HomeMy WebLinkAboutReg 2025-03-17 COMPLETE AGENDA PACKETMonday,
Tukwila City
❖REGULAR
Council Agenda
•MEETING ❖
�JOILA 11,4
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1906
Thomas McLeod, Mayor Councilmembers: ❖ Mohamed Abdi ❖ Armen Papyan
Marty Wine, City Administrator ❖ Jovita McConnell ❖ Dennis Martinez
Tosh Sharp, Council President ❖ Hannah Hedrick ❖ Verna Seal
ON -SITE PRESENCE:
TUKWILA CITY HALL
COUNCIL CHAMBERS
6200 SOUTHCENTER BOULEVARD
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March 17, 2025; 7:00 PM
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL
2. LAND
ACKNOWLEDGEMENT
The City of Tukwila is located on the ancestral lands of the Coast Salish people.
We acknowledge their continuing connections to land, waters and culture.
We pay our respects to their elders past, present and emerging.
3. PUBLIC COMMENTS
including comment
on items both on and
not on the meeting
agenda
Those wishing to provide public
on -site at Tukwila City Hall
items both on and not on the
To provide comment via phone
citycouncil@tukwilawa.gov
comments may verbally address the City Council both
or via phone or Microsoft Teams for up to 5 minutes for
meeting agenda.
or Microsoft Teams, please email
with your name and topic by 5:00 PM on the meeting date.
your message is for public comment during the meeting, and
Please clearly indicate that
you will receive further instructions.
4. PRESENTATION
Recology 2024 Annual Report.
Recology
Pg.1
5. CONSENT AGENDA
a. Approval of Minutes: 3/3/25 (RegularMtg.)
b. Approval of Vouchers
c. A resolution authorizing the duly -appointed administering agency
for South King Housing and Homelessness Partners (SKHHP) to
execute all documents necessary to enter into agreements for the
funding of affordable housing projects, as recommended by the
SKHHP Executive Board, utilizing funds contributed by the City of
Tukwila to the SKHHP Housing Capital Fund.
[Reviewed and forwarded to consent by the Planning and Community
Development Committee on 3/10/2025.J
d. Approve an application for Lodging Tax funds from the City of
Tukwila for the Annual Juneteenth Commemoration, in the
amount of $10,000.00.
[Reviewed and forwarded to consent by the Planning and Community
Development Committee on 3/10/25.J
e. An ordinance amending Ordinance No. 2740 §3 (part), as codified
at Tukwila Municipal Code (TMC) Section 17.16.040, "Preliminary
Applications," to remove language requiring Phased Binding Site
Improvement Plans to execute development agreements.
[Reviewed and forwarded to consent by the Planning and Community
Development Committee on 3/10/25.J
(continued...)
pg.7
Pg.45
Pg.57
REGULAR MEETING
March 17, 2024
Page 2
6. NEW BUSINESS
a. A resolution adopting a Federal Legislative Agenda for use during
the 119th United States Congress.
b. Authorize the Mayor to sign an Interlocal Agreement with the
South County Area Transportation Board for transportation
coordination in the South King County area.
<rescheduled from 3/10/25 C.O. W. meeting>
c. 2025 - 2026 Human Services Contracts
<rescheduled from 3/10/25 C.O. W. meeting>
(1) Authorize the Mayor to sign a contract with Children's Home
Society (DBA Akin) for behavioral health services through
December 31, 2026, in the amount of $70,000.00 (not to
exceed $35,000.00 annually).
(2) Authorize the Mayor to sign a contract with Multi -Service
Center for rent and utility assistance through December 31,
2026, in the amount of $84,000.00 (not to exceed $42,000.00
annually).
(3) Authorize the Mayor to sign a contract with Refugee Women's
Alliance for basic needs and services through December 31,
2026, in the amount of $63,000.00 (not to exceed $31,500.00
annually).
(4) Authorize the Mayor to sign a contract with Tukwila Pantry for
food pantry services through December 31, 2026, in the
amount of $80,000.00 (not to exceed $40,000.00 annually).
(5) Authorize the Mayor to sign a lease agreement with St.
Stephen Housing Association for Hartnett Manor (14688
Macadam Road South, Tukwila) for homelessness
intervention/prevention through December 31, 2025.
d. Authorize the Mayor to accept two grants from the Washington
State Department of Commerce through the Local Community
Projects Program for the Tukwila Community Center HVAC
Replacement Phase 1 Project in the amounts of $250,260.00 and
$499,550.00.
<rescheduled from 3/10/25 C.O. W. meeting>
Pg.85
Pg.91
Pg.99
Pg.135
7. REPORTS
a. Mayor
b. City Council
c. Staff — City Administrator Report
Pg.227
8. MISCELLANEOUS
9. ADJOURNMENT
This
agenda is available
(Tukwila Council
at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities.
meetings are audio and video taped. Available at www.tukwilawa.gov)
nip, If you are in need of translation or interpretation services at a Council meeting,
jr1 please contact us at 206-433-1800 by 12:00 p.m. on the meeting date.
WELCOME TO THE TUKWILA CITY COUNCIL MEETING
The Tukwila City Council encourages community participation in the local government process and
welcomes attendance and public comment at its meetings.
MEETING SCHEDULE
Regular Meetings are held at 7:00 p.m. on the 1st and 3rd Mondays of each month. The City Council takes
formal action in the form of motions, resolutions and ordinances at Regular Meetings.
Committee of the Whole Meetings are held at 7:00 p.m. on the 2nd and 4th Mondays of each month. The
City Council considers current issues, discusses policy matters in detail, and coordinates the work of
the Council at Committee of the Whole meetings.
PUBLIC COMMENTS
Members of the public are given the opportunity to address the Council for up to 5 minutes on items both on
and not on the meeting agenda during Public Comments. The City Council will also accept comments on an
agenda item when the item is presented in the agenda, but speakers are limited to commenting once per
item each meeting.
When recognized by the Presiding Officer, please go to the podium if on -site or turn on your microphone if
attending virtually and state your name clearly for the record. The City Council appreciates hearing from you
but may not respond or answer questions during the meeting. Members of the City Council or City staff may
follow up with you following the meeting.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action on matters affecting the public
interest such as land -use laws, annexations, rezone requests, public safety issues, etc. The City Council
Rules of Procedure provide the following guidelines for Public Hearings:
1. City staff will provide a report summarizing and providing context to the issue at hand.
2. City staff shall speak first and be allowed 15 minutes to make a presentation.
3. The applicant is then allowed 15 minutes to make a presentation.
4. Each side is then allowed 5 minutes for rebuttal.
5. After City staff and the applicant have used their speaking time, the Council may ask further
clarifying questions of the speakers.
6. Members of the public who wish to address the Council on the hearing topic may speak for 5
minutes each.
7. Speakers are asked to sign in on forms provided by the City Clerk.
8. The Council may ask clarifying questions of speakers and the speakers may respond.
9. Speakers should address their comments to the City Council.
10. If a large number of people wish to speak to the issue, the Council may limit the total amount of
comment time dedicated to the Public Hearing.
11. Once the Presiding Officer closes the public hearing, no further comments will be accepted, and the
issue is open for Councilmember discussion.
12. Any hearing being held or ordered to be held by the City Council may be continued in the manner as
set forth by RCW 42.30.100.
For more information about the City Council, including its complete Rules of
Procedure, please visit: https://www.tukwilawa.gov/departments/city-council/
3/11/2025
1
11=
Customer Service & Operations Review
- Consistent email and call volumes
starting in March
Cyber event in January and February
Ongoing customer information
validation in first quarter of contract
commencement
- Customer Service Satisfaction
Average Score: 4.2/5
2500
2000
1500
1
1000
SOO
Tukwila CaII and Email Volumes
0I ■
Dec-23 Jan-24
Feb-24
Mar-24
Apr-24
May-
24
Jura24
Sul-24
Aug-24
Sep-24
Oct-24
Nov-24
Dec-24
I■ Customer Ern ails 453 785
• Calls 894 1555
506
926
334
650
350
663
349
611
424
726
407
620
324
4E6
364
664
312
615
333
451
301
647
2
3/11/2025
it
Customer Service & Operations Review
Majority of calls answered in 20
seconds (70%+)
Trends of longer time to answer:
- January and February due to Cyber
incident
June and September due to billing
notices
ASA (Seconds)
A5A ('
%in3
Average Seconds to Answer and Calls Answered in 30
Seconds
45.00
40.00
35.00
30.00
25.00
20.00
15.00
10.00
5.00
0.00
_
- 10(
- 809
605
409
- 20`,
■ ■ ■ ■ ■ ■ ■ ■ ■
■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■
Dec-23
Jan-24
Feb-24
Mar-
24
Apr-24
May-
24
Jun-24
Jul-24
Aug-
24
Sep-24
Oct-24
Nov
24
Dec-24
0%
ec)
34.90
45.84
36.30
20.33
20.21
20.49
37.62
25.07
16.23
34.50
12.26
13.64
16,47
1 Seconds
81.10%72.94%7&90%90.01%91.80%89.07%74.45%88.69%
94A1%
93.36%
94.96%
95.32%
92.81%
Answered in
3
Customer Service & Operations Review
- By June, customer data has been
validated and misses are below the
target
- Reported misses increase in July due
to accounts on credit hold
- Target: 1 Miss/1,000 (39 total misses
per month)
7.03
Misses/1000 Collections (target= <1)
120
.IW
40
Ea
40
70
6.03
5.03
4.03
3.00
2.03
■ - -
1.W
0.000
- NM MI titer
6e8d4
M4.24
AK.24
M4y-.74
164-24
1u1.24
A6g.24
5ep.24
04624
Nov.24
oec-24
44� Misses
105
65
58
44
32
51
27
21
30
20
26
-M-Miss/1000
6.16
1.87
1.52
1.12
0.92
1.25
0.72
0.58
0,74
0.58
0.72
4
2 2
3/11/2025
Improvements Made Since Implementation
• Increased Customer Service and Operations Support staff
• Ongoing in -field follow ups to resident and business feedback
• Streamlined collaboration between Customer Service, Outreach and
Operations teams to address any unique issues or questions
—�t
t
Henn
5
Contamination Reduction Program & Diversion Outreach
• Over 2,250 units provided with Doorhanging materials to
promote recycling and composting
• Recycling contamination program success:
• 1,097 container audits completed
• 343 site visits and Technical Assistances completed
• 85 sites improved from 10% contamination to acceptable levels
(<10%) (out of 108 properties; this is nearly 80%!)
• 148 Educational materials requests completed
• Signage deliveries and installations (including multilingual signage)
• Sorting Guides
• Recycle Right tools
• Recology Store Flyers
6
3 3
3/11/2025
Engaging with the Community
• Southcenter Earth Day Fair — April 22nd
• Tukwila Repair Event — May 11th
• Recycling Event - May 18th
• Tukwila and Recology 2024 ReThink Art Contest
• Southcenter Touch -A -Truck — July 27th
• Hullaballoo —August 17th
• Senior Resource Fair — Oct. 9th
• Yard Waste Collection Event — Nov. 9th
7
The Recology Store: 2024 Statistics for Tukwila Residents
• 466 hard -to -recycle drop-offs!
• 2024 Recology Store Workshops
• February: Scissor Repair
• May: Mending Workshop
• August: Scissor Repair Workshop
• December: Sustainable Furoshiki Wrapping
Hard to Recycle Items Collected at
The Recology Store for Tukwila Residents
47 Small
Appliances
8 Propane
Cylinders
Recology
2024 Totals
vet
4 Bicycles
238 Fluorescent
Bulbs
2,900 Gallons
of Styrofoam
•
Woof
49 Hardcover
Books
5/0 1:11172�
Electronics
11.56 Pounds
of Batteries
570 Pounds
of Textiles
• 6 I
7 Strand
Lights
4.4
OIL
22.05 Gallons
of Cooking Oil
RecologyRfr STORE
8
4 4
3/11/2025
• State of the City — April 2nd
• Recycling Collection Event — March 22nd
• Project Recycle Right — Winners Presented at City Council on April 21st!
• Recycling Collection Event — June 14th
• King County Repair Event — July 12th
• Touch -A -Truck — August 23rd
• Materials Recovery Facility (MRF) Innovation: Final two robotic additions (for a total of 6!)
• Waste Zero Outreach — year-round for single-family, multifamily and commercial sectors in
the City
9
206-944-3900
Tukwila@Recology.com
10
5 5
6
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
3/17/25
LH
ITEM INFORMATION
ITEM NO.
5.C.
STAFF SPONSOR: LAUREL HUMPHREY
ORIGINAL AGENDA DATE: 3/17/25
AGENDA ITEM TITLE Resolution authorizing allocation from SKHHP Housing Capital Fund.
CATEGORY ® Discussion
Mtg Date 3/17/25
❑ Motion
3ltg Date
® Resolution
Mtg Date 3/17/25
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ® Council ® Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&'R ❑ Police ❑ PIF
SPONSOR'S
SUMMARY
The proposed resolution authorizes the allocation of $91,832.00 from the city's existing
contributions to the South King Housing & Homelessness Partners (SKHHP) Housing
Capital Fund. This is an annual process for the participating jurisdictions in accordance
with the Interlocal Agreement and the City Attorney has approved. These funds have
already been contributed to SKHHP and this resolution is a formality.
REVIEWED BY
❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ® Planning & Community Dev.
❑ LTAC ❑ Arts Comm.
❑ Parks Comm. ❑ Planning Comm.
DATE: 3/10/25 COMMITTEE CHAIR: HEDRICK
RECOMMENDATIONS:
SPONSOR/ADMIN. City Council/Mayor's Office
COMMITTEE Unanimous Approval; Forward to 03/17/2025 Regular Consent Agenda.
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
$91,832.00
AMOUNT BUDGETED
$
APPROPRIATION REQUIRED
$
Fund Source: HB 1406 SALES TAX PROCEEDS ALREADY CONTRIBUTED TO SKHHP
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
3/17/25
MTG. DATE
ATTACHMENTS
3/17/25
Informational Memo dated 2/18/25
Presentation
Draft resolution
03/10/25 Planning & Community Development Committee Meeting Minutes
- to be distributed separately.
7
8
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: Committee of the Whole
FROM: Claire Goodwin, Executive Manager, SKHHP
Laurel Humphrey, Legislative Analyst
DATE: February 18, 2025
SUBJECT: Resolution authorizing allocation from SKHHP Housing Capital Fund
ISSUE
The proposed resolution authorizes the allocation of $91,832.00 from the City's existing
contributions to the South King Housing and Homelessness Partners (SKHHP) Housing
Capital Fund to finance affordable housing projects.
SUMMARY
SKHHP was created in 2019 through an interlocal agreement of several cities and King County
to address housing needs in South King County. There are currently 12 member jurisdictions:
Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Maple Valley, Normandy Park,
Renton, SeaTac, and Tukwila, and King County. SKHHP provides a meaningful opportunity to
pool funds together with neighboring cities to collaboratively make an impact on the
subregion's affordable housing shortage. To date, SKHHP has pooled over $11.2 million to
house our low-income neighbors or rehabilitate deteriorating multifamily buildings. Mayor
McLeod serves as Tukwila's representative on the SKHHP Executive Board, with
Councilmember Martinez serving as alternate.
Housing Capital Fund
In 2019, RCW 82.14.540 (SHB 1406) became law allowing jurisdictions to enact a local sales
and use tax for the purpose of supporting affordable housing. In 2021, eight of the nine
SKHHP member cities entered into a second interlocal agreement for purposes of pooling
sales tax receipts authorized by RCW 82.14.540 with SKHHP to create the Housing Capital
Fund (Pooling ILA - SHB 1406). In 2024, an additional member city entered into the Pooling
ILA - HB 1590 and a new member city made a contribution from municipal general funds.
In 2023, two of the four SKHHP member cities who are able to collect RCW 82.14.530 (HB
1590) revenues desired to pool a portion of those funds with SKHHP for the 2023 funding
round of the Housing Capital Fund to add to existing SHB 1406 pooled revenue and entered
into an additional interlocal agreement (Pooling ILA - HB 1590).
The Establishing ILA and Pooling ILAs established the SKHHP Housing Capital Fund, set
parameters for the process for the selection of awards involving pooled funds, and
determined the approval process. Pursuant to the ILAs, the SKHHP Executive Board
recommends allocations for funding affordable housing projects to the participating City
Councils. Even though the Council has already contributed funds to the 2024 Housing Capital
Fund funding round, Council approval is needed to authorize the allocation of funds to
specific projects.
INFORMATIONAL MEMO
Page 2
Funding Recommendations
The SKHHP Executive Board adopts annual funding guidelines and priorities for each funding
round. The SKHHP Advisory Board subsequently reviewed applications and provided a
funding recommendation based on adopted priorities to the SKHHP Executive Board. The
SKHHP Executive Board concurred with the SKHHP Advisory Board's recommendation and
recommends funding four projects $4,100,000 as described in the 2024 SKHHP Housing
Capital Fund Recommendation memo dated January 23, 2025 (attached).
The SKHHP Executive Board requests approval to use $91,832 of the total $89,289
contributed funds from 2024 and $3,002 of the carry-over from 2023 from the City of Tukwila
for the following recommended projects:
Project
Sponsor and
Project Name
Location
# of Units
Total
Development
Cost
2024 SKHHP
Contribution
2024 City
Contribution
Mercy Housing
NW - Burien
Family
Housing
Burien
91
$58,048,463
$2,000,000
$0
TWG - Pandion
at Star Lake
Kent
251
$126,720,200
$770,000
$0
Multi -Service
Center - White
River
Apartments
Auburn
24
$975,939
$775,000
$69,097
Habitat for
Humanity -
Burien Miller
Creek
Burien
40
$26,193,686
$555,000
$22,735
As outlined in the attached memo, sales and use tax receipts from Tukwila have already been
contributed to SKHHP's 2024 Housing Capital Fund, and with this Council approval, $91,832
of those funds may be allocated to the projects recommended by the SKHHP Executive
Board. Detailed descriptions of the projects, funding requests, rationale, and recommended
conditions of funding for projects by the SKHHP Executive Board are included in the attached
memo.
RECOMMENDATION
Staff is seeking Council approval of the proposed resolution with possible final action on
March 17, 2025.
ATTACHMENTS
1. Draft Resolution
9
South King Housing and
Homelessness Partners (SKHHP)
Housing Capital Fund
Recommendations
Claire V. Goodwin, SKHHP Executive Manager
SK:I:
SKHHP's Housing Capital Fund
■ Meaningful opportunity to pool funds together with neighboring cities to collaboratively make an
impact on the subregion's affordable housing shortage.
■ Funds pooled from eleven member jurisdictions:
• Auburn ° Federal Way ° Renton
▪ Burien ° Kent ° SeaTac
▪ Covington ° Maple Valley ° Tukwila
▪ Des Moines ° Normandy Park
■ 2019: SHB 1406 (RCW 82.14.540) became law allowing jurisdictions to enact a local sales tax
for the purpose of affordable housing; sales tax is a recapture of a portion of existing sales tax
■ 2020: HB 1590 (RCW 82.14.530) became law allowing jurisdictions to impose a 0.1% local sales
and use tax to support affordable housing; limited window to act before County collected revenue
2
SK:I:
Sou. King Housing and Homelessness Partners
ilil 2024 Housing Capital Fund
■ The SKHHP Advisory Board reviewed and made recommendations to the SKHHP Executive
Board to fund four of the six projects.
■ City of Renton to directly support two projects with HB 1590 funds.
■ The SKHHP Executive Board agreed with recommendation and is seeking concurrence from
each jurisdiction.
■ The recommendation totals $4,100,000
■ $1,030,000 from SHB 1406
■ $2,770,000 from HB 1590
■ $300,000 from GF
SK:I:
Recommended Projects
1. Mercy Housing NW — Burien Family Housing: Burien
• 91-unit multifamily rental development adjacent to Mary's Place emergency shelter
• 30%-60% of area median income (AMI); 34 units set -aside for families exiting homelessness and 18 units set -aside for
households with physical disability. Previously awarded project.
• $2,000,000
2. TWG — Pandion at Star Lake: Kent
• 251-unit multifamily rental development adjacent to the future Kent/Star Lake Link light rail station
• 30%-80% AMI; set -asides for families and families at -risk of homelessness. Previously awarded project.
• $770,000
3. Multi -Service Center — White River Apartments: Auburn
• 24-unit rehabilitation and preservation project
• 3 units up to 30%AMI; 16 units up to 45%AMI; 5 units up to 60% AMI
• $775,000
4. Habitat for Humanity — Burien Miller Creek: Burien
• 40 units for affordable homeownership
• 20 units at an average 50% AMI and 20 units up to 80% AMI. Previously awarded project.
• $555,000
4
SK:I:
Sou. King Housing and Homelessness Partners
AttProposed Funding Sources for
Recommended Projects - HB 1590
Jurisdiction
Covington
Kent
Maple Valley
1. Mercy
Housing-Burien
Family
2. TWG-Pandion
Total
Contributed in
2024
Carry -Over
from 2023
Unallocated
$ 153,964 $
59,276 $ 213,657
$ 43 $
460
■
1,485,801 $ 572,034 $ 2,061,827 $ 442 $ 4,434
$ 360,235 $ 138,690 $ 500,000 $ - $ 1,075
Total $ 2,000,000 $ 770,000 $ 2,775,484 $ 485 $ 5,969
SK:I:
South King Housing and Homelessness Partners
Proposed Funding Sources for
Recommended Projects - SHB 1406
Jurisdiction
3. MSC -White
River
4. Habitat -Miller
Creek
Total
Contributed in
2024
Carry -Over
from 2023
Unallocated
Auburn
Burien
Des Moines
Federal Way
Normandy Park
Renton
Tukwila
Total
$ 121,507
39,980 $ 135,475 $ 26,819 $
807
$ 57,595
18,950 $ 64,623 $ 12,304 $
382
$ 29,955 $
9,856 $ 34,012
$ 5,998 $
199
$ 116,047
38,184 $ 131,715 $ 23,286 $
770
$ 173,408
57,057 $ 194,889 $ 36,726 $
1,150
$ 4,930 $
1,622 $ 5,426
32
$ 202,461
66,616 $ 228,107 $ 42,313 $
1,343
$ 69,097
22,735 $ 89,289 $ 3,002
459
$ 775,000
$ 255,000 $ 883,536 $ 151,606 $
5,142
SK:I:
Sou. King Housing and Homelessness Partners
(AtProposed Funding Sources for
Recommended Projects -General Funds
Jurisdiction
4. Habitat -
Miller Creek
Total
Contributed in
2024
Unallocated
NEI!
Total
$ 300,000
$ 300,000
$ 300,000
$ 300,000 $
7
S
South King Housing and Homelessness Partners
Thank you
Claire V. Goodwin, SKHHP Executive Manager
cvgoodwin@skhhp.org
SK:I:
Sou. King Housing and Homelessness Partners
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON, AUTHORIZING
THE DULY -APPOINTED ADMINISTERING AGENCY
FOR SOUTH KING HOUSING AND HOMELESSNESS
PARTNERS (SKHHP) TO EXECUTE ALL
DOCUMENTS NECESSARY TO ENTER INTO
AGREEMENTS FOR THE FUNDING OF
AFFORDABLE H SING PROJECTS, AS
RECOMMENDED B HE SKHHP EXECUTIVE
BOARD, UTILIZING F DS CONTRIBUTED BY THE
CITY OF TUKWILA THE SKHHP HOUSING
CAPITAL FUND.
WHEREAS, on February 21, 2019, the City of Tukwila entered into an Interlocal
Agreement to form South King Housing and Homelessness Partners (SKHHP) to help
coordinate the efforts of South King County jties to provide affordable housing; and
N
WHEREAS, n May 17, 2021, the City of Tukwila entered into an Interlocal
ii
Agreemen thnoses of pooling sales tax receipts with SKHHP to administer funds
through h KHHP using Capital Fund; and
vir
HEREAS, the SKHHP Executive Board has recommended that the City of Tukwila
participg'!e in the funding of certain affordable housing projects and programs hereinafter
described; and
WHEREAS, the SKHHP Executive Board has developed recommended conditions
to ensure the City's affordable housing funds are used for their intended purpose and that
projects maintain their affordability over time; and
WHEREAS, pursuant to the SKHHP formation Interlocal Agreement, each legislative
body participating in funding a project or program through SKHHP's Housing Capital Fund
must authorize the application of a specific amount of the City's funds contributed to the
SKHHP Housing Capital Fund to a specific project or program; and
SKHHP Capital Fund Allocation
Version: 02/28/2025
Staff: L. Humphrey
Page 1 of 3
18
WHEREAS, the City Council desires to use $91,832 from funds contributed to the
SKHHP Housing Capital Fund as designated below to finance the projects recommended
by the SKHHP Executive Board;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Pursuant to the Interlocal Agreement, the City Council authorizes the
duly -appointed administering agency of SKHHP to execute all doc 'ents and take all
necessary actions to enter into agreements on behalf of the City o utilize the City's
SHB 1406 contribution of $91,832 (the sum of the City's 2024 ibution in the amount
of $89,289 plus $2,543 of carry-over funds from 2023) to f ehabilitation of the
Multi -Service Center's White River Apartments in the am. of $. • and to support
the development of Habitat for Humanity's Burien Mille ek in the . t of $22,735,
leaving $459 of the City's contributions unallocated, escribed below.
Jurisdiction
3. MSC -White
River
4. Habitat -Miller
Creek
Total
Contributed
in 2024
Carry -Over
from 2023
Unallocated
Auburn
$ 121,507
$ 39,980
$ 135,475
$ 26,819
$ 807
Burien
$ 57,595
$ t ‘11152_
$ IMILI
$ 12,304
$ 382
Des Moines
$ 29,955
$ 9,856
$ 34,012
$ 5,998
$ 199
Federal Way
$ 116,047
$ k8,18
15
$ 23,286
$ 770
Kent
$ 173,408 $ 57,057
$ 194,889
$ 36,726
$ 1,150
Normandy Park
$ iligqiikW2
$ 5,426
$ 1,158
$ 32
Renton
$ 202,461 $ 66,616
$ 228,107
$ 42,313
$ 1,343
Tukwila
$ 69,097il 22S
$ 89,289
$ 3,002
$ 459
Total
$ 775,000 $ 255,000
$ 883,536
$ 151,606
$ 5,142
Sec
shall i
inten
what c
agency o
Executive B
hereto as Exhi
e terms a
urpose and t
'•ns should b
HP sh
' m
entered into; pursuant to Section 1 of this resolution,
ondito ensure that the City's funds are used for their
the projects maintain affordability over time. In determining
ncluded in the agreements, the duly -appointed administering
e guided by the recommendations set forth in the SKHHP
randum dated January 23, 2025, a copy of which is attached
Section 3. This resolution shall take effect and be in full force immediately upon
passage and signatures.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2025.
SKHHP Capital Fund Allocation
Version: 02/28/2025
Staff: L. Humphrey
Page 2 of 3
19
ATTEST/AUTHENTICATED:
Andy Youn-Barnett, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Attachment: Exhibit A — SKHHP Executive Board
Tosh Sharp, Council President
Filed with the Cit
Passed by the
Resolution
randum •d January 23, 2025
<''
SKHHP Capital Fund Allocation
Version: 02/28/2025
Staff: L. Humphrey
Page3of3
20
Exhibit A
SK:I:
South King Housing and Homelessness Partners
TO:
FROM:
DATE:
RE:
OVERVIEW
2024 was the third annual funding round of the SKHHP Ho
resources among SKHHP member jurisdictions. 2024 was the
funds towards the Housing Capital Fund and contributions totale
funds from the 2023 funding round, SKHHP m
received six applications for funding represents
units of housing. The SKHHP Executive Board rec
1). Of this total, the Executive Board recommends
City of Auburn City Council
City of Burien City Council
City of Covington City Council
City of Des Moines City Council
City of Federal Way City Council
City of Kent City Council
Memorandum
City of Maple Valley City Council
City of Normandy Park City Council
City of Renton City Council
City of SeaTac City Council
City of Tukwila City Couri
SKHHP Executive Board
January 23, 2025
2024 SKHHP Housing Capital Fund Recommendation
1406 revenue contributions for
$2,775,969 sourced from HB
the total $300,000 source
recommendation leaves
Capital Fund that will rollov
recommended pr•'-- undin
as attachme
awarded . is that reap
ended Projec
d made possible by pooling
very member city contributed pooled
59,020. With the remaining unused
he 2024 funding round. SKHHP
s to develop or preserve 431
rojects totaling $4,100,000 (see Table
he total $1,035,141 sourced from SHB
wnershione preservation project; $2,770,000 of the total
ontributi for two new construction projects; and $300,000 of
ds to be a. -d to the homeownership project. This
unds and $5,969 in HB 1590 funds in the Housing
nd in 2025 (see Tables 2 and 3). A summary of the
nale, and the conditions for funding are described in this memo. Included
ries of the recommended projects, summary changes of previously
ommended for funding, and standard conditions for funding.
nd Recommended Funding Level
Project sponsor
and name
Mercy Housing NW —''rien
Burien Family Housing
Location
# of
units
Project type
Amount
Requested
Recommended
Funding — HB
1590
Recommended
Funding — SHB
1406 & GF
91
New Construction
Rental
$2,000,000
$2,000,000
--
TWG — Pandion at Star
Lake
Kent
251
New Construction
Rental
$2,000,000
$770,000
--
Multi -Service Center—
White River Apts.
Auburn
24
Preservation
Rental
$975,939
--
$775,000
Habitat for Humanity —
Burien Miller Creek
Burien
40
New Construction
Homeownership
$1,300,000
--
$300,000-GF
$255,000-SHB
1406
TOTAL
--
406
--
--
$2,770,000
$1,330,000
Page 1 of 23
21
Table 2: Proposed HB 1590 Allocations by Jurisdiction for Recommended Projects
Jurisdiction
1. Mercy
Housing-Burien
Family
2. TWG-Pandion
Total
Contributed
in 2024
Carry -Over
from 2023
Unallocated
Covington
$ 153,964
$ 59,276
$ 213,657
$ 43
$ 460
Kent
$ 1,485,801
$ 572,034
$ 2,061,827
$ 442
$ 4,434
Maple Valley
$ 360,235
$ 138,690
$ 500,000
$ -
$ 1,075
Total
$ 2,000,000
$ 770,000
$ 2,775,484
$ 485
$ 5,969
Table 3: Proposed SHB 1406 Allocations by Jurisdiction for Recommended PP
Jurisdiction
3. MSC -White
River
4. Habitat -Miller
Creek
Total
Contributed
in 2024
Carry -Over
from 2023
Unallocated
Auburn
$ 121,507
$ 39,980
$ 135,475
$ 26,819
$ 807
Burien
$ 57,595
$ 18,950'
64,6246$
12,304
7 382
Des Moines
$ 29,955
$ 9,856
$ 34,012
$ 5,998
$ 199
Federal Way
$ 116,047
$ 38,184
'V5
$ 23,286
$ 770
Kent
$ 173,408
$ 57,057
$ 194,889
$ 36,726
$ 1,150
Normandy Park
$ 4,930
$`
$ Ilak
$ 1,158
$ 32
Renton
$ 202,461
$ 66,616 $ 228,107
$ 42,313
$ 1,343
Tukwila
$ 69,097
$ 1,7354.11111111109
$ 3,002
$ 459
Total
$ 775,000
$ 255,000 $ 883,536
$ 151,606
$ 5,142
Table 4: Proposed Unrestri�JGeneral d Allocatiy Jurisdiction for Recommended Projects
Jurisdiction
3. Habitat -Miller
Creek
Total
Contributed in
2024
Unallocated
SeaTac
300
$ 300,000
$ -
Total
$ 300,000
$ 300,000
$ -
BAC KG R
The SKHHP Ad Board n October 3, 2024 and November 7, 2024 to review each project application
and develop a fun. a endation for the SKHHP Executive Board's consideration. The SKHHP Executive
Board met on Octobe 024 and November 15, 2024 to review each project and consider the
recommendations of the Advisory Board. The Advisory Board adopted its recommendation on November 7,
2024 and the Executive Board took final action on November 15, 2024.
Of the six applications received, two are located in Renton and both project applications are eligible to receive
HB 1590 funds. The City of Renton collects HB 1590 funds but does not currently pool those funds with SKHHP.
SKHHP pools HB 1590 funds from three of the four South King County cities that collect it. Because of this, the
City of Renton plans to directly financially support these two projects. These projects include Homestead
Community Land Trust's Willowcrest II and St. Stephen Housing Association & Way Back Inn's Steele House.
