HomeMy WebLinkAboutPCD 2023-01-17 COMPLETE AGENDA PACKETCity of Tukwila
Planning and Community
Development Committee
O Kathy Hougardy, Chair
De'Sean Quinn
O Thomas McLeod
AGENDA
Distribution:
K. Hougardy
D. Quinn
T. McLeod
C. Delostrinos Johnson
Mayor Ekberg
D. Cline
R. Bianchi
C. O'Flaherty
A. Youn
L. Humphrey
*TUESDAY,* JANUARY 17, 2023 — 5:30 PM
THIS MEETING WILL BE CONDUCTED USING A HYBRID MODEL, WITH ATTENDANCE
AVAILABLE BOTH ON-SITE AT TUKWILA CITY HALL AND ALSO VIRTUALLY.
ON-SITE PRESENCE WILL BE IN THE HAZELNUT CONFERENCE ROOM
(6200 SOUTHCENTER BOULEVARD)
THE PHONE NUMBER FOR THE PUBLIC TO LISTEN TO THIS
MEETING IS: 1-253-292-9750, Access Code 631186623#
Click here to: Join Microsoft Teams Meeting
For Technical Support during the meeting call: 1-206-433-7155.
Item
Recommended Action
Page
1. BUSINESS AGENDA
a. A grant contract with Makers for Middle Housing.
a. Forward to 1/23 C.O.W. &
Pg.1
Neil Tabor, Senior Planner
Special Meeting Consent
Agenda.
b. 2023-2024 Seattle Seawolves partnership agreement.
b. Forward to 2/6 Regular
Pg.19
Brandon Miles, Business Relations Manager
Meeting Consent Agenda.
c. An update on the Economic Development
c. Discussion only.
Pg.35
2023 Work Plan.
Derek Speck, Economic Development Administrator
d. 2023 Committee work plan.
d. Discussion only.
Pg.39
Laurel Humphrey, Legislative Analyst
2. MISCELLANEOUS
Next Scheduled Meeting: February 6, 2023
SThe City of Tukwila strives to accommodate individuals with disabilities.
Please contact the City Clerk's Office at 206-433-1800 (TukwilaCityClerk@TukwilaWA.gov) for assistance.
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Planning and Community Development Committee
FROM: Nora Gierloff, AICP, Community Development Director
BY: Neil Tabor, AICP, Senior Planner
CC: Mayor Ekberg
DATE: January 17, 2023
SUBJECT: Middle Housing Grant
Consultant Selection and Agreement
ISSUE
Approve a grant -funded contract with Makers — Architecture, Planning and Urban Design to
provide services to complete deliverables related to Middle Housing, including $100,000 for
consultant services and $30,000 for community based organizations, totaling $130,000.
BACKGROUND
The City received and Council approved a grant from the Washington Department of Commerce
for work analyzing opportunities to allow additional Middle Housing with the City. Minimum
deliverables as a requirement of this grant include:
• A public engagement plan and results;
• analysis of racial equity, and proposed housing element policy amendments to address
anti -displacement;
• a staff report identifying possible amendments to support Middle Housing, including
possible changes to regulations, fee structures, incentives, and permitting procedures to
be considered in the plan update; and
• policy suggestions to increase density in proximity to transit nodes and analyze allowing
middle housing types in areas currently zoned as single-family.
Under the agreement with the Department of Commerce deliverables must be completed by
June 30, 2023. Staff is requesting accelerated review of this contract due to the short time frame
for its completion. The contract between Makers and Tukwila is currently being finalized and
reviewed by legal staff. The finalized contract would be provided in the 1/23/23 Council packet
as an attachment to council.
Deliverables associated with this grant will satisfy portions of the requirements of the overall
comprehensive plan. A separate grant from the Department of Commerce for $125,000 will be
available for other Comprehensive Plan update work.
ANALYSIS
Community Development staff issued a Request for Qualifications (RFQ) in November. Of the
four firms that submitted proposals, two firms were interviewed in December. Staff selected
Makers as the most qualified firm for the project and have been working with them to finalize the
scope of work and contract.
The grant generally includes three topic areas, including public engagement, racial equity and
housing policy review, and potential zoning amendments. Work would be conducted between
January and June 2023, and complete certain requirements of the overall Comprehensive Plan
update. This work would further support other Comprehensive Plan update requirements and
1
2
INFORMATIONAL MEMO
Page 2
overall community engagement efforts. More detail on the agreed deliverables can be found in
Attachment A.
FINANCIAL IMPACT
The contract agreement will be supported by the $130,000 grant awarded by the Washington
Department of Commerce for this work. This grant has no match requirement.
Grant Award
Department of Commerce Grant $130,000
Required Match $0
Total $130,000
RECOMMENDATION
The Council is being asked to forward this item to the January 23rd, 2023 Committee of the
Whole Meeting and January 23rd, 2023 Special Meeting consent agenda. This action will
authorize the Mayor to sign the contract agreement for $130,000 between the City of Tukwila
and Makers to complete a scope of work for Middle Housing deliverable in support of the City's
grant with the Washington Department of Commerce grant and the comprehensive plan update.
ATTACHMENTS:
A. Grant agreement between Washington Department of Commerce and City of Tukwila
https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/DCD/1-17-23 PCD Middle Housing Contractllnformational Memorandum, Makers
Contract Approval.docx
DocuSign Envelope ID: 1 D45CF25-58F1-4353-A08D-292CC490DB55
wWashington State
amila Department of
1F44 .7 Commerce
Interagency Agreement with
City of Tukwila
through
Growth Management Services
For
Start date:
Middle Housing Grant
Date of Execution
22-159
Council Approval 10/17/22
3
DocuSign Envelope ID: 1 D45CF25-58F1-4353-A08D-292CC490DB55
TABLE OF CONTENTS
Special Terms and Conditions
1. Authority 1
2. Contract Management 1
3. Compensation 1
4. Billing Procedures and Payment 1
5. Insurance 2
6. Subcontractor Data Collection 2
7. Order of Precedence 2
General Terms and Conditions
1. Definitions 3
2. All Writings Contained Herein 3
3. Amendments 3
4. Assignment 3
5. Confidentiality and Safeguarding of Information... 3
6. Copyright 4
7. Disputes 4
8. Governing Law and Venue 4
9. Indemnification 4
10. Licensing, Accreditation and Registration 5
11. Recapture 5
12. Records Maintenance 5
13. Savings 5
14. Severability 5
15. Subcontracting 5
16. Survival 6
17. Termination for Cause 6
18. Termination for Convenience.... 6
19. Termination Procedures ... 6
20. Treatment of Assets.......... 7
21. Waiver 7
Attachment A, Scope of Work
Attachment B, Budget
4
DocuSign Envelope ID: 1 D45CF25-58F1-4353-A08D-292CC490DB55
FACE SHEET
Contract Number: 23-63326-027
Washington State Department of Commerce
Local Government Division
Growth Management Services
Middle Housing Grant
1. Contractor
City of Tukwila
6300 Southcenter Blvd, Suite #100
Tukwila, WA 98188
2. Regional planner
Catherine McCoy
Senior Planner
360-280-3147
catherine.mccoy@commerce.wa.gov
NJA
3. Contractor Representative
Nancy Eklund, AICP
Long Range Planning Manager
206-433-7141
Nancy.Eklund@TukwilaWA.gov
4. COMMERCE Representative
Shane Hope PD Box 42525
Senior Planner 1011 Plum Street SE
(360) 725-3127 Olympia Washington
shane.hope@commerce.wa.gov 98504-2525
5. Contract Amount
$130,000
6. Funding Source
Federal: ❑ State:
11
Other: ❑ N/A: 0
7. Start Date
Date of Execution
8. End Date
June 30, 2023
9. Federal Funds (as applicable) Federal Agency: CFDA Number
NA NA NA
10.Tax ID#
NA
11.SWV#
S W V0018023
12.UBI#
179-000-208
13. DUNS#
NA
14. Contract Purpose
Implementation of Middle Housing grant for the purpose of funding actions needed to evaluate the adoption of middle housing types
on thirty percent (30%) or more of lots that, before this work, only allowed single family development.
