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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 El s. 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 •,G�� 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 -7�, 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 DWT 28631851v6 0060585- 000001 27 DocuSign Envelope ID: 7FA497BE -B9F9- 4275- A63F- 761A1EBD8Al2 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 DWT 28631851 v6 0060585- 000001 i DocuSign Envelope ID: 7FA497BE -B9F9- 4275 -A63F -761 AlEBD8Al2 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 DWT 28631851 v6 0060585- 000001 29 DocuSign Envelope ID: 7FA497BE -B9F9- 4275 -A63F -761 AlEBD8Al2 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 DWT 28631851v6 0060585- 000001 30 DocuSign Envelope ID: 7FA497BE -B9F9- 4275- A63F- 761A1EBD8Al2 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 DWT 28631851v6 0060585- 000001 31 DocuSign Envelope ID: 7FA497BE-B9F9-4275-A63F-761A1 EBD8A1 2 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 DWT 28631851v6 0060585- 000001 32 DocuSign Envelope ID: 7FA497BE -B9F9- 4275 -A63F -761 AlEBD8Al2 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. 4CULTURE PAGE 7 DWT 28631851v6 0060585- 000001 33 DocuSign Envelope ID: 7FA497BE -B9F9- 4275- A63F- 761A1EBD8Al2 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. 4CULTURE PAGE 8 DWT 28631851v6 0060585- 000001 34 DocuSign Envelope ID: 7FA497BE -B9F9- 4275- A63F- 761A1EBD8Al2 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. 4CULTURE PAGE 9 DWT 2863185lv6 0060585- 000001 35 DocuSign Envelope ID: 7FA497BE -B9F9- 4275- A63F- 761A1EBD8Al2 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. 4CULTURE PAGE 10 DWT 2863185lv6 0060585- 000001 36 DocuSign Envelope ID: 7FA497BE -B9F9- 4275- A63F- 761A1EBD8Al2 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, 4CULTURE PAGE 11 DWT 2863185lv6 0060585- 000001 37 DocuSign Envelope ID: 7FA497BE -B9F9- 4275 -A63F -761 AlEBD8Al2 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. 4CULTURE PAGE 12 DWT 28631851v6 0060585 - 000001 i DocuSign Envelope ID: 7FA497BE -B9F9- 4275- A63F- 761A1EBD8Al2 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. 4CULTURE PAGE 13 DWT 28631851 v6 0060585- 000001 39 DocuSign Envelope ID: 7FA497BE -B9F9- 4275- A63F- 761A1EBD8Al2 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. 4CULTURE PAGE 14 DWT 28631851v6 0060585- 000001 Me DocuSign Envelope ID: 7FA497BE -B9F9- 4275- A63F -761A1 EBD8Al2 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. 4CULTURE PAGE 15 DWT 28631851 v6 0060585- 000001 41 DocuSign Envelope ID: 7FA497BE -B9F9- 4275- A63F- 761A1EBD8Al2 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. 4CULTURE PAGE 16 DWT 28631851 v6 0060585- 000001 M DocuSign Envelope ID: 7FA497BE -B9F9- 4275- A63F- 761A1EBD8Al2 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." 4CULTURE PAGE 17 DWT 28631851v6 0060585- 000001 43 DocuSign Envelope ID: 7FA497BE -B9F9- 4275 -A63F -761 AlEBD8Al2 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: 4CULTURE PAGE 18 DWT 2863185lv6 0060585- 000001 ii GRANT RECIPIENT: Enter Your Name DocuSign Envelope ID: 7FA497BE-B9F9-4275-A63F-761 Al EBD8AI 2 4CULTURE PAGE 19 DWT 28631851x6 0060585-000001 45 M Donu8ign Envelope ID: 7rx497eE-eoro-4o7n-A03p-7o1AwEuD8x1u 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 Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Dale El Otbe Mtg Date 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 Page 1 of 31 ,MA 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; Page 2 of 31 .:, (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. Page 3 of 31 • 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 Page 4 of 31 70 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. Page 5 of 31 71 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 Page 6 of 31 72 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 Page 7 of 31 73 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. Page 8 of 31 74 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. Page 9 of 31 75 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 Page 10 of 31 76 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. Page 11 of 31 77 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