Page 2 of 23
22
These two projects were removed from SKHHP's competitive list of projects under consideration prior to the
Advisory Board and Executive Board making their funding recommendation.
PROCESS
Advisory Board
recommendation
(November 7, 2024)
ATTACHMENTS
Executive Board finalizes
recommendation
(November 15, 2024)
1. Economic summaires of recommended projects
2. Summary changes of previously awarded projects that reappjie
3. Standard conditions for funding
Member Councils approve
funding recommendation
(January -March 2025)
Page 3 of 23
23
1. Mercy Housing Northwest - Burien Family Housing
Funding request: $2,000,000
Executive Board recommendation: $2,000,000 (forgivable loan)
Address: 12845 Ambaum Blvd SW Burien, WA 98146
PROJECT SUMMARY
Burien Family Housing is a new multifamily 91-unit rental project located near hig
The project will support households earning between 30% area median incom
focus on households with children, including 34 units set -aside for families
and 18 units set -aside for households with a physical disability.
quency transit in Burien.
I) and 60% AMI with a
ildren exiting homelessness
The project includes the redevelopment of a 4.23 acre site current) ned by Mary
emergency shelter on -site. Mary's Place will be donating 2-acre e project site to
Northwest for the development of new affordable housing, retaining 1.31 acres of th
development of a new shelter to replace the existing one •roject w
development is comprised of a mix of one-, two-, three-, an• -b- ' .m units. 52% of the units are family -
sized two-, three-, and four -bedroom units.
This project received a financial award from S
King County, the Washington State Departmen
program, and the Amazon Housing Equity Fund
a combination 4% and 9% LIHTC project. The proje
County Housing Authority and a rvices a
homelessness.
PROJECT SCHEDULE
ng the 2022
he 9% L
e which operates an
ousing
for the
four stories in size. The
g round and secured funding from
come Housing Tax Credit (LIHTC)
course of 2023 and 2024. The project is
red _ oject-based vouchers from the King
rom King County to support the families exiting
Activity
Date
Purchase and Ailliiioen'_
8/29/2022
Zoning Approval
2/1/2024
Site PlagovaI
8/18/2022
Building Permits Issued
2/25/2025
Begin CFtion ■
4/1/2025
Begin Lease -up
6/1/2026
Issued CertificIWOccu i
8/1/2026
FUNDING RATION
The Executive Board supports the intent of this application for the following reasons:
• The project has been awarded significant financial contributions from King County, State Department
of Commerce (Housing Trust Fund), Amazon, and was awarded $1,093,308 from SKHHP in the 2022
funding round. Additionally, the project received a 9% bond allocation in the 2024 funding round
through the Washington State Housing Finance Commission.
• The project is ready to begin construction in the first half of 2025.
Page 4 of 23
24
• The sponsor's partnership with Mary's Place demonstrates a commitment to serving households
experiencing homelessness and will develop a pipeline of permanent housing for Mary's Place clients.
• Project -based vouchers have been secured which increases the financial stability of the project.
• 75% of the units will be constructed using advanced universal design principals.
• The project includes set -asides for four -bedroom units which are greatly needed to serve larger
families.
• The project strongly aligns with SKHHP Housing Capital Fund adopted priorities including: collaboration
with local community -based organizations, connections and direct experien e with populations the
project is proposing to serve, addressing the needs of populations most • • portionately impacted
by housing costs, advancing economic opportunity due to its proximi ransit and other amenities,
providing rental housing for individuals and families earning 0-30% • incorporating supportive
services, and the leverage of private and public investment.
• The site has convenient access to transit, shopping, and ser
PROPOSED CONDITIONS
Standard conditions apply to all projects and are included
Special Conditions
1. SKHHP will provide project fu
forgivable loan. Loan terms wi
fund sources and available cash
funds and must be approved by S
recorded against
affordability
as it maint
2. Timeframe
m
to
opment
lation.
requirem
tachme► :t the end of this memo.
e Contractor • form of a deferred, contingent,
rious fa ncluding loan terms from other
be determined prior to release of
he • . ill be secured by a deed of trust
y to ensure that Contractor maintains the project's
actor shall not be required to repay the loan so long
mm - e funding commitment continues for thirty-six (36)
e of Council approval of original award and shall expire thereafter if all
ied. An extension may be requested to SKHHP staff no later than sixty
the .tion date. At that time, the Contractor will provide a status report
to and ; pected schedule for start of construction and project completion.
ive Board will consider a twelve-month extension only on the basis of
ningful progress in bringing the project to readiness or completion. At a
ontractor will demonstrate that all capital funding has been secured or is likely
within a reasonable period of time.
3. Project description of original award from 2022 funding round will be replaced by current
description of the project. Previous funding award shall be combined with current
recommended award but will retain eligibility of use under RCW. 82.14.540.
4. At least 34 of the housing units shall be set -aside for families with children exiting
homelessness who earn no more than 60% AMI and 18 of the housing units shall be set -aside
for households with a physical disability who earn no more that 60% AMI. Use of funds and
population eligibility must be in -alignment with RCW 82.14.530 for 2024 award.
Page 5 of 23
25
5. SKHHP funds shall be used solely for new construction, unless otherwise approved by SKHHP
staff.
6. A covenant is recorded ensuring affordability for at least 50 years with size and affordability
distribution per the following table. Changes may be considered based on reasonable
justification as approved by SKHHP.
AMI
1-bedroom
2-bedroom
3-bedroom
4-bedroom
Total Units
30%
6
14
5
3
28
50%
30
11
7
-
48
60%
7
4
3
--
14
Manager Units
1
--
--
--
1
Total Units
44
29
3
91
Page 6 of 23
26
2. TWG Development - Pandion at Star Lake
Funding request: $2,000,000
Executive Board recommendation: $770,000 (loan)
Address: 2526 S 272nd St., Kent, WA 98032
PROJECT SUMMARY
Pandion at Star Lake is a 251-unit multifamily, mixed -use rental project in Kent
Kent/Star Lake Link light rail station. The project will support households ear
80% AMI. 47 units will support households up to 80% AMI. The project h
Income Housing Tax Credit (LIHTC) development. The project secured
Housing Capital Fund funding round totaling $1,170,000, although
funding round. The project did not secure the needed public an
towards beginning construction. The timeline for beginning
can be secured to fill a $30 million gap. SKHHP's awards
funders.
This transit -oriented development (TOD) project will provide a
bedroom units. The project will include grou '•r commercial
center for low-income children operated by t `' - - ed STEM
The property was purchased by the developer
five stories of affordable housing over one story
housing at the residential lobby - s basem parking.
ar
roject wa
ate funds in 20
ruction has been move
d adjacent to the
etween 30% AMI and
roposed as a 4% Low
sist the p
The 251 units includes 163
units for families with c
homeless. 24 units wou
bedrooms, and 52 3-bedro
29 units of t
children
Those
29-unit
families.
of home
would be serve
nits would be 2
FUNDING RATI
ct in future app
SKHHP in the 2023
ified for the 2024
ove forward
until funds
cations to
studio, one-, two-, and three -
consisting of a K-12 learning
Innovation Network (SPIN).
p -ject is a six -story building with
hich also includes ten units of
ion, 59 units for families with children, and 29
pportive services and are at -risk of being
t includes 92 studios, 71 1-bedrooms, 36 2-
HB 1590 funds which includes those units for families with
ire permanent supportive services who earn up to 30% AMI.
Vision . use which would provide on -site supportive services. Of the
droom units and 9-units would be 3-bedroom units to accommodate
The Executive Board ports the intent of this application for the following reasons:
• The project secured a prior funding award from SKHHP and additional funds will assist the
project to leverage other funding sources.
• The project is located adjacent to the future Kent/Star Lake Link light rail station and has
convenient access to transit, schools, grocery stores, and services.
• The construction start date is anticipated farther out than other projects and the sponsor may
have more time to secure the additional funds than other recommended projects prior to
beginning construction.
Page 7 of 23
27
• The project has strong partnerships with Vision House who will provide on -site supportive
services for 29 families with children and SPIN who will operate a K-12 learning center in the
commercial space.
• The project will support 29 families with children at -risk of homelessness.
• The project is large and will provide a high number of affordable units near areas with high
displacement risk potential.
• The project sponsor has been in close communication with the City of Kent on project feasibility
and zoning requirements since the property was purchased in December 22.
• The project sponsor has agreed to voluntarily meet the design standar' . r properties zoned as
'Midway Transit Community,' which is a higher degree of develop an what is required
under general mixed -use commercial standards for the City of
• The project strongly aligns with SKHHP Housing Capital Fund . •ted p -s including: being
a transit -oriented development (TOD) project, collaborate ith local com y-based
organizations, addressing the needs of populations m
housing costs, advancing economic opportunity d
station and other amenities, and providing rent
30% AMI and incorporating supportive services.
PROPOSED CONDITIONS
Standard conditions apply to all projects and . fQ __ �ttachm- .t the end of this memo.
Special Conditions
sproportionately i -d by
is proxi ty to the future . light rail
sing for ' duals and families earning 0-
1. SKHHP will pro t funds t Contractor in the form of a deferred, 1%
interest, no givab . n to th TC partnership. The form of the funds are
subject . nge, but I be agree on prior to contract execution. Loan terms will
accoun arious • I.: n terms from other fund sources and available
cash flow. . -rms s a . termined prior to release of funds and must be
ed by " staff. The loan will be secured by a deed of trust recorded against
erty to ensure that Contractor maintains the project's
pulation.
nding commitment. The funding commitment continues for thirty-six
m the date of Council approval of original award and shall expire
I conditions are not satisfied. An extension may be requested to SKHHP
ster than sixty (60) days prior to the expiration date. At that time, the
Cont . or will provide a status report on progress to date and expected schedule for
start of construction and project completion. The SKHHP Executive Board will consider a
twelve-month extension only on the basis of documented, meaningful progress in
bringing the project to readiness or completion. At a minimum, the Contractor will
demonstrate that all capital funding has been secured or is likely to be secured within a
reasonable period of time.
Page 8 of 23
28
3. Project description of original award from 2023 funding round will be replaced by
current description of the project. Previous funding award shall be combined with
current recommended award.
4. At least 29 housing units of the total shall be set -aside for families with children at -risk
of homelessness who earn no more than 30% AMI per the requirements of RCW
82.14.530 and the U.S. Department of Housing and Urban Development's definition of
"at -risk of homelessness."
5. SKHHP funds shall be used solely for new construction, unlerwise approved by
SKHHP staff.
6. A covenant is recorded ensuring affordability for ast 50 years
affordability distribution per the following tabl anges may be con
reasonable justification as approved by SK
ize and
d based on
AMI
Studio
1-bedroom
' room 3-bedroom
Total Units
30%
--
--
9
29
50%
52
41
20
114
60%
23
13
61
80%
17
10
tillilliiii26
47
Total Units
92
52
251
Page 9 of 23
29
3. Multi -Service Center - White River Apartments
Funding request: $975,939
Executive Board recommendation: $775,000 (grant)
Address: 1301 31st St SE, Auburn, WA
PROJECT SUMMARY
The White River Apartments is a multifamily, preservation and rehabilitation
Auburn. The building was constructed in 1978 and the nonprofit Multi-Servi
ownership in 2000. The project consists of 24 two -bedroom, one-bathro
includes three units serving households earning up to 30% AMI, sixte
at 80% AMI. The 80% AMI units are currently occupied by househo
those units would shift to income restricted up to 60% AMI one
not displace current residents.
SKHHP funds are requested to support the rehabilitatio
site lighting, parking lot improvements including curbs and
tanks in all units, re -grading areas adjacent to siding and repla
project previously applied to SKHHP's 2023 f • round.
The project is located within walking distance
and Sounder Commuter Rail Station. South Aub
Park are within 0.5 mile of the pro. g A grocery
PROJECT SCHEDULE
rning les
ding is awarded.
e 24 un
24 rental project in
ter took over
in active use which
a AMI, and five units
60% AMI and
roject would
uding: siding replacement,
, replacing domestic hot water
of exterior entry doors. This
o the Auburn Transit Center
Game Farm Park, and Ballard
mile from the project.
Activity
Date
Site Control `
--
- 1/1/1996
Building Permit Issued
End of 2025
Begin Rehabilita and Rn
End of 2025
End Rehabilitation and Renovation
End of 2025
FUND
The Exec
ATIONALE
• The p
• The proje
• 79%oftheh
oard support
intent of this application for the following reasons:
of rehabilitation to support the health and safety of the residents.
up of 2-bedroom units to support larger household sizes.
eholds at White River Apartments earn no more than 45% AMI.
• The property is close to parks, an elementary school, and transit access to the Auburn Transit
Center and the Auburn Sounder train station.
• The project includes a fenced play area with an accessible ramp into the play yard with recently
installed play equipment.
• Limited SKHHP funds available this funding round required a partial award which will still allow
most of the residential building rehabilitation to move forward.
Page 10 of 23
30
• There are limited funding sources available for preservation and rehabilitation — SKHHP is the
only funder on this project. The focus for larger public funders has historically been on creating
new units of affordable housing. Smaller preservation projects like this one are not as
competitive against larger preservation projects competing for the same funds. The project
applied for funding in early 2024 to the State Department of Commerce Housing Trust Fund and
SKHHP provided a letter of support, but was not successful in securing funding at that time.
• The rehabilitation will not displace current residents.
• Preservation and rehabilitation of affordable housing is a high -priority for HHP.
• The project strongly aligns with SKHHP Housing Capital Fund adopted • ies including: the
project sponsor's community connection and engagement with th lations they intend to
serve, advancing racial equity, addressing the needs of populati• • isproportionately
impacted by housing costs, advancing geographic equity oft •using al Fund, providing
rental housing for extremely -low income households, an. -nervation.
• Multi -Service Center is a well -established South King y-based nonprofit ns and
operates over 650 units of affordable housing.
• Multi -Service Center's housing programs have a •ry of ser ' IPOC community members
with 45% of residents of Multi -Service Center prop. i. ' ing as BIPOC.
PROPOSED CONDITIONS
Standard conditions apply to all projects and . fQ __ �ttachm- .t the end of this memo.
Special Conditions
1. SKHHP will pro t funds t Contractor in the form of a secured grant with
no repaym anal C. :ct term' :II be determined prior to release of funds and
must be oved by S P staff. Th ant will be secured by a deed of trust recorded
against 'ropert o ractor maintains the project's affordability and
target pop. . ntractor . of be required to repay the grant so long as it
ns the .ject requirements.
Timefra
(36) month
conditions ar
•xty (60) da
s re
funds mitment. The funding commitment continues for thirty-six
the • .te of Council approval and shall expire thereafter if all
t satisfied. An extension may be requested to SKHHP staff no later than
rior to the expiration date. At that time, the Contractor will provide a
n progress to date and expected schedule for start of construction and
p pletion. The SKHHP Executive Board will consider a twelve-month extension
only • the basis of documented, meaningful progress in bringing the project to
readiness or completion. At a minimum, the Contractor will demonstrate that all capital
funding has been secured or is likely to be secured within a reasonable period of time.
3. SKHHP funds shall be used solely for the rehabilitation of the property and may include
the following, unless otherwise approved by SKHHP staff:
a. Landscaping improvements
b. Seal coating and restriping the parking lot
Page 11 of 23
31
c. Site lighting improvements
d. Recoating breezeways and replacing railings
e. New siding
f. Exterior paint
g. Replacing gutters and downspouts
h. Replacing unit entry doors and install metal screen doors
i. Replace in -unit and laundry water heaters
4. SKHHP funds shall be prioritized to support building improvem- - parking lot
improvements shall not be funded in favor of residential b . : rehabilitation.
5. SKHHP and Contractor shall agree to the specifics on
executing a contract to ensure eligibility of expen
and to mitigate cost -overruns.
in alignment
ded prior to
CW 82.14.540
6. A covenant is recorded ensuring afford. , for at lea : years with size and
affordability distribution per the followin: -. C s may be considered based on
reasonable justification as approved by SKH
AMI
30%
2-bedroom
units
3
Units
45%
16
60%
Total Units
7. Should
work to
funds throu
sources.
5
24
t requi nds above SKHHP's contribution, sponsor will
hrough their capital budget process or seeking
Page 12 of 23
32
4. Habitat for Humanity Seattle -King & Kittitas Counties - Burien Miller Creek
Funding request: $1,300,000
Executive Board recommendation: $555,000 (grant)
Address: 511 S 136th St Burien, WA 98168
PROJECT SUMMARY
Burien Miller Creek is a 40-unit homeownership project in Burien. The project i prised of three- and
four -bedroom homes for purchase: 20 units for households earning an aver. ' • % AMI and 20 units
for households earning up to 80% AMI. The project is currently under co► .n and SKHHP awarded
the project $300,000 in the 2022 funding round which has been requ- ' o t the construction
of five units for households earning an average of 50% AMI not to - .c- -d 60% A homebuyers
must have lived in King County for a least one year and 25% of .mes are reserv- . households
with a connection to the community — being defined as wit o miles from the proje
The project will provide permanent affordability throug
the home. Habitat will have the Right of First Option to bu
year. When the home is resold, the price is set at the cost of a
the home to be affordable to low- and moder
home must be the buyer's primary residence
buyer's housing costs will be kept at or below
The project has secured awards tot
funding gap is due to increase
lower mortgage revenue d
development.
PROJECT SCHEDULE
come buyers'
ground lease upon sale of
an appreciated rate of 1.5% per
ion and any rehab needed, allowing
etuity. Habitat requires that the
for the life of the home. The
in me.
ports a ding gap of $3.3 million. The
er interest rates on construction loans, and
o serve families at lower AMIs in this
Activity
Date
Site Contra
.
3/26/2021
Building Permit Issued
3/24/2023
Begirktruction
1
11/08/2022
End Construction
2/1/2026
Full Occupa _
'
6/30/2026
FUNDING RATIONA
The Executive Board supports the intent of this application for the following reasons:
• Homeownership is a high priority for SKHHP.
• Over $7 million has been invested in the site and over $23 million has been committed.
• Historically, out of the total number of households the sponsor has served, 65% identify as
BIPOC families.
• Habitat has implemented a community preference policy to help guide homeowner selection.
All applicants must have been residents of King County in the past year and 25% of the homes
Page 13 of 23
33
are reserved for those with a connection to the community (being defined as within a 2-mile
radius of the project site).
• The project began vertical construction in October 2024 and is fully permitted.
• Every homebuyer will have a sale price and mortgage set at no more than 35% of their
household income based on household size.
• Limited funds available from SKHHP required a partial award to be made to balance the need of
other priority projects with consideration of geographic equity.
• SKHHP awarded this project $300,000 in the 2022 funding round. Habitat '- sorts a funding gap
due to construction cost overruns and interest rates impacting the mo' .es at the AMI levels
they wanted to serve. SKHHP funds will help the project close the : d enable them to serve
the lower AMI households they have committed to serve.
• The 32 3-bedrooms and 8 4-bedrooms spread across 10 buil• will p . - badly needed
larger, family sized homes.
• The project was approved for participation in the City rien affordable ho
demonstration program.
• The project strongly aligns with SKHHP Housing al Fun
project sponsor's community connection and enga
serve, advancing racial equity, addressing the needs o
impacted by housing costs, leverage •' •lic and private
PROPOSED CONDITIONS
Standard conditions apply to a
Special Conditions
1. SKHHP
d . ed priorities including: the
the populations they intend to
ations most disproportionately
, and homeownership.
ed as Attachment 3 at the end of this memo.
Contractor in the form of a secured grant with
ontract ter shall be determined prior to release of funds and
SKHHP staff. The grant will be secured by a deed of trust recorded
ensure that Contractor maintains the project's affordability and
tor shall not be required to repay the grant so long as it
project requirements.
unding commitment. The funding commitment continues for thirty-six
rom the date of Council approval of original award and shall expire
th- if all conditions are not satisfied. An extension may be requested to SKHHP
staff n • later than sixty (60) days prior to the expiration date. At that time, the
Contractor will provide a status report on progress to date and expected schedule for
start of construction and project completion. The SKHHP Executive Board will consider a
twelve-month extension only on the basis of documented, meaningful progress in
bringing the project to readiness or completion. At a minimum, the Contractor will
demonstrate that all capital funding has been secured or is likely to be secured within a
reasonable period of time.
Page 14 of 23
34
3. Project description of original award from 2022 funding round will be replaced by
current description of the project. Previous funding award shall be combined with
current recommended award.
4. The recommended $300,000 (2024) from general fund contributions shall support the
development of five (5) housing units at an average 50% AMI on initial sale (among the
20 units with an average 50% AMI restriction) and be permanently restricted at 70%
AMI upon resale.
5. The recommended $255,000 (2024) and the previously aw. . $300,000 (2022) shall
support the development of five (5) units at an average .n initial sale (among
the 20 units with an average 50% AMI restriction) an •erm. y restricted not to
exceed 60% AMI upon resale.
6. SKHHP funds shall be used solely for new c• ction, soft costs, or othe elopment
costs, unless otherwise approved by SK .taff.
<''
Page 15 of 23
35
ATTACHMENT 1: Economic Summaires of Recommended Projects
Project: Mercy Housing Northwest - Burien Family Housing
Proposed Funding Sources by Amounts and Status
Funding source
Proposed Amount
Status
SKHHP (2024)
$2,000,000
Recommended
SKHHP (2022)
$1,093,308
Committed
4% LIHTC Equity
$9,405,093
Committed
9% LIHTC Equity
$13,446,619
Committed
State HTF
$4,000,000
Con
King County (2023)
$6,000,000
Committed
Permanent Amortizing Loan
$5,892,060
Amazon HEF Loan
$9,500,000
Committed
Al Committed'
Mercy Loan Fund
$999,999
Land Contribution
$1,800,000
$1,011,Ar
$1,000,000
Committed
Committed
Committed
Deferred Developer Fee
National Housing Trust Fund
King County 2024/CHIP Pass Thru
$1,901416,
$58,048,463
trommitted
TOTAL
Proposed Use of Funds and Total Residential Cost
Proposed use
Amount MI
Per Unit
Acquisition
- '820,000
--
Construction
$42,217,570
--
Soft Costs
li
III
$8,634,716
--
Other Development Costs
$5,376,177
--
TOTAL
$58,048,463
$637,895
Residential Cost Per S uare Foo
Item
Amount
Residegtii uare footage_
86,543
Residential development cost
$58,048,463
Cost pel sage foot '
$670.75
Residential Cost er Unit B n Unit Size
Unit Size
Number of Units
Unit Square
Footage
Cost per Unit
Average 1-bedroom
44
526
$352,813
Average 2-bedroom
29
788
$528,549
Average 3-bedroom
15
1062
$712,333
Average 4-bedroom
3
1291
$865,934
Common area and other residential spaces,
including parking
--
20,380
$13,669,825
Page 16 of 23
36
Project: TWG — Pandion at Star Lake
Proposed Use of Funds and Total Residential Cost Per Unit
_ Proposed use
Amount
Per Unit
Acquisition
$6,207,361
--
Construction
$87,306,025
--
Soft Costs
$15,032,371
--
Construction Financing
$9,298,009
--
Other Development Costs
$8,876,434
--
TOTAL
$126, 720, 200
--
TOTAL NON-RESIDENTIAL
$4,413,357
--
TOTAL RESIDENTIAL (includes common areas)
$122,306,843
$487,278
Residential Cost Per Square Foot
Item
Amount
Residential square footage
`
2655
Residential development cost
$122,306,843
Cost per square foot
439.55
Residential Cost Per Unit Based on Unit Size
Unit Size
Number of Units
Unit Square
Footage
Cost per Unit
Average Studio_
92"
415
$182,413
Average 1-bedroom
71
650
$285,707
Average 2-bedroom , 1
it 36
926
$407,023
Average 3-bedroom
52
1,139
$500,647
Common area and other residential spaces,
including parking
--
107,767
$47,368,930
Projec Olti-Service CentWhiteiliVer Apartments
Proposedpg Sources by Ants and Status
Fundi
Proposed Amount
Status
_
SKHHP (2024)
$975,939
Recommended
TOTAL
Proposed Use of Funds and Total Residential Cost Per Unit
Proposed use
Amount
Per Unit
Rehabilitation
$747,939
--
Rehabilitation Contingency
$150,000
--
Soft Costs
$50,000
--
Other Development Costs
$28,000
--
TOTAL
$975,939
$40,664
Page 17 of 23
37
Project: Habitat for Humanity Seattle -King & Kittitas Counties - Burien Miller Creek
Proposed Funding Sources by Amounts and Status
Funding source
Proposed Amount
Status
SKHHP (2022)
$300,000
Committed
SKHHP (2024)
$550,000
Recommended
King County
$3,547,282
Committed
HTF
$3,125,000
Committed
CHIP
$1,934,500
Committed
HUD
$850,000
Committed
HTF Unit Subsidy (2024)
$1,000,000
Committed
Construction Financing
$12,562,607
Committed
Habitat for Humanity
$2,324,297
Committed
TOTAL
$26,193,686
Proposed Use of Funds and Total Residential Cost Per Unit
Proposed use
Amount
Per Unit
Acquisition
$2,086,7
$52,169
Construction
$20,931,597
$523,290
Soft Costs
_L1,906,163
$47,654
Other Development Costs
$1,269,168
$31,729
TOTAL
$26,193,686
$654,842
Residential Cost Per Square Foot
Item
Amount
Residential square footagi
'
54,662
Residential development cost
$26,193,686
Cost per square foot
$479.19
4C)
Page 18 of 23
38
ATTACHMENT 2: Summary Changes of SKHHP Awarded Projects that Reapplied
Project: Mercy Housing Northwest - Burien Family Housing
Project changes between the awarded project from the 2022 SKHHP funding round and the 2024
application are as follows:
2024
2022
Changes
Populations
served
34 — families with children
exiting homelessness
16 — families with children
18 — households with a
physical disability
22—general population _
35 — families with
children exiting
homelessness
54 — families with
children
• Fewer units for
ilies with children
dded units for
households with a
' ability and general
lation
Total units
91
89
• On ' added for an
on -sit ager
• One addi al
affordable unit
AMI
0-60%
0-60%
• No change
AMI/unit
count
0-30% - 28
30-50% 48
50-60% - 14
0-30% - 35
30 50% 28
° 26
• More 50% units and
fewer 30% and 60%
units
LIHTC
4%/9%
%
• Added 9% LIHTC
Cost
$59.7m
7.4
• Higher budget
Page 19 of 23
39
Project: TWG — Pandion at Star Lake
Project changes between the 2023 awarded project and the 2024 application are as follows:
2024
2023
Changes
Number of
buildings
1
2
• Modified from 2
buildings to 1
Populations
served
163 units - general
population
59 units - families
with children
29 units - families
with children that
require permanent
supportive services
and are at -risk of
being homeless
Building 1:
109 units - general population
30 units - families with children
25 units - families with children
that require permanent
supportive services and who a
transitioning out of homele sn. s
or are at -risk of homeles
4 units - households ' DD
Building 2:
173 units — seni rning 80
100% AMI
• No seniors at 80-100%
A 41
. amilies that are
ansitioning out of
•omelessness
• ID units
. L. umber of general
pop units in lower
income . ng
• More units . r families
with children
Total units
251
341 (168 and 173)
• 90 fewer units
AMI
0-80%
0-100°
• No 80-100% AMI units
AMI/unit
count
0-30% - 29
30-50% - 114
50-60% - 61
60-80% - 47
0-30°.
30-50°. '
50-60%
80-100%
• Number of 0-30% units
unchanged
• More 30-60% units
• Added 80% units
• Removed 80-100% units
LIHTC
4%
9%
• Not applying for 9%
LIHTC
Page 20 of 23
40
Project: Habitat for Humanity Seattle -King & Kittitas Counties - Burien Miller Creek
Project changes between the awarded project from the 2022 SKHHP funding round and the 2024
application are as follows:
2024
2022
Changes
Number of
buildings
10
10
• No change
Populations
served
Homebuyers with
connection to the
community
Homebuyers with
connection to the
community
• o change
Total units
40
Phase 1— 20 units
Phase 2 — 20 units
emoved Phase 1 and
d are considering
oject a single
pro
AMI
20 units - average of 50%
AMI
20 units - 80% AMI
Phase 1 (20 un up to
50% AMI
Phase 2 (2► s) — 80%
AMI
• Chang 20
units at 5 o AMI to
an average 50% AMI
Cost
$26.2m
$8.4m (First 20 ly)
• Higher development
cost
SKHHP
funding
request
Request: $1.3m for 20
units at average 50% AMI.
Recommended: P- -
award of $300
for 5 units erage
AMI wi ale up to
AMI & 000 for
units at a - £ MI
, • esaleu. •I%AMI
`�. '-d to 20 un •
t, I % A • , apple
to nits - %
AM ,.00 applied to 5
units erage 50% AMI
• Request to fund fewer
of the 20 total units.
Total project units
unchanged.
Page 21 of 23
41
ATTACHMENT 3: Standard Conditions for Funding
1. Contractor shall provide SKHHP with development and operating budgets based upon
actual funding commitments for approval by SKHHP staff. Contractor must notify
SKHHP staff immediately if it is unable to adhere to these budgets and must submit new
budget(s) to SKHHP staff for approval. SKHHP staff shall not unreasonably withhold its
approval of these budget(s), so long as they do not materially or adversely change the
Project. This shall be a continuing obligation of the Contractor, and shall survive the
transfer or assignment of the Contract. Contractor's failure to a• e to budgets (either
original or new/amended) may result in SKHHP's withdrawal
Contractor must prepare and submit final budgets to SKH
construction and at the project's completion.
funding commitment.
he time it starts project
2. Contractor shall submit to SKHHP evidence of fun commitmen all proposed
public and private funding sources. If Contrac . nnot secure an ide d
commitment within an application's time f , Contractor shall immedi. notify
SKHHP staff and describe its anticipated .ns and ti► ame for securing alternative
funding.
3. Contractor shall use SKHHP provided funds to
the Contract and consistent 82.14.540 a
Contractor may not use SKHH
authorizes such alternate use i
exist after completion of the pro
adjustments to t capita
loan balanc
4. Contra
(such as
maximize th
of at leas
the project,
pay RCW 39.
nstructio
s sustainability.
ecific project costs as included in
82.14.530, as applicable.
ther a - unless SKHHP staff
items with unexpended balances
and . -r public funders shall approve
es (including potential reductions in public fund
ximizing sustainability features for the Project
and heat pumps) and shall propose a plan to
d document an open and competitive bidding process (consisting
bid onstruction and related consultant services associated with
rdless .f the source of funds used to pay their costs. Contractor shall
revailing wages in all projects funded by SKHHP that include
ivities, unless federal funds awarded to the project mandate use of
ing wage rates.
6. If C. tor uses federal funds toward the Project, it must meet applicable federal
guidelines, including but not limited to: contractor solicitation; bidding and selection;
wage rates; and federal laws and regulations.
7. Contractor shall maintain documentation of any necessary land use approvals, permits,
and licenses required by the jurisdiction in which the project is located.
8. Contractor shall submit to SKHHP project monitoring reports quarterly through its
completion of the project, and annually thereafter. Contractor shall submit a final
Page 22 of 23
42
budget to SKHHP upon project completion. If applicable, Contractor shall submit initial
tenant information as required by SKHHP.
9. Contractor is required to provide SKHHP with quarterly status reports for projects
funded through SKHHP's Housing Capital Fund during the project's development stage
(from the time funds are awarded until the project's completion and occupancy). These
quarterly reports must include at a minimum the status of funds expended and progress
to date. SKHHP will rely on these quarterly reports to determine whether Contractor is
making satisfactory progress on the project.
10. SKHHP may inspect the project site during the project's co tion.
11. After occupancy, the Contractor will submit annual re• to P summarizing the
number of project beneficiaries, housing expenses or a target • ation, and the
proportion of those beneficiaries that are low- . . r moderate-inc. - nd that meet
other eligibility criteria established in the CoIn addition, the Ann -.ort shall
include certifications to SKHHP that it is i
include the most current occupancy info
are in each income class), a calculation justi
previous rent schedule, consistent with the Co
rents being charged to each - P shall hav
compliance and approve or di . r. every ye
submits annual certifications t. isfy the • equirements of multiple funders,
Contractor will designate and re ► a s at t - come class required by the most
restrictive fund .s the cl. .tion for purposes of the Covenant and this
Contract. T . ntract. all also de with such certification any changes in the
manage policies f. e Propert d such other information covering the prior
calend. - r as SK - b otice at least ninety (90) days in advance of the
due date, . i acco . - g documentation as SKHHP may request. The
Repo - II be submitted by June 30 of each year and will be required for the
ordability Period. SKHHP will also periodically evaluate all projects
y.
pliance • the Covenant, ich shall
n, re edule (showing which Units
creases in rents from the
and the Contract, and the actual
ight to review rents for
the event the Contractor
ts, Contractor shall maintain the project in good and habitable
duration of its affordability term.