15. Signing Statement
COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of
this. Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their
respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following
documents hereby incorporated by reference: Attachment "A" — Scope of Work and Attachment "B" — Budget.
FOR CONTRACTOR NG
FOR COMMERCE
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Allan Ekberg, Mayor
City of Tukwila
12-23-2022
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Mark K. Barkley, Assistant Director
Local Government Division
1/5/2023 1 9:48 AM PST
Date
APPROVED AS TO FORM ONLY BY ASSISTANT
ATTORNEY GENERAL 08/2212019.
APPROVAL ON FILE.
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APPROVED AS TO FORM
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5
DocuSign Envelope ID: 1 D45CF25-58F1-4353-A08D-292CC490DB55
6
SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
1. AUTHORITY
COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34
ROW.
2. CONTRACT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for all
communications and billings regarding the performance of this Contract.
The Representative for COMMERCE and their contact information are identified on the Face Sheet of
this Contract.
The Representative for the Contractor and their contact information are identified on the Face Sheet of
this Contract.
3. COMPENSATION
COMMERCE shall pay an amount not to exceed one -hundred and thirty thousand dollars ($130,000) for
the performance of all things necessary for or incidental to the performance of work under this Contract as
set forth in the performance-based Scope of Work (Attachment A) and Budget (Attachment B).
4. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed
invoices, which shall be submitted to the Representative for COMMERCE not more often than quarterly.
The parties agree this is a performance-based contract intended to produce the deliverables identified in
Scope of Work (Attachment A). Payment of any invoice shall be dependent upon COMMERCE'S
acceptance of Contractor's performance and/or deliverable. The invoices shall describe and document, to
COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The
invoice shall include the Contract Number 23-63326-027.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt
of properly completed invoices. Payment shall be sent to the address designated by the Contractor.
COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of
this Contract.
No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall
be made by COMMERCE.
The grantees must invoice for all expenses by June 17, 2023. All contracts with community based
organizations must be submitted by June 17, 2023.
COMMERCE will pay Contractor for costs incurred prior to the start date of this Agreement, if such costs
would have been allowable on or after July 1, 2022. To be allowable, such costs must be limited to the
completion of tasks and deliverables outlined in the Scope of Work (Attachment A).
Duplication of Billed Costs
The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE
shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other
source, including grants, for that service.
Disallowed Costs
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization
or that of its subcontractors.
State of Washington
Interagency Agreement Updated August 2019
Department of Commerce Page 1
DocuSign Envelope ID: 1 D45CF25-58F1-4353-A08D-292CC490DB55
SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
5. INSURANCE
Each party certifies that it is self-insured under the State's or local government self-insurance liability
program, and shall be responsible for losses for which it is found liable.
6. SUBCONTRACTOR DATA COLLECTION
Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed
by the parties, regarding work under this Agreement performed by subcontractors and the portion of funds
expended for work performed by subcontractors, including but not necessarily limited to minority-owned,
woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall mean subcontractors
of any tier.
7. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence
in the following order:
• Applicable federal and state of Washington statutes and regulations
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A — Scope of Work
• Attachment B — Budget
State of Washington
Interagency Agreement Updated August 2019
Department of Commerce Page 2
7
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8
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
1. DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to
act on the Director's behalf.
B. "COMMERCE" shall mean the Department of Commerce.
C. "Contract" or "Agreement" means the entire written agreement between COMMERCE and the
Contractor, including any attachments, documents, or materials incorporated by reference. E-mail
or facsimile transmission of a signed copy of this contract shall be the same as delivery of an
original.
D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this
Contract, and shall include all employees and agents of the Contractor.
E. "Personal Information" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or receipt
of governmental services or other activities, addresses, telephone numbers, social security
numbers, driver license numbers, other identifying numbers, and any financial identifiers.
F. "State" shall mean the state of Washington.
G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or
part of those services under this Contract under a separate contract with the Contractor. The terms
"subcontractor" and "subcontractors" mean subcontractor(s) in any tier.
2. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
3. AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
4. ASSIGNMENT
Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred
or assigned by the Contractor without prior written consent of COMMERCE.
5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
i. All material provided to the Contractor by COMMERCE that is designated as "confidential" by
COMMERCE;
ii. All material produced by the Contractor that is designated as "confidential" by COMMERCE;
and
iii. All personal information in the possession of the Contractor that may not be disclosed under
state or federal law.
B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information
solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of COMMERCE or
as may be required by law. The Contractor shall take all necessary steps to assure that Confidential
Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of
Confidential Information or violation of any state or federal laws related thereto. Upon request, the
Contractor shall provide COMMERCE with its policies and procedures on confidentiality.
State of Washington
Interagency Agreement Updated August 2019
Department of Commerce Page 3
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
COMMERCE may require changes to such policies and procedures as they apply to this Contract
whenever COMMERCE reasonably determines that changes are necessary to prevent
unauthorized disclosures. The Contractor shall make the changes within the time period specified
by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any
Confidential Information that COMMERCE reasonably determines has not been adequately
protected by the Contractor against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working
days of any unauthorized use or disclosure of any confidential information, and shall take necessary
steps to mitigate the harmful effects of such use or disclosure.
6. COPYRIGHT
Unless otherwise provided, all Materials produced under this Contract shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be
considered the author of such Materials. In the event the Materials are not considered "works for hire"
under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in
all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE
effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability
to transfer these rights.
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not
produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty -
free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and
represents that the Contractor has all rights and permissions, including intellectual property rights,,
moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Contract, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Contract. The
Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement
received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE
shall have the right to modify or remove any restrictive markings placed upon the Materials by the
Contractor.
7. DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in
the following manner: Each party to this Agreement shall appoint one member to the Dispute Board.
