MONTH
MEETING .=
' MEETING 2:-
MEETING
:t
REGULAR :
. C.O M
REGLJt",
April
4
11
18
25
See agenda packet
Special Presentation:
cover sheet for this
Teens for Tukwila
week's agenda
update on NLC
(April 18, 2016
Conference.
Regular Meeting).
Public Hearing:
An ordinance for
wireless
communications
facilities.
Special Issues:
-An ordinance for
wireless
communication
facilities.
- Discussion of
recipient
recommendations
for the $10,000
Tukwila City of
Opportunity
Scholarship.
- 2017 -2018 Budget
Priorities.
May
2
9
16
23
Special Presentations:
Special Presentations:
Special Presentations:
- Recognize the
Update on the King
New employee
promotion and
County Metro Transit
introductions.
swearing in of
Long Range Plan.
Commander Doug
Johnson
Appointments/
-Life Saving Medal
Proclamations:
awarded to Officer
Affordable Housing
Jami Suedel.
Week Proclamation.
-2015 Police
Department Annual
Report.
-2015 Annual
Report "Alive and
Free" Program.
Committee of the
Whole to be followed
by a Special Meeting.
Unfinished Business:
2017 -2018 Budget
Priorities.
110