13. P s -imburse the Contractor for satisfactory completion of the requirements
sp. the Contract and upon Contractor's submission to SKHHP of invoices and
supping documentation of eligible expenses.
14. SKHHP shall retain 5% of the funding award ("retention") and shall release the retention
only after construction is complete and all other obligations outlined in the contract
have been satisfied.
15. A covenant is recorded ensuring affordability for at least 50 years, with unit size,
number of units, and affordability distribution established prior to executing Contract.
Page 23 of 23
43
44
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
3/17/25
BJM
ITEM INFORMATION
ITEM NO.
5.D.
STAFF SPONSOR: BRANDON MILES
ORIGINAL AGENDA DATE: 3/17/25
AGENDA ITEM TITLE Approval of Lodging Tax Funding Request for the City's 2025 Juneteenth Celebration.
CATEGORY ❑ Discussion
It Date
® Motion
Mtg Date 3/17/25
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
nitg Date
❑ Public Hearing
Mtg Date
❑ Other
AItg Date
SPONSOR ❑ Council ® Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ Ply
SPONSOR'S
SUMMARY
Review of lodging tax funding requests in an amount not to exceed $10,000 from the City
of Tukwila for the 2025 Juneteenth Celebration.
REVIEWED BY
❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ® Planning & Community Dev.
❑ LTAC
DATE: 3/10/25
❑ Arts Comm.
❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: HEDRICK
RECOMMENDATIONS:
SPONSOR/ADMIN. Mayor's Office
COMMITTEE Unanimous Approval; Forward to 03/17/2025 Regular Consent Agenda.
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
$10,000
AMOUNT BUDGETED
$$175,000
APPROPRIATION REQUIRED
$0
Fund Source: LODGING TAX FUNDS.
Comments: 101 Funds will be used, no general funds will be used for this application.
MTG. DATE
3/17/25
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
3/17/25
Informational Memoradum, dated March 4, 2025
Juneteenth Application LTAC Application
Staff report to the Lodging Tax Advisory Committee
03/10/25 Planning & Community Development Committee Meeting Minutes
(distributed separately)
45
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: Tukwila City Council
FROM: Brandon Miles, Director, Strategic Initiatives
CC: Mayor McLeod
DATE: March 4, 2025
SUBJECT: Lodging Tax Funding Request
ISSUE
Review of lodging tax funding requests from the City of Tukwila for the 2025 Juneteenth
Celebration.
BACKGROUND
The City collects a 1 % lodging tax on certain qualifying overnight stays in paid accommodations
(hotels/motels/Airbnb) in the City. State law limits the use of these funds to tourism promotion'.
There is currently just over $2.5 million in lodging tax funds available for use.
The City's Lodging Tax Advisory Committee (LTAC) reviews all requests for use of lodging tax funds.
LTAC then forwards a list of recommended applications to the City Council for its review and
consideration. If LTAC does not recommend an application be funded, that application is not
forwarded to the City Council. The City Council may approve or deny any of the applications
recommended by the LTAC. The City Council may also approve an application and increase or
decrease the dollar amount awarded'.
The City accepts applications on a rolling basis, with the LTAC reviewing requests monthly.
i RCW 67.28.080 (6) defines "tourism promotion" as "...activities, operations, and expenditures designed to
increase tourism, including but not limited to advertising, publicizing, or otherwise distributing information for the
purpose of attracting and welcoming tourists; developing strategies to expand tourism; operating tourism
promotion agencies; and funding the marketing of or the operation of special events and festivals designed to
attract tourists."
2 On August 17, 2016, the Washington State Attorney General's Office issued an informal opinion regarding
whether a municipality could change the dollar amounts recommended by the local lodging tax advisory
committee. Specifically, the informal opinion states:
"When awarding lodging tax revenues pursuant to RCW 67.28.1816(2)(b)(ii), a municipality may award amounts
different from the local lodging tax advisory committee's recommended amounts, but only after satisfying the
procedural requirements of RCW 67.28.1817(2), according to which the municipality must submit its proposed
change to the advisory committee for review and comment at least forty-five days before final action on the
proposal."
46
INFORMATIONAL MEMO
Page 2
Pending Applications
At its meeting on February 8, 2025, the LTAC recommended approval of the City's request for
funding for the 2025 Juneteenth Celebration.
1. City of Tukwila, Juneteenth (Not to Exceed $10,000)
The City of Tukwila is requesting lodging tax funds to support the City of Tukwila's 5th Annual
Juneteenth Commemoration. Juneteenth is the oldest historical celebration in the United States
remembering the end of enslavement of African American people and the continued fight against
racism. In 2020 the City of Tukwila Council adopted Resolution 1992, declaring that Juneteenth
will be recognized in our community every year. The City is committed to honoring the legacy of the
Juneteenth Commemoration and Tukwila's African American community by supporting this
signature event for residents, community members, businesses, and guests. This year's event will
occur on June 19 at the Sullivan Center on Tukwila International Blvd.
LTAC Recommendation on Application: Approval.
Staff Recommendation on Application: Approval.
FINANCIAL IMPACT
The total request for the lodging tax application will not exceed $10,000. No general funds dollars
will be used for these funding allocations. The funding allocation is consistent with the six -year
financial plan for the lodging tax fund and the City's adopted budget. Any unused funds will remain
within the lodging tax fund.
RECOMMENDATION
Staff recommends that the City Council approve the three applications as presented.
ATTACHMENTS
1. Juneteenth Application LTAC Application
2. Staff report to the Lodging Tax Advisory Committee
47
Application to the City of Tukwila for Use of 2025 Lodging Tax Funds
Event or Activity Name (if applicable):
City of Tukwila's 5th Annual Juneteenth Commemoration
Amount of Lodging Tax Requested:
$10,000
Applicant Organization:
City of Tukwila
Federal Tax ID Number:
91-6001519
Mailing Address:
City of Tukwila
ATTN: Jo Anderson — Inclusion & Engagement Manager
Administrative Services and Community Engagement
6300 Southcenter Blvd, Suite 115
Tukwila, WA 98188
Primary Contact Name:
Jo Anderson
Primary Contact Phone:
206-658-7849
Primary Contact Email Address:
Jo.Anderson@TukwilaWA.gov
X Check all the service categories that apply to this application:
X
Tourism promotion or marketing
X
Operation of a special event or festival designed to attract tourists
Operation of a tourism -related facility owned or operated by a non-profit organization
Operation and/or capital costs of a tourism -related facility
owned by a municipality or a public facilities district
X 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)
X
Municipality
For Profit Corporation
1 am an authorized agent of the organization/agency applying for funding. 1 understand that:
• I am proposing a tourism -related service for 2025. 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: Jo Anderson Date: 12/5/24
48
1. Describe your tourism -related activity or event.
The City of Tukwila is requesting lodging tax funds to support the City of Tukwila's 5th Annual
Juneteenth Commemoration. Juneteenth is the oldest historical celebration in the United
States remembering the end of enslavement of African American people and the continued
fight against racism. In 2020 the City of Tukwila Council adopted Resolution 1992, declaring
that Juneteenth will be recognized in our community every year. The City is committed to
honoring the legacy of the Juneteenth Commemoration and Tukwila's African American
community by supporting this signature event for residents, community members, businesses,
and guests.
To ensure a successful and collaborative event, the City will reach out to previous partners. This
includes the Tukwila School District/Foster High School's Black Student Union, the King County
Library System, King County Public Health, the Urban League of Metropolitan Seattle and
Tukwila community members to plan the in -person event at the Tukwila Sullivan Center.
If an event, list the event name, date(s), and projected overall attendance:
City of Tukwila's 5th Annual Juneteenth Commemoration
Thursday, June 19, 2025, from 11:00 AM to 1:00 PM
Tukwila Sullivan Center and Plaza, 14350 Tukwila International Blvd, Tukwila, WA 98168
Attendance: 250+
2. Is your event/activity/facility focusing on attracting overnight tourists, day tourists, or both?
Primarily day tourists attending regional Juneteenth events and experiences.
Describe why visitors will travel to Tukwila to attend your event/activity/facility:
The City of Tukwila is centrally located in the transportation corridor that provides access to
public light rail, King County's Metro bus system, and the Seattle -Tacoma International Airport.
Tukwila is a destination for tourism, entertainment, shopping, and its diversity.
Describe the geographic target of the visitors you hope to attract (locally, regionally,
nationally and/or internationally):
The geographic target of visitors is primarily a 50-mile radius, including summer month
travelers staying in area hotels.
Page 2 of 6
49
3. Describe the prior success of your event/activity/facility in attracting tourists:
The City of Tukwila's 1st Juneteenth Commemoration in 2021 was adapted to an online program
featured on the Experience Tukwila website. The hour-long commemoration was available in
six segments, allowing viewers to explore different elements. Beginning in 2022, the annual
event moved to an in -person format at the Sullivan Center outdoor plaza. Each year, important
traditions are upheld, including the singing of the Black National Anthem. Further, event
participants learn the story of Juneteenth, visit community resource tables, and enjoy
educational and musical presentations from a keynote speaker and local artists as well as food
from Black -owned businesses.
Participation in the 2024 celebration exceeded expectations and drew well over 200 celebrants.
This is attributed to moving the event to the actual holiday (as opposed to the following
Saturday), gaining recognition as an annual celebration, and caliber of speakers and performers.
The intention is to develop a program that will draw a wide audience and provide an experience
that is distinctly Tukwila. This will include a mix of speakers and artists that are regionally and
locally known. The event location is a community -centered space for residents and guests to
visit the Tukwila library, frequent the small business, and take advantage of the open space
where families and friends gather. See photos on page 6.
4. If this your first time holding the event/activity/facility, provide background on why you think
it will be successful.
N/A
5. 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 commissioning of a commemorative poster featuring a local African American artist has
become an integral part of the event. In addition to the poster, the City creates a more detailed
flyer announcing the program schedule. City staff and partners will promote the Juneteenth
Commemoration on the City of Tukwila's Experience Tukwila website, social media platforms,
community contacts, and print materials — the Hazelnut newsletter and posters.
Additionally, the City will work with community -and faith -based organizations, the Tukwila
School District, and the Southside Seattle Chamber of Commerce to assist in promoting the
event on their social media platforms and through word-of-mouth. The program participants —
speakers, artists, performers, educators, etc. will be asked to help spread the word to their
networks as well.
Page 3 of 6
50
6. Describe how you will promote lodging establishments, restaurants, retailers and
entertainment establishments in the City of Tukwila.
City staff will promote this event through the Experience Tukwila website and social media,
word-of-mouth, and free online and print calendars through ethnic media channels. Event
posters will be disseminated to partners and lodging establishments, restaurants, retailers, and
entertainment establishments.
7. Is the City able to use your digital and print media for collaborative marketing?
Yes.
8. Describe how you will use the name "Tukwila" in publications, promotions, and for your
event?
The event will be promoted as being sponsored and held in Tukwila.
9. Measurements and Metrics (Note: You will be required to report these metrics as part of the
close out of the agreement between your organization and the City.)
As a direct result of your proposed tourism -related service, provide an estimate of:
A.
Overall attendance at your proposed event/activity/facility.
250+ in -person
B.
Number of people who will travel fewer than 50 miles for your
event/activity.
225
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.
unknown
E.
Of the people who travel more than 50 miles, the number of
people who will stay overnight in Tukwila.
unknown
F.
Of the people staying overnight, the number of people who will
stay in PAID accommodations (hotel/motel/bed-breakfast) in
Tukwila.
unknown
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)
unknown
Page 4 of 6
51
10. What methodologies did you use to calculate the estimates and what methodologies will you
use to track outcomes, such as total participants, estimated visitor spending, etc.?
City staff will monitor, evaluate, and assess this event as part of planning the campaign to
determine the 2026 Juneteenth Commemoration.
11. Are you applying for lodging tax funds from another community? If so, which communities
and in what amounts?
No.
12. Are you applying for funding from Seattle Southside Regional Tourism Authority (SSRTA)? If
so, in what amount?
No.
13. What is the overall budget for your event/activity/facility? What percent of the budget are
you requesting from the City of Tukwila?
50% of the budget. Total costs for the event are estimated to be $20,000; $10,000 of which
from the City operations budget. The requested funds in the amount of $10,000 will be used
towards artist and performer honoraria, commissioned poster artwork, and food and beverage.
Food/Bev $5,000
Poster Artwork $3,000
Honoraria $2,000
1) What will you cut from your proposal or do differently if full funding for your request is not
available or recommended?
Adjust/scale program costs.
Applications are considered on a rolling basis. Please contact staff to discuss the process for having the
application reviewed by the City's Lodging Tax Advisory Committee.
Completed applications should be submitted to:
Lodging Tax Advisory Committee
c/o Brandon Miles
City of Tukwila
6200 Southcenter Blvd
Page 5 of 6
52
Tukwila, WA 98188
or
Brandon.Miles@TukwilaWA.gov
Questions?
LTAC Contact:
Brandon J. Miles
(206) 431-3684
Brandon.Miles@TukwilaWA.gov
2024 Juneteenth Commemoration
Tukwila Commemorates
Celebatlngthe brilliance JOIN US�WEDNf the fESDAY, JU�NE
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Page 6 of 6
53
fThbvi1a
Staff Memorandum
Lodging Tax Advisory Committee Funding Request
Name of Applicant:
City of Tukwila, Administrative Services
Address:
6200 Southcenter Blvd.
Tukwila, WA 98188
Total Funds Requested:
$10,000
About the Applicant:
The City of Tukwila is a non -charter City organized under the laws of the State of Washington.
Founded in 1908, Tukwila is one of the oldest cities in King County. Since its founding, Tukwila has
always been a community at the "crossroads." Tukwila lies at one of the busiest freeway interchanges
in Washington State. The City has a small bedtime population of just under 20,000. During the day
the City's population swells to over 150,000 people, with people coming to the City to work, shop,
dine, stay in hotels, and to visit once in a life time experiences, such as the Museum of Flight or iFly.
Funds Previously Awarded:
In 2021 the City provided $5,000 for a digital event and in 2022 $10,000 for the event.
Funding Request Narrative:
The City of Tukwila is requesting lodging tax funds to support the City of Tukwila's 5th Annual
Juneteenth Commemoration. Juneteenth is the oldest historical celebration in the United States
remembering the end of enslavement of African American people and the continued fight against
racism. In 2020 the City of Tukwila Council adopted Resolution 1992, declaring that Juneteenth will
be recognized in our community every year. The City is committed to honoring the legacy of the
Juneteenth Commemoration and Tukwila's African American community by supporting this signature
event for residents, community members, businesses, and guests.
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
54
fThbvi1a
Staff Comments:
As part of the City's branding strategy, it was identified that the City should work on creating events
tied to the City's multicultural population. The City of Tukwila lacks an authentic large community
event that could be a draw for people from around the region. Juneteenth could be that event that
the City grows overtime.
Key metrics for the event will be total attendance, third party sponsorship participation, social media
metrics, and web visits.
Consistency with Six Year Financial Model:
2025 Sponsorship Funds Provided in Six Year Financial Plan: $175,000
PAC NW Soccer (Approved) ($25,000)
Seawolves (Approved) ($90,000)
City of Tukwila, Juneteenth (Pending) ($10,000)
Remaining Funds: $50,000
For 2025, the Six Year Financial Plan shows the City spending $175,000 for sponsorship,
such as this. There will be sufficient funds remaining in the budget for other 2025 other
sponsorships opportunities that might arise.
City of Tukwila Staff
Recommendation to LTAC: Approval
Notes:
None.
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
55
56
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
3/17/2025
NT
ITEM INFORMATION
ITEM No.
5.E.
STAFF SPONSOR: NEIL TABOR
ORIGINAL AGENDA DATE: 3/17/25
AGENDA ITEM TITLE Phased Binding Site Improvement Plan Code Amendment
CATEGORY ® Discussion
Mtg Date 3/10/25
❑ Motion
Mtg Date
❑ Resolution
Mtg Date
® Ordinance
Mtg Date 3/17/25
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admit Svcs ® DCD ❑ Finance ❑ Fire ❑ Pv`R ❑ Police ❑ Pik
SPONSOR'S
SUMMARY
Proposed ordinance to amend the Tukwila Muncipal Code to remove the requirement for
phased binding site improvement plans (BSIPs) to also execute development agreements.
City Council is being asked to consider and approve the ordinance.
REVIEWED BY
❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance
❑ LTAC
❑ Arts Comm. ❑ Parks Comm.
® Planning & Community Dev.
® Planning Comm.
DATE: 1/23/25; 3/10/25 COMMITTEE CHAIR: HEDRICK
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
COMMITTEE Unanimous Approval; Forward to Consent
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
$0
AMOUNT BUDGETED
$0
APPROPRIATION REQUIRED
$0
Fund Source: N/A
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
3/17/25
MTG. DATE
ATTACHMENTS
3/17/25
Info Memo prepared 3/4/2025
Draft Ordinance
Redlines of proposed code changes
Written public comment received ahead of the 1/23/2025 Public Hearing
Minutes from the 1/23/2025 Planning Commission Public Hearing
Staff Report from the 1/23/2025 Planning Commission Public Hearing
3/10 Planning & Community Development Committee Minutes (distributed separately)
57
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: Planning and Community Development Committee
CC: Mayor Thomas McLeod
FROM: Nora Gierloff, AICP, DCD Director
BY: Neil Tabor, AICP, Senior Planner
DATE: March 4, 2025
SUBJECT: Proposal to amend regulations for phased binding site improvement plans
ISSUE
The proposed code amendment would streamline the process for Binding Site
Improvement Plans.
BACKGROUND
Binding Site Improvement Plans (BSIPs) are plans used to provide flexibility for sale of
property within a larger development. These developments often rely on shared
features within the larger site, such as parking, access points, landscaping, utilities,
refuse collection areas, etc. As an alternative to the traditional subdivision process,
these plans are typically used for commercial or industrial sites, however, they can also
be used for residential and mixed use developments, which may desire to sell individual
portions of land for building sites, while retaining shared common areas. BSIPs can also
provide flexibility when combined with creating condominium ownership or phased
development. Phased BSIPs refer to developments that plan to develop in multiple
stages, staggering certain site improvements over multiple phases.
The City's regulations currently require that phased BSIPs also execute a development
agreement, or contract between the City and developer, in all proposed phased BSIPs.
Staff has found that this requirement is redundant to other phased BSIP requirements,
burdensome to both City and developer time and resources, and generally out of step
with standards of other comparable jurisdictions.
Codified in TMC 17.16, BSIPs proposing to develop in phases are required to enter into
a development agreement in addition to completing the BSIP. Development agreements
add cost to a project by adding several months of process time for review, analysis,
legal consultants, contracting, and scheduling of a public hearing before City Council.
58
Page 2
This equates to months of unnecessary additional carrying costs for developers on what
are generally large scale projects, in addition to permit fees. In addition to the staff and
City Council time exhausted, this process also creates uncertainty for the developer by
changing the review from being entirely administrative, based on municipal code
standards, to a legislative process before the City Council on a generally, technically
complex topic. While there may be instances in which a development agreement may
be desired by the developer due to project complexity, a desire to vest certain permits,
or other factors, this is unlikely to be the case with most proposed phased BSIPs.
PLANNING COMMISSION RECOMMENDATION
A public hearing on the code amendment L25-0001 was held at the January 23rd, 2025,
Planning Commission meeting. Commissioners passed a motion to recommend that the
City Council adopt the code amendments without modifications.
SUMMARY OF PROPOSED CHANGES
The requirement for phased BSIPs to execute a development agreement is located in
the Tukwila Municipal Code (TMC) 17.16.030(C) Preliminary Binding Site Improvement
Plan (BSIP) approval, Approval Criteria.
Staff proposes removing the sole provision requiring the execution of a development
agreement. References requiring consistency with approvals and options to apply
conditions and limitations for phased BSIPs are already present in other sections of
TMC 17.16 and throughout the TMC.
Language proposed for removal:
TMC 17.16.040(C)
13. Additional Approval Criteria for Phased Development: If the applicant chooses
to develop the property in a phased development the applicant must execs ate a
e
development agreement with the City pursuant to RCW 36.70B.170 if one is not
al-- Tn—plac-e-T-his eem hal � rn,a a minima m to uc d
development of the property subject to the BSIP, including:
a). vesting applicable to subsequent permits;
b). the manner in which each phase of the development will proceed to
are constructed prior to the development of each phase;
o expiration of the agreement anal all provisions therein
Structure, formatting and other minor headings have also been edited in this section for
consistency.
59
Page 3
ANALYSIS
Staff Report Criteria
TMC 18.82.030 requires that staff reports for proposed amendments to development
regulations address the five listed criteria in this section. As criteria pertain to both
privately initiated code amendment applications and those proposed by staff, some
criteria may not be as relevant for all code amendment proposals. Criteria and staff
responses are listed below.
1. An evaluation of the application materials;
Staff Response: Not applicable.
2. Impact upon the Tukwila Comprehensive Plan and Zoning Code;
Staff Response: The proposed code amendment is consistent with the comprehensive
plan and does not require an amendment to the comprehensive plan. The proposed
amendment to the zoning code intends to streamline the phased binding site
improvement plan process and remove unnecessary requirements.
3. Impact upon surrounding properties, if applicable;
Staff Response: Not applicable.
4. Alternatives to the proposed amendment; and
Staff Response: If the proposed amendment were not adopted, any development
proposing a phased binding site improvement plan would still be required to execute a
development agreement in addition to the phased binding site improvement plan. Staff
discussed the possibility of introducing other additional requirements with the removal of
the development agreement requirement, but found other code sections within Title 17
to be sufficient to ensure that phased BSIPs would meet the conditions required of later
phases of development.
The concept of requiring a development agreement for phased BSIPs that surpass a
specified threshold based on project size or other factors was discussed at Planning
Commission. However, due to the variety of projects that may apply for a phased BSIP,
the potential use of a relatively arbitrary threshold value, the overall lack of value to the
City, and additional time, expense, and inconvenience for the developer to execute a
development agreement, staff did not feel that requiring execution of a development
agreement for projects meeting a specific threshold was of benefit to the City, the
project, or the developer.
In the draft ordinance proposed, developers would retain the ability to pursue a
development agreement in conjunction with a phased BSIP, if so desired.
5. Appropriate code citations and other relevant documents.
60
Page 4
Staff Response: Existing code within TMC Chapter 17.16 Detailed Procedures For
Binding Site Improvement Plans (BSIPs) provide staff with adequate ability to enforce
phased binding site improvement plans and include additional relevant conditions and
limitations without the need to do so through a development agreement. Relevant
sections of code are copied below.
TMC 17.16.060(C)
Binding Effect: Approved BSIPs shall be binding and shall be enforceable by the
City. All provisions, conditions and requirements of the BSIP shall be legally
enforceable on the purchaser or on any person acquiring a lease or other
ownership interest of any lot, tract, or parcel created pursuant to the BSIP.
TMC 17.16.070(B)
Phasing of Improvements: To satisfy improvement
requirements, the Short Subdivision Committee is
authorized to impose conditions and limitations on the
BSIP. If the Short Subdivision Committee determines that
any delay in satisfying requirements will not adversely
impact the public health, safety or welfare, the Committee
may allow requirements to be satisfied prior to:
1. Issuing the first building permit for the site; or
2. Prior to issuing the first building permit for any phase, ;or
3. Prior to issuing a specific building's certificate of
occupancy; or
4. In accordance with an approved phasing plan; or
5. In accordance with plans established by a development
agreement or as otherwise permitted or required by the
TMC.
Decision Criteria
TMC 18.82.020, Decision Criteria provides criteria for the final City Council decision on
proposed code amendments.
Decision criteria are as follows:
1. Is the amendment consistent with the
Comprehensive Plan?
2. Does the amendment meet at least one of the
following criteria:
a. Eliminates conflicts between TMC and the
Comprehensive Plan; or
b. Accomplishes policy directives of the Council or
Administration; or
c. Corrects an error or errors in the TMC.
61
Page 5
FINANCIAL IMPACT
No direct costs to the City are expected from this code amendment.
RECOMMENDATION
The Council is being asked to approve the ordinance and consider this item at the
March 10, 2025 Committee of the Whole and subsequent March 17, 2025 Regular
meeting.
ATTACHMENTS
A. Draft Ordinance
B. TMC 17.16.040 Proposed Code Amendments (Redlined)
C. Written public comment received ahead of 1/23/2025 Public Hearing
D. Minutes from 1/23/2025 Planning Commission Public Hearing
E. Staff Report from 1/23/2025 Public Hearing
62
Attachment A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2740
§3 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE
(TMC) SECTION 17.16.040, "PRELIMINARIP APPLICATIONS,"
TO REMOVE LANGUAGE REQUIRING PHASED BINDING
SITE IMPROVEMENT PLANS TO EapECUTE DEVELOPMENT
AGREEMENTS; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Title 17 of the Tukwila -1 Cotablishes procedures for binding
site improvement plans and the City des o edures to be consistent with the
provisions of state law, as per RCW 58.17. .nd
WHEREAS, the City desires to eliminate unnecessary development regulations; and
WHEREAS, the requirement for all phased binding site improvement plans to execute a
development agreement was identified as redundant to existing regulations within TMC Title
17; and
WHEREAS, on January 23, 2025, the Tukwila Planning Commission, following
adequate public notice, held a public hearing to receive testimony concerning amending the
Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed
changes as set forth herein; and
WHEREAS, on January 24, 2025, the City's State Environmental Policy Act (SEPA)
Responsible Official issued a Determination of Non -Significance on the proposed
amendments; and
WHEREAS, the Tukwila City Council finds that the amendments set forth herein in the
best interest of the public's health, safety, and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
2025 Legislation: BSIP Amendments
Version: 3/4/25
Staff: N. Tabor
Page 1 of 4
63
Section 1. Adoption of Findings of Fact. The City Council finds as follows:
A. The above recitals, set forth as "WHEREAS" clauses, are hereby adopted as
Findings of Fact in support of the adoption of this ordinance.
B. The amendments that are established below comply with the requirements of the
Washington State Growth Management Act and the Tukwila Municipal Code.
Section 2. Ordinance No. 2740 §3 (part), as codified at TMC Section 17.16.040,
"Preliminary Applications," subparagraph C, is hereby amended to read as follows:
17.16.040 Preliminary Applications
C. Approval Criteria:
1. Prior to approval of any BSIP, the Short Subdivision Committee shall ensure that
the following improvements are provided to sufficiently ice the anticipated uses
throughout the proposed plan and the decision criteria th low are met:
a. Adequate water supply.
b. Adequate sewage disposal.
c. Appropriate storm drainage impro
d. Adequate fire hydrants.
e. Appropriate access to all an ip. esw'thin the plan.
f. Provision for all appr► - '-te d: •edic.tion, and/or easements.
g. Monumentation ► ;� for tr. t corners.
2. Legal Lots:
a. Residen ' - s consist of one or more contiguous legally -created lots
and each lot shall the u , imensional requirements of the applicable zone or
overlay district.
b. If the site , co commercial or industrial uses, or mixed -use commercial
and residential uses, the shall meet the minimum dimensional requirements of the
zoning district or meet the definition of "integrated site" in TMC 18.06, such that when taken
as a whole and not considering interior lot lines, the integrated site meets all applicable
zoning and subdivision requirements.
3. Appropriate easements and maintenance agreements for shared facilities,
including but not limited to, circulation, parking, utilities and landscaping, have been
provided.
4. Modifications to the minimum zoning standards for individual lots located within
the integrated site -- including setbacks, parking, landscaping, lot area and lot dimension --
are not detrimental to the public health, safety and welfare, do not adversely affect the rest
of the integrated site or other properties in the vicinity, and do not impede planned street,
trail or pedestrian networks for the neighborhood or district.
2025 Legislation: BSIP Amendments
Version: 3/4/25
Staff: N. Tabor
Page 2 of 4
64
5. Common improvements necessary to serve any particular phase of development
must be sufficient for meeting the zoning and subdivision requirements for that phase.
6. Access to the integrated site meets the subdivision ordinance standards. Access
within the site provides for safe and efficient circulation and meets Fire Department access
requirements.
7. The circulation system incorporates appropriate provisions for safe pedestrian
activity to the site from the street and from building to building within the site.
8. The sign regulations shall be applied to the integrated site as a whole. For
example, the number of freestanding signs allowed is based on one (1) site within the BSIP.
Individual ownerships within the integrated site are not considered to be separate sites in
determining the number of freestanding signs allowed.
9. The requirements of the Washington State Building ode are met.
10. Future Development: The BSIP shall contai
subsequent development of the site shall be in conforma
BSIP.
11. Dedication Statement: Where lands ar
applicant shall provide a dedication statement a
provision requiring that any
the approved and recorded
irgd or promised for dedication, the
ledgement on the BSIP.
12. The BSIP shall be consistent with i City approved master plans and
development agreements.
D. 12. Additional Approval
Ownership: Condominium deve
of such approval is to divide th
to either RCW Chapter 64.32
has already been constructed
for an entire developm
Crif!ria IPs Proposing Condominium
is are igible for BSIP approval when the purpose
so a p rtion of the parcel or tract can be subjected
1 Mn only be approved when the development
theZrrroyal has been obtained and a building permit
of a development is issued.
develop the property phases .evelopment, the applicant must execute a development
agrccmcnt with thc C. rs to RCW 36.70B.170 if one is not alr ady in plaec.-T#i,,
agreement shall govern, a inimum, the use and development of the property subject to
the BSIP, including:
a. vesting applicable to subsequent permits;
b. thc manner in which qach phase of thc development will proceed to ensure
that the roads and utilities necessary to serve ch phase of the development arc
constructed prior to the development of each phase;
c. expiration of the agreement and all provisions therein.
14. Consistency: The BSIP shall be consistent with any City approved master plans
and development agreements.
Section 3. Corrections by City Clerk or Code Reviser Authorized. Upon approval
of the City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to other
2025 Legislation: BSIP Amendments
Version: 3/4/25
Staff: N. Tabor
Page 3 of 4
65
local, state or federal laws, codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF T KWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2025.
ATTEST/AUTHENTICATED:
Andy Youn-Barnett, CMC, City Clerk \ as Leod, Mayor
APPROVED AS TO FORM By ) iled with the City Clerk:
assed by the City Council:
Published:
Office of the City At
2025 Legislation: BSIP Amendments
Version: 3/4/25
Staff: N. Tabor
Effective Date:
Ordinance Number:
Page 4 of 4
66
Attachment B
CHAPTER 17.16
DETAILED PROCEDURES FOR
BINDING SITE IMPROVEMENT PLANS (BSIPS)
Sections:
17.16.010 Purpose
17.16.020 Applicability
17.16.030 Decision Process
17.16.040 Preliminary Applications
17.16.050 Expiration of Preliminary Approval
17.16.060 Final Applications
17.16.070 Improvements
17.16.080 Alterations and Vacations
17.16.010 Purpose
A. This chapter is established to:
1. Provide an optional process for land under single ownership to be divided
for the purpose of sale or lease;
2. Accommodate the division of land for the purpose of sale or lease of
property within an integrated commercial or industrial center, which allows certain zoning
standards (minimum parking, setbacks, landscaping, lot area and lot dimension) on the
individual lots to be modified provided the standards for the entire center are met;
3. Facilitate alternative ownership options by allowing BSIPs in conjunction
with a condominium process for residential, commercial, or industrial purposes (RCW
64.34);
4. Allow phased infrastructure improvements for large tracts of land.
17.16.020 Applicability
A. Eligibility: A BSIP application may be submitted for a project located on any
land zoned multi -family, commercial, or industrial, consistent with the terms of this
chapter.
B. Construction Authorization Through Other Permits: A BSIP creates or alters
existing lot lines. A BSIP does not authorize construction. Construction is permitted upon
approval of construction and building permits that implement the BSIP.