The members so appointed shall jointly appoint an additional member to the Dispute Board. The
Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a
determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority
prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As
an alternative to this process, either of the parties may request intervention by the Governor, as
provided by RCW 43.17.330, in which event the Governor's process will control.
8. GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of Washington,
and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior
Court for Thurston County.
9. INDEMNIFICATION
Each party shall be solely responsible for the acts of its employees, officers, and agents.
State of Washington
Interagency Agreement Updated August 2019
Department of Commerce Page 4
9
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10
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
10. LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
11. RECAPTURE
In the event that the Contractor fails to perform this Contract in accordance with state laws, federal
laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an
amount to compensate COMMERCE for the noncompliance in addition to any other remedies available
al law or in equity.
Repayment by the Contractor of funds under this recapture provision shall occur within the time period
specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments
due under this Contract.
12. RECORDS MAINTENANCE
The Contractor shall maintain books, records, documents, data and other evidence relating to this
contract and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of this contract.
The Contractor shall retain such records for a period of six (6) years following the date of final payment.
At no additional cost, these records, including materials generated under the contract, shall be subject
at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall
be retained until all litigation, claims, or audit findings involving the records have been resolved.
13. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or
terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day
notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding
limitations and conditions.
14. SEVERABILITY
The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the contract.
15. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written
approval of COMMERCE. Subcontracting with multiple community based organizations is encouraged
for this granting program. COMMERCE shall approve each community based organization, such
approval to be provided in writing.
If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they
relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity;
or (c) require the Contractor to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The
Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term
or condition of this Contract. The Contractor shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a
State of Washington
Interagency Agreement Updated August 2019
Department of Commerce Page 5
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach
in the performance of the Contractor's duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for
claims or damages arising from a Subcontractor's performance of the subcontract.
16. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract shall
so survive.
17. TERMINATION FOR CAUSE
In the event COMMERCE determines the Contractor has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before
suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need
to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be
terminated or suspended.
In the event of termination or suspension, the Contractor shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original contract and the replacement
or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of
the competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to
terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is
determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her
control, fault or negligence.
The rights and remedies of COMMERCE provided in this contract are not exclusive and are in addition
to any other rights and remedies provided by law.
18. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If
this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms
01 this Contract for services rendered or goods delivered prior to the effective date of termination.
19. TERMINATION PROCEDURES
Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract,
may require the Contractor to deliver to COMMERCE any property specifically produced or acquired
for the performance of such part of this contract as has been terminated. The provisions of the
"Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case the
Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree
with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract.
COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized
Representative determines to be necessary to protect COMMERCE against potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
State of Washington
Interagency Agreement Updated August 2019
Department of Commerce Page 6
11
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12
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Contractor shall:
A. Stop work under the contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the contract that is not terminated;
C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized
Representative, all of the rights, title, and interest of the Contractor under the orders and
subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or
pay any or all claims arising out of the termination of such orders and subcontracts;
D. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the Authorized Representative to the extent the
Authorized Representative may require, which approval or ratification shall be final for all the
purposes of this clause;
E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by
the Authorized Representative any property which, if the contract had been completed, would have
been required to be furnished to COMMERCE;
F. Complete performance of such part of the work as shall not have been terminated byte Authorized
Representative; and
G. Take such action as may be necessary, or as the Authorized Representative may direct, for the
protection and preservation of the property related to this contract, which is in the possession of
the Contractor and in which the Authorized Representative has or may acquire an interest.
20. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct
item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property
by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this
contract, shall pass to and vest in COMMERCE upon 0) issuance for use of such property in the
performance of this contract, or (ii) commencement of use of such property in the performance of this
contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first
occurs.
A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this contract.
B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results
from the negligence of the Contractor or which results from the failure on the part of the Contractor
to maintain and administer that property in accordance with sound management practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify
COMMERCE and shall take all reasonable steps to protect the property from further damage.
D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this contract
All reference to the Contractor under this clause shall also include Contractor's employees, agents
or Subcontractors.
21. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.
Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be
such in writing and signed by Authorized Representative of COMMERCE.
State of Washington
Interagency Agreement Updated August 2019
Department of Commerce Page 7
DocuSign Envelope ID: 1 D45CF25-58F1-4353-A08D-292CC490DB55
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
SOURCE: Section 189 of Engrossed Substitute Senate Bill 5693, of the supplemental operating budget for fiscal
year 2023 is provided solely for Commerce to administer grants to eligible cities for actions relating to adopting
ordinances that would authorize middle housing types on at least 30 percent of lots currently zoned as single family
residential. For the purposes of this grant program, "middle housing types" include duplexes, triplexes, fourplexes,
fiveplexes, sixplexes, townhouses, courtyard apartments, cottage housing, and stacked flats.
(a) A city is eligible to receive a grant if:
i. The city is required to plan under RCW 36.70A.040; and
ii. The city is required to take action on or before June 30, 2024, to review and, if needed,
revise its comprehensive plan and development regulations pursuant to RCW
36.70A.130(5)(a).
(b) Grant recipients must use grant funding for costs to conduct at least three of the following
activities:
1. Analyzing comprehensive plan policies and municipal code to determine the extent of
amendments required to meet the goal of authorizing middle housing types on at least 30
percent of lots currently zoned as single family residential;
ii. Preparing informational material for the public;
iii. Conducting outreach, including with the assistance of community-based organizations, to
inform and solicit feedback from a representative group of renters and owner -occupied
households in residential neighborhoods, and from for-profit and nonprofit residential
developers;
iv. Drafting proposed amendments to zoning ordinances for consideration by the city
planning commission and city council;
v. Holding city planning commission public hearings;
vi. Publicizing and presenting the city planning commission's recommendations to the city
council; and
vii. Holding city council public hearings on the planning commission's recommendations.
(c) Before updating their zoning ordinances, a city must use a racial equity analysis and establish
antidisplacernent policies as required under RCW 36.70A.070(2)(e) through (h) to ensure there will
be no net displacement of very low, low, or moderate -income households, as defined in RCW
43.63A.510, or individuals from racial, ethnic, and religious communities which have been subject
to discriminatory housing policies in the past.
(d) Commerce will prioritize applicants who:
i. Aim to authorize middle housing types in the greatest proportion of zones; and
ii. Subcontract with multiple community-based organizations that represent different
vulnerable populations in overburdened communities, as defined in RCW 70A.02.010,
that have traditionally been disparately impacted by planning and zoning policies and
practices, to engage in eligible activities as described in (b) of this subsection.
Commerce will be monitoring the contracts biannually to review progress in meeting milestones,
deliverables and invoicing.