17.16.030 Decision Process
A. Applications for BSIPs shall be processed as Type 2 decisions subject to the
provisions of TMC 18.104.
17.16.040 Preliminary Applications
A. Application Requirements: Applications for preliminary BSIPs shall meet
the permit submittal requirements found at TMC 18.104.060.
67
B. Review Procedures: Applications for preliminary BSIPs shall be reviewed in
the same manner prescribed in TMC 17.12.030(B) for preliminary short subdivisions.
C. Approval Criteria:
1. Prior to approval of any BSIP, the Short Subdivision Committee shall ensure
that the following improvements are provided to sufficiently service the anticipated uses
throughout the proposed plan and the decision criteria that follow are met:
a. Adequate water supply.
b. Adequate sewage disposal.
c. Appropriate storm drainage improvements.
d. Adequate fire hydrants.
e. Appropriate access to all anticipated uses within the plan.
f. Provision for all appropriate deed, dedication, and/or easements.
g. Monumentation of all exterior tract corners.
2. Legal Lots:
a. Residential BSIPs shall consist of one or more contiguous legally -
created lots and each lot shall meet the minimum dimensional requirements of the
applicable zone or overlay district.
b. If the site will contain commercial or industrial uses, or mixed -use
commercial and residential uses, the lots shall meet the minimum dimensional
requirements of the zoning district or meet the definition of "integrated site" in TMC 18.06,
such that when taken as a whole and not considering interior lot lines, the integrated site
meets all applicable zoning and subdivision requirements.
3. Appropriate easements and maintenance agreements for shared facilities,
including but not limited to, circulation, parking, utilities and landscaping, have been
provided.
4. Modifications to the minimum zoning standards for individual lots located
within the integrated site -- including setbacks, parking, landscaping, lot area and lot
dimension -- are not detrimental to the public health, safety and welfare, do not adversely
affect the rest of the integrated site or other properties in the vicinity, and do not impede
planned street, trail or pedestrian networks for the neighborhood or district.
5. Common improvements necessary to serve any particular phase of
development must be sufficient for meeting the zoning and subdivision requirements for
that phase.
6. Access to the integrated site meets the subdivision ordinance standards.
Access within the site provides for safe and efficient circulation and meets Fire
Department access requirements.
7. The circulation system incorporates appropriate provisions for safe
pedestrian activity to the site from the street and from building to building within the site.
68
8. The sign regulations shall be applied to the integrated site as a whole. For
example, the number of freestanding signs allowed is based on one (1) site within the
BSIP. Individual ownerships within the integrated site are not considered to be separate
sites in determining the number of freestanding signs allowed.
9. The requirements of the Washington State Building Code are met.
10. Future Development: The BSIP shall contain a provision requiring that any
subsequent development of the site shall be in conformance with the approved and
recorded BSIP.
11. Dedication Statement: Where lands are required or proposed for dedication,
the applicant shall provide a dedication statement and acknowledgement on the BSIP.
12. The BSIP shall be consistent with any City approved master plans and
development agreements.
C. 12. Additional Approval Criteria for BSIPs Proposing Condominium
Ownership: Condominium developments are eligible for BSIP approval when the
purpose of such approval is to divide the property so a portion of the parcel or tract can
be subjected to either RCW Chapter 64.32 or 64.34. A BSIP can only be approved when
the development has already been constructed or when the approval has been obtained
and a building permit for an entire development or a portion of a development is issued.
13. Additional Approval Criteria for Phased Development: If the applicant
chooses to develop the property in a phased development, the applicant must execute a
property subject to the BSIP, including:
a. vesting applicable to subsequent permits;
b. the manner in which each phase of the development will proceed to
cyisure that the roads and utilitics neccssary to serve each phase of the development are
constructed prior to the development of each phase;
c. expiration of the agreement and all provisions therein.
14 Conoi t- ncy: TheBS' P shall be cons sent rany jity approved-mastter
� � c�rrrcrray : -r-i� rrarrac-cvr i� c+TTY� T��'ccp}�
plans and development agreements.
17.16.050 Expiration of Preliminary Approval
A. If the BSIP is not recorded within three (3) years of the date of the preliminary
BSIP, the BSIP shall become null and void. Upon written request by the applicant prior to
the expiration date, the Short Subdivision Committee may grant one (1) extension of not
more than one (1) year.
B. Where all conditions of approval of the BSIP have been satisfied, and all
required documents have been submitted within the three (3) year filing period, the
Director may grant a single extension of up to one hundred eighty (180) days for the
processing and recording of the final BSIP.
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17.16.060 Final Applications
A. Application Requirements: Applications for final BSIPs shall meet the permit
requirements found at TMC 18.104.060.
B. Final Approval Review Procedures:
1. The Short Subdivision Committee may grant final approval of the BSIP
when they find that the survey, plan and other documents for recording are consistent
with the preliminary approval. No formal meeting of the Committee is required so long as
the Chair obtains the recommendations and consent of the other members of the
Committee before issuing a decision.
2. Upon final approval of the BSIP, the applicant shall record the plat and all
other relevant documents with the King County Department of Executive Services. The
applicant is responsible for paying the recording fee(s). Upon completion of recording, the
applicant shall provide the Department with a copy of the recorded documents. The BSIP
shall not be considered final until these documents have been provided to the
Department.
C. Binding Effect: Approved BSIPs shall be binding and shall be enforceable by
the City. All provisions, conditions and requirements of the BSIP shall be legally
enforceable on the purchaser or on any person acquiring a lease or other ownership
interest of any lot, tract, or parcel created pursuant to the BSIP.
17.16.070 Improvements
A. Improvements: The following requirements shall be met for each BSIP prior to
the issuance of a building permit for construction within a BSIP.
1. Improvements Required: Consistent with TMC 17.20, and subject to any
applicable development agreement, the following tangible improvements shall be
provided, either by actual construction or a construction schedule approved by the City
and bonded by the applicant, before a BSIP may be recorded:
a. grading and paving of streets and alleys;
b. installation of curbs, gutters, sidewalks, monuments, sanitary and
storm sewers, street lights, water mains and street name signs; together with all related
appurtenances to the specifications and standards of this code, approved by the Short
Subdivision Committee, and in accordance with other standards of the City.
A separate construction permit will be required for any such improvements, along with
associated engineering plans prepared per the City Drafting Standards.
2. Modifications: Proposals that contain commercial uses, industrial uses, or
mixed -uses (commercial and residential), and that meet the definition of "integrated site"
in TMC 18.06, are not required to submit a modification request.
B. Phasing of Improvements: To satisfy improvement requirements, the Short
Subdivision Committee is authorized to impose conditions and limitations on the BSIP. If
the Short Subdivision Committee determines that any delay in satisfying requirements will
70
not adversely impact the public health, safety or welfare, the Committee may allow
requirements to be satisfied prior to:
1. Issuing the first building permit for the site; or
2. Prior to issuing the first building permit for any phase; or
3. Prior to issuing a specific building's certificate of occupancy; or
4. In accordance with an approved phasing plan; or
5. In accordance with plans established by a development agreement or as
otherwise permitted or required by the TMC.
17.16.070 Alterations and Vacations
A. Alteration: Alteration of an approved BSIP, excluding standard easements for
utilities and lot line adjustments, shall be accomplished following the same procedures
required for a new BSIP application as set forth in this chapter; provided, that only owners
of lots within the BSIP that are directly affected by the proposed alteration shall be
required to authorize application for the alteration. If a property subject to a BSIP approval
is the subject of a development agreement, the alteration of the approved BSIP shall not
require an amendment to the development agreement or approval by the City Council
and, after approval and recording, shall automatically be incorporated within the
development agreement unless otherwise provided in the development agreement.
B. Vacation: Vacation of a recorded BSIP shall be accomplished by following the
same procedures required for a new BSIP application as set forth in this chapter. If a
portion of a BSIP is vacated, the property subject to the vacation shall constitute one lot,
and the balance of the approved BSIP shall remain as approved. Any non -conformities
created by such a vacation must be remedied prior to final approval of the vacation. If a
BSIP property subject to a BSIP approval is the subject of a development agreement, the
vacation of the approved BSIP, whether total or partial, shall not require an amendment
to the development agreement or approval by the City Council and, after approval and
recording shall automatically be incorporated within the development agreement unless
otherwise provided in the development agreement.
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Attachment C
trI SEATTLE
KING COUNTY
a REALTORS'
DATE: January 21, 2025
TO: Tukwila Planning Commission
c/o Nora Gierloff, Director of Community Development
Neil Tabor, AICP, Senior Planner
DELIVERY: email only to: Nora.Gierloff@TukwilaWA.gov
Neil.Tabor@TukwilaWA.gov
Planning@TukwilaWA.gov
FROM: Sam Pace, Housing Specialist
Seattle King County REALTORS°
Sam@SamPace.com
(253) 569-2663
RE:
Planning Commission Public Hearing re: File Numbers: L25-0001 & E25-0002;
Proposal to Amend Regulations for Phased Binding Site Improvement Plans
Dear Commissioners, Director Gierloff and Senior Planner Tabor,
I am writing to you on behalf of our 6,000+ members of Seattle King County REALTORS° to provide
public hearing comments (of record) in connection with the Planning Commission's Public
Hearing scheduled for January 23th regarding the City of Tukwila staff proposal to amend
regulations for Phased Binding Site Improvement Plans.
It is our understanding that:
• Tukwila's city code currently provides:
o Applicants proposing to develop a project as a Binding Site Improvement Plan, or
BSIP, are required by section 17.16.030(C) of Tukwila's Municipal Code to:
(a) enter into a Development Agreement, and
(b) also complete the Binding Site Improvement Plan
City staff have identified (in our view, correctly) that these requirements are
duplicative, and there are numerous reasons that correcting the situation would
be well-advised.
• The proposal before the Planning Commission for public hearing on January 23rd:
o Would remove the sole provision in the Tukwila Municipal Code (TMC) requiring
the execution of a Development Agreement when there is a BSIP,
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72
o Would not compromise, or dilute, existing development standards - because the
substantive requirements of development agreements are already present, both
in Chapter 17.16, and elsewhere in city code,
o Would require that a Binding Site Improvement Plan be consistent with any City -
approved master plans and development agreements; and
o Would be applied city-wide if approved by the City Council.
• No Environmental Determination has yet been issued, but one is anticipated prior to City
Council action on the proposal, if the Planning Commission supports moving forward.
We believe Neil Tabor has done a capable job of explaining that BSIPs can provide flexibility to
accommodate a sale of property. We would add to his observation by noting that sometimes
such sales are necessary to facilitate obtaining the financing that is required to make it possible
to finish building -out a development.
As Mr. Tabor notes,
"...these developments often rely on shared features within the larger site, such as parking,
access points, landscaping, utilities, refuse collection areas, etc. As an alternative to the
traditional subdivision process, these plans are typically used for commercial or industrial
sites, however, they can also be used for residential and mixed use developments, which
may desire to sell individual portions of land for building sites, while retaining shared
common areas. BSIPs can also provide flexibility when combined with creating
condominium ownership or phased development."
(Bold emphasis was added by the REALTORS°)
We want to focus -in on the fact that (even though the BSIPs are typically used for large
commercial and industrial projects), the issue before the Planning Commission in this public
hearing is also important for housing.
Over time, housing legislation passed in 2023 - including HB 1110 (Middle Housing) and HB 1337
(Accessory Dwelling Units) - will result in more dwelling units within cities. But most of that
housing will be rentals, and will not likely provide many homeownership opportunities, absent
additional changes to state law.
More homeownership opportunities not only benefit would-be homebuyers, they also help
renters by reducing the competition for rental units (by getting would-be homebuyers out of the
rental market), and they create additional opportunities for historically disadvantaged
households to access the single most important opportunity to create inter -generational wealth,
which is ownership of residential real estate.
One of the reasons those Middle Housing and Accessory Dwelling Units are likely to be mostly
rentals is straightforward:
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73
• The "amount of housing that gets built — even if it's Middle Housing or ADUs" is a different
issue than "whether the housing is rentals or ownership units."
• For a builder to create an "home ownership opportunity," the builder must be able to divide
legal title to the property in a way that allows a buyer to "own" a unit, not just "rent" it.
This is the case regardless what kind of dwelling unit gets built (single family, duplex, triplex,
4-plex, townhome, etc.).
• The two major ways for a developer to divide legal title to the land (in a way that has the
potential to create homeownership opportunities, rather than just rentals) are:
1. Platting of subdivisions (or short -subdivisions, aka short -plats), or
2. Creation of a condominium, including a preparing and recording a Declaration of
Condominium and Plan, state -mandated Public Offering Statements, etc.
Most folks tend to think of condominiums as a "product type."
However, a condominium is really a "form of ownership" not a type of housing unit -
which is why slips at marinas, aviation hangars, storage units, etc. can all be
condominiums, even though they do not involve any housing.
Both platting and condominiums are expensive, time-consuming processes that make it difficult
to increase home ownership opportunities in the city. We believe that Binding Site Improvement
Plans/Agreements can serve two important purposes:
First, we believe they have the potential to evolve into an especially important alternative
to traditional platting and condominiums.
Second, we believe they hold the promise of achieving more timely reviews, and at less
cost, then platting or condominiums - importantly, without sacrificing substantive
environmental, health and safety concerns.
But the potential and promise of Binding Site Improvement Plans/Agreements remains
compromised if we unduly -burden the BSIP process with a requirement for an additional,
duplicative, "Development Agreement."
In our view, Tukwila city staff have correctly discerned that the additional requirement for a
duplicative "Development Agreement" results in:
• several months of delay (for review, analysis, processing time, scheduling and completing
a public hearing before the City Council, seeking and issuing required permits, etc.)
• unnecessary added costs to a project (for additional permit fees, legal consultants,
interest "carrying costs" on project operating/construction debt, etc.)
• a lack of predictability for the applicant, which can translate into higher financing costs
(especially if lenders charge a "risk premium" due to lack of certainty regarding when/if
the lender will be repaid). In the worst case, it may result in a desirable project not getting
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74
built because of concerns about whether the project can be completed in time for it "to
pencil" for the developer, and the developer's lender.
In our view, Mr. Tabor is correct that a major reason for concern about the lack of
predictability results from the fact that the BSIP process involves an administrative review
of complex topics based on municipal code standards. The application of those objective
standards in a technical administrative review helps to provide predictability.
However, when the Development Agreement process is added to the mix, it changes the
review from being entirely administrative, to a process before the City Council.
The costs and operational impacts of a duplicative and unnecessary Development Agreement
requirement do not fall solely on project applicants. They also impact city staff (at a time when
obtaining/retaining qualified planning, development and public works professionals is a
significant challenge for cities). Stated simply: Having an additional requirement for a
Development Agreement also impacts the time of staff and City Council, with little benefit, if any,
for the city, or its stakeholders.
For these reasons:
• We support the staff recommendation to a eliminate the duplicative and unnecessary
requirement for a Development Agreement when there is a Binding Site Improvement
Plan, and
• We want to express our appreciation for the City taking the initiative to bring this
recommendation forward to the Planning Commission. There is no magic wand for
wringing unnecessary and unproductive costs out of the development -review process.
It is a long series of sometimes tedious small steps. But, cumulatively, over time, they can
reform our permitting processes in ways that improve the likelihood cities will not only
"accommodate" housing consistent with RCW 36.70A.020(4), but do so in a way that
makes housing affordable for "all economic segments" of the population.
Thank you for the opportunity provide these public hearing comments of record.
Please do not hesitate to let me know if you have any questions, comments, or concerns.
Sincerely,
SEATTLE KING COUNTY REALTORS('
Sam Pace, Housing Specialist
Sam@SamPace.com • (253) 569-2663
cc: Taylor Shanaman, Director of Governmental & Public Affairs
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75
Attachment D
Thomas McLeod, Mayor
Department of Community Development Nora Gierloff, AICP, Director
CITY OF TUKWILA
PLANNING COMMISSION (PC)
MINUTES
Date: January 23, 2025
Time: 6:30 p.m.
Location: Hybrid Meeting - via Microsoft Teams / Public, In -Person Attendance,
Council Chambers, 6200 Southcenter Blvd., Tukwila, WA 98188
I. Ca11 to Order
Chair Probst called the Tukwila PC meeting to order at 6:35 p.m.
II. Roll Ca11
The PC Secretary took roll call.
Present: Chair Martin Probst; Vice Chair Ann Durant; Commissioners Louise
Strander, Alex Kaehler, Richard McLeland Wieser, and Jacob Halverson
Excused Absence: Commissioner Jane Ho
Staff: Director Nora Gierloff, American Institute of Certified Planners (AICP), Department of
Community Development (DCD); Long Range Planning Manager Nancy Eklund, AICP,
DCD; Development Supervisor Max Baker, AICP, DCD; Senior Planner Neil Tabor, AICP,
DCD; and PC Secretary Wynetta Bivens, DCD
III. Amendment of the Agenda
No changes to the agenda were requested.
IV. Approval of Minutes
Commissioner Halverson moved to adopt the 12/12/24 Minutes. Commissioner Durant
seconded the motion. Commissioner Kaehler recused himself due to absence. Motion
carried.
V. Written General Public Comments
No submittals.
VI. Old Business
None
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Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
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Planning Commission Minutes
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VII. New Business
PUBLIC HEARING
1. Shelter, Transitional, Emergency, Permanent (STEP) Housing Changes
FILE NUMBER: L24-0026, E25-0001
PURPOSE: Code amendment to comply with state law.
LOCATION: Non -Project Action/Citywide
Senior Planner Neil Tabor gave the presentation for staff. He provided background on STEP Housing
and the purpose of the public hearing. He said that legislature narrowed restrictions for the STEP
Housing types, which resulted in the allocation of certain housing targets. The City of Tukwila
previously adopted code amendments to recognize the STEP Housing types. In 2021, the State
legislature passed HB 1220 which sets requirements for STEP Housing. The following housing types are
not included:
• Temporary Encampments
• Tiny Home Villages
• Group Homes
• Oxford Homes/Recovery Residence
• Assisted Living Facility
• Adult Family Homes
• Senior Living
• Traditional Income -Restricted Housing
Staff noted that the State, Puget Sound Regional Council, and Countywide King County each
commented that the city's current development regulations do not meet requirements. Staff went over the
proposed standards and walked through the STEP housing requirements in which the City of Tukwila is
not in compliance.
To meet state law requirements and provide capacity to site the city's allotted amount of STEP Housing,
while maintaining reasonable occupancy and spacing requirements, staff propose to amend TMC
18.50.250, 18.50.260 and Table 18-2 Tukwila Urban Center (TUC) Land Uses Allowed by District
Staff addressed clarifying questions from the PC.
Recommendation
Staff are requesting that the Planning Commission forward a recommendation for adoption of the draft
code amendments to the City Council (CC) for their review.
Public Hearing
Chair Probst opened the public hearing.
Staff noted that there were no public hearing comments letters received.
There was no public testimony.
Chair Probst closed the public hearing.
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Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
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Deliberations/Motion
There was no deliberation.
Commissioner Halverson moved to adopt the staff's recommendation and forward them to the CC for
their review. Commissioner Durant seconded the motion. Motion carried.
PUBLIC HEARING
2. Phased Binding Site Improvement Plans (BSIP)
FILE NUMBER: L25-0001, E25-0002
PURPOSE: Code amendment to remove development agreement requirement.
LOCATION: Non -Project Action/Citywide
Senior Planner Neil Tabor gave the presentation for staff. He provided background on the proposed.
BSIPs are plans used to provide flexibility for sale of property within a larger development. These
developments often rely on shared features within the larger site, such as: Parking; access points;
landscaping; utilities; refuse collection areas; etc. Phased BSIPs improvement plans and proposals to
develop in phases are required to enter into a development agreement in addition to completing the
BSIP.
The requirement for phased BSIPs to execute a development agreement is listed in the Tukwila
Municipal Code (TMC) 17.16.030(C) Preliminary Binding Site Improvement Plan (BSIP) approval,
approval Criteria.
Staff proposed removing the sole provision requiring the execution of a development agreement with
phased BSIPs. References requiring consistency with approvals and options to apply conditions and
limitations for phased BSIPs are already present in other sections of TMC 17.16 and throughout the
TMC.
Staff addressed clarifying questions from the PC.
Recommendation
Staff are requesting that the Planning Commission forward a recommendation for the adoption of the
draft code amendments to the CC for their review.
Public Hearing
A public hearing comment letter was received from Sam Pace, Housing Specialist.
Seattle King County REALTORS, on January 22, 2025, which was distributed to the PC on January 22,
2025.
Chair Probst opened the public hearing.
There was no public testimony.
Chair Probst closed the public hearing.
Deliberations/Motion
There was no deliberation.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
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Commissioner Durant moved to adopt the staff's recommendations and forward it to the CC for their
review. Commissioner McLeland Wieser seconded the motion. Motion carried.
PUBLIC HEARING
3. Townhouses in the TUC
FILE NUMBER: L25-0003, E25-0004
PURPOSE: Code amendment to update residential allowances.
LOCATION: Non -Project Action/Citywide
Senior Planner Neil Tabor gave the presentation for staff. He provided background on the proposed. He
stated this item is on townhouse allowances in the TUC, which is a regional center designated with the
Puget Sound Regional Council for future growth, capitalizing on transit infrastructure to reduce car
dependency. This center designation under the Regional Growth Strategy makes this area eligible for
additional funding that helps them transition into denser, transit -oriented development over time. It
covers Pierce, Snohomish, King, and Kitsap Counties. Within these counties, centers can be designated
where high capacity transit exists, encouraging the greater use of public transportation.
Part of the requirement for a center is that it plans for a minimum of 45 "activity units" per acre.
Staff proposes removing townhouses from the list of allowed dwelling types in table 18-2, affecting the
TUC Regional Center, Transit Oriented Development, Pond and portions of the Work Place Zoning
Districts.
Staff are requesting that the PC forward a recommendation for the adoption of the proposed redlined
language to the CC for their further review and adoption.
Staff addressed clarifying questions from the PC.
Commissioner Halverson stated that he would propose an amendment, stating he is against removing
townhomes from the use in the TUC.
Commissioner Durant stated it was mentioned in the staff background report that regional growth
strategy designation makes the area eligible for additional funding. She asked if townhomes are not
stricken and allow zoning that wouldn't meet the 45 activity units whether the City of Tukwila would be
ineligible for the funding or would it be less accessible to the city. She said the change makes sense to
her. Mr. Tabor stated individual use allowances would be unlikely to eliminate funding eligibility, but
regulations should be consistent with goals for the center.
Commissioner Halverson inquired whether there is any concept to build small townhouse -style
residential.
Staff said they identified this as something that is inconsistent with the overall goals, which is why they
are proposing it.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
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Staff proposes removing townhouses from the list of allowed dwelling types in table 18-2, affecting the
Tukwila Urban Center (TUC) Regional Center, Transit Oriented Development, Pond and portions of the
Work Place Zoning Districts.
There was extensive discussion around this subject.
Recommendation
Staff are requesting that the Planning Commission forward a recommendation for the adoption of the
draft code amendments to the CC for their review.
Public Hearing
Chair Probst opened the public hearing
Staff noted that there were no public hearing comments letters received.
There was no public testimony
Chair Probst closed the public hearing
Deliberations/Motion
There was no deliberation.
Commissioner Halverson moved to amend staff's recommendation, to change townhomes to an
accessory use in the Tukwila Urban Center instead of striking them. Commissioner Strander seconded
the motion. There was a split decision.
Commissioner Halverson moved to forward the split recommendation to the CC for their review.
Commissioner Stander seconded the motion. Motion carried.
Staff asked for clarification on how the PC would like to foiuiat the suggested amendment to change
Townhouses to an accessory use. The PC deferred the decision to staff.
PUBLIC HEARING
4. Residential Conversions
FILE NUMBER: L25-0002, E25-0003
PURPOSE: Code amendment to comply with changes in state law.
LOCATION: Non -Project Action
Senior Planner Neil Tabor gave the presentation for staff. He provided background on the proposed
amendment. He stated that in the 2023 legislative session, HB 1042 passed and broadened allowances
for conversions of non-residential to residential spaces. Per the Municipal Research and Services Center
(MRSC) he went over several of the key provisions of the requirements. He said the intent with this code
amendment is to provide consistency with the state law. Also, to provide future allowances that the city
can still maintain ground floor commercial space that is required in new use development and identified
areas.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
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In the interest in preserving the ability to maintain ground floor commercial space staff propose to adopt
a major pedestrian corridor along Tukwila International Boulevard (TIB).
Staff proposed adopting a new code section within the Tukwila Municipal Code (TMC). TMC 18.50.230
for Residential Conversion.
Staff addressed clarifying questions from the PC.
Recommendation
Staff are requesting that the Planning Commission forward a recommendation for the adoption of the
draft code amendments to the CC for their review.
Public Hearing
Chair Probst opened the public hearing.
Staff noted that there were no public hearing comments letters received.
There was no public testimony.
Chair Probst closed the public hearing.
Deliberations/Motion
There was no deliberation.
Commissioner McLeland Wieser moved to adopt staff's recommendations to adopt the draft code
amendments and forward them to the PC for their review. Commissioner Durant seconded the motion.
Commissioner Halverson abstained. Motion carried.
VIII. Director's Report
Coming up: (may meet more than once a month some months)
February - Additional Middle Housing (MH) presentation and discussion. Review of mapping
and density standards. Intro to design and road standards.
March - Public Hearing #1 on MH, focusing on general development regulations and consistency.
April - Public Hearing #2 on MH focusing on objective design standards and road standards.
Move the full package to the City Council, aiming for adoption by the end of June.
Quick Quack Carwash has received design review approval. Now they are working on some other
issues.
IX. Adjournment
Commissioner McLeland Wieser moved to adjourn. Commissioner. Durant seconded the motion.
Adjourned at: 7:59 p.m.
Submitted by: Wynetta Bivens
PC Secretary
6
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
81
City of Tukwila
Attachment E
Thomas McLeod, Mayor
HEARING DATE:
FILE NUMBERS:
STAFF REPORT TO THE PLANNING COMMISSION
Prepared January 14, 2025
January 23, 2025
L25-0001
E25-0002
APPPLICANT: City of Tukwila
REQUEST: Code amendment proposal to amend regulations for
phased binding site improvement plans
LOCATION: Policies apply throughout the City of Tukwila
NOTIFICATION:
Hearing Notice was published in the Seattle Times on
January 9, 2025, and posted on the City of Tukwila
website on January 9, 2025.
SEPA DETERMINATION: An environmental determination will be issued prior to
City Council consideration.
STAFF: Neil Tabor, AICP, Senior Planner
BACKGROUND
Binding Site Improvement Plans (BSIPs) are plans used to provide flexibility for sale of
property within a larger development. These developments often rely on shared
features within the larger site, such as parking, access points, landscaping, utilities,
refuse collection areas, etc. As an alternative to the traditional subdivision process,
these plans are typically used for commercial or industrial sites, however, they can also
be used for residential and mixed use developments, which may desire to sell individual
portions of land for building sites, while retaining shared common areas. BSIPs can also
provide flexibility when combined with creating condominium ownership or phased
development.
FINDINGS
Codified in TMC 17.16, BSIPs proposing to develop in phases are required to enter into
a development agreement in addition to completing the BSIP. Staff believes this
requirement is redundant to the BSIP process and existing requirements. Development
agreements add cost to a project by adding several months of process time for review,
analysis, legal consultants, contracting, and scheduling of a public hearing before City
Council. This equates to months of unnecessary additional carrying costs for developers
on what are generally large scale projects, in addition to permit fees. In addition to the
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staff and City Council time exhausted, this process also creates uncertainty for the
developer by changing the review from being entirely administrative, based on
municipal code standards, to a legislative process before the City Council on a
generally, technically complex topic. While there may be instances in which a
development agreement may be desired by the developer due to project complexity,
desire to vest certain permits, or other factors, this is unlikely to be the case with most
proposed phased BSIPs.
SUMMARY OF PROPOSED CHANGES
The requirement for phased BSIPs to execute a development agreement is located in
the Tukwila Municipal Code (TMC) 17.16.030(C) Preliminary Binding Site Improvement
Plan (BSIP) approval, Approval Criteria.
Staff proposes removing the sole provision requiring the execution of a development
agreement. References requiring consistency with approvals and options to apply
conditions and limitations for phased BSIPs are already present in other sections of
TMC 17.16 and throughout the TMC.
Language proposed for removal:
Additional Approval Criteria for Phased Development: If the applicant chooses to
develop the property in a phased development, the applicant must execute a
property subject to the BSIP, including:
a. vesting applicable to subsequent permits;
b. the manner in which each phase of the development will proceed to
constructed prior to the development of each phase;
c. expiration of the agreement and all provisions therein.
Structure, formatting and other minor headings have also been edited in this section for
consistency.
REQUESTED ACTION
Staff is requesting that the Planning Commission forward a recommendation for
adoption of the draft code amendments to the City Council.
ATTACHMENTS
A. TMC 17.16 Proposed Code Amendments (Redlined)
https://tukwilawa.sharepoint.com/sites/departmentofcommunitydevelopment/DCDPlanning/Long Range Planning/2024 Comprehensive Plan/00 - Planning
Commission Coordination/2025-01-23 public hearing/L25-0001 Phased BSIPs/PC PH SR L25-0001.docx
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84
COUNCIL AGENDA SYNOPSIS
nitiais
Meeting Date
Prepared by
Mayor's review
Council review
3/17/25
BM
ITEM INFORMATION
ITEM No.
6.A.
STAFF SPONSOR: BRANDON MILES
ORIGINAL AGENDA DATE: 3/ 17/ 25
AGENDA ITEM TITLE Federal Legislative Agenda
CATEGORY ❑ Discussion
Mt Date
® Motion
Mtg Date 3/17/25
® Resolution
Mtg Date 3/17/25
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ® Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW
SPONSOR'S
SUMMARY
The 119th Congress was convened on January 3, 2025. Like with the State of Washington,
the City adopts a legislative agenda that outlines the City's lobbying priorities. Items can
always be added as they come up, with the agenda being used to provide an overview of
the City's top initiatives.
REVIEWED BY
❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
❑ LTAC
DATE: N/A
❑ Arts Comm.
❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: N/A
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
$N/A
AMOUNT BUDGETED
$N/A
APPROPRIATION REQUIRED
$N/A
Fund Source: N/A
Comments: N/A
MTG. DATE RECORD OF COUNCIL ACTION
3/17/25
MTG. DATE
ATTACHMENTS
3/17/25
Staff Informational Memoradum, dated March 11, 2025
Draft Resolution with Federal Agenda
85
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: Tukwila City Council
FROM: Brandon Miles, Mayor's Office
CC: Thomas McLeod
DATE: March 11, 2025
SUBJECT: Federal Legislative Agenda
ISSUE
Adoption of the City's Federal Legislative Agenda for the 119' Congress.
BACKGROUND
The 119' Congress was convened on January 3, 2025. Like with the State of Washington, the
City adopts a legislative agenda that outlines the City's lobbying priorities. Items can always be
added as they come up, with the agenda being used to provide an overview of the City's top
initiatives.
DISCUSSION
The attached resolution, that outlines the City's priorities, was developed with the City's Federal
advocate firm, CFM. Staff and CFM conducted several sessions with City staff to understand
the City's current capital needs and to understand what projects would be well positioned to
receive federal funding.
RECOMMENDATION
City Administration recommends the resolution be adopted as presented.
ATTACHMENTS
• Draft Resolution with Federal Agenda.
86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING A FEDERAL LEGISLATIVE AGENDA FOR
USE DURING THE 119TH UNITED STATES CONfaRESS.
WHEREAS, the 119th United States Congress conveJanuary 3, 2025, and the City
Council agrees to pursue certain legislative issues; an
WHEREAS, a federal legislative agenda ou -s th- •riority ies that elected officials
may discuss when speaking to members of Con. s . dministration officials; and
WHEREAS, the City Council recog this a• •a is not all encompassing, in that
certain additional items may arise during th �. . r- that require support or opposition;
NOW, THEREFORE, THE CI ` UN • F THE CITY OF TUKWILA, WASHINGTON,
HEREBY RESOLVES AS FO
The Tukwila City Council h
a framework for advo
Legislative Agenda i
tifie• . orities for the 119th Congress 2025 that provide
of the community. The City of Tukwila 2025 Federal
d by reference as Attachment A.
PASSED BY THCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof day of , 2025.