State of Washington
Interagency Agreement Updated August 2019
Department of Commerce Page 9
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Attachment A
Scope of Work
Steps/
Deliverables
Description
Start Date
End Date
ACTION 1
PUBLIC ENGAGEMENT ACTIVITIES
July 2022
June 2023
Step 1.1
Develop community engagement plan
July 2022
November
2022
Step 1.2
Subcontract with community-based organizations
July 2022
November
2022
Step 1.3
Develop outreach communications, surveys, mapping, and public
presentations
July 2022
February 2023
Step 1.4
Conduct public engagement activities
January 2023
April 2023
Ueliv
1a
public Engagement Plan
July 2022
Nov. 30,
2022
Deliverable
1b
Public Engagement Results
July 2022
May 31,
2023
ACTION 2
RACIAL EQUITY REPORT & HOUSING POLICY REVIEW
July 2022
June 2023
Step 2.1
Access supports from Commerce technical assistance staff.
Sept 2022
May 2023
Step 2.2
Identify local policies and regulations that result in racially
disparate impacts, displacement, and exclusion in housing,
including: zoning that may have a discriminatory effect;
disinvestment; and infrastructure availability.
July 2022
Sept 2022
Step 2.3
Identify areas that may be at higher risk of displacement from
market forces that occur with changes to zoning development
regulations.
July 2022
Sept 2022
Step 2.4
Evaluate displacement risk of very low, low, and moderate income
households.
Sept 2022
January 2023
Step 2.5
Evaluate displacement risk of individuals from racial, ethnic, and
religious communities which have been subject to discriminatory
housing policies in the past.
Sept 2022
January 2023
Step 2.6
Develop policies and regulations to address and begin to undo the
impacts of local policies and regulations that result in racially
disparate impacts, displacement, and exclusion in housing.
July 2022
March 2023
14
DocuSign Envelope ID: 1 D45CF25-58F1-4353-A08D-292CC490DB55
Attachment A
Steps/
Deliverables
Description
Start Date
End Date
Step 2.7minimize
Develop anti -displacement strategies, including strategies to
displacement of low-income residents resulting from
redevelopment.
July 2x22
March 2023
Step 2.8
Develop anti -displacement policy documents that include a
schedule of programs and actions to implement the anti-
displacement strategies including a timeline.
Nov 2022
March 2023
Deliverable 2a
Racial equity analysis report
Aorii 15, 2I
Deliverable 2b
Proposed Housing Element policy updates, including
May 31, 202
ACTION 3
ZONING AMENDMENTS
Nov 2022
June 2023
Step 3.1
Review and evaluate the current housing element and other
policies to support middle housing.
September
2022
January 2023
Step 3.2
Review buildable lands report and current residential land uses
for potential to allow middle housing, or where station areas or
higher intensity uses might be defined, or where commercial
areas might be converted for residential or mixed use
development.
October 2022
February 2023
Step 3.3
Review current programs, development regulations, impact fees,
system development charges, and permitting processes as to how
they might encourage or discourage the development of
multiunit housing. Consider also how building code requirements
impact development of multi -unit housing structures.
October 2022
Jan 2023
Step 3.4
Identify conditions and incentives that encourage or deter
development community from building missing middle housing in
Tukwila.
October 2022
January 2023
Step 3.5
Identify bonus densities and incentives for affordable housing to
accompany changes in zoning that can increase density.
Jan 2023
Feb 2023
Step 3.6
Identify various homeownership options that can be readily
utilized and promoted to incorporate into the development of
missing middle housing types.
October 2022
January 2023
Step 3.7
Gather data, analyze and review to understand the realistic
potential of the various changes. Examine existing financial
feasibility analysis addressing development of various housing
typologies in various zones to identify opportunities and potential
gaps of understanding.
Jan 2023
Feb 2023
15
DocuSign Envelope ID: 1 D45CF25-58F1-4353-A08D-292CC490DB55
Attachment A
Steps/
Deliverables
Description
Start Date
End Date
Deliverable
3a
Middle housing staff report identifying changes
needed to support middle housing in Tukwila,
including recommended changes to policies,
regulations, fee structures, incentives, and permitting
procedures to be considered with periodic update.
December
2022
June 15,
2023
Deliverable
3b
Draft ordinance to increase density in proximity to
transit nodes and authorizes middle housing types
and ADUs on Tots currently zoned as single family.
June 15,
2023
16
DocuSign Envelope ID: 1 D45CF25-58F1-4353-A08D-292CC490DB55
Budget
Budget
Grant Objective:
Attachment B
Commerce Funds
Deliverable la. Public Engagement Plan
Deliverable 1b. Public Engagement Results
$ 7,000
$ 25,000
Deliverable 2a. Racial Equity Analysis
$ 21,000
Deliverable 2b. Housing Element policy updates
$ 20,000
Deliverable 3a. Middle housing staff report
$ 20,000
Deliverable 3b. Draft ordinance
$ 7,000
Total:
$100,000
Contracting with Community Based Organizations
$30,000
17
18
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Planning and Community Development
FROM: Brandon Miles, Business Relations Manager
CC: Mayor Ekberg
DATE: January 9, 2023
SUBJECT: Tourism Promotion: Seattle Seawolves 2023/2024 Partnership Agreement
ISSUE
Authorize the Mayor to sign a partnership agreement with the Seattle Seawolves for the 2023
and 2024 seasons in an amount not to exceed $150,000 ($75,000 per season). Only lodging tax
(tourism funding) will be used for this agreement, no general fund dollars will be used.
BACKGROUND
On December 5, 2022 the City Council approved a lodging tax funding request from the City of
Tukwila, Office of Economic Development for a two-year partnership agreement with the Seattle
Seawolves. The Seattle Seawolves is a professional rugby team playing in Major League Rugby
(MLR) and play all of its home games at Starfire Sports in Tukwila. The total two-year
sponsorship will not exceed $150,000. Since the contract is over $40,000 City Council
authorization is required.
DISCUSSION
The Seattle Seawolves and MLR are growing in popularity both in the Seattle region and
nationwide. The Seawolves regular host sold out games at Starfire Sports and have a strong
online presence. The goal of the sponsorship is to:
1. Drive heads in bests in Tukwila hotels.
2. Drive more traffic to area businesses.
3. Build and promote the Tukwila brand.
4. Create a connection and build out more opportunities with the rugby community.
The City's goal is to create a brand of "rugby town USA" for Tukwila, this partnership agreement
helps the City in working towards this goal.
FINANCIAL IMPACT
The total contract will not exceed $150,000 ($75,000 per year). Only lodging tax (tourism) funds
will be used. No general fund dollars will be used for this agreement.
RECOMMENDATION
Forward to the February 6 consent agenda.
Note, a draft agreement is attached for review by PCD. Staff is still working to finalize some of
the language with legal and the Seawolves.
ATTACHMENTS
• Draft Agreement
• Seattle Seawolves Funding Request Application (previously reviewed by the City Council)
19
20
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
DRAFT
Contract Number:
CONTRACT FOR LODGING TAX FUNDING
This contract (hereinafter referred to as "the Agreement") is entered into by and between the
City of Tukwila, Washington ("the City"), a non -charter optional municipal code city, and Seattle Rugby,
LLC (dba Seattle Seawolves Rugby) ("the Contractor"), whose principal office is located at 14900
Interurban Ave S, Ste. 268, Tukwila, WA 98168.
WHEREAS, the City imposes a special excise tax under Chapter 82.08 Revised Code of
Washington (RCW), known as the "lodging tax," on furnishing of lodging in hotels, motels and similar
business enterprises, as authorized under Chapter 67.28 RCW; and
WHEREAS, the City is authorized to use the lodging tax revenue for tourism promotion, as
defined by Chapter 67.28 RCW; and
WHEREAS, Contractor is able to help promote the City to both overnight and day visitors,
driving business to Tukwila restaurants, hotels, retailers, and entertainment establishments; and
WHEREAS, on October 28, 2022, the City's Lodging Tax Advisory Committee considered and
approved the City's request to obtain lodging tax revenue for tourism promotion; and
WHEREAS, the City concurs with the Lodging Tax Advisory Committee's recommendation to
provide lodging tax revenue to Contractor for tourism promotion; and
WHEREAS, it is appropriate for the City to compensate the Contractor for the costs of
promoting tourism (both day and overnight) in the City; and
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
1. Scope and Schedule of Services to be Performed by Contractor. Contractor shall perform
those services described on Exhibit A attached hereto and incorporated herein by this reference as
if fully set forth. In performing such services, Contractor shall at all times comply with all Federal,
State, and local statutes, rules and ordinances applicable to the performance of such services and
the handling of any funds used in connection therewith. Contractor shall request and obtain prior
written approval from the City if the scope or schedule is to be modified in any way.
2. Compensation and Method of Payment. The City shall pay Contractor for services rendered
according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by
this reference. The total amount to be paid by the City shall not exceed $150,000. The City shall
also provide, subject to space limitation, and use limitations, access to a City billboard at the corner
of West Valley Hwy and S.180th Street, with a total in-kind contribution of $10,000
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CA Revised
Page 1 of 8
21
3. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing
February 1, 2023 and ending December 31, 2024, unless sooner terminated under the provisions
hereinafter specified.
4. Independent Contractor. Contractor and City agree that Contractor is an independent contractor
with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall
be considered to create the relationship of employer and employee between the parties hereto.
Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City
employees by virtue of the services provided under this Agreement. The City shall not be
responsible for withholding or otherwise deducting federal income tax or social security or
contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an
employer with respect to the Contractor, or any employee of the Contractor.
5. Indemnification. Each party shall defend, indemnify and hold harless the other party, its officers,
officials, employees, and volunteers from any and all claims, injuries, damages, losses or suits
including attorney fees, arising out of or in connection with the performance of this Agreement,
except for injuries and damages caused by the sole negligence of either party. Contractor shall
defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers
out of or in connection with the performance of this Agreement, except for injuries and damages
caused by the sole negligence of the City. Should a court of competent jurisdiction determine that
this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of
bodily injury to persons or damages to property caused by or resulting from the concurrent
•
liability hereunder shall be only to the extent of Contractor's negligence. It is further specifically and
cxprc-cly understood that the indemnification provided herein constitutes Contractor's waiver of
immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification.
This waiver has been mutually negotiated by the parties. The provisions of this section shall
survive the expiration or termination of this Agreement.
6. Insurance. Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, their agents, representatives,
employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and
limits as required herein shall not be construed to limit the liability of the Contractor to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or
in equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the
limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident. Automobile liability insurance shall cover all
owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability
coverage. If necessary, the policy shall be endorsed to provide contractual liability
coverage.
2. Commercial General Liability insurance with limits no Tess than $2,000,000 each
occurrence, $2,000,000 general aggregate and $2,000,000 products -completed operations
aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO
occurrence form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors, products -completed operations, stop gap liability, personal injury
and advertising injury, and liability assumed under an insured contract. The Commercial
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General Liability insurance shall be endorsed to provide a per project general aggregate
limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no
exclusion for liability arising from explosion, collapse or underground property damage. The
City shall be named as an additional insured under the Contractor's Commercial General
Liability insurance policy with respect to the work performed for the City using ISO
Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed
Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as
broad coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State
of Washington.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher
insurance limits than the minimums shown above, the Public Entity shall be insured for the full
available limits of Commercial General and Excess or Umbrella liability maintained by the
Contractor, irrespective of whether such limits maintained by the Contractor are greater than
those required by this Contract or whether any certificate of insurance furnished to the Public
Entity evidences limits of liability lower than those maintained by the Contractor.
C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General
Liability insurance policies are to contain, or be endorsed to contain that they shall be primary
insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and shall not contribute
with it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best
rating of not less than A: VII.
E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy
of the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before commencement
of the work. Upon request by the City, the Contractor shall furnish certified copies of all
required insurance policies, including endorsements, required in this Agreement and evidence
of all subcontractors' coverage.
F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide
insurance coverage that complies with all applicable requirements of the Contractor -provided
insurance as set forth herein, except the Contractor shall have sole responsibility for
determining the limits of coverage required to be obtained by Subcontractors. The Contractor
shall ensure that the City is an additional insured on each and every Subcontractor's
Commercial General liability insurance policy using an endorsement as least as broad as ISO
CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations.
G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for
this work with written notice of any policy cancellation, within two business days of their receipt
of such notice.
H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance
as required shall constitute a material breach of contract, upon which the City may, after giving
five business days notice to the Contractor to correct the breach, immediately terminate the
contract or, at its discretion, procure or renew such insurance and pay any and all premiums in
connection therewith, with any sums so expended to be repaid to the City on demand, or at the
sole discretion of the City, offset against funds due the Contractor from the City.
8. Record Keeping and Reporting.
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23
A. The Contractor shall maintain accounts and records, including personnel, property, financial
and programmatic records which sufficiently and properly reflect all direct and indirect costs of
any nature expended and services performed in the performance of this Agreement and other
such records as may be deemed necessary by the City to ensure the performance of this
Agreement.
B. These records shall be maintained for a period of seven (7) years after termination hereof
unless permission to destroy them is granted by the office of the archivist in accordance with
RCW Chapter 40.14 and by the City.
9. Audits and Inspections. 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 law during the performance
of this Agreement.
10. Termination. This Agreement may at any time be terminated by Tthe City bymay terminate this
Agreement immediately in the event of breach by the Contractor in providing the services and products
outlined in the Agreement. giving to the Contractor thirty (30) days written notice of the City's intention
to terminate the same. Failure to provide products on schedule may result in contract termination. If
the Contractor's insurance coverage is canceled for any reason, the City shall have the right to
terminate this Agreement immediately. Additionally,
• _ _ - _ _ _ should Contractor move any home games outside of
Tukwila, the City may cancelterminate this Agreement and will be entitled to a full refund of any funds
paid and shall not be responsible for any future payments.
In the event any home games are canceled due to COVID-19 or other circumstances outside the
control of Contractor, the City and Contractor shall work in good faith to modify the scope of services
outlined in exhibit "A" to provide value to the City in meeting its tourism promotional goals.