ATTEST/AUTHENTICATED:
Andy Youn-Barnett, CMC, City Clerk Tosh Sharp, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Office of the City Attorney
Attachment A: City of Tukwila 2025 Federal Legislative Agenda
87
CITY OF
TUKWILA
2025 Federal Agenda
FY26 Appropriations Requests
EXHIBIT A
Tukwila Community Center HVAC Replacement $2,500,000
Located in Tukwila's Allentown neighborhood, the Tukwila Community Center (TCC)
provides essential recreation, educational programming, and emergency shelter to a
community where many residents are low-income and from disadvantaged backgrounds.
The current HVAC system, installed in 1997, has exceeded its useful life, is unreliable, and
no longer meets the needs of the facility or the community it serves. Replacing the system
will allow the TCC to operate as a designated resilience hub, offering safe, climate -
controlled shelter during extreme heat and cold events that are becoming more frequent
and severe. The new system will improve air quality, lower operational costs, reduce carbon
emissions by approximately 107.5 metric tons annually, and save an estimated 109,072
kilowatt-hours of electricity each year.
Strander Boulevard Extension Phase III $2,000,000
Tukwila is requesting funding to advance engineering and design for Phase III of the Strander
Boulevard Extension, which builds on significant investments already made to complete a
new east -west corridor connecting the Cities of Tukwila and Renton. Tukwila's existing east -
west corridors are heavily congested and do not facilitate the efficient movement of people
and goods. The project will create a new east -west connector by constructing an underpass
beneath Union Pacific Rail Tracks adjacent to the Tukwila Train Station, integrating
seamlessly with infrastructure established in prior phases. This new corridor will leverage
previous public investments and create a safer, more efficient and resilient transportation
network that enhances regional freight mobility in the Green River Valley —home to the
second-largest warehousing district on the West Coast. Further, the area most impacted by
the completion of Phase III is poised for additional economic growth that will only continue
to exacerbate the need for more efficient regional connections.
City of Tukwila Police Technology Upgrades $1,000,000
Tukwila is seekingto upgrade its public safetytechnology infrastructure to help bring modern
crime -fighting tools to its police department. Technology enhancement will include
replacement of an outdated community camera system, acquisition of UAS and the
associated equipment to support it. Tukwila's Police Department faces unique challenges
due to the city's small residential population coupled with a high volume of visitors,
concentrated retail and commercial hubs, and persistent crime levels well above the
national average. Modernizing the City's camera system, enhancing real-time data
collection, and investing in advanced surveillance and investigative technology will greatly
improve the department's ability to prevent, respond to, and solve crimes.
Page 1 of 3
88
CITY OF
TUKWILA
Federal Grant Priorities
FEMA Shelter and Services Competitive Grant
Tukwila is a gateway city for refugees and immigrants, welcoming families from across the
globe impacted by conflict and crisis. This influx has placed increasing strain on the city's
housing, healthcare, and social services, challenges that persist today. Tukwila is benefiting
from FEMA's Shelter and Services Program (SSP), which provides critical federal funding to
support temporary shelter, food, healthcare, and other essential services for newly arrived
refugees and migrants. Continued federal investment through programs like SSP is vital to
help Tukwila meet the needs of its refugee population and ensure the city can continue to
serve as a safe and welcoming community for those seeking a fresh start.
Allentown Truck Reroute Project
The City of Tukwila is seeking federal investments to support completion of the Allentown
Truck Reroute Project, which will bring significant improvements to the City of Tukwila's
Allentown neighborhood. Completion of the project will establish an alternative corridor into
Allentown, one of the City's most disadvantaged neighborhoods, which will allow for the
rerouting of heavy truck traffic from BNSF's South Seattle Intermodal Facility. By rerouting
freight traffic to this new corridor trucks will no longer move through Allentown's residential
areas, producing a significant improvement to the area's safety and livability without
compromising operations of an intermodal freight connection. The City anticipates
completing an Environmental Impact Statement for the project this year.
Policy Priorities
Advanced Refunding
The City strongly supports the bipartisan legislation H.R. 1255, the Investing in Our
Communities Act. This legislation aims to reinstate tax-exempt advance refunding for
municipal bonds, a critical financing tool that was eliminated in the 2017 Tax Cuts and Jobs
Act. Restoring advance refunding will allow state and local governments, including publicly
owned water utilities, to refinance existing bonds at lower interest rates, thereby saving
money. These savings can be redirected towards essential projects such as water treatment
and infrastructure upgrades, which are vital for maintaining and improving public health and
safety. Passing this legislation will stimulate economic development, create jobs, and save
taxpayer dollars. By freeing up funds for capital improvements, the Investing in Our
Communities Act will enable local governments to undertake projects that enhance the
quality of life for residents and promote sustainable growth.
State and Local Tax (SALT) Deduction
Restoring or increasing the SALT deduction cap would significantly benefit Tukwila residents
by reducing their federal tax burden. This policy change would be particularly advantageous
Page 2 of 3
89
CITY OF
TUKWILA
for homeowners and those paying higher state and local taxes, allowing them to deduct a
larger portion of these taxes from their federal taxable income. This could lead to increased
disposable income, stimulating local economic activity.
Extension of Infrastructure Package Funding
Extending the Infrastructure Investment and Jobs Act (MA) funding beyond 2026 would
provide Tukwila with continued access to federal grants and programs such as RAISE/BUILD,
Safe Streets, Transformational Habitat Restoration and Reconnecting Communities. Protect
federal funding identified in the Bipartisan Infrastructure Law (BIL) and the Inflation
Reduction Act (IRA) for cities of all sizes. These programs support a wide range of
infrastructure improvements, including transportation, public safety, and community
connectivity. Sustained funding would allow Tukwila to plan and execute long-term projects,
enhancing the city's infrastructure, safety, and overall quality of life for its residents.
Contacts: Brandon Miles, City of Tukwila
Brandon.miles(@tukwilawa.gov
206.731.9071
David Hodges, CFM Advocates
davidh@cfmpnw.com
360.521.1476
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Page 3 of 3
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
3/17/25
LH
ITEM INFORMATION
ITEM No.
6.B.
STAFF SPONSOR: LAUREL HUMPHREY
ORIGINAL AGENDA DATE: 3/17/25
AGENDA ITEM TITLE South County Area Transportation Board (SCATBd) Interlocal Agreement Renewal
CATEGORY ® Discussion
Mtg Date 3/17/25
Z Motion
Mtg Date3/ 17/25
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ® Council ® Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PTV
SPONSOR'S
SUMMARY
SCATBd is a multi -jurisdictional transportation planning partnership and Councilmember
Martinez serves as Vice -Chair. The current Interlocal Agreement expires at the end of this
year and participating agencies are asked to approve an updated agreement by March 18
when SCATBd members will take a vote. The City Attorney has approved the updated ILA.
REVIEWED BY
❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
❑ LTAC
DATE:
❑ Arts Comm.
❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMIITLE n/a
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
$100
AMOUNT BUDGETED
$
APPROPRIATION REQUIRED
$
Fund Source: GENERAL FUND
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
3/17/25
MTG. DATE
ATTACHMENTS
3/17/25
Informational Memo dated 2/28/25
Draft agreement
91
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
T0: Committee of the Whole
FROM: Laurel Humphrey, Legislative Analyst
DATE: February 28, 2025
SUBJECT: South County Area Transportation Board Agreement
ISSUE
The South County Area Transportation Board (SCATBd) is expected to vote on an updated
Interlocal Agreement and member jurisdictions have been requested to complete approvals
by then.
SUMMARY
The mission of the South County Area Transportation Board is to serve as a South King
County forum for information sharing, consensus building and coordinating in order to
resolve transportation issues and promote transportation programs that benefit the South
King County area. Tukwila has been a member of SCATBd since the 1990s, and
Councilmember Martinez currently serves as Tukwila's voting representative, also serving as
2025 Vice -Chair. Membership currently costs $100.00 per year.
The changes in the updated agreement are summarized as follows:
- Removing Renton from SCATBd (Renton has decided not to split their voting power
and be a fulltime member of Eastside Transportation Partnership).
- Adding letters of support for transportation projects to the Boards' abilities
- Allowing for the option of co-chairs
- Changing "shall" collect due to "may" collect dues
RECOMMENDATION
The Council is asked to approve the Agreement at the March 17, 2025 Regular Meeting in
order to meet the deadline.
ATTACHMENTS
1. Draft South County Area Transportation Board Agreement
92
South County Area Transportation Board Agreement
Parties to Agreement
City of Algona
City of Auburn
City of Black Diamond
City of Burien
City of Covington
City of Des Moines
City of Enumclaw
City of Federal Way
City of Kent
City of Maple Valley
City of Milton
City of Normandy Park
City of Pacific
City of SeaTac
City of Tukwila
Muckleshoot Indian Tribe
King County
Transmitted to parties for approval and signature on
THIS AGREEMENT is made and entered into by and among the CITY OF ALGONA, hereafter called
"Algona"; the CITY OF AUBURN, hereafter called "Auburn"; the CITY OF BLACK DIAMOND,
hereafter called "Black Diamond"; the CITY OF BURIEN, hereafter called `Burien"; the CITY OF
COVINGTON, hereafter called "Covington"; the CITY OF DES MOINES, hereafter called "Des
Moines"; the CITY OF ENUMCLAW, hereafter called "Enumclaw"; the CITY OF FEDERAL WAY,
hereafter called "Federal Way"; the CITY OF KENT, hereafter called "Kent"; the CITY OF MAPLE
VALLEY, hereafter called "Maple Valley"; the CITY OF MILTON, hereafter called "Milton"; the
CITY OF NORMANDY PARK, hereafter called `Normandy Park"; the CITY OF PACIFIC, hereafter
called "Pacific"; ; the CITY OF SEATAC, hereafter called "SeaTac"; the CITY OF TUKWILA,
hereafter called "Tukwila"; the MUCKLESHOOT INDIAN TRIBE; and KING COUNTY, a legal
subdivision of the State of Washington, hereafter called "King County" as members of the South County
Area Transportation Board.
WHEREAS, the parties to this agreement recognize that multi jurisdictional transportation planning and
coordinated transportation plans benefit their citizens; and
WHEREAS, the South County Area Transportation Board has served as the central forum for
information sharing, consensus building, and coordination to develop recommendations for
transportation policies, projects and programs for the south King County area;
NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree
as follows:
1.0 Purpose of this Agreement
93
The purpose of this Agreement is to recognize the South County Area Transportation Board as the
transportation board for the south King County area to share information, build consensus, and provide
advice on plans, programs, policies and priorities for countywide, regional, state and federal
transportation decisions.
2.0 Members and Voting
Members shall have full voting rights, limited voting rights or shall be non -voting members, as follows:
2.1 Members with Full Voting Rights: Only jurisdictions which are signatories to this agreement
shall have full voting rights on all of the following issues before the South County Area Transportation
Board, unless otherwise noted, including:
1. Administrative issues, such as additional members and use of dues.
2. Identification of projects for the regional competition, if prescribed by the process approved by
the King County caucus of the Transportation Policy Board.
3. Recommendations to Sound Transit on policies and capital and service plans and
implementation.
4. Recommendations to King County on Metro Transit planning, development and implementation
of products and services.
5. Recommendations to WSDOT on policies, programs and projects.
6. Recommendations to the PSRC on plans, policies, programs and projects such as Transportation
2040 updates and regional funding policies, strategies or programs.
7. Recommendations to the State Legislature and committees and commissions established by the
Legislature on transportation policy, budget and priorities and legislative proposals and studies.
8. Recommendations to the federal delegation on federal legislation including reauthorization and
funding priorities and other transportation -related programs.
9. Letters of support for transportation projects.
2.2 Members with Limited Voting Rights: The South County Area Transportation Board may add
members with limited voting rights on the issues such as those listed below by unanimous vote of the
parties to this agreement in attendance at a regular meeting.
1. Recommendations to WSDOT on policies, programs and projects.
2. Recommendations to the PSRC on plans, policies, programs and projects such as Transportation
2040 updates and regional funding policies, strategies or programs.
3. Recommendations to the State Legislature and committees and commissions established by the
Legislature on transportation policy, budget and priorities and legislative proposals and studies.
4. Recommendations to the federal delegation on federal legislation including reauthorization and
funding priorities and other transportation -related programs.
2.2(a) Such members and voting rights, if any, shall be listed in operating procedures to be adopted by
the South County Area Transportation Board.
2.3 Non -Voting Members: The South County Area Transportation Board may add non -voting
members by unanimous vote of the parties to this agreement in attendance at a regular meeting. The
South County Area Transportation Board may remove non -voting members by a unanimous vote of the
parties to the agreement at a regular meeting.
2.3(a) Such members shall be included in operating procedures to be adopted by the South County Area
Transportation Board.
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94
3.0 Representation and Conduct
3.1 Representation of city and county members shall be as follows:
Full Voting Members
Number of
Representatives./Votes
City of Algona
1
City of Auburn
1
City of Black Diamond
1
City of Burien
1
City of Covington
1
City of Des Moines
1
City of Enumclaw
1
City of Federal Way
1
City of Kent
1
City of Maple Valley
1
City of Milton
1
City of Normandy Park
1
City of Pacific
1
City of SeaTac
1
City of Tukwila
1
Muckleshoot Indian Tribe
1
King County
3
3.2 Elected officials shall be appointed to the South County Area Transportation Board by their
cities and counties for a one-year term. King County representation shall be a maximum of two
Councilmembers and the King County Executive.
3.3 Each city or county participating member may appoint an alternate for a one-year term.
Designated alternates may vote in place of designated voting representatives in the absence of the
designated representative.
4.0 Operating Procedures
4.1 The South County Area Transportation Board shall adopt operating procedures to specify limited
voting members and non -voting members, if any, dues for limited and non -voting members, if any, and
operational issues such as election of officers, formation of subcommittees and rules of order. A chair
and vice -chair or co-chairs shall be elected per the operating procedures and shall be responsible for
setting meeting agenda, running meetings and any other activities identified in the operating procedures.
5.0 Lead Agency
5.1 King County will be the Lead Agency for receipt and disbursement of funds collected through
annual dues, and general administrative and program support for the South County Area Transportation
Board. King County assumes wage and benefit costs of its staff performing Lead Agency
responsibilities to the extent that King County appropriates such funds. The Lead Agency, in its sole
discretion, shall determine the level of staffing available based upon funding.
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95
5.2 Lead Agency responsibilities may be limited to: maintaining the South County Area
Transportation Board membership rosters and distribution lists; arranging for Board meetings, including
scheduling, agendas and rooms; collecting, administering and disbursing Board dues; providing Board
meeting support to the chair and vice chair or co-chairs; attending Board meetings; and preparing Board
meeting summaries.
6.0 Financing and Cost Sharing Guidelines
6.1 Annual Review of Financing: The South County Area Transportation Board shall determine by
June 30 of each year whether annual dues of $100.00 per voting representatives will be required of the
South County Area Transportation Board member jurisdictions for the following year. Additionally,
King County will provide the South County Area Transportation Board a status update on funds
collected and funds remaining by June 30 of each year.
6.2 Yearly Dues: The Lead Agency may bill annually at the end of each year, and dues are to be paid
within ninety days after receipt of the invoice. Members not in good standing shall lose voting rights
until the required dues are paid. Additional dues above $100.00, and any dues required by limited or
non -voting members, will be determined by the South County Area Transportation Board as prescribed
in the operating procedures. Revenue from dues shall be used for refreshments, room rentals, speaker
fees, special events, public education, or other expenses authorized by the South County Area
Transportation Board. The designated Lead Agency shall not be required to pay yearly dues.
6.3 Additional financial contributions: If additional financial contributions beyond an increase in
dues are determined to be necessary, costs shall be shared among all voting members, with an option for
King County to recuse itself from further financial obligations. Recused members may not vote on
determining the additional financial contribution or uses for the additional funds.
6.4 Modification to Agreement Required: If additional funds are determined to be necessary, a
modification to this agreement specifying cost -sharing, purpose, scope of work, administration,
collection and disbursement of funds and other details is required in order to obligate a member
jurisdiction to funding participation.
7.0 Withdrawal of a Party from this Agreement
Each party, for its convenience and without cause or for any reason whatsoever, may withdraw from
participation in this Agreement by providing written notice, sent certified mail, return receipt required,
to the chair of the South County Area Transportation Board at least thirty (30) days in advance of the
effective date of the withdrawal. A withdrawing party shall not be entitled to a refund of any payments
to the South County Area Transportation Board and shall pay any dues required to be paid under this
Agreement for costs which had been obligated prior to the effective date of the withdrawal. All
obligations other than dues cease upon withdrawal.
Each party's funding to perform its obligations under the Agreement, beyond the current appropriation
year, is conditional upon appropriation by the party's governing body of sufficient funds. Should such
an appropriation not be approved for a future year, a party may exercise its right to withdraw from the
Agreement.
8.0 Duration
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4
This Agreement shall take effect upon being duly adopted by the governing bodies of all parties and
executed by the authorized representatives of all parties. This Agreement shall remain in effect until
December 31, 2027, provided that unless terminated earlier in accordance with Section 9.0, this
Agreement shall be automatically extended upon the same terms or conditions for another term
commencing January 1, 2028, and ending no later than December 31, 2029.
9.0 Termination
All parties to this Agreement must agree to terminate this Agreement in order for such termination to be
effective. If all parties desire to terminate this Agreement, they shall execute a Statement of
Termination. Upon termination, no party shall be required to make any additional contributions. Any
remaining funds shall be refunded to the parties to this Agreement according to Section 11.0.
10.0 Real and Personal Property
The acquisition of real property is not anticipated under this Agreement. Any personal property acquired
pursuant to this Agreement shall be held by the Lead Agency. In the event this Agreement expires or is
terminated in accordance with Section 8.0 or 9.0, any personal property other than cash shall remain
with the Lead Agency.
11.0 Return of Funds
At such time as this Agreement expires without being extended or revised, or is terminated in
accordance with Section 9.0, any unexpended and uncommitted funds shall be distributed
proportionately to those parties to this Agreement at the time of termination based on each party's
percentage share of the total balance at the time of termination.
12.0 Filing
This Agreement shall be filed with the King County Department of Records and Elections.
13.0 Legal Relations
13.1 The parties shall comply with all applicable state and federal laws and regulations.
13.2 This Agreement is solely for the benefit of the parties hereto and gives no right to any other
party. No joint venture or partnership is formed as a result of this Agreement. No employees or agents of
one party or any of its contractors or subcontractors shall be deemed, or represent themselves to be,
employees of any other party.
13.3 Each party shall defend, indemnify and hold harmless the other party and all of its officials,
employees, principals and agents from all claims, demands, suits, actions, and liability of any kind
whatsoever which arise out of, are connected with, or are incident to any negligent acts of the first party,
its contractor, and/or employees, agents, and representatives in performing the first party's obligations
under this Agreement. The parties agree that their obligations under this paragraph extend to claims
made against one party by the other party's own employees. For this purpose, the parties, by mutual
negotiation, hereby waive any immunity that, as respects the other party only, would otherwise be
available against such claims under the industrial insurance provisions of RCW Title 51. In the event
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97
either party incurs attorney's fees, costs or other legal expenses to enforce the provisions of this section,
against the other party, all such fees, costs and expenses shall be recoverable by the prevailing party.
13.4 The provisions of this Section shall survive and remain applicable to each of the parties
notwithstanding any termination or expiration of this Agreement and notwithstanding a party's
withdrawal from this Agreement.
14.0 Entirety and Modifications
14.1 This Agreement merges and supersedes all prior negotiations, representations and agreements
between the parties relating to the subject matter hereof and constitutes the entire agreement between the
parties.
14.2 This Agreement may be modified or extended only by written instrument signed by all the
parties hereto.
15.0 Counterparts
The signature pages of this Agreement may be executed in any number of counterparts, each of which
shall be an original. For purposes of this Agreement, a duly authorized electronic signature constitutes
an original signature.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed and delivered by its
duly authorized officer or representative as of the date set forth below its signature.
City of Algona City of Auburn City of Black Diamond
By: By: By:
Date: Date: Date:
City of Burien City of Covington City of Des Moines
By: By: By:
Date: Date: Date:
City of Federal Way City of Kent City of Maple Valley
By: By: By:
Date: Date: Date:
City of Normandy Park City of Pacific
By: By:
Date: Date:
City of SeaTac City of Tukwila Muckleshoot Indian Tribe
By: By: By:
Date: Date: Date:
King County City of Enumclaw City of Milton
By: By: By:
Date: Date: Date:
98
6
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
3/17/25
SH
ITEM INFORMATION
ITEM No.
6.C.
STAFF SPONSOR: STACY HANSEN
ORIGINAL AGENDA DATE: 03/ 17/ 25
AGENDA ITEM TITLE Human Servivces 2025-26 contracts over $60,000
St. Stephen's Housing Association Harnett Manor property lease
CATEGORY ® Discussion
Mtg Date 3-17-25
® Motion
Mtg Date 3-17-25
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ® Mayor ❑ Admit Svcs ❑ DCD ❑ Finance ❑ Fire ❑ Pcr-R ❑ Police ❑ PJF
SPONSOR'S
SUMMARY
Staff is asking Council to authorize the Mayor's signature on four Human Services
contracts that total over $60,000 each. These contracts were approved for funding as part
of the Council adopted 2025-26 budget.
Staff is also asking Council to authorize the Mayor's signature on a property lease for
Hartnett Manor in partnership with St. Stephen's Housing Association
REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
❑ LTAC
DATE:
❑ Arts Comm.
❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN. Mayor's office/Human Servics Program
COMMII'1EE Council President requested this item be presented to COW on 3/10/25
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
$297,000
AMOUNT BUDGETED
$297,000
APPROPRIATION REQUIRED
$
Fund Source: GENERAL FUND
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
3/17/25
MTG. DATE
ATTACHMENTS
3/17/25
Info memo dated 2/28/25
Four Human Services contracts over $60,000
*Akin -school based mental health
*Multi Service Center-rent/utility assistance program
*Refugee Women's Alliance -basic needs/system navigation
*Tukwila Pantry - food bank
Property Lease signature for St. Stephen's Housing Association for Hartnett Manor
99
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Services and Safety
FROM: Stacy Hansen, Human Services Program Coordinator
CC: Thomas McLeod
DATE: February 27, 2025
SUBJECT: Human Services Contracts over $60,000 for the 2025-26 funding cycle & St.
Stephen Housing property lease
ISSUE
Human Services contracts with community -based organizations to support the residents' human
services needs. Four contracts are above the Mayor's signature authority and require Council
authorization.
Authorization is also requested on a property lease with non-profit St. Stephen Housing
Association regarding Hartnett Manor transitional housing located at 14688 Macadam Road
South, Tukwila, WA.
BACKGROUND
The Human Services non-profit program contracts are part of the larger 2025-2026 Mayor's
department budget. As in the past, each contract is for a two-year period. Information on the
contracts above the threshold including agency, program and budget are listed below:
Contract/Program Two-year contract total
Akin -School based mental health services $70,000 ($35,000)
Multi -Service Center-rent/utility assistance program $84,000 ($42,000)
Refugee Women's Alliance -Basic needs/system navigation $63,000 ($31,500)
Tukwila Pantry -food bank $80,000 ($30,000)
2 — year total for all contracts combined $297,000 ($148,500)
In December 2024, the Way Back Inn merged with the non-profit St. Stephen Housing
Association (SSHA). The Hartnett Manor property lease needs to reflect that St. Stephen
Housing Association is the new City partner who will be managing Hartnett Manor as transitional
housing, assisting unsheltered asylee seekers who are currently in Tukwila.
FINANCIAL IMPACT
Funding for the four non-profit contracts was approved as part of the Mayor's department
budget for the 2025-2026 biennial budget.
If repairs related to Hartnett Manor exceed $5,000, grant funding could be utilized to make
necessary repairs to keep the home in good condition which will maintain critical bed nights for
unsheltered asylee families.
RECOMNMENDATION
The Committee is being asked to forward the contract authorizations to the consent agenda on
March 17, 2025, regular meeting.
100
INFORMATIONAL MEMO
Page 2
ATTACHMENTS
Proposed — Children's Home Society — Akin contract
Proposed — Multi Service Center rent/utility assistance contract
Proposed — Refugee Women's Alliance — basic needs, system navigation
Proposed — Tukwila Pantry — food bank
Property lease agreement for Hartnett Manor between City of Tukwila and St. Stephen Housing
Association.
https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/Human Services/2 Info Memo HS Contracts over $60K - updated.docx
101
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA98188
CONTRACT FOR SERVICES
Contract Number:
This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter
optional municipal code city hereinafter referred to as "the City," and, Children's Home Society, dba Akin
hereinafter referred to as "the Contractor," whose principal office is located at 12360 Lake City Way NE,
Suite 100, Seattle, WA 98125.
WHEREAS, the City has determined the need to have certain services performed for its citizens
but does not have the manpower or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms
and conditions; now, therefore,
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. The 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, the 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. The 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 the Contractor for services rendered
according to the rate and method set forth on Exhibit A attached hereto and incorporated herein by this
reference. The total amount to be paid shall not exceed $35,000 in 2025 and $35,000 in 2026.
3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the
maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City
whenever the Contractor desires to amend its budget in any way.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing
January 1 , 2025, and ending December 31, 2026, unless sooner terminated under the provisions
hereinafter specified.
5. 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.
6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers,
officials, employees and volunteers harmless 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 the Public Entity.
CA Revised May 2020 Page 1 of 4
102
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 negligence of the Contractor and the Public Entity, its
officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the
extent of the Contractor's negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the 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.
7. Insurance. The 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 less 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 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: VI I.
CA Revised May 2020 Page 2 of 4
103
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 Public
Entity 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 Keepina and Reporting.
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 the City 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.
11. Discrimination Prohibited. The Consultant, 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. The 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.
CA Revised May 2020 Page 3 of 4
104
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
Notices to the Contractor shall be sent to the address provided by the Contractor upon the
signature line below.
16. Applicable Law: Venue: Attornev'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 signatures to be obtained by ** Contractor signature to be obtained by
City Clerk's Staff ONLY. ** sponsor staff. **
CITY OF TUKWILA
Thomas McLeod, Mayor
ATTEST/AUTHENTICATED:
Andy Youn, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
CONTRACTOR:
By:
Printed Name:
Title:
Address:
CA Revised May 2020 Page 4 of 4
105
Exhibit A
Scope of Services City of Tukwila
2025-2026 Program Services Agreement
Agency:
CHS dba Akin
2025 Funding:
$35,000.00
Program:
Outpatient Mental Health
2026 Funding:
$35,000.00
Effective Date:
January 1, 2025 thru December 31, 2026
Total:
$70,000.00
Definition of Service Unit Provide behavioral health services in Tukwila schools/community locations
(telehealth, office, home, etc.) Therapists will work with students and their family members to address a
variety of emotional and behavioral issues. Individual and/or group settings.
Quarter
Service Unit
# of Units
Quarterly
Billable 2025/26
1st
Unduplicated Tukwila residents/students
10
Hours of counseling
40
$8750.00
2nd
Unduplicated Tukwila residents/students
3
Hours of counseling
75
$8750.00
3rd
Unduplicated Tukwila residents/students
2
Hours of counseling
35
$8750.00
4th
Unduplicated Tukwila residents/students
3
Hours of counseling
75
$8750.00
ANNUAL
GOALS
UNDUPLICATED RESIDENTS/STUDENTS
Hours of Counseling
18
225
$35,000.00
The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The
Agency will be expected to meet at least 90% of the performance goals (outputs) as defined above. If the
Agency does not meet the 90% of performance goals, payment for services rendered under the agreement
will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the
Agency will be reimbursed at 100%. Any exceptions must be negotiated with the City. Exceptions may be
made in cases where circumstances beyond the Agency's control impact their ability to meet their service
unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are
made at the discretion of the City's Human Services Program Coordinator.
The Agency shall make all reasonable efforts to ascertain the eligibility of applicants for Agency services,
such eligibility to require residence within the City, and shall provide services under this Agreement only to
eligible applicants.
2025 & 2026
Personnel
$ 35,000.00
Non -Personnel
$
Budget/Annual award total
$ 35,000.00
Contract Administration:
In addition to quarterly and annual reporting, staff may perform desktop or onsite monitoring to ensure
contract compliance. Any onsite monitoring will be scheduled with adequate time to prepare for the visit.
CA Revised May 2020
106
Page 5 of 4
Demographic and Outcome Data Report
The Agency shall collect and retain demographic data from the persons served through this contract. Data
should be tracked in an ongoing manner and submitted annually by January 31 of the following year. Outcome
data shall be submitted annually in conjunction with the Demographic report. Data should be collected and
demonstrate the program's progress toward Outcomes as specified below.
Outcome: OPMH clients will make progress toward at least one goal on their individualized treatment plan
by the end of each year.
Measurement: 70% of program participants will achieve success in making progress in at least one
individual goal.
QUARTERLY REPORTS
DUE DATES
1st thru 3rd Quarter Reports
1st = April 15
2nd= July 15
3rd = October 15
4th and Final Annual Reimbursement
First week in January. Date to be announced.
Outcomes and Demographics
January 31, 2026 / January 31, 2027
CA Revised May 2020 Page 6 of 4
107
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA98188
CONTRACT FOR SERVICES
Contract Number:
This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter
optional municipal code city hereinafter referred to as "the City," and Multi -Service Center, hereinafter
referred to as "the Contractor," whose principal office is located at 1200 S. 336th St., Federal Way, WA
98003.
WHEREAS, the City has determined the need to have certain services performed for its citizens
but does not have the manpower or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms
and conditions; now, therefore,
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. The 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, the 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. The 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 the Contractor for services rendered
according to the rate and method set forth on Exhibit A attached hereto and incorporated herein by this
reference. The total amount to be paid shall not exceed $42,000 in 2025 and $42,000 in 2026.
3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the
maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City
whenever the Contractor desires to amend its budget in any way.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing
January 1 , 2025, and ending December 31, 2026, unless sooner terminated under the provisions
hereinafter specified.
5. 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.
6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers,
officials, employees and volunteers harmless 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 the Public Entity.
CA Revised May 2020 Page 1 of 6
108
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 negligence of the Contractor and the Public Entity, its
officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the
extent of the Contractor's negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the 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.
7. Insurance. The 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 less 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 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: VI I.
CA Revised May 2020 Page 2 of 6
109
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 Public
Entity 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 Keepina and Reporting.
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 the City 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.
11. Discrimination Prohibited. The Consultant, 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. The 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.
CA Revised May 2020 Page 3 of 6
110
14. Severabilitv 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
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 signatures to be obtained by ** Contractor signature to be obtained by
City Clerk's Staff ONLY. ** sponsor staff. **
CITY OF TUKWILA
Thomas McLeod, Mayor
ATTEST/AUTHENTICATED:
Andy Youn-Barnett, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
CONTRACTOR:
By:
Printed Name:
Title:
Address:
CA Revised May 2020 Page 4 of 6
111
Exhibit A
Scope of Services City of Tukwila
2025-2026 Program Services Agreement
Agency:
Multi -Service Center
2025 Funding:
$42,000.00
Program:
EARNS Program
2026 Funding:
$42,000.00
Effective Date:
January 1, 2025 thru December 31, 2026
Total:
$84,000.00
Definition of Service Unit Emergency assistance vouchers which include rent and utility assistance
Quarter
Service Unit
# of Units
Quarterly
Billable 2025/26
1st
Unduplicated Tukwila residents
12
Number of Tukwila vouchers written
6
2nd
Unduplicated Tukwila residents
12
Number of Tukwila vouchers written
6
3rd
Unduplicated Tukwila residents
13
Number of Tukwila vouchers written
7
4th
Unduplicated Tukwila residents
13
Number of Tukwila vouchers written
7
ANNUAL
GOALS
Unduplicated Tukwila residents
Tukwila vouchers
50
26
$42,000.00
The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The
Agency will be expected to meet at least 90% of the performance goals (outputs) as defined above. If the
Agency does not meet the 90% of performance goals, payment for services rendered under the agreement
will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the
Agency will be reimbursed at 100%. Any exceptions must be negotiated with the City. Exceptions may be
made in cases where circumstances beyond the Agency's control impact their ability to meet their service
unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are
made at the discretion of the City's Human Services Program Coordinator.
The Agency shall make all reasonable efforts to ascertain the eligibility of applicants for Agency services,
such eligibility to require residence within the City, and shall provide services under this Agreement only to
eligible applicants.