11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age,
veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the
presence of any disability, or any other protected class status under state or federal law, in the
selection and retention of employees or procurement of materials or supplies.
12. Assignment and Subcontract. Contractor shall not assign or subcontract any portion of the
services contemplated by this Agreement without the written consent of the City.
13. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Contractor and
supersedes all prior negotiations, representations, or agreements written or oral. No amendment
or modification of this Agreement shall be of any force or effect unless it is in writing and signed by
the parties.
14. Severability and Survival. If any term, condition or provision of this Agreement is declared void
or unenforceable or limited in its application or effect, such event shall not affect any other
provisions hereof and all other provisions shall remain fully enforceable. The provisions of this
Agreement, which by their sense and context are reasonably intended to survive the completion,
expiration or cancellation of this Agreement, shall survive termination of this Agreement.
15. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk, City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
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With a copy to:
Office of Economic Development
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
Brandon.Miles(a,Tukwilawa.gov
Notices to the Contractor shall be sent to the address provided by the Contractor upon the
signature line below.
16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed
in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other
proceeding is instituted to enforce any term of this Agreement, the parties specifically understand
and agree that venue shall be properly laid in King County, Washington. The prevailing party in
any such action shall be entitled to its attorney's fees and costs of suit.
DATED this day of , 20
CITY OF TUKWILA CONTRACTOR
By:
Allan Ekberg, Mayor Printed Name/Title:
ATTEST/AUTHENTICATED:
City Clerk, Christy O'Flaherty
APPROVED AS TO FORM:
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CA RevisedA
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25
Office of the City Attorney
Exhibit "A"
Scope of Services
A. Non -Exclusive use of Seattle Seawolves marks for advertising and promotional purposes.
B. Co -branded media Step & Repeat used for matchday fan zone activations, ROOT SPORTS broadcasts and
media interviews.
C. Presenting sponsor of one (1) Seawolves home match:
a. Presenting sponsor benefits include:
i. Promotion of game on ROOT SPORTS broadcast, including "Presented by" with City's
name and tourism mark exposure.
ii. Social media post leading up to the match with City's tourism mark and tag.
D. At least one (1) ROOT SPORTS TV billboard per ROOT SPORTS home broadcast (includes 7 seconds of
copy and tourism mark exposure).
E.Location for all 2022 home matches shall be listed as "Tukwila" and not reference Seattle.
F.A lodging establishment within the City of Tukwila, chosen by the Seawolves, shall serve as the official
hotel for all visiting teams.
G. The City and Contractor shall issue a joint press release highlighting the partnership.
H. City of Tukwila listed on Seawolves partner page with logo and copy.
I. Five (5) Seawolves jerseys with Experience Tukwila logo on back for City use.
J. Five (5) one-hour player appearances
K. City shall provide, subject to space availability and limitations, access for Seawolves to use the City
billboard at West Valley Hwy and S. 180th St. Seawolves are responsible for designing any digital ad on
the billboard and shall place the City's tourism mark on the display ad.
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L.Seawolves to provide one social media post highlight the City's partnership and support for the team and
rugby.
M. With final approval from the Seawolves, the City can issue a novelty "Hunting Licenses" to fans. The
license may allow for discounts at area businesses. Seawolves and City shall jointly agree to any
businesses included in the promotion.
N. The City may use the term "Home of the Seattle Seawolves" in its marketing and promotion activities.
1. Intellectual Property of the Parties
a. Seawolves
Seawolves hereby grant City a limited license to use the names, designs, illustrations,
logos, and trademarks of the Seawolves in connection with the promotion of this
sponsorship. As outlined in section 9 of this Agreement, City hereby grants Seawolves, for
the term of this Agreement, a limited license to use the names, design, illustrations, logos,
and trademarks of City in connection with the promotion of this sponsorship. All trademarks
should be reproduced accurately and all artwork using such marks must be approved in
advance. Each party shall have at least three (3) days prior to the printing of any materials
containing its name, logo, or other trademark to review and approve the use of such
material. All use, if any, of names or trademarks of either party shall inure solely to the
benefits of their respective owners. Nothing in the Agreement is intended to convey any right
or other interest in either party's proprietary marks to the other and each party shall retain all
copyrights in any materials provided to the other in connection with the sponsorship.
b. City of Tukwila
The City hereby grants to Contractor a worldwide, non-exclusive, non-transferrable, non-
sublicensable and royalty free right and license to use its name, logo, wordmarks or other
trademarks ("City of Tukwila Tourism Marks") in promotional, advertising, commercial and
marketing materials, in all formats and media including but not limited to digital, print, social
media to support the Event and Contractor's engagement and commitments under this
Agreement. Notwithstanding the foregoing, Contractor for purposes of performing its
obligations hereunder shall be permitted to warrant to third party service providers, providing
direct services related to this Agreement that it has the right to use City of Tukwila Marks.
However, the scope of this license to Contractor shall be interpreted as limited to
accomplishing the purposes set forth in this Agreement and for no other purpose.
Contractor may not use the City of Tukwila Marks in any manner for any purpose without
submitting such proposed use to the City for its prior written approval, which may not be
unreasonably withheld, conditioned or delayed. The use of the official seal of the City of
Tukwila by Contractor is not authorized under this agreement.
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27
Exhibit "B"
Compensation and Method of Payment
Total cash value of this Agreement is $150,000. Contractor shall provide the City with an invoice 30 -
days prior to the due dates below.
Payment #1, Due 30 days after mutual execution of the Agreement
• $25,000
Payment #2, Due April 30, 2023
• $25,000
Payment #3, Due June 30, 2023
• $25,000
Payment #4, Due January 30, 2024
• $25,000
Payment #5, Due April 30, 2024
• $25,000
Payment #6, due June 30, 2024
• $25,000
With the invoice for payment #3 and #6 (or the last invoice in the event of termination of this
Agreement) the Contractor shall provide the following information:
1. Total attendance for all home matches for the previous season (both exhibition and regular
season). As practical, data showing the geographic location of where fans live (Note, the City
does not want home addresses).
2. Estimated room nights generated by visiting teams and the name of the official hotel for the
away team.
3. Examples of digital posts, emails, or other collateral showing the City's sponsorship activities.
4. Any data the Contractor feels demonstrates the value of the partnership with the City.
The Contractor currently plays all of their home matches at Starfire Sports in Tukwila. Should
Contractor move any home games outside of Tukwila, the City may cancel this Agreement and will be
entitled to a full refund of any funds paid and shall not be responsible for any future payments.
In the event any home games are canceled due to COVID-19 or other circumstances outside the
control of Contractor, the City and Contractor shall work in good faith to modify the scope of services
outlined in exhibit "A" to provide value to the City in meeting its tourism promotional goals.
{EFM2557056.DOC;1/13175.000001/ }
28
CA RevisedA
Page 8 of 8
Application to the City of Tukwila for Use of 2023 Lodging Tax Funds
Event or Activity Name (if applicable):
2023/2024 Seattle Seawolves Partnership
Amount of Lodging Tax Requested:
$150,000 ($75,000 in 2023 and 2024)
Applicant Organization:
City of Tukwila
Federal Tax ID Number:
91-6001519
Mailing Address:
Office of the Mayor
6200 Southcenter Blvd
Tukwila, WA 98188
Primary Contact Name:
Primary Contact Phone:
206-431-3684
Primary Contact Email Address:
Brandon.Miles@Tukwilawa.gov
Check all the service categories that apply to this application:
Tourism promotion or marketing.
Operation of a special event or festival designed to attract tourists.
Operation of a tourism -related facility owned or operated by a non-profit organization.
Operation and/or capital costs of a tourism -related facility owned by a municipality or a public
facilities district.
Check which one of the following applies to your agency:
Non -Profit (Note: Attach a copy of your current non-profit corporate registration from the
Washington Secretary of State Office)
Municipality
For Profit Corporation
I am an authorized agent of the organization/agency applying for funding. I understand that:
• I am proposing a tourism -related service for 2021. If awarded, my organization intends to enter
into a services contract with the City; provide liability insurance for the duration of the contract
naming the City as additional insured and in an amount determined by the City; and file for a
permit for use of City property, if applicable.
• My agency will be required to submit a report documenting economic impact results in a
format determined by the City.
Signature: /s/ Date: October 26, 2022
29
1) If an event, list the event name, date(s), and projected overall attendance.
The City of Tukwila is requesting lodging tax funds to partner with the Seattle Seawolves for the team's
2023 and 2024 seasons. The Seawolves are a professional rugby team in Major League Rugby (MLR).
The team trains in Tukwila and plays all its home games at Starfire Sports. The Seawolves are the most
successful and dominate team in MLR rugby, having played in three championships games and winning
two of them. Rugby as a hold is growing in the United States, with the US set to host the World Cup in
2031 for men's and 2033 for women's.
The City provided $40,000 in funding in 2022. Staff is requesting a total of $150,000 ($75,000 per year)
through 2024 to execute a sponsorship agreement with the Seawolves. Prior to the pandemic the
Seawolves were averaging 4,000 attendees per home match. Towards the end of 2022 the team
started to see a return to its significant fan base.
The Seawolves have a very strong digital following and a growing brand identity in the Seattle metro
region. Through Experience Tukwila digital accounts, the City has done significant campaigns and posts
to highlight the team, rugby, and the City. Moving forward staff wants to start planting the flag that
Tukwila is "Rugby City USA."
In 2023 and 2024 the City would partner with the Seawolves on initiatives that focus on three distinct
areas:
1. Drive Head in beds. Tukwila hotels will be the official hotel for away teams for the 2022 and
2023 seasons.
2. Drive More Traffic to Area Businesses. As we hopefully emerge from COVID-19 it is important
that we help highlight that our restaurants and retailers are open in order to get our market
share back. In person attendance at game will be limited due to restrictions in place for COVID-
19. The Seawolves have been very supportive of promoting the City via its own social media
channels.
3. Building the Tukwila Brand. The Seawolves have a strong and growing brand in the Seattle
region. Additionally, the Seawolves have a very strong brand following by millennials and
families, part of the City's overall target audience for branding. The City's internal brand
essence is "Accessible Fun." The Seawolves games are easily "accessible fun." The game are
reasonably priced, fun, and safe for families.
4. Rugby Community. The City also has an opportunity to build a rugby brand. Like we have done
for soccer, Tukwila could be known as the epicenter of soccer in the Pacific NW. Supporting
the Seawolves can help attract more rugby matches to the City. In 2021 our relationship with
the Seawolves resulted in introductions to the Rugby 7 organizers and the XV Series, both of
these activities called Tukwila home for their matches. We want to work to known as Rugby
City USA.
2) Is your event/activity/facility focusing on attracting overnight tourists, day tourists, or both?
Both, both directly and indirectly by building a rugby brand
Page 2 of 6
30
3) Describe why visitors will travel to Tukwila to attend your event/activity/facility.
The Seawolves have been playing in Tukwila since the team was founded. Each game has sold
out, with nearly 4,000 rugby fans attending the games. In 2019, the City partnered with the
Seawolves on two international matches. As part of these matches the City and Westfield
Southcenter hosted a fan event before one of the games. This fan event was well attended. The
Seawolves team has a loyal fan following. We are hoping to work with the Seawolves and rugby
community to bring more events to the City over the next two years.
In 2020 Seawolves players participated in a drive through Halloween event at Westfield
Southcenter and the player's presence and attitude help to drive visitors to the mall. The
Seawolves have supported the Experience Tukwila social media campaign. The Seawolves
have also engaged with Westfield directly in a formal engagement agreement.
4) Describe the geographic target of the visitors you hope to attract (locally, regionally,
nationally, and/or internationally).
Regionally. Most fans are located within the Greater Seattle region. Home games may also
produce a small number of traveling fans from throughout the United States. These homes
games would also generate hotel stays by the away team.
Besides attendance at games, the City is also hoping to get branding exposure with the Seawolves
5) Describe the prior success of your event/activity/facility in attracting tourists.
The Seawolves have shown the ability to bring fans to the City. In 2019 year the City partnered with
the Seawolves on two international matches. Both games were well attended. Nearly all home
matches in 2019 were sold out.
In 2022 we want to work with the Seawolves to leverage new ways to bring rugby fans to the City.
6) If this your first time holding the event/activity/facility provide background on why you think
it will be successful.
N/A
7) Describe the media strategy you employ to promote your event/activity/facility to attract
overnight and/or day tourists? Please list any digital or print media (newsletters, e -blasts,
social media, etc.) your agency uses or intends to use to promote your event/activity/facility.
The City will utilize Experience Tukwila and the Seawolves digital and social media for promotion.
The City will bring in additional partners and these partners would be required to also promote
various events, such as the fan day event or viewing parties. Seawolves matches are streamed
online and shown on TV last year these games brought significant brand exposure to the City.
Page 3 of 6
31
8) Describe how you will promote lodging establishments, restaurants, retailers, and
entertainment establishments in the City of Tukwila.
Various ways, through digital media and by hosting specific events.
9) Is the City able to use your digital and print media for collaborative marketing?
Yes
10) Describe how you will use the name, "Tukwila" in publications, promotions, and for your
event?
All events will be promoted as being in Tukwila. Additionally, the City will get special
recognition in various mediums.
11) Measurements and Metrics (Note: You will be required to report these metrics as part of the
close out of the agreement between your organization and the City.)
As a direct result of your proposed tourism -related service, provide an estimate of (annual
estimates):
a.
Overall attendance at your proposed event/activity/facility.
40,000
b.
Number of people who will travel fewer than 50 miles for your
event/activity.
90%
c.
Number of people who will travel more than 50 miles for your
event/activity.
10%
d.
Of the people who travel more than 50 miles, the number of people
who will travel from another country or state.
Approximately
200.
e.
Of the people who travel more than 50 miles, the number of people
who will stay overnight in Tukwila.