2025 & 2026
Personnel/Ops/Admin
$ 10,161.00
Non -Personnel
$ 31,839.00
Budget/Annual award total
$ 42,000.00
Contract Administration:
In addition to quarterly and annual reporting, staff may perform desktop or onsite monitoring to ensure
contract compliance. Any onsite monitoring will be scheduled with adequate time to prepare for the visit.
CA Revised May 2020 Page 5 of 6
112
Demographic and Outcome Data Report
The Agency shall collect and retain demographic data from the persons served through this contract. Data
should be tracked in an ongoing manner and submitted annually by January 31 of the following year. Outcome
data shall be submitted annually in conjunction with the Demographic report. Data should be collected and
demonstrate the program's progress toward Outcomes as specified below.
Outcome: After receiving assistance, participants are able to maintain housing.
Percentage of clients who will achieve result: 75%
QUARTERLY REPORTS
DUE DATES
1st thru 3rd quarter reports
1st = April 15th
2nd = July 15th
3rd = October 15th
4th and final annual reimbursement
First week in January. Date to be announced.
Outcomes and demographics
January 31st, 2026 / January 31st 2027
CA Revised May 2020 Page 6 of 6
113
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA98188
CONTRACT FOR SERVICES
Contract Number:
This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter
optional municipal code city hereinafter referred to as "the City," and Refugee Women's Alliance,
hereinafter referred to as "the Contractor, "whose principal office is located at 4008 Martin Luther King Jr.
Way S., Seattle, WA 98108
WHEREAS, the City has determined the need to have certain services performed for its citizens
but does not have the manpower or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms
and conditions; now, therefore,
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. The 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, the 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. The 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 the Contractor for services rendered
according to the rate and method set forth on Exhibit A attached hereto and incorporated herein by this
reference. The total amount to be paid shall not exceed $31,500 in 2025 and $31,500 in 2026.
3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the
maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City
whenever the Contractor desires to amend its budget in any way.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing
January 1 , 2025, and ending December 31, 2026, unless sooner terminated under the provisions
hereinafter specified.
5. 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.
6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers,
officials, employees and volunteers harmless 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 the Public Entity.
CA Revised May 2020 Page 1 of 6
114
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 negligence of the Contractor and the Public Entity, its
officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the
extent of the Contractor's negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the 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.
7. Insurance. The 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 less 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 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: VI I.
CA Revised May 2020 Page 2 of 6
115
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 Public
Entity 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 Keepina and Reporting.
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 the City 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.
11. Discrimination Prohibited. The Consultant, 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. The 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.
CA Revised May 2020 Page 3 of 6
116
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
Notices to the Contractor shall be sent to the address provided by the Contractor upon the
signature line below.
16. Applicable Law: Venue: Attornev'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 signatures to be obtained by ** Contractor signature to be obtained by
City Clerk's Staff ONLY. ** sponsor staff. **
CITY OF TUKWILA
Thomas McLeod, Mayor
ATTEST/AUTHENTICATED:
Andy Youn-Barnett, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
CONTRACTOR:
By:
Printed Name:
Title:
Address:
CA Revised May 2020 Page 4 of 6
117
Exhibit A - DRAFT
Scope of Services City of Tukwila
2025-2026 Program Services Agreement
Agency:
Refugee Women's Alliance
2025 Funding:
$31,500.00
Program:
Basic Needs Program
2026 Funding:
$31,500.00
Effective Date:
January 1, 2025 thru December 31, 2026
Total:
$63,000.00
Definition of Service Unit ReWA's services unit measures the number of case management hours.
Services include advocacy, barrier removal, housing assistance, health, employment and social services
TO BE CONFIRMED AT 3-6-25 CONTRACT MEETING
Quarter
Service Unit
# of Units
Quarterly
Billable 2025/26
1st
Unduplicated Tukwila residents served
13
Number of hours of case management
125
$7875.00
2nd
Unduplicated Tukwila residents served
12
Number of hours of case management
124
$7875.00
3rd
Unduplicated Tukwila residents served
12
Number of hours of case management
124
$7875.00
4th
Unduplicated Tukwila residents served
12
Number of hours of case management
124
$7875.00
ANNUAL
GOALS
Unduplicated Tukwila residents
Number of hours of case management
50
497
$31,500.00
The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The
Agency will be expected to meet at least 90% of the performance goals (outputs) as defined above. If the
Agency does not meet the 90% of performance goals, payment for services rendered under the agreement
will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the
Agency will be reimbursed at 100%. Any exceptions must be negotiated with the City. Exceptions may be
made in cases where circumstances beyond the Agency's control impact their ability to meet their service
unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are
made at the discretion of the City's Human Services Program Coordinator.
The Agency shall make all reasonable efforts to ascertain the eligibility of applicants for Agency services,
such eligibility to require residence within the City, and shall provide services under this Agreement only to
eligible applicants.
2025 & 2026
Personnel
$
Non -Personnel
$
Budget/Annual award total
$ 31,500.00
Contract Administration:
In addition to quarterly and annual reporting, staff may perform desktop or onsite monitoring to ensure
contract compliance. Any onsite monitoring will be scheduled with adequate time to prepare for the visit.
CA Revised May 2020 Page 5 of 6
118
Demographic and Outcome Data Report
The Agency shall collect and retain demographic data from the persons served through this contract. Data
should be tracked in an ongoing manner and submitted annually by January 31 of the following year. Outcome
data shall be submitted annually in conjunction with the Demographic report. Data should be collected and
demonstrate the program's progress toward Outcomes as specified below.
Outcome: Basic needs participants will have increased knowledge of available resources and support in
accessing them.
Percentage of clients who will achieve this: 85%
QUARTERLY REPORTS
DUE DATES
1st thru 3rd quarter reports
1st = April 15th
2nd = July 15th
3rd = October 15th
4th and final annual reimbursement
First week in January. Date to be announced.
Outcomes and demographics
January 31st, 2026 / January 31st 2027
CA Revised May 2020 Page 6 of 6
119
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA98188
CONTRACT FOR SERVICES
Contract Number:
This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter
optional municipal code city hereinafter referred to as "the City," and Tukwila Pantry, hereinafter referred
to as "the Contractor, "whose principal office is located at 3118 S. 140th St., Tukwila, WA 98168.
WHEREAS, the City has determined the need to have certain services performed for its citizens
but does not have the manpower or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms
and conditions; now, therefore,
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. The 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, the 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. The 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 the Contractor for services rendered
according to the rate and method set forth on Exhibit A attached hereto and incorporated herein by this
reference. The total amount to be paid shall not exceed $40,000 in 2025 and $40,000 in 2026.
3. Contractor Budaet. The Contractor shall apply the funds received under this Agreement within the
maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City
whenever the Contractor desires to amend its budget in any way.
4. Duration of Aareement. This Agreement shall be in full force and effect for a period commencing
January 1, 2025, and ending December 31, 2026, unless sooner terminated under the provisions
hereinafter specified.
5. 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.
6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers,
officials, employees and volunteers harmless 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 the Public Entity.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
CA Revised May 2020 Page 1 of 6
120
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 negligence of the Contractor and the Public Entity, its
officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the
extent of the Contractor's negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the 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.
7. Insurance. The 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 less 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 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: VI I.
CA Revised May 2020 Page 2 of 6
121
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 Public
Entity 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 Keepina and Reporting.
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 the City 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.
11. Discrimination Prohibited. The Consultant, 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. Assianment and Subcontract. The 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
CA Revised May 2020 Page 3 of 6
122
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
Notices to the Contractor shall be sent to the address provided by the Contractor upon the
signature line below.
16. Applicable Law: Venue: Attornev'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 signatures to be obtained by ** Contractor signature to be obtained by
City Clerk's Staff ONLY. ** sponsor staff. **
CITY OF TUKWILA
Thomas McLeod, Mayor
ATTEST/AUTHENTICATED:
Andy Youn-Barnett, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
CONTRACTOR:
By:
Printed Name:
Title:
Address:
CA Revised May 2020 Page 4 of 6
123
Exhibit A
Scope of Services City of Tukwila
2025-2026 Program Services Agreement
Agency:
Tukwila Pantry
2025 Funding:
$40,000.00
Program:
Tukwila Pantry
2026 Funding:
$40,000.00
Effective Date:
January 1, 2025 thru December 31, 2026
Total:
$80,000.00
Definition of Service Unit Report pounds of food distributed to all Tukwila residents. Report number of
unduplicated Tukwila residents.
No goal set. REPORT ON function.
Quarter
Service Unit
# of Units
Quarterly
Billable 2025/26
1st
Pounds of food distributed
# of duplicated Tukwila residents
# of unduplicated Tukwila residents
$10,000.00
2nd
Pounds of food distributed
# of duplicated Tukwila residents
# of unduplicated Tukwila residents
$10,000.00
3rd
Pounds of food distributed
# of duplicated Tukwila residents
# of unduplicated Tukwila residents
$10,000.00
4th
Pounds of food distributed
# of duplicated Tukwila residents
# of unduplicated Tukwila residents
$10,000.00
ANNUAL
GOALS
Report on: Pounds of food distributed,
Duplicated residents, Unduplicated residents
$40,000.00
The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The
Agency will be expected to meet at least 90% of the performance goals (outputs) as defined above. If the
Agency does not meet the 90% of performance goals, payment for services rendered under the agreement
will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the
Agency will be reimbursed at 100%. Any exceptions must be negotiated with the City. Exceptions may be
made in cases where circumstances beyond the Agency's control impact their ability to meet their service
unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are
made at the discretion of the City's Human Services Program Coordinator.
The Agency shall make all reasonable efforts to ascertain the eligibility of applicants for Agency services,
such eligibility to require residence within the City, and shall provide services under this Agreement only to
eligible applicants.
2025 & 2026
Personnel
$ 40,000.00
Non -Personnel
$
Budget/Annual award total
$ 40,000.00
Contract Administration:
In addition to quarterly and annual reporting, staff may perform desktop or onsite monitoring to ensure
contract compliance. Any onsite monitoring will be scheduled with adequate time to prepare for the visit.
CA Revised May 2020
124
Page 5 of 6
Demographic and Outcome Data Report
The Agency shall collect and retain demographic data from the persons served through this contract. Data
should be tracked in an ongoing manner and submitted annually by January 31 of the following year. Outcome
data shall be submitted annually in conjunction with the Demographic report. Data should be collected and
demonstrate the program's progress toward Outcomes as specified below.
Outcome: Clients will report via survey that the food supplements have helped stabilize their nutritional
needs.
Percentage of patrons who will achieve this result: 75%
QUARTERLY REPORTS
DUE DATES
1st thru 3rd Quarter Reports
1st = April 15
2nd= July 15
3rd = October 15
4th and Final Annual Reimbursement
First week in January. Date to be announced.
Outcomes and Demographics
January 31, 2026 / January 31, 2027
CA Revised May 2020 Page 6 of 6
125
RESIDENTIAL LEASE AGREEMENT
HARTNETT MANOR
This lease is made effective January 1, 2025, between the City of Tukwila, a municipal
corporation, as "Lessor," and St. Stephen Housing Association, a Washington non-profit
corporation, as "Lessee" (collectively, the "Parties").
WHEREAS, homelessness continues to be an issue for residents of the City of
Tukwila and the greater community at large; and
WHEREAS, Lessor, a Washington municipal corporation, has determined that
the provision of transitional housing to homeless and impoverished members of the
community serves a fundamental governmental purpose as it protects the public health,
safety, and welfare; and
WHEREAS, Lessee is a Washington non-profit corporation that provides
temporary and transitional housing to the homeless;
Now, therefore, the Parties agree as follows:
1. PREMISES: Lessor shall lease to Lessee the Residence currently situated at 14688
Macadam Road South, Tukwila, Washington ("Premises").
2. TERM: The term of this lease shall be for one year, commencing on January 1, 2025
and shall terminate on December 31, 2025, unless sooner terminated as a result of
Lessee's default hereunder in accordance with the termination provisions set forth
in paragraph 19. The Lessor reserves the right to terminate the lease at its
convenience prior to the completion of the five-year term at any time for any
reason with 90 days' prior written notice.
3. POSSESSION: Lessee shall be deemed to have accepted possession of the leased
premises in an "as -is" condition. Lessor has made no representations to Lessee
respecting the condition of the lease premises.
4. CONSIDERATION: In consideration of Lessee providing housing to homeless
members of the Tukwila community, Lessee may occupy the leased premises rent
free for the duration of this Lease; provided, Lessee shall make any and all
necessary improvements to the Premises, including the Residence located thereon,
at Lessee's sole expense. Such improvements shall not be commenced without the
express written consent of Lessor and shall be subject to final inspection and the
approval of the Lessor. Further, Lessee shall be responsible for costs associated
with or arising out of the maintenance and operation of the leased Premises as set
forth herein.
5. USE: Lessee shall use the leased premises to provide free, temporary single-family
dwellings for homeless families with children whose income falls below 50% of
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King County median income and all current uses incidental thereto, and for no
other purpose without first obtaining Lessor's prior written consent. Lessee shall
screen all housing applicants to ensure that applicants meet the income
qualifications set forth herein. Lessee shall provide Lessor with an annual report
each year reflecting data regarding the populations served by Lessee at the
Premises.
6. MAINTENANCE AND REPAIR RESPONSILIBITY: Lessee shall, when and if
needed, at Lessee's sole expense, make any and all necessary minor repairs to the
Premises and every part thereof. For purposes of this provision, the term "minor
repair" means any repair for which the sum total of parts and labor is under $5,000
per occurrence. Lessee shall not be required to pay more than a total of [$5,000] on
minor repairs during the term of this agreement. Lessee shall notify Lessor
immediately when Lessee has spent a total of $5,000 on minor repairs during the
terms of this agreement. Lessee shall also notify Lessor immediately of any needed
major repairs or unsafe conditions existing in or around the Premises. Lessor shall,
when and if needed, at Lessor's sole expense, make all necessary major repairs to
the Premises and every part thereof. For purposes of this provision, the term
"major repair" means any repair for which the sum total of parts and labor is $5,000
or more. Lessee shall maintain the Premises in a neat, clean, and sanitary condition.
Lessee shall surrender the leased Premises to Lessor in good condition upon the
termination of this lease, reasonable wear and tear expected.
7. UTILITIES: Lessee shall pay prior to delinquency for all heat, light, water and
other utility services supplied to the Premises.
8. ALTERATIONS AND ADDITIONS BY LESSEE: After obtaining the prior
consent of Lessor, Lessee may make, at its sole expense, such additional
improvements or alterations to the leased premises, which it may deem necessary
or desirable. Any repairs or new construction by Lessee shall be done in conformity
with plans and specifications approved by Lessor. All work performed shall be
done in a workmanlike manner and shall become the property of the Lessor.
9. LIENS: Lessee shall keep the leased premises free from any liens arising out of any
work performed, materials furnished, or obligations incurred by Lessee.
10. INSURANCE: Lessee shall procure and maintain for the duration of this Lease,
insurance against claims for injuries to persons or damage to property which may
arise from or in connection with the Lessee's operation and use of the leased
Premises. Lessee's maintenance of insurance as required by the agreement shall
not be construed to limit the liability of the Lessee to the coverage provided by
such insurance, or otherwise limit the Lessor's recourse to any remedy available at
law or in equity. Lessee shall maintain Commercial General Liability insurance
written with limits no less than $1,000,000 each occurrence, $2,000,000 general
aggregate. Commercial General Liability insurance shall be at least as broad as
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Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises
and contractual liability. The Lessor shall be named as additional an insured on
Lessee's Commercial General Liability insurance policy using ISO Additional
Insured -Managers or Lessors of Premises Form CG 20 11 or a substitute
endorsement providing at least as broad coverage. Lessee shall also maintain
property insurance, which shall be written covering the full value of Lessee's
property and improvements with no coinsurance provisions. Property insurance
shall be written on an all risk basis. The Lessee's Commercial General Liability
insurance policy or policies are to contain, or be endorsed to contain that they shall
be primary insurance as respect the Lessor. Any Insurance, self-insurance, or self -
insured pool coverage maintained by the Lessor shall be excess of the Lessee's
insurance and shall not contribute with it. Insurance is to be placed with insurers
with a current A.M. Best rating of not less than A: VII. Lessee shall furnish the
Lessor with original certificates and a copy of the amendatory endorsements,
including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Lessee. Lessee and Lessor hereby
release and discharge each other from all claims, losses and liabilities arising from
or caused by any hazard covered by property insurance on or in connection with
the premises or said building. This release shall apply only to the extent that such
claim, loss or liability is covered by insurance. The Lessee shall provide the Lessor
with written notice of any policy cancellation within two business days of their
receipt of such notice. Failure on the part of the Lessee to maintain the insurance
as required shall constitute a material breach of lease, upon which the Lessor may,
after giving five business days' notice to the Lessee to correct the breach, terminate
the Lease or, at its discretion, procure or renew such insurance and pay any and all
premiums in connection therewith, with any sums so expended to be repaid to the
Lessor on demand. If the Lessee maintains higher insurance limits than the
minimums shown above, the Lessor shall be insured for the full available limits of
Commercial General and Excess or Umbrella liability maintained by the Lessee,
irrespective of whether such limits maintained by the Lessee are greater than those
required by this contract or whether any certificate of insurance furnished to the
Lessor evidences limits of liability lower than those maintained by the Lessee.
During the term of this Lease, the Lessor shall maintain all-risk property insurance
covering the Residence located on the Premises for its full replacement value.
Lessee expressly agrees that should damage arise to the Premises or Residence that
is covered by Lessor's insurance but not Lessee's, Lessee shall reimburse Lessor for
the cost of Lessor's deductible. Such reimbursement shall be made within thirty
days of Lessor's written request for reimbursement.
11. INDEMNIFICATION: Lessee shall bear the sole risk for all personal property on
the Premises. Lessor, its officials, employees and agents shall not be liable for any
injury to or death of any person, or damage to property, sustained or alleged to
have been sustained by Lessee, invitees or others as a result of any condition
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(including future conditions) in, on or about the Premises, or the improvements
comprising any portion of the Premises; or as a result of the Premises becoming out
of repair, or caused by fire or by the bursting or leaking of water, gas, sewer or
steam pipes, or due to or the result of mold, fungus, water intrusion, asbestos, lead
or other toxic materials or chemicals, or due to or the result of any accident from
whatsoever cause in and about the Premises. Lessee agrees to indemnify, defend
and hold Lessor, and its officials, staff, employees and agents, harmless from any
and all claims, liabilities, losses, damages, actions, costs and expenses of any kind
(including reasonable attorneys' fees) arising out of or related to Lessee's use of the
Premises or the operation and/or conduct of its business or any activity or thing
occurring on or about the Premises, and for property damage or bodily injury
(including death) suffered on or about the Premises by any person, firm or
corporation, except to the extent such loss or damage resulting from the gross
negligence of the Lessor or a breach of the terms of this Lease. The terms of this
Section 11 shall survive any expiration or termination of this Lease.
The indemnification obligations contained in this Section 11 shall not be limited by
any worker's compensation benefits or disability laws, and Lessee hereby waives
any immunity that it may have under the Industrial Insurance Act, Title 51 RCW
and similar worker's compensation benefits or disability laws.
Lessee agrees that they have read the above provision and that any questions they
had concerning it were fully explained to their satisfaction by Lessee's attorney or
agent. Lessee understands that they will be the party held financially responsible
under all conditions and not the City of Tukwila or its officials, employees, or
agents.
12. ASSIGNMENT AND SUBLETTING: Lessee shall not assign this lease or any part
thereof, either by operation of law or otherwise, without first obtaining the prior
written consent of Lessor.
13. DEFAULT: Failure by Lessee to observe or perform any of the covenants,
conditions, or provisions of this lease, where such failure shall continue for a
period of ten days after written notice from Lessor to cure the default, shall
constitute a default and breach of the lease by the Lessor. Lessee shall notify Lessor
promptly of any default not by its nature necessarily known to Lessor.
14. ACCESS: Lessee shall permit Lessor to enter the leased premises at reasonable
times for the purpose of inspecting the leased premises and ascertaining
compliance with the provisions hereof by Lessee, but nothing herein shall be
construed as imposing any obligation on Lessor to perform any such work or
duties. Lessor reserves the right to property inspection and testing for the Lessor's
future development purposes. Lessor will give Lessee at least 48 hours' notice in
the event of access needed for property testing.
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129
15. COMPLIANCE WITH LAWS, RULES AND REGULATIONS: Lessee shall, at its
sole cost and expense, promptly comply with all laws, statutes, ordinances, and
governmental rules, regulations or requirements now in force or which may
hereafter be in force relating to or affecting the conditions, use, or occupancy of the
leased premises. Lessee shall faithfully observe and comply with the rules and
regulations that Lessor shall from time to time promulgate, including, without
limitation, those regulations affecting signage on the Property.
16. PERMITS: Lessee shall, at its sole cost and expense, be responsible for obtaining
any permits or licenses that are necessary to perform the work and covenants of
this lease Agreement.
17. LEASEHOLD EXCISE TAXES: The Parties believe that this Lease is exempt from
the requirements of chapter 82.29A RCW; however, in the event that the
Washington State Auditor's Office determines that leasehold excise tax is owing,
such costs shall be born by Lessee. In such case, Lessor may make payment of the
amount determined to be owed, and Lessee shall reimburse Lessor for such costs
within 30 days of receipt of Lessor's request for reimbursement.
18. NOTICE: All notices under this lease shall be in writing and shall be effective
when mailed by certified mail or delivered to Lessor at the address below stated, or
to Lessee at the address below stated or to such other address as either party may
designate from time to time:
LESSOR: CITY OF TUKWILA LESSEE: St. Stephen Housing Association
ATTN: Mayor's Office 13055 SE 192nd Street
6200 Southcenter Boulevard Renton, Washington 98058-7604
Tukwila, Washington 98188
19. TERMINATION: Either party has the right to terminate this Lease if the other
party is in default of any material obligation or representation of this lease which
default is incapable of cure, or which being capable of cure, is not cured within ten
days after receipt of written notice of such default.
20. GENERAL PROVISIONS:
A. TIME IS OF THE ESSENCE OF THIS LEASE.
B. In the event of any action or proceeding brought by either party against the
other under this lease, the Prevailing party shall be entitled to recover for the
fees of its attorneys in such action or proceeding, including costs of appeal, if
any, in such amount as the court may adjudge reasonable Attorneys' fees. For
the purposes of this provision, the terms "action" or "proceeding" shall include
arbitration, administrative, bankruptcy, and judicial proceedings, including
appeals therefrom.
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C. This lease shall be construed and governed by the laws of the State of
Washington.
D. Upon termination of this lease, Lessee shall surrender all keys to the Lessor at
the place then fixed for notice.
21. AUTHORITY OF LESSEE: Lessee, and each individual executing this lease on
behalf of Lessee, represent and warrant that s/he is duly authorized to execute and
deliver this lease, and that this lease is binding upon Lessee in accordance with its
terms.
22. WAIVER AND FORBEARANCE: No waiver by Lessor of any breach or default by
lessee of any of its obligations or agreement or covenants herein, shall be deemed
to be a waiver of any subsequent breach or default of the same or any other
covenant, agreement or obligation, nor shall forbearance by Lessor to seek remedy
for any breach or default of Lessee be deemed a waiver by Lessor or its rights and
remedies with respect to such breach or default.
THIS LEASE IS SUBJECT TO ACCEPTANCE BY LESSOR.
IN WITNESS THEREOF, the parties hereto have executed this Lease the date and
year above written.
LESSOR: LESSEE:
By: By:
Its: Its:
Date: Date:
APPROVED AS TO FORM:
Office of the City Attorney
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STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day of , 2024, personally appeared before me the undersigned, a
Notary Public, in and for the State of Washington, duly commissioned and sworn,
, to me known to be the Mayor of the City of Tukwila, a Washington
state municipal corporation, that executed the foregoing instrument and acknowledged the said
instrument to be the free and voluntary act and deed of said City of Tukwila, for the uses and
purposes therein mentioned, and on oath stated that they are authorized to execute the said
instrument.
WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first
above written.
(Signature of Notary)
(Legibly Print or Stamp Name of Notary)
Notary public in and for the State of Washington,
residing at
My appointment expires
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132
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day of , 2024, personally appeared before me the undersigned, a
Notary Public, in and for the State of Washington, duly commissioned and sworn,
, to me known to be the of the St. Stephen
Housing Association, a Washington non-profit corporation, that executed the foregoing
instrument and acknowledged the said instrument to be the free and voluntary act and deed of
said St. Stephen Housing Association, for the uses and purposes therein mentioned, and on oath
stated that they are authorized to execute the said instrument.
WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first
above written.
(Signature of Notary)
(Legibly Print or Stamp Name of Notary)
Notary public in and for the State of Washington,
residing at
My appointment expires
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134
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
3/17/25
DR
ITEM INFORMATION
ITEM No.
6.D.
STAFF SPONSOR: DAVID ROSEN
ORIGINAL AGENDA DATE: 3/17/25
AGENDA ITEM TIME Grant Award Acceptance: Washington State Department of Commerce Local
Community Projects Program Grants for TCC HVAC Replacement Project Phase 1
CATEGORY El Discussion
Mtg Date 3/ 17/25
❑ Motion
Mtg Date
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
® Other
Mtg Date 3/17/25
SPONSOR ❑ Council ❑ Alayor ❑ Adndn Svcs ❑ DCD ❑ Finance ❑ Fire
® IkFR ❑ Police ® Pik
SPONSOR'S
SUMMARY
The City of Tukwila has been awarded grants via the Washington State Department of
Commerce's Local Community Projects Program to complete the TCC HVAC Replacement
Phase 1 Project. These grants total $749,810, an amount that requires council approval
before the mayor may sign either grant agreement for final execution. City staff
recommend the council approve these grant agreements on its 3/17/25 Regular Meeting
Consent agenda.
REVIEWED BY
❑ Trans&infrastrucnu-e Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
❑ LTAC
DATE:
❑ Arts Comm.
❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN. Parks & Recreation Department
COMMI fi EE
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
$0
AMOUNT BUDGETED
$749,810
APPROPRIATION REQUIRED
$749,810
Fund Source: STATE OF WASHINGTON 2023-25 CAPITAL BUDGET
Comments: These funds will act as a reimbursement grant
MTG. DATE
RECORD OF COUNCIL ACTION
3/17/25
MTG. DATE
ATTACHMENTS
3/17/25
Informational Memorandum dated 2/27/25
A --- Proposed Grant Agreement in the Amount of $250,260 (#23-96643-121)
B --- Proposed Grant Agreement in the Amount of $499,550 (#24-96647-296)
C --- Selected Sections of the TCC HVAC Replacement Phase 1 Energy Services Proposal
135
)City of Tukwila
Parks & Recreation Department - Pete Mayer, Director
INFORMATIONAL MEMORANDUM
Thomas McLeod, Mayor
TO: City Council
FROM: David Rosen, Parks & Recreation Fiscal Analyst
DATE: February 27, 2025
SUBJECT: Grant Acceptance: Washington State Department of Commerce Local Community
Projects Program — TCC HVAC Replacement Project Phase 1 Funding
ISSUE
The City of Tukwila, by way of state appropriations in the State of Washington's 2023-25 Capital
Budget has been awarded grants via the Washington State Department of Commerce's Local
Community Projects Program to complete the TCC HVAC Replacement Phase 1 Project. These grants,
between two contracts, total $749,810, an amount that requires council approval before the mayor may
sign either grant agreement for final execution.
BACKGROUND
The Washington State Department of Commerce Local Community Projects Program acts as the direct
grant funding program through the state for capital investment in community facilities such as
community centers, early learning facilities, behavioral health facilities, and recreational facilities across
the state. Contracting has been taking place the past several months with various efforts including
cultural resources review, tribal consultation outreach, scope clarification, and now the final contract
execution taking place now.
DISCUSSION
The Tukwila Community Center HVAC Replacement Project is currently nearing completion of Phase 1,
which includes a full replacement of its boiler and HVAC controls system. This phase totals $1,735,419
in costs with funding coming from King County and State of Washington grants as well as existing fund
balance in the city's Land Acquisition, Recreation, and Park Development Fund (301). In total, the city's
contribution to the project is estimated to be about 23% of the project cost or approximately $399,000.
FINANCIAL IMPACT
This is a reimbursement grant, wherein the City of Tukwila will receive reimbursement from the
Department of Commerce after the completion of the scope of work. Therefore, execution of the
proposed grant agreements will not create any net inflows or outflows for any City of Tukwila fund. The
contracts allow for incurring expenses for three years prior to the biennium awarded, meaning these
contracts can cover July 2020 and forward, which encompasses the project's entire history to date.
RECOMMENDATION
City staff recommend the Committee of the Whole forward both grant agreements to the March 17'
Regular Meeting Consent Agenda for final approval.
ATTACHMENTS
A --- Proposed Grant Agreement in the Amount of $250,260 (Grant Agreement # 23-96643-121)
B --- Proposed Grant Agreement in the Amount of $499,550 (Grant Agreement # 24-96647-296)
C --- Selected Sections of the TCC HVAC Replacement Phase 1 Energy Services Proposal
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
136
Docusign Envelope ID: C372AEAD-C7C8-4A0E-B4DA-B1 E33A852578
Grant to
For
ink Washington State
140 Department
City of Tukwila
through
The Local Community Projects Program
Tukwila Community Center
137
Docusign Envelope ID: C372AEAD-C7C8-4A0E-B4DA-B1 E33A852578
Table of Contents
FACE SHEET 4
SPECIAL TERMS AND CONDITIONS 5
1. GRANT MANAGEMENT 5
2. COMPENSATION 5
3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES 5
4. STATE PUBLIC WORKS 6
5. SITE CONTROL 6
6. DOCUMENTATION AND SECURITY 6
7. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL
PROPERTY PERFORMANCE MEASURES 7
8. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT 7
9. BILLING PROCEDURES AND PAYMENT 8
10. CLOSEOUT CERTIFICATION 9
11. INSURANCE 9
12. ORDER OF PRECEDENCE 11
13. REDUCTION IN FUNDS 11
14. REAPPROPRIATION 12
15. OWNERSHIP OF PROJECT/CAPITAL FACILITIES 12
16. CHANGE OF OWNERSHIP OR USE FOR GRANTEE -OWNED PROPERTY 12
17. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE 12
18. MODIFICATION TO THE PROJECT BUDGET 13
19. SIGNAGE, MARKERS AND PUBLICATIONS 13
20. HISTORICAL AND CULTURAL ARTIFACTS 14
21. TERMINATION FOR FRAUD OR MISREPRESENTATION 14
22. FRAUD AND OTHER LOSS REPORTING 15
23. PUBLIC RECORDS ACT 15
24. APPLICABILITY OF COPYRIGHT PROVISIONS TO ARCHITECTURAL/ENGINEERING DESIGN
WORK 15
25. TREATMENT OF ASSETS 15
GENERAL TERMS AND CONDITIONS 16
1. DEFINITIONS 16
2. ACCESS TO DATA 16
3. ADVANCE PAYMENTS PROHIBITED 16
4. ALL WRITINGS CONTAINED HEREIN 16
5. ALLOWABLE COSTS 16
6. AMENDMENTS 17
7. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO
REFERRED TO AS THE "ADA" 28 CFR PART 35 17
8. ASSIGNMENT 17
i
138
Docusign Envelope ID: C372AEAD-C7C8-4A0E-B4DA-B1 E33A852578
9. ATTORNEYS' FEES 17
10. AUDIT 17
11. BREACHES OF OTHER STATE CONTRACTS 18
12. CODE REQUIREMENTS 18
13. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION 18
14. CONFORMANCE 19
15. CONFLICT OF INTEREST 19
16. COPYRIGHT PROVISIONS 19
17. DISALLOWED COSTS 20
18. DISPUTES 20
19. DUPLICATE PAYMENT 20
20. GOVERNING LAW AND VENUE 21
21. INDEMNIFICATION 21
22. INDEPENDENT CAPACITY OF THE GRANTEE 21
23. INDUSTRIAL INSURANCE COVERAGE 21
24. LAWS 21
25. LICENSING, ACCREDITATION, AND REGISTRATION 22
26. LIMITATION OF AUTHORITY 22
27. LOCAL PUBLIC TRANSPORTATION COORDINATION 22
28. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS 22
29. PAY EQUITY 22
30. POLITICAL ACTIVITIES 23
31. PREVAILING WAGE LAW 23
32. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION 23
33. PUBLICITY 23
34. RECAPTURE 24
35. RECORDS MAINTENANCE 24
36. REGISTRATION WITH DEPARTMENT OF REVENUE AND SECRETARY OF STATE 24
37. RIGHT OF INSPECTION 24
38. SAVINGS 24
39. SEVERABILITY 25
40. SITE SECURITY 25
41. SUBGRANTING/SUBCONTRACTING 25
42. SURVIVAL 25
43. TAXES 25
44. TERMINATION FOR CAUSE 26
45. TERMINATION FOR CONVENIENCE 26
46. TERMINATION PROCEDURES 26
47. TREATMENT OF ASSETS 27
48. WAIVER 27
ATTACHMENT A - SCOPE OF WORK 28
ii 139
Docusign Envelope ID: C372AEAD-C7C8-4A0E-B4DA-B1 E33A852578
ATTACHMENT B - PROJECT BUDGET 29
ATTACHMENT C - CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE
PROJECT 30
ATTACHMENT D - CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES
31
ATTACHMENT E - CERTIFICATION OF INTENT TO ENTER THE LEADERSHIP IN ENERGY AND
ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS 32
140
iii
Docusign Envelope ID: C372AEAD-C7C8-4A0E-B4DA-B1 E33A852578
FACE SHEET
Grant Agreement Number: 23-96643-121
Project Name: Tukwila Community Center
Washington State Department of Commerce
Local Government Division
Local Community Projects
1. GRANTEE
City of Tukwila
6200 SOUTHCENTER BLVD
TU KW I LA, WA 98188-8548
2. GRANTEE Doing Business As (optional)
3. GRANTEE Representative
David Rosen
Fiscal Analyst
(206) 767-2310
david.rosen@tukwilawa.gov
4. COMMERCE Representative
Pat Hughes
Program Manager
(360) 725-4187
pat.hughes@commerce.wa.gov
P.O. Box 42525
1011 Plum Street SE
Olympia, WA 98504-2525
5. Grant Amount
$250,260.00
6. Funding
Federal:
Other:
Source
7. Start Date
Upon Final Signature
8. End Date
June 30, 2025, if funds are not
reappropriated; June 30, 2027,
contingent on reappropriation.
❑ State: //
❑ N/A: ❑
9. Federal Funds (as applicable) Federal Agency CFDA Number
N/A N/A N/A
10.Tax ID#
91-6001519
11.SWV#
SWV0018023-00
12.UBI#
179000208
13.UEI#
U EQ N MC26C8T3
14. Grant Purpose
The purpose of this performance -based Grant Agreement is to provide funding for the Tukwila Community Center HVAC
Replacement Phase 1 Project located at 12424 42nd Ave S, Tukwila, WA 98168 as described in Attachment A — Scope of
Work.
COMMERCE, defined as the Washington State Department of Commerce, and the GRANTEE, as defined above,
acknowledge and accept the terms of this Grant Agreement and attachments and have executed this Grant Agreement on
the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Grant
Agreement are governed by this Grant Agreement and the following other documents incorporated by reference: Grant
Agreement Terms and Conditions including Attachment A — Scope of Work, Attachment B — Budget, Attachment C —
Certification of Availability of Funds to Complete the Project, Attachment D — Certification of the Payment and Reporting of
Prevailing Wages, and Attachment E — Certification of Intent to Enter LEED Process, application as submitted for grant
funding, applicable Local Community Projects Program Notice of Funding Availability, and applicable Local Community
Projects Program Guidelines (as they may be revised from time to time).
FOR GRANTEE
FOR COMMERCE
Tom McLeod, Mayor
City of Tukwila
Mark K. Barkley, Assistant Director
Local Government Division
Date
TEMPLATE APPROVED AS TO FORM
Lisa Koperski, Assistant Attorney General, on 7/22/2024
Date
4
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Docusign Envelope ID: C372AEAD-C7C8-4A0E-B4DA-B1 E33A852578
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
THIS GRANT AGREEMENT, entered into by and between the Grantee, a Local Government, and
WASHINGTON STATE DEPARTMENT OF COMMERCE, as defined on the Face Sheet of this Grant
Agreement, WITNESSES THAT:
WHEREAS, COMMERCE has the statutory authority under RCW 43.330.050(5) to cooperate
with and provide assistance to local governments, businesses, and community -based
organizations; and
WHEREAS, COMMERCE is also given the responsibility to administer state funds and programs
which are assigned to COMMERCE by the Governor or the Washington State Legislature; and
WHEREAS, the Washington State Legislature has, in Laws of 2022, Chapter 296, Section 1026
made an appropriation to support the 2023 Local and Community Projects Program, which was
amended and reappropriated in Laws of 2023, Chapter 474, Sections 6052 and 7007, and in
Laws of 2024, Chapter 375, Section 6009, and directed COMMERCE to administer those funds;
and
Additionally, the GRANTEE has received an appropriation for the Tukwila Community Center
HVAC Replacement Project #24-96647-296 in Engrossed Substitute Senate Bill 5200 Laws of
2023, Chapter 474, Section 1025, which has not yet been administered.
WHEREAS, the enabling legislation also stipulates that the GRANTEE is eligible to receive
funding for design, acquisition, construction and equipment, or rehabilitation activities of the
Project.
GRANTEE and COMMERCE are individually a "party" and, collectively, the "parties."
NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter
contained, the parties agree as follows:
1. GRANT 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 Grant Agreement.
2. COMPENSATION
COMMERCE shall pay an amount not to exceed $250,260.00 for the capital costs necessary for or
incidental to the performance of work as set forth in Attachment A (Scope of Work).
3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES
A. The release of state funds under this Grant Agreement is contingent upon the GRANTEE
certifying that it has expended or has access to funds from non -state sources as set forth in
ATTACHMENT C (CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE
PROJECT). Such non -state sources may consist of a combination of any of the following:
i. Eligible Project expenditures prior to the execution of this Grant Agreement.
ii. Cash dedicated to the Project.
iii. Funds available through a letter of credit or other binding loan commitment(s).
iv. Pledges from foundations or corporations.
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v. Pledges from individual donors.
vi. The value of real property when acquired solely for the purposes of this Project, as
established and evidenced by a current market value appraisal performed by a licensed,
professional real estate appraiser, or a current property tax statement. COMMERCE will
not consider appraisals for prospective values of such property for the purposes of
calculating the amount of non -state matching fund credit.
vii. In -kind contributions, subject to COMMERCE'S approval.
B. The GRANTEE shall maintain records sufficient to evidence that it has access to or has
expended funds from such non -state sources and shall make such records available for
COMMERCE's review upon reasonable request.
4. STATE PUBLIC WORKS
For work done at the cost of the State, GRANTEE must comply with public works statutes RCW
39.04 and RCW 39.10, apprenticeship requirements, and the State and local building codes, as
applicable. If GRANTEE has questions about compliance, GRANTEE will need to visit the
Washington State Department of Labor & Industries Public Works Projects website for more
information.
5. SITE CONTROL
GRANTEES who receive grants for construction, purchase or renovation of facilities must provide
written evidence of and maintain site control, either through outright ownership of the subject
property or a long-term lease, for a minimum of 10 years after the later of: (1) final grant payment;
or (2) the date when the facility is made usable to the public for the purpose intended by the
Washington State Legislature, including GRANTEE having secured all required licenses,
certifications, and/or permits. GRANTEES must provide written evidence of continuing site control
as may be requested by COMMERCE.
6. DOCUMENTATION AND SECURITY
The provisions of this Section shall apply to capital projects performed by nonprofit organizations
and public benefit corporations that involve the expenditure of over $250,000 in State funds. The
provisions may also apply to Tribes, depending on the location of the Project. Additionally,
COMMERCE reserves the right to review all state -funded projects and to require that projects
performed by other entity types comply with this Section. Projects for which the grant award or
legislative intent documents specify that the state funding is to be used for pre -design or design
only are exempt from this Section.
A. Deed of Trust. This Grant Agreement shall be evidenced by a promissory note and secured by
a deed of trust or other appropriate security instrument in favor of COMMERCE (the Deed of
Trust). The Deed of Trust shall be recorded in the County where the Project is located, and the
original returned to COMMERCE after recordation within 90 calendar days of Grant Agreement
execution. The Deed of Trust must be recorded before COMMERCE will reimburse the
GRANTEE for any Project costs. The amount secured by the Deed of Trust shall be the amount
of the Grant Agreement as set forth on the Face Sheet.
B. Term of Deed of Trust; Commitment Period. The Deed of Trust shall remain in full force and
effect for a minimum period of 10 years following the later of: (1) final payment of state funds to
the GRANTEE under this Grant Agreement; or (2) the date when:
i. the facility improved or acquired with grant funds; or
ii. a distinct phase of the Project
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is made useable to the public for the purpose intended by the Washington State Legislature (the
Commitment Period). Upon satisfaction of the Commitment Period term requirement and all other
Grant Agreement terms and conditions, COMMERCE shall, upon written request of the
GRANTEE, take appropriate action to reconvey the Deed of Trust.
C. Title Insurance. The GRANTEE shall purchase an extended coverage lender's policy of title
insurance insuring the lien position of the Deed of Trust in an amount not less than the
amount of the grant.
D. Covenant. If the Project will be partially funded by a loan and the term of said loan is less
than the Commitment Period as defined in Special Terms and Conditions Section 6(B),
COMMERCE may require that GRANTEE record or cause to be recorded a covenant in a
superior lien position ahead of the lender's security instrument that restricts use of the facility
or property for the purpose(s) stated elsewhere in this Grant Agreement for at least the term
of the Commitment Period as defined in Special Terms and Conditions Section 6(B).
E. Subordination. COMMERCE may agree to subordinate its Deed of Trust upon request from
a private or public lender. Any such request shall be submitted to COMMERCE in writing, and
COMMERCE shall respond to the request in writing within 30 calendar days of receiving the
request.
F. Deed of Trust on Leased Property. COMMERCE may require, at its sole discretion, a Deed
of Trust on the fee interest of the real property where the Project is located, if the Project is
on leased property
7. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL
PROPERTY PERFORMANCE MEASURES
When all or part of the grant is used to fund the acquisition of real property, before funds are
disbursed, the GRANTEE shall procure and provide to COMMERCE evidence establishing the
value of the real property eligible for reimbursement under this Grant Agreement as follows:
A. GRANTEE purchases of real property from an independent third -party seller shall be evidenced
by a current appraisal prepared by a licensed Washington State commercial real estate appraiser
or a current property tax statement.
B. GRANTEE purchases of real property from a subsidiary organization, such as an affiliated LLC,
shall be evidenced by a current appraisal prepared by a licensed Washington State commercial
real estate appraiser or the prior purchase price of the property plus holding costs, whichever is
less.
8. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
Payments to the GRANTEE shall be made on a reimbursement basis only. The GRANTEE may be
reimbursed, at the rate set forth elsewhere in this Grant Agreement, for work associated with the
Project expenditures Unless authorized by the Washington State Legislature, only those Project costs
incurred after the date of execution, may be reimbursed. Reimbursable cost are determined by the
Scope of Work, Attachment A. Generally costs within the following cost categories are considered
capital expenditures:
A. Real property, and costs directly associated with such purchase, when purchased or acquired
solely for the purposes of the Project;
B. Design, engineering, architectural, and planning;
C. Construction management and observation (from external sources only);
D. Construction costs including, but not limited to, the following:
i. Site preparation and improvements;
ii. Permits and fees;
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iii. Labor and materials;
iv. Taxes on Project goods and services;
v. Capitalized equipment;
vi. Information technology infrastructure; and
vii. Landscaping.
E. Other costs authorized through the legislation.
9. BILLING PROCEDURES AND PAYMENT
COMMERCE shall reimburse the GRANTEE for up to 100% of each invoice for eligible Project
expenditures, up to the maximum payable under this Grant Agreement. When requesting
reimbursement for expenditures made, the GRANTEE shall submit to COMMERCE a signed and
completed Invoice Voucher (Form A-19), that documents capitalized Project activity performed — by
budget line item — for the billing period. The GRANTEE must submit all Invoice Vouchers and any
required documentation electronically. Submissions shall be in accordance with directions provided
by COMMERCE. Funds are reimbursement based and cannot be advanced under any circumstance.
Disbursements of funds for invoices due and payable within 30 days are not considered advanced
payments.
The GRANTEE shall evidence the costs claimed on each voucher by including copies of each invoice
received from subgrantees/subcontractors providing Project goods or services covered by the Grant
Agreement. The GRANTEE shall also provide COMMERCE with a copy of the cancelled check or
electronic funds transfer, as applicable, that confirms that they have paid each expenditure being
claimed at the time the voucher is submitted or within 30 calendar days of Commerce's disbursement
of payment. The cancelled checks or electronic funds transfers may be submitted to COMMERCE at
the time the voucher is initially submitted or within 30 calendar days thereafter.
The voucher must be certified (i.e., signed) by an official of the GRANTEE with authority to bind the
GRANTEE. The voucher shall be submitted to COMMERCE within 60 calendar days following the
completion of work or other termination of this Grant Agreement, or within 15 calendar days following
the end of the State biennium unless Grant Agreement funds are re -appropriated by the Washington
State Legislature in accordance with Special Terms and Conditions Section 18 (Reappropriation).
If GRANTEE has or will be submitting any of the invoices attached to a request for payment for partial
reimbursement under another contract or grant agreement, GRANTEE must clearly identify such
contracts or grant agreements in the transmittal letter and request for payment.
Each request for payment must be accompanied by a Project Status Report, which describes, in
narrative form, the progress made on the Project since the last invoice was submitted as well as a
report of Project status to date. COMMERCE will not release payment for any reimbursement request
received unless and until the Project Status Report is received. After approving the Invoice Voucher
and Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE. In the
event that the award amount in Special Terms and Conditions Section 2 (Compensation) is expended
before construction completion of the Project, as identified in Attachment A (Scope of Work), the
GRANTEE agrees to continue providing complete Project Status Report updates to their
COMMERCE Representative annually or upon request.
COMMERCE will pay GRANTEE upon receipt and approval of properly completed invoices and
supporting documentation, which shall be submitted to the Representative for COMMERCE not more
often than monthly. After approving the Invoice Voucher and Project Status Report, COMMERCE
shall promptly remit a warrant to the GRANTEE. Payment shall be considered timely if made by
COMMERCE within 30 calendar days after receipt of properly completed invoices. Payment shall be
sent to the address designated by the GRANTEE.
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Notwithstanding the foregoing, COMMERCE may, in its sole discretion, holdback up to the final 10%
of grant funds until the Project is complete and the facility has been issued a Certificate of Occupancy
from the appropriate local permitting entity, or for projects without occupiable space, when
comparable evidence of Project completion is submitted by GRANTEE. The Certificate of Occupancy
/evidence of completion should be submitted with GRANTEE's final request for reimbursement.
10. CLOSEOUT CERTIFICATION
The GRANTEE shall complete and submit a Closeout Certification Form when:
A. All activities identified in the Scope of Work shown on Attachment A are complete and the Project
is useable to the public for the purpose intended by the Washington State Legislature, or
B. When final payment is made and GRANTEE has certified that the Project will be completed and
the public benefit described will be maintained for the term of the Commitment Period as defined
in Special Terms and Conditions Section 6(B).
Notwithstanding anything in A. or B. above, the right of COMMERCE to recapture funds or seek other
remedies for failure to make the Project usable to the public shall survive the closeout or termination of
this Grant Agreement.
COMMERCE reserves the right to request additional information related to the Project.
11. INSURANCE
A. Insurance Requirements for Reimbursable Activities
The GRANTEE must have insurance coverage that is substantially similar to the coverage described
in Section 11 B below for all periods in which GRANTEE performed work for which it will seek
reimbursement. The intent of the required insurance is to protect the State of Washington should
there be any Claims, suits, actions, costs, damages or expenses arising from any loss or negligent or
intentional act or omission of the GRANTEE or subgrantee/subcontractor, or agents of either, while
performing under the terms of this Grant Agreement.
B. Additional Insurance Requirements During the Term of the Grant Agreement
i. The GRANTEE shall provide proof to COMMERCE of insurance coverage that shall be
maintained in full force and effect, as indicated below, and shall submit renewal certificates not
less than 30 calendar days prior to expiration of each policy required under this Section:
a. Commercial General Liability Insurance Policy. Provide a Commercial
General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in
adequate quantity to protect against legal liability arising out of or related to this Grant Agreement
but in no less than $1,000,000 per occurrence. Additionally, the GRANTEE is responsible for
ensuring that any subgrantee/subcontractor provide adequate insurance coverage for the
activities arising out of or related to subgrants/subcontracts (if any). Commercial General Liability
Insurance coverage shall be maintained in full force and effect during the term of this Grant
Agreement and throughout the Commitment Period as defined in Special Terms and Conditions
Section 6(B). This insurance must be maintained throughout the term of the Grant Agreement
and the Commitment Period as defined in Special Terms and Conditions Section 6(B).
b. Property Insurance. The GRANTEE shall keep the property insured in an
amount sufficient to permit such insurance to be written at all times on a replacement cost
basis. Such insurance shall cover the following hazards, as applicable:
1. Loss or damage by fire and such other risks;
2. Loss or damage from leakage or sprinkler systems now or hereafter
installed in any building on the premises;
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3. Loss or damage by explosion of steam boilers, pressure vessels, oil or
gasoline storage tanks, or similar apparatus now or hereafter installed in a building or
building on the premises.
This property insurance coverage must be maintained in full force and effect throughout the term
of this Grant Agreement and the Commitment Period as defined in Special Terms and Conditions
Section 6(B).
c. Professional Liability, Errors, and Omissions Insurance. If GRANTEE will be
providing any professional services to be reimbursed under this Grant Agreement, the
GRANTEE shall maintain Professional Liability or Errors and Omissions Insurance with
minimum limits of no less than $1,000,000 per occurrence to cover all activities by the
GRANTEE and licensed staff employed or under contract to the GRANTEE. The State of
Washington, the Department of Commerce, its agents, officers, and employees need not be
named as additional insureds under this policy. This insurance must be maintained throughout
the Commitment Period as defined in Special Terms and Conditions Section 6(B). GRANTEE
shall require that any subgrantees/subcontractors providing professional services that are
reimbursable under this Grant Agreement maintain Professional Liability or Errors and
Omissions Insurance at the coverage levels set forth in this subsection.
d. Fidelity Insurance. Every officer, director, employee, or agent who is authorized
to act on behalf of the GRANTEE for the purpose of receiving or depositing funds into program
accounts or issuing financial documents, checks, or other instruments of payment for program
costs shall be insured to provide protection against loss where:
1. The amount of fidelity coverage secured pursuant to this Grant
Agreement shall be $2,000,000 or the highest of planned reimbursement for the Grant
Agreement period, whichever is lower. Fidelity insurance secured pursuant to this paragraph
shall name the State of Washington, the Department of Commerce, its agents, officers, and
employees as beneficiary.
2. Subgrantees/subcontractors that receive $10,000 or more per year in
funding through this Grant Agreement shall secure fidelity insurance as noted above. Fidelity
insurance secured by subgrantees/subcontractors pursuant to this paragraph shall name the
GRANTEE and the GRANTEE's fiscal agent (if any) as beneficiary.
3. Fidelity Insurance coverage shall be maintained in full force and effect
from the start date of this Grant Agreement until GRANTEE has submitted a Closeout
Certification Form, subject to the following: Fidelity Insurance must be issued on either (a) a
"loss sustained" basis; or (b) if issued on a "loss -discovered" basis, provide coverage for at
least 6 months following the date of COMMERCE's receipt of the Closeout Certification Form.
H. The insurance required shall be issued by an insurance company authorized to do business
within the State of Washington. Except as otherwise set forth in this Section, each insurance
policy shall name "the State of Washington the Department of Commerce, its agents, officers,
and employees" as additional insureds on all policies. All policies shall be primary to any other
valid and collectable insurance. The GRANTEE shall instruct the insurers to give COMMERCE 30
calendar days' advance notice of any insurance cancellation or modification.
iii. The GRANTEE shall submit to COMMERCE within 15 calendar days of the Grant Agreement
start date, a certificate of insurance which outlines the coverage and limits defined in this
insurance section including, without limitation, the type of insurance coverage under the policy,
the designated beneficiary, who is covered, the amounts, the period of coverage, and that
COMMERCE will be provided 30 days' advance written notice of cancellation. During the term of
the Grant Agreement, the GRANTEE shall submit renewal certificates not less than 30 calendar
days prior to expiration of each policy required under this Section. Additionally, GRANTEE shall
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provide copies of insurance instruments or certifications at COMMERCE's request and until six
month after COMMERCE has received a Closeout Certification Form from GRANTEE. Copies of
such insurance instruments and certifications will be provided within 15 calendar days of
COMMERCE's request unless otherwise agreed to by the parties.
iv. GRANTEES and Local Governments that Participate in a Self -Insurance Program.
Self-Insured/Liability Pool or Self -Insured Risk Management Program — With prior approval from
COMMERCE, the GRANTEE may provide the coverage above under a self-insured/liability pool
or self -insured risk management program. In order to obtain permission from COMMERCE, the
GRANTEE shall provide: (1) a description of its self-insurance program, and (2) a certificate
and/or letter of coverage that outlines coverage limits and deductibles. All self -insured risk
management programs or self-insured/liability pool financial reports must comply with Generally
Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1)
Governmental Accounting Standards Board (GASB), 2) Financial Accounting Standards Board
(FASB), and 3) the Washington State Auditor's annual instructions for financial reporting.
GRANTEE's participating in joint risk pools shall maintain sufficient documentation to support the
aggregate Claim liability information reported on the balance sheet. The State of Washington, the
Department of Commerce, its agents, and employees need not be named as additional insured
under a self -insured property/liability pool, if the pool is prohibited from naming third parties as
additional insured.
GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self-
insurance, evidencing continued coverage under GRANTEE's self-insured/liability pool or self -
insured risk management program. Such annual summary of coverage and letter of self-
insurance will be provided on the anniversary of the start date of this Grant Agreement.
12. ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant Agreement, the inconsistency shall be resolved by
giving precedence in the following order:
1) Applicable federal and State of Washington statutes and regulations
2) Special Terms and Conditions
3) General Terms and Conditions
4) Attachment A — Scope of Work
5) Attachment B — Project Budget
6) Attachment C — Certification of the Availability of Funds to Complete the Project
7) Attachment D — Certification of the Payment and Reporting of Prevailing Wages
8) Attachment E — Certification of Intent to Enter the Leadership in Energy and Environmental
Design (LEED) Certification Process
9) Application as submitted by the GRANTEE for funding
10) Notice of Funding Availability
11) Program Guidelines, as revised. GRANTEE acknowledges that the Program Guidelines may
be revised by COMMERCE from time to time and agrees that the most recent version of the
Guidelines shall be applicable. COMMERCE will post notice on its website
https://www.commerce.wa.gov/buildinq-infrastructure/capital-facilities/ drawing attention to
the sections of the Guidelines that have been revised.
13. REDUCTION IN FUNDS
In the event that funds appropriated for the Project contemplated under this Grant Agreement are
withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature, or
other funding source, during the Grant Agreement period, the parties understand and agree that
COMMERCE may suspend, amend, or terminate the Grant Agreement to abide by the revised
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funding limitations. The parties understand and agree that GRANTEE shall be bound by any such
revised funding limitations as implemented at the discretion of COMMERCE and shall meet and
renegotiate the Grant Agreement accordingly.
14. REAPPROPRIATION
A. The parties hereto understand and agree that any State funds not expended by the End Date
listed on the Face Sheet will lapse on that date unless specifically reappropriated by the
Washington State Legislature. If funds are so reappropriated, the State's obligation under the
terms of this Grant Agreement shall be contingent upon the terms of such reappropriation.
B. In the event any funds awarded under this Grant Agreement are reappropriated for use in a future
biennium, COMMERCE reserves the right to assign a reasonable share of any such
reappropriation for administrative costs.
15. OWNERSHIP OF PROJECT/CAPITAL FACILITIES
COMMERCE makes no claim to any real property improved or constructed with funds awarded under
this Grant Agreement and does not assert and will not acquire any ownership interest in or title to the
capital facilities and/or equipment constructed or purchased with state funds under this Grant
Agreement; provided, however, that COMMERCE may be granted a security interest in real
property to secure funds awarded under this Grant Agreement. This provision does not extend to
Claims that COMMERCE may bring against the GRANTEE in recapturing funds expended in violation
of this Grant Agreement.
16. CHANGE OF OWNERSHIP OR USE FOR GRANTEE -OWNED PROPERTY
A. The GRANTEE understands and agrees that any and all real property or facilities owned by the
GRANTEE that are acquired, constructed, or otherwise improved using state funds under this
Grant Agreement shall be held and used by the GRANTEE for the purpose or purposes stated
elsewhere in this Grant Agreement for the Commitment Period as defined in Special Terms and
Conditions Section 6(B).
B. This provision shall not be construed to prohibit the GRANTEE from selling any property or
properties described in this Section; provided, however, that any such sale shall be subject to
prior review and approval by COMMERCE and that all proceeds from such sale shall be applied
to the purchase price of a different facility or facilities of equal or greater value than the original
facility and that any such new facility or facilities will be used for the purpose or purposes stated
elsewhere in this Grant Agreement.
C. In the event the GRANTEE is found to be out of compliance with this Section, the GRANTEE
shall repay to the state general fund pursuant to General Terms and Conditions Section 34, the
principal amount of the funds disbursed under the Grant Agreement, along with interest at the
rate of the higher of: (i) five percent (5%) per annum, or (ii) the rate of interest of state of
Washington general obligation bonds issued on the date most close in time to the effective date
in which legislation authorized funding for the subject facility. Repayment shall be made pursuant
to General Terms and Conditions Section 27 (Recapture). This repayment is in addition to any
other remedies available at law or in equity.
17. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE
A. The GRANTEE understands and agrees that any and all real property or facilities leased by the
GRANTEE that are constructed, renovated, or otherwise improved using state funds under this
Grant Agreement shall be used by the GRANTEE for the purpose or purposes stated elsewhere
in this Grant Agreement for a period of the Commitment Period as defined in Special Terms and
Conditions Section 6(B).
B. In the event the GRANTEE is found to be out of compliance with this Section, the GRANTEE
shall repay to the state general fund pursuant to General Terms and Conditions Section 34, the
principal amount of the funds disbursed under the Grant Agreement, along with interest at the
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rate of the higher of: (i) five percent (5%) per annum, or (ii) the rate of interest of state of
Washington general obligation bonds issued on the date most close in time to the effective date
in which legislation authorized funding for the subject facility Repayment shall be made pursuant
to General Terms and Conditions Section 27 (Recapture). This repayment is in addition to any
other remedies available at law or in equity.
18. MODIFICATION TO THE PROJECT BUDGET
A. Notwithstanding any other provision of this Grant Agreement, the GRANTEE may, at its
discretion, make modifications to line items in Attachment B (Project Budget) that will not increase
the line item by more than 15%.
B. The GRANTEE shall notify COMMERCE in writing (by email or regular mail) when proposing any
budget modification or modifications to a line item in Attachment B (Project Budget) that would
increase the line item by more than 15%. Conversely, COMMERCE may initiate the budget
modification approval process if presented with a request for payment under this Grant
Agreement that would cause one or more budget line items to exceed the 15% threshold increase
described above.
C. Any such budget modification or modifications as described above shall require the written
approval of COMMERCE (by email or regular mail), and such written approval shall amend the
Project Budget. Each party to this Grant Agreement will retain and make any and all documents
related to such budget modifications a part of their respective Grant Agreement file.
D. Nothing in this Section shall be construed to permit an increase in the amount of funds available
for the Project, as set forth in Special Terms and Conditions Section 2 (Compensation) of this
Grant Agreement.
19. SIGNAGE, MARKERS AND PUBLICATIONS
A. Taxpayers of Washington State as participant in funding Project
If, during the period covered by this Grant Agreement, the GRANTEE displays or circulates any
communication, publication, or donor recognition identifying the financial participants in the
Project, any such communication or publication must identify "The Taxpayers of Washington
State" as a participant.
B. Ensure coordinated Climate Commitment Act branding.
If Climate Commitment Act funding is involved in this Grant Agreement, then the following
provisions apply to GRANTEE and its subgrantees/subcontractors including, without limitation,
any and all contractors, subgrantees/subcontractors, service providers, and others who assist
GRANTEE in implementing the Project in order to strengthen public awareness of how CCA
funding is used and to ensure consistent branding and funding acknowledgments:
i. Funding source acknowledgement. - The GRANTEE must display or circulate in any and all
communications including, without limitation, on websites and in announcements, press
releases, and publications used for media -related activities, publicity, and public outreach
that: "The is supported with funding from Washington's Climate Commitment Act. The CCA
supports Washington's climate action efforts by putting cap -and -invest dollars to work
reducing climate pollution, creating jobs, and improving public health. Information about the
CCA is available at www.climate.wa.gov."
ii. Include the "Climate Commitment Act" logo at climate.wa.qov/brandtoolkit, consistent with the
branding guidelines posted at climate.wa.qov/brandtoolkit for:
a. any Project website or webpage that includes logos from other funding partners;
and/or
b. any Project media or public information materials that include logos from other
funding partners; and/or
c. On -site signage, to the extent possible. By way of example only, this means that for
consumer -related projects or programs, a decal may be placed on front of installed
heat pump or a logo printed on a delivery tag.
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iii. The GRANTEE is responsible for ensuring that its subgrantees/subcontractors comply with
Section 19(B).
20. HISTORICAL AND CULTURAL ARTIFACTS
Prior to approval and disbursement of any funds awarded under this Grant Agreement, GRANTEE
shall cooperate with COMMERCE to complete the requirements of Governor's Executive Order 21-02
or GRANTEE shall complete a review under Section 106 of the National Historic Preservation Act, if
applicable. GRANTEE agrees that the GRANTEE is legally and financially responsible for compliance
with all laws, regulations, and agreements related to the preservation of historical or cultural
resources and agrees to hold harmless COMMERCE and the State of Washington in relation to any
claim related to such historical or cultural resources discovered, disturbed, or damaged as a result of
the Project funded by this Grant Agreement.
In addition to the requirements set forth in this Grant Agreement, GRANTEE shall, in accordance with
Governor's Executive Order 21-02 as applicable, coordinate with COMMERCE and the Washington
State Department of Archaeology and Historic Preservation (DAHP), including any recommended
consultation with any affected tribe(s), during Project design and prior to construction to determine the
existence of any tribal cultural resources affected by Project. GRANTEE agrees to avoid, minimize, or
mitigate impacts to the cultural resource as a continuing prerequisite to receipt of funds under this
Grant Agreement.
The GRANTEE agrees that, unless the GRANTEE is proceeding under an approved historical and
cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are
discovered during construction, the GRANTEE shall immediately stop construction and notify the
local historical preservation officer and the State's historical preservation officer at DAHP, and the
COMMERCE Representative identified on the Face Sheet. If human remains are uncovered, the
GRANTEE shall report the presence and location of the remains to the coroner and local enforcement
immediately, then contact DAHP and the concerned tribe's cultural staff or committee.
The GRANTEE shall require this provision to be contained in all subgrants/subcontracts for work or
services related to the Project described in Attachment A (Scope of Work).
In addition to the requirements set forth in this Grant Agreement, GRANTEE agrees to comply with
RCW 27.44 regarding Indian Graves and Records, RCW 27.53 regarding Archaeological Sites and
Resources, RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves, and
WAC 25-48 regarding Archaeological Excavation and Removal Permits.
Completion of the requirements of Section 106 of the National Historic Preservation Act shall
substitute for completion of Governor's Executive Order 21-02.
In the event that the GRANTEE finds it necessary to amend the Project described in Attachment A
(Scope of Work), the GRANTEE may be required to re -comply with Governor's Executive Order 21-
02 or Section 106 of the National Historic Preservation Act.
21. TERMINATION FOR FRAUD OR MISREPRESENTATION
In the event the GRANTEE commits fraud or makes any misrepresentation in connection with the
grant application or during the performance of this Grant Agreement, COMMERCE reserves the right
to terminate or amend this Grant Agreement accordingly, including the right to recapture all funds
disbursed to the GRANTEE under the Grant Agreement.
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22. FRAUD AND OTHER LOSS REPORTING
GRANTEE shall report in writing all known or suspected fraud or other loss of any funds or other
property furnished under this Grant Agreement immediately or as soon as practicable to the
COMMERCE Representative identified on the Face Sheet.