Approximately
200.
Page 4 of 6
32
f.
Of the people staying overnight, the number of people who will stay
in PAID accommodations (hotel/motel/bed-breakfast) in Tukwila.
200
g.
Number of paid lodging room nights resulting from your proposed
event/ activity/facility (for example: 25 paid rooms on Friday and 50
paid rooms on Saturday = 75 paid lodging room nights)
400
12) What methodologies did you use to calculate the estimates and what methodologies will you
use to track outcomes, such as total participants, estimated visitor spending, etc?.
These are estimates based upon a variety of factors, including fan attendance at games, fan
attendance at special events, overnight stays by the away teams, etc. The numbers provided are
for estimated in person attendance and do not include media and social media exposure.
13) Are you applying for lodging tax funds from another community? If so, which communities
and in what amounts?
No.
14) Are you applying funding from Seattle Southside Regional Tourism Authority (SSRTA)? If so, in
what amount?
No.
15) What is the overall budget for your event/activity/facility? What percent of the budget are
you requesting from the City of Tukwila?
The City is requesting $150,000 ($75,000 for each year for this sponsorship).
16) What will you cut from your proposal or do differently if full funding for your request is not
available or recommended?
We would not be able to have a paid sponsorship with the Seawolves.
Applications are considered on a rolling basis. Please contact staff to discuss the process for having the
application reviewed by the City's Lodging Tax Advisory Committee.
Completed applications should be submitted to:
Lodging Tax Advisory Committee
Page 5 of 6
33
c/o Brandon Miles
City of Tukwila
6200 Southcenter Blvd
Tukwila, WA 98188
Or,
Brandon.Miles@Tukwilawa.gov
Questions?
LTAC Contact:
Brandon J. Miles
(206) 431-3684
Brandon.Miles@Tukwilawa.gov.
Updated: January 5, 2021
Page 6 of 6
34
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Planning and Community Development Committee
FROM: Derek Speck, Economic Development Administrator
CC: Mayor Ekberg
DATE: January 9, 2023
SUBJECT: Economic Development Division Workplan for 2023
ISSUE
This item is a briefing on the Economic Development Division's workplan for 2023.
BACKGROUND
Attached is a copy of the workplan that economic development staff is using to guide their work
for 2023.
DISCUSSION
This item is intended as an opportunity for the Committee to ask questions about items on the
2023 workplan of the Economic Development Division of the Mayor's Office. Staff updates this
document throughout the year as priorities change.
FINANCIAL IMPACT
None
RECOMMENDATION
Information Only.
ATTACHMENTS
Economic Development Division Workplan for 2023
35
36
City of Tukwila
MAYORS OFFICE
ECONOMIC DEVELOPMENT DIVISION
2023 WORKPLAN - 1/9/23
Project Description
B&O Tax
A Coordinate initial communications to businesses*
B Support stakeholder engagement*
Minimum Wage A Coordinate initial communications to businesses*
B Support development of rules and implementation procedures*
Economic A Create an economic development strategy for Tukwila*
Development B Start implementing the new economic development strategy
Strategy C Implement a business contacts database*
Coordinate A George Long*
Land Sales** B Longacres*
C Newporter*
D Old Allentown Fire Station
E Minkler
F Old Fire Station 51
G Monitor City leases (SCA, Starfire, etc)
Experience A Continue Experience Tukwila website, social media, and newsletter*
Tukwila B Continue building relationship with Seawolves*
C Facilitate and sponsor special events
D Facilitate art in Southcenter District
E Facilitate Baker Boulevard for festivals and events
F Facilitate improvement of Tukwila Pond Park
G Develop wayfinding plan (on hold)
H Develop strategy to grow entertainment attractions
I Execute art mural program on TIB (already funded)
Lodging Tax and
Tourism
A Coordinate lodging tax committee*
B Continue partnership with SSRTA, Des Moines, and SeaTac on tourism marketing*
Policy A Support City policy updates for Tukwila South*
B Support City's regional transportation advocacy*
C Participate in zoning and on street parking policy for Tukwila Int'I Boulevard
D Participate in Green and Duwamish River related policies (levee, habitat, amenity)
Page 1 of 2
37
38
City of Tukwila
MAYORS OFFICE
ECONOMIC DEVELOPMENT DIVISION
2023 WORKPLAN - 1/9/23
Project Description
Business
Retention,
Expansion, and
Attraction
A Respond to business inquiries*
B Coordinate Wadajir development agreement* (on hold)
C Coordinate policy review for multi -family tax exemption program*
D Support maintenance of KentValleyWA.com and SoundsideAlliance.com
E Marketing to attract business and development
F Networking to attract business and development
Tukwila Village A Position Tukwila Village Community Development Association for self sufficiency*
B Complete and monitor developer parking management plan*
Regional Economic
Development
A Participate in Greater Seattle Partners, Chambers of Commerce,
Seattle Sports Commission, Int'I Council of Shopping Centers, etc.
Administrative
A Participate on Administrative Team*
B Participate on Soundside Alliance for Economic Development*
C Participate on SeaTac Airport Roundtable (START)
D Respond to general inquiries*
Other
A Manage multi -family property tax exemption program (for approved projects)*
B Coordinate Port of Seattle economic development grant*
C Increase understanding and inclusion of equity and social justice
D Monitor HealthPoint land sale and support development*
E Partner with Police Department to involve Southcenter businesses for safety*
F Use ARPA funding for small business recovery in 2023 or 2024
Potential Projects
A Support special event permit process to attract strategic festivals and events
B Evaluate ZIP code effect on city tax revenue and image
C Support analysis of sales tax
D Participate in regional economic development policy such as PSRC
E Facilitate KC's redevelopment of metro base
F Advocate for BRT station at Longacres parcel
G Coordinate development issues related to Unico in Renton
H Support SRO development agreement
I Provide input on permit process improvements
* Top priority items
** Land sales may occur after 2023 but are included here as a reminder as opportunities arise.
+ Added during year
Note: These projects do not include Brandon's role managing the facilities plan.
Page 2 of 2
Tukwila City Council Planning & Community Development Committee - 2023 Work Plan
Kathy Hougardy, Chair; De'Sean Quinn, Thomas McLeod
Status/Notes
a,
+,
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Standard and Recurring Items
Experience Tukwila Updates
Lodging Tax Funding Applications/Contracts
Code enforcement briefings
Rental Housing briefings
Grant applications/acceptance
Action or
Briefing
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CO
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a
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Description
Committee Work Plan
Economic Development Division 2023 Work Plan
SKHHP Capital Fund Allocation Approval
Battery Energy Storage System Proposal
Middle Housing Outreach & Recommendations
Permit Process Review
Building & Fire Code Updates
Multifamily Tax Exemption Program
ARPA Small Business Recovery Program
SKHHP 2024 Work Plan & Budget Resolution
Comprehensive Plan Briefings
Lodging Tax/Tourism Activities
Development Agreements
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Updated 1/10/23
40