23. PUBLIC RECORDS ACT
Notwithstanding General Terms and Conditions Section 13 (Confidentiality/Safeguarding of
Information), COMMERCE is a public agency subject to the Public Records Act, RCW 42.56 (PRA).
Under the PRA, all materials relating to the conduct of government or the performance of any
governmental or proprietary function prepared, owned, used, or retained by COMMERCE or its
functional equivalents are considered public records. The PRA requires that public records
responsive to a public records request be promptly produced unless the PRA or an "other statute"
exempts such records from production. This Grant Agreement is not intended to alter COMMERCE's
obligations under the PRA. The parties agree that if COMMERCE receives a public records request
for files that may include confidential information under General Terms and Conditions Section 13
(Confidentiality/Safeguarding of Information), COMMERCE may notify the other party of the request
and of the date that the records will be released to the requester unless GRANTEE obtains a court
order enjoining disclosure. If the GRANTEE fails to obtain the court order enjoining disclosure,
COMMERCE may release the requested information on the date specified. If the GRANTEE obtains
a court order from a court of competent jurisdiction enjoining disclosure pursuant to the PRA,
COMMERCE shall maintain the confidentiality of the information per the court order.
24. APPLICABILITY OF COPYRIGHT PROVISIONS TO ARCHITECTURAL/ENGINEERING
DESIGN WORK
General Terms and Conditions Section 16 (Copyright Provisions) are not intended to apply to any
architectural and engineering design work funded by this Grant Agreement.
25. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. General Terms and
Conditions Section 47 (Treatment of Assets) is superseded by this provision.
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
1. DEFINITIONS
As used throughout this Grant Agreement, 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. "Claim" shall mean any and all claims, losses, costs, damage, expenses, liabilities, liens,
actions, causes of action (whether in tort or contract, law or equity, or otherwise), and
attorneys' fees and costs.
C. "COMMERCE" shall mean the Washington State Department of Commerce.
D. "Grant Agreement" shall mean the entire written agreement between COMMERCE and the
GRANTEE, including any attachments, exhibits, documents, or materials incorporated by
reference, and any amendments executed by the parties.
E. "GRANTEE" shall mean the entity identified on the Face Sheet performing service(s) under
this Grant Agreement and shall include all employees and agents of the GRANTEE.
F. "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.
G. "State" shall mean the State of Washington.
H. "Subgrantee/subcontractor" shall mean one not in the employment of the GRANTEE, who is
performing all or part of those services under this Grant Agreement under a separate
subcontract or subgrant with the GRANTEE. The term "subgrantee/subcontractor" refers to
any tier.
2. ACCESS TO DATA
In compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under
this Grant Agreement to COMMERCE, the Joint Legislative Audit and Review Committee, and the
Office of the State Auditor at no additional cost. This includes access to all information that supports
the findings, conclusions, and recommendations of the GRANTEE's reports, including computer
models and the methodology for those models.
3. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Grant
Agreement shall be made by COMMERCE.
4. ALL WRITINGS CONTAINED HEREIN
This Grant Agreement contains all the terms and conditions agreed upon by the parties. Such
amendments shall not be binding unless they are in writing and signed by personnel authorized to
bind each of the parties. No other understandings, oral or otherwise, regarding the subject matter
of this Grant Agreement shall be deemed to exist or to bind any of the parties hereto.
5. ALLOWABLE COSTS
Costs allowable under this Grant Agreement are actual expenditures according to an approved
budget up to the maximum amount stated on the Grant Agreement Award or Amendment Face
Sheet.
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6. AMENDMENTS
This Grant Agreement 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. No other understandings, oral or otherwise, regarding the subject matter of this Grant
Agreement shall be deemed to exist or to bind any of the parties hereto.
7. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO
REFERRED TO AS THE "ADA" 28 CFR PART 35
The GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
8. ASSIGNMENT
Neither this Grant Agreement nor any Claim arising under this Grant Agreement, shall be
transferred or assigned by the GRANTEE without prior written consent of COMMERCE.
9. ATTORNEYS' FEES
Unless expressly permitted under another provision of the Grant Agreement, in the event of
litigation or other action brought to enforce Grant Agreement terms, each party agrees to bear its
own attorneys' fees and costs.
10. AUDIT
A. General Requirements
COMMERCE reserves the right to require an audit. If required, GRANTEEs are to procure
audit services and provide documentation of the audit to COMMERCE based on the following
guidelines.
The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall
ensure that subgrantees/subcontractors also maintain auditable records.
The GRANTEE is responsible for any audit exceptions incurred by its own organization or
that of its subgrantees/subcontractors.
COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting
from the audit.
Responses to any unresolved management findings and disallowed or questioned costs shall
be included with the audit report. The GRANTEE must respond to COMMERCE requests for
information or corrective action concerning audit issues within 30 calendar days of the date of
request.
B. State Funds Requirements
In the event an audit is required, if the GRANTEE is a state or local government entity, the
Office of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be
conducted by a qualified certified public accountant.
The GRANTEE shall include the above audit requirements in any and all subgrants or
subcontracts.
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In any case, the GRANTEE's records must be available for review by COMMERCE at any
time during the Commitment Period as defined in Special Terms and Conditions Section 6(B).
C. Documentation Requirements
The GRANTEE must send a copy of the audit report described above no later than 9 months
after the end of the GRANTEE's fiscal year(s) by sending a scanned copy to
comacctoffice@commerce.wa.gov or a hard copy to:
Washington State Department of Commerce
ATTN: Audit Review and Resolution Office
1011 Plum Street SE
PO Box 42525
Olympia. WA 98504-2525
In addition to sending a copy of the audit, when applicable, the GRANTEE must include:
i. Corrective action plan for audit findings within three (3) months of the audit being
received by COMMERCE; and
ii. Copy of the Management Letter.
If the GRANTEE is required to obtain a single audit consistent with Circular A-133
requirements, a copy must be provided to COMMERCE; no other report is required.
11. BREACHES OF OTHER STATE CONTRACTS
GRANTEE is expected to comply with all other contracts and grant agreements executed between
GRANTEE and the State of Washington. A breach of any other contract or grant agreement entered
into between GRANTEE and the State of Washington may, in COMMERCE's sole discretion, be
deemed a breach of this Grant Agreement.
12. CODE REQUIREMENTS
All construction and rehabilitation projects must satisfy the requirements of applicable local, state,
and federal building, mechanical, plumbing, fire, energy and barrier -free codes. Compliance with
the Americans with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the
local building Department.
13. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this Section includes:
i. All material provided to the GRANTEE by COMMERCE that is designated as
"confidential" by COMMERCE; and
ii. All material produced by the GRANTEE that is designated as "confidential" by
COMMERCE; and
iii. All Personal Information in the possession of the GRANTEE that may not be disclosed
under state or federal law.
B. The GRANTEE shall comply with all state and federal laws related to the use, sharing,
transfer, sale, or disclosure of Confidential Information. The GRANTEE shall use Confidential
Information solely for the purposes of this Grant Agreement 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 GRANTEE 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 related state or federal laws. Upon request, the GRANTEE shall provide COMMERCE
with its policies and procedures on confidentiality. COMMERCE may require changes to such
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policies and procedures as they apply to this Grant Agreement whenever COMMERCE
reasonably determines that changes are necessary to prevent unauthorized disclosures. The
GRANTEE shall make the changes within the time period specified by COMMERCE. Upon
request, the GRANTEE shall immediately return to COMMERCE any Confidential Information
that COMMERCE reasonably determines has not been adequately protected by the
GRANTEE against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The GRANTEE shall notify COMMERCE within 5 working
days of GRANTEE's discovery 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.
14. CONFORMANCE
If any provision of this Grant Agreement violates any statute or rule of law of the State of
Washington, it is considered modified to conform to that statute or rule of law.
15. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE
may, in its sole discretion, by written notice to the GRANTEE terminate this Grant Agreement if it
is found after due notice and examination by COMMERCE that there is a violation of the Ethics in
Public Service Act, RCW 42.52 and RCW 42.23, or any similar statute involving the GRANTEE in
the procurement of, or performance under, this Grant Agreement.
Specific restrictions apply to contracting with current or former state employees pursuant to RCW
42.52. The GRANTEE and all subgrantees/subcontractors (if any) must identify any person
employed in any capacity by the State of Washington that worked on this Grant Agreement, or any
matter related to the Project funded under this Grant Agreement or any other state funded project,
including, but not limited to, formulating or drafting legislation, participating in grant procurement,
planning and execution, awarding grants, or monitoring grants, during the 24 month period
preceding the start date of this Grant Agreement. Any person identified by the GRANTEE and their
subgrantees/subcontractors (if any) must be identified individually by name, the agency previously
or currently employed by, job title or position held, and separation date. If it is determined by
COMMERCE that a conflict of interest exists, the GRANTEE may be disqualified from further
consideration for the award of a grant.
In the event this Grant Agreement is terminated as provided above, COMMERCE shall be entitled
to pursue the same remedies against the GRANTEE as it could pursue in the event of a breach of
the Grant Agreement by the GRANTEE. The rights and remedies of COMMERCE provided for in
this clause shall not be exclusive and are in addition to any other rights and remedies provided by
law. The existence of facts upon which COMMERCE makes any determination under this clause
shall be an issue and may be reviewed as provided in Section 18 General Terms and Conditions
(Disputes) of this Grant Agreement.
16. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Grant Agreement 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 that the Materials are
not considered "works for hire" under the U.S. Copyright laws, the GRANTEE 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, and
register as well as the ability to transfer these rights.
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For Materials that are delivered under the Grant Agreement, but that incorporate pre-existing
materials not produced under the Grant Agreement, the GRANTEE 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 GRANTEE warrants and represents that the GRANTEE has all rights and permissions,
including intellectual property rights, moral rights, and rights of publicity, necessary to grant such a
license to COMMERCE.
The GRANTEE shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Grant Agreement, 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 Grant Agreement. The GRANTEE shall provide COMMERCE with prompt written notice of
each notice or claim of infringement received by the GRANTEE with respect to any Materials
delivered under this Grant Agreement. COMMERCE shall have the right to modify or remove any
restrictive markings placed upon the Materials by the GRANTEE.
17. DISALLOWED COSTS
The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subgrantees/subcontractors.
18. DISPUTES
Except as otherwise provided in this Grant Agreement, when a dispute arises between the parties
and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the
Director of COMMERCE, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
i. be in writing;
H. state the disputed issues;
iii. state the relative positions of the parties;
iv. state the GRANTEE's name, address, and Grant Agreement number; and
v. be mailed to the Director and the other party's (respondent's) Grant Agreement
Representative within 3 working days after the parties agree that they cannot resolve the
dispute.
The respondent shall send a written answer to the requestor's statement to both the Director or the
Director's designee and the requestor within 5 working days.
The Director or designee shall review the written statements and reply in writing to both parties
within 10 working days. The Director or designee may extend this period if necessary by notifying
the parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this Grant Agreement shall be construed to limit the parties' choice of a mutually
acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure
outlined above.
19. DUPLICATE PAYMENT
COMMERCE shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State
of Washington or any other party under any other grant, subgrant/subcontract, contract, or
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agreement, for the same services or expenses. The GRANTEE certifies that work to be performed
under this Grant Agreement does not duplicate any work to be charged against any other grant,
subgrant/subcontract, contract, or agreement.
20. GOVERNING LAW AND VENUE
This Grant Agreement shall be construed and interpreted in accordance with the laws of the State
of Washington, and the venue of any action brought shall be in the Superior Court for Thurston
County.
21. INDEMNIFICATION
To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless
the State of Washington, COMMERCE, agencies of the State, and all officials, agents, employees,
and representatives of the State, from and against all Claims for injuries or death arising out of or
resulting from the performance of the Grant Agreement.
The GRANTEE'S obligation to indemnify, defend, and hold harmless includes any Claim by any
and all of GRANTEE'S agents, employees, representatives, and/or subgrantee(s)/subcontractor(s)
(and their agents, employees, and representatives, to the extent that GRANTEE is using any
subgrantee/subcontractor for the Project).
The GRANTEE'S obligations shall not include such Claims that may be caused by the sole
negligence of the State and its agencies, officials, agents, and/or employees. If the Claims or
damages are caused by or result from the concurrent negligence of (a) the State, its agents, and/or
employees and (b) the GRANTEE, its subgrantees/subcontractors, agents, and/or employees, this
indemnity provision shall be valid and enforceable only to the extent of the negligence of the
GRANTEE (and/or its subgrantees/subcontractors) and their agents, officers, representatives,
and/or employees.
The GRANTEE waives its immunity under RCW 51 to the extent it is required to indemnify, defend,
and hold harmless the State and its agencies, officers, agents, and/or employees.
22. INDEPENDENT CAPACITY OF THE GRANTEE
The parties intend that an independent contractor relationship will be created by this Grant
Agreement. The GRANTEE and its employees, officers, representatives, and/or agents performing
under this Grant Agreement are not employees or agents of the State of Washington or
COMMERCE. The GRANTEE will not hold itself out as or claim to be an officer or employee of
COMMERCE or of the State of Washington by reason hereof, nor will the GRANTEE make any
claim of right, privilege, or benefit which would accrue to such officer or employee under law.
Conduct and control of the work associated with the Project will be solely with the GRANTEE.
23. INDUSTRIAL INSURANCE COVERAGE
The GRANTEE shall comply with all applicable provisions of RCW 51 (Industrial Insurance). If the
GRANTEE fails to provide industrial insurance coverage or fails to pay premiums or penalties on
behalf of its employees as may be required by law, COMMERCE may collect from the GRANTEE
the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the
amount owed by the GRANTEE to the accident fund from the amount payable to the GRANTEE
by COMMERCE under this Grant Agreement and transmit the deducted amount to the Department
of Labor and Industries (L&I) Division of Insurance Services. This provision does not waive any of
L&I's rights to collect from the GRANTEE.
24. LAWS
The GRANTEE shall comply with all applicable laws, ordinances, codes, regulations, and policies
of local and state and federal governments, as now or hereafter amended.
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25. LICENSING, ACCREDITATION, AND REGISTRATION
The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation,
and registration requirements or standards necessary for the performance of this Grant Agreement.
26. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative's delegate by writing (delegation
to be made prior to action) shall have the express, implied, or apparent authority to enter, alter,
amend, modify, or waive any clause or condition of this Grant Agreement. Furthermore, any
alteration, amendment, modification, or waiver of any clause or condition of this Grant Agreement
is not effective or binding unless made in writing and signed by the Authorized Representative.
27. LOCAL PUBLIC TRANSPORTATION COORDINATION
Where applicable, GRANTEE shall participate in local public transportation forums and implement
strategies designed to ensure access to services.
28. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
A. During the performance of this Grant Agreement, the GRANTEE, including any
subgrantee/subcontractor, shall comply with all federal, state, and local nondiscrimination
laws, regulations, and policies including, but not be limited to, not discriminate on the bases
enumerated at RCW 49.60.530(3). In addition, GRANTEE, including any subcontractor, shall
give written notice of this nondiscrimination requirement to any labor organizations with which
GRANTEE, or subgrantee/subcontractor, has a collective bargaining or other agreement. The
funds provided under this Grant Agreement shall not be used to fund religious worship,
exercise, or instruction. No person shall be required to participate in any religious worship,
exercise, or instruction in order to have access to the facilities funded by this Grant
Agreement.
B. Obligation to Cooperate. GRANTEE, including any subcontractor, shall cooperate and
comply with any Washington state agency investigation regarding any allegation that
GRANTEE, including any subgrantee/subcontractor, has engaged in discrimination prohibited
by this Agreement pursuant to RCW 49.60.530(3).
C. Default. Notwithstanding any provision to the contrary, COMMERCE may suspend
GRANTEE, including any subgrantee/subcontractor, upon notice of a failure to participate
and cooperate with any state agency investigation into alleged discrimination prohibited by
this Contract, pursuant to RCW 49.60.530(3). Any such suspension will remain in place until
COMMERCE receives notification that GRANTEE, including any subgrantee/subcontractor, is
cooperating with the investigating state agency. In the event GRANTEE, or
subgrantee/subcontractor, is determined to have engaged in discrimination identified at RCW
49.60.530(3), COMMERCE may terminate this Agreement in whole or in part, and
GRANTEE, subgrantee/subcontractor, or both, may be referred for debarment as provided in
RCW 39.26.200. GRANTEE or subgrantee/subcontractor may be given a reasonable time in
which to cure this noncompliance, including implementing conditions consistent with any
court -ordered injunctive relief or settlement agreement.
29. PAY EQUITY
The GRANTEE agrees to ensure that "similarly employed" individuals in its workforce are
compensated as equals, consistent with the following:
A. Employees are "similarly employed" if the individuals work for the same employer, the
performance of the job requires comparable skill, effort, and responsibility, and the jobs
are performed under similar working conditions. Job titles alone are not determinative of
whether employees are similarly employed;
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B. GRANTEE may allow differentials in compensation for its workers if the differentials are
based in good faith and on any of the following:
i. A seniority system; a merit system; a system that measures earnings by quantity or
quality of production; a bona fide job -related factor or factors; or a bona fide regional
difference in compensation levels; and/or
ii. A bona fide job -related factor or factors may include, but not be limited to, education,
training, or experience that is: Consistent with business necessity; not based on or
derived from a gender -based differential; and accounts for the entire differential;
and/or
iii. A bona fide regional difference in compensation level must be: Consistent with
business necessity; not based on or derived from a gender -based differential; and
account for the entire differential.
This Grant Agreement may be terminated by COMMERCE, if COMMERCE or the Department of
Enterprise Services determines that the GRANTEE is not in compliance with this Section.
30. POLITICAL ACTIVITIES
Political activity of GRANTEE employees and officers are limited by the Campaign Disclosure and
Contribution provisions of RCW 42.17a and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of
any person for public office.
31. PREVAILING WAGE LAW
The GRANTEE certifies that all subgrantees/subcontractors performing work on the Project shall
comply with State Prevailing Wages on Public Works, RCW 39.12, as applicable to the Project
funded by this Grant Agreement, including, but not limited to, the filing of the "Statement of Intent
to Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The
GRANTEE shall maintain records sufficient to evidence compliance with RCW 39.12 and shall
make such records available for COMMERCE's review upon request. The GRANTEE is advised to
consult the Industrial Statistician at the Washington Department of Labor and Industries to
determine whether prevailing wages must be paid. COMMERCE is not responsible for determining
whether prevailing wage applies to this Project or for any prevailing wage payments that may be
required by law.
32. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The funds provided under this Grant Agreement shall not be used in payment of any bonus or
commission for the purpose of obtaining approval of the application for such funds or any other
approval or concurrence under this Grant Agreement provided, however, that reasonable fees or
bona fide technical consultant, managerial, or other such services, other than actual solicitation,
are not hereby prohibited if otherwise eligible as Project costs.
33. PUBLICITY
The GRANTEE agrees not to publish or use any advertising or publicity materials in which the State
of Washington or COMMERCE's name is mentioned, or language used from which the connection
with the State of Washington's or COMMERCE's name may reasonably be inferred or implied,
without the prior written consent of COMMERCE.
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34. RECAPTURE
In the event that the GRANTEE fails to perform this Grant Agreement in accordance with state or
federal laws, and/or the provisions of this Grant Agreement, COMMERCE reserves the right to
recapture funds in an amount to compensate COMMERCE for the noncompliance (which may
include all funds disbursed under the Grant Agreement, along with interest at the rate of the higher
of: (i) five percent (5%) per annum, or (ii) the rate of interest of state of Washington general
obligation bonds issued on the date most close in time to the effective date in which legislation
authorized funding for the subject facility) in addition to any other remedies available at law or in
equity.
COMMERCE's ability to recapture or seek remedies shall survive any receipt of a Closeout
Certification Form or termination of this Grant Agreement.
Repayment by the GRANTEE of funds under this Section shall occur within the time period
specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from
payments due under this Grant Agreement.
35. RECORDS MAINTENANCE
The GRANTEE shall maintain books, records, documents, data, and other evidence relating to this
Grant Agreement 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 Grant Agreement.
GRANTEE shall retain such records for a period of 6 years following the date of final payment. At
no additional cost, these records, including materials generated under the Grant Agreement, 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 6 year period, the records shall
be retained until all litigation, Claims, or audit findings involving the records have been resolved.
36. REGISTRATION WITH DEPARTMENT OF REVENUE AND SECRETARY OF STATE
If required by law, the GRANTEE shall complete registration with the Washington State Department
of Revenue and current with all required filings. Nonprofit and for -profit businesses must also be
registered with the Washington Secretary of State.
37. RIGHT OF INSPECTION
At no additional cost, the GRANTEE shall provide right of access to its facilities to COMMERCE,
or any of its officers, or to any other authorized agent or official of the State of Washington or the
federal government, at all reasonable times, in order to monitor and evaluate performance,
compliance, and/or quality assurance under this Grant Agreement. At no additional cost, the
GRANTEE shall also provide any documents related to this Grant Agreement to COMMERCE upon
request to assist COMMERCE in the periodic monitoring of this Grant Agreement.
38. 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 Grant Agreement and prior to normal completion, COMMERCE
may terminate the Grant Agreement under the "Termination for Convenience" clause, without the
10 calendar day notice requirement. In lieu of termination, the Grant Agreement may be amended
to reflect the new funding limitations and conditions.
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39. SEVERABILITY
The provisions of this Grant Agreement are intended to be severable. If any term or provision is
illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of
the remainder of the Grant Agreement.
40. SITE SECURITY
While on COMMERCE premises, GRANTEE, its agents, employees, and/or
subgrantees/subcontractors shall conform in all respects with physical, fire, and other security
policies or regulations.
41. SUBGRANTING/SUBCONTRACTING
A. GRANTEE must execute binding agreements with all subgrantees/subcontractors that will
perform work under this Grant Agreement.
B. GRANTEE must ensure that any and all subgrantees/subcontractors that perform work
related to this Project are duly authorized and licensed in Washington State to perform the
work contemplated by this Grant Agreement.
C. Neither the GRANTEE nor any subgrantee/subcontractor shall enter into
subgrants/subcontracts for any of the work associated with the Project contemplated under
this Grant Agreement without obtaining prior written approval of COMMERCE. In no event
shall the existence of the subgrant/subcontract operate to release or reduce the liability of the
GRANTEE to COMMERCE for any breach in the performance of the GRANTEE's duties.
This clause does not include grants of employment between the GRANTEE and personnel
assigned to perform work associated with the Project under this Grant Agreement.
D. Additionally, the GRANTEE is responsible for ensuring that all terms, conditions,
assurances, and certifications set forth in this Grant Agreement are carried forward to any
subgrants/subcontracts. Every subgrant/subcontract shall include a term that COMMERCE
and the State of Washington are not liable for Claims or damages arising from a
subgrantee's/subcontractor's performance of the subgrant/subcontract. GRANTEE and its
subgrantees/subcontractors agree not to release, divulge, publish, transfer, sell or otherwise
make known to unauthorized persons personal information without the express written
consent of COMMERCE or as provided by law.
E. Data Collection - GRANTEE 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 Grant
Agreement performed by subgrantees/subcontractors and the portion of grant funds
expended for work performed by subgrantees/subcontractors, including, but not necessarily
limited to, minority -owned, woman -owned, and veteran -owned business
subcontractors. "Subgrantees/subcontractors" shall mean subgrantees/subcontractors of any
tier.
42. SURVIVAL
The terms, conditions, and warranties contained in this Grant Agreement that by their sense and
context are intended to survive the completion of the performance, cancellation, or termination of
this Grant Agreement shall so survive including, without limitation, any Recapture provision in this
Grant Agreement.
43. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the GRANTEE's
income or gross receipts, and/or any other taxes, insurance, or expenses for the GRANTEE or its
staff shall be the sole responsibility of the GRANTEE.
162
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44. TERMINATION FOR CAUSE
In the event COMMERCE determines the GRANTEE has failed to comply with the conditions of
this Grant Agreement in a timely manner, COMMERCE has the right to suspend or terminate this
Grant Agreement. Before suspending or terminating the Grant Agreement, COMMERCE shall
notify the GRANTEE in writing of the need to take corrective action. If corrective action is not taken
within 30 calendar days, the Grant Agreement may be terminated or suspended.
In the event of termination or suspension, the GRANTEE shall be liable for damages as authorized
by law including, but not limited to, any cost difference between the original Grant Agreement and
the replacement or cover Grant Agreement and all administrative costs directly related to the
replacement Grant Agreement (e.g., cost of the competitive bidding, mailing, advertising and staff
time).
COMMERCE reserves the right to suspend all or part of the Grant Agreement, withhold further
payments, or prohibit the GRANTEE from incurring additional obligations of funds during
investigation of the alleged compliance breach and pending corrective action by the GRANTEE or
a decision by COMMERCE to terminate the Grant Agreement. A termination shall be deemed a
"Termination for Convenience" under General Terms and Conditions Section 45 (Termination for
Convenience) if it is determined that the GRANTEE: (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 Grant Agreement are not exclusive and
are in addition to any other rights and remedies provided by law.
45. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Grant Agreement, COMMERCE may, by 10 business days
written notice, beginning on the second day after the mailing, terminate this Grant Agreement, in
whole or in part. If this Grant Agreement is so terminated, COMMERCE shall be liable only for
payment required under the terms of this Grant Agreement for services rendered or goods delivered
prior to the effective date of termination.
46. TERMINATION PROCEDURES
Upon termination of this Grant Agreement, COMMERCE, in addition to any other rights provided
in this Grant Agreement, may require the GRANTEE to deliver to COMMERCE any property
specifically produced or acquired for the performance of such part of this Grant Agreement as has
been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property
transfer.
COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE 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 Grant Agreement. COMMERCE may withhold from any amounts due the GRANTEE
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 Grant Agreement.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the GRANTEE shall:
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1) Stop work under the Grant Agreement on the date, and to the extent specified, in the notice;
2) Place no further orders or subgrants/subcontracts for materials, services, or facilities except
as may be necessary for completion of such portion of the work under the Grant Agreement
that is not terminated;
3) 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 GRANTEE under the
orders and subgrants/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 subgrants/subcontracts;
4) Settle all outstanding liabilities and all Claims arising out of such termination of orders and
subgrants/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;
5) 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 Grant Agreement had
been completed, would have been required to be furnished to COMMERCE;
6) Complete performance of such part of the work associated with the Project as shall not have
been terminated by the Authorized Representative; and
7) 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 Grant Agreement, which is in
the possession of the GRANTEE and in which COMMERCE has or may acquire an interest.
47. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the GRANTEE, for the cost of which the GRANTEE is entitled to be reimbursed as a
direct item of cost under this Grant Agreement, shall pass to and vest in COMMERCE upon delivery
of such property by the GRANTEE. Title to other property, the cost of which is reimbursable to the
GRANTEE under this Grant Agreement, shall pass to and vest in COMMERCE upon (i) issuance
for use of such property in the performance of this Grant Agreement, or (ii) commencement of use
of such property in the performance of this Grant Agreement, 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 GRANTEE shall, unless otherwise provided
herein or approved by COMMERCE, be used only for the performance of this Grant Agreement.
B. The GRANTEE shall be responsible for any loss or damage to property of COMMERCE that
results from the negligence of the GRANTEE or which results from the failure on the part of the
GRANTEE to maintain and administer that property in accordance with sound management
practices.
C. If any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately
notify COMMERCE and shall take all reasonable steps to protect the property from further
damage.
D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this Grant Agreement
All reference to the GRANTEE under this clause shall also include GRANTEE'S employees, agents
or subgrantees/subcontractors.
48. 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 Grant Agreement
unless stated to be such in writing and signed by Authorized Representative of COMMERCE.
164
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Docusign Envelope ID: C372AEAD-C7C8-4A0E-B4DA-B1 E33A852578
ATTACHMENT A - SCOPE OF WORK
Funds awarded under this grant shall be used by City of Tukwila toward the Tukwila Community Center
HVAC Replacement Phase 1 Project located at 12424 42nd Ave S, Tukwila, WA 98188.
This Project will include, but not be limited to, HVAC replacement, renovation, design, and capitalized
equipment activities such as replacement of the on -site boiler and the controls system for the full HVAC
system to allow for optimal heating resources during the winter season and as needed throughout the
year.
This Project will serve as a benefit to the public by providing a stable and fully functional heating system
for this community center that offers several activities for youth, adults, and seniors in the community
including recreation and fitness programs, wellness programs, a preschool, rentable meeting rooms and
banquet space, and as a potential emergency weather shelter.
This Project is anticipated to be completed by July 30, 2025.
Costs related to the work associated with the Project will only be reimbursed to the extent the work is
determined by Commerce to be within the scope of the legislative appropriation.
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that the Scope of Work set forth above has been reviewed and
approved by the GRANTEE's governing body as of the date and year written below.
GRANTEE
Mayor
TITLE
DATE
28
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ATTACHMENT B - PROJECT BUDGET
Line Item
Funding Amount
Acquisition
$0.00
Architecture & Engineering
$181,401.00
Construction
$1,270,068.00
Capitalized Equipment
$283,950.00
Total Project Budget
$1,735,419.00
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that the Project Budget set forth above has been reviewed and
approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year
written below.
GRANTEE
Mayor
TITLE
DATE
166
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Docusign Envelope ID: C372AEAD-C7C8-4A0E-B4DA-B1 E33A852578
ATTACHMENT C - CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE
PROJECT
Non -State Fund Sources
Amount
King County Grant
$500,000.00
City of Tukwila Local Funds
$485,609.00
Total Non -State Funds
$985,609.00
State Funds
Amount
State Capital Budget
$250,260.00
Commerce CCF Grant #24-96647-296
$499,550.00
Total Non -State and State Sources
$1,735,419.00
Holdback:
0%
$0.00
Project Reimbursement Rate
100%
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that Project funding from sources other than those provided by
this Grant Agreement and identified above has been reviewed and approved by the GRANTEE's
governing body or board of directors, as applicable, and has either been expended for eligible Project
expenses, or is committed in writing and available and will remain committed and available solely and
specifically for carrying out the purposes of this Project as described in elsewhere in this Grant
Agreement, as of the date and year written below. The GRANTEE shall maintain records sufficient to
evidence that it has expended or has access to the funds needed to complete the Project and shall make
such records available for COMMERCE's review upon reasonable request.
GRANTEE
Mayor
TITLE
DATE
30
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ATTACHMENT D - CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that all contractors and subgrantees/subcontractors performing
work on the Project shall comply with prevailing wage laws set forth in RCW 39.12, as applicable on the
date the Project appropriation becomes effective, including but not limited to the filing of the "Statement of
Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The
GRANTEE shall maintain records sufficient to evidence compliance with RCW 39.12 and shall make such
records available for COMMERCE's review upon request.
If any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing
Wages must be paid.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE's governing body as of the date and year written below.
GRANTEE
Mayor
TITLE
DATE
168
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Docusign Envelope ID: C372AEAD-C7C8-4A0E-B4DA-B1 E33A852578
ATTACHMENT E - CERTIFICATION OF INTENT TO ENTER THE LEADERSHIP IN ENERGY AND
ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that it will enter into the Leadership in Energy and
Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to the Project
funded by this Grant Agreement. The GRANTEE shall, upon receipt of LEED certification by the United
States Green Building Council, provide documentation of such certification to COMMERCE.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year
written below.
NOT APPLICABLE
GRANTEE
TITLE
DATE
32
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Docusign Envelope ID: C372AEAD-C7C8-4A0E-B4DA-B1 E33A852578
Community Capital Facilities Routing List
Name & Title
Signature
Date
Erin Lalonde
Budget Analyst Review & Approval
,-DocuSignedby.
frit& WAAL
—3FFF0A48B8F04A0...
2/27/2025
I
Addeline Craig
Managing Director Review & Approval
Tony Hanson
Deputy Director Final Review & Approval
:55 AM PST
170
docusign.
Certificate Of Completion
Envelope Id: C372AEAD-C7C8-4A0E-B4DA-B1E33A852578
Subject: Please DocuSign: S23121 Tukwila HVAC Replacement Contract
Division:
Local Government
Program: CCF
ContractNumber: 23-96643-121
DocumentType: Contract
Source Envelope:
Document Pages: 34 Signatures: 1
Certificate Pages: 5 Initials: 0
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Status: Sent
Envelope Originator:
Pat Hughes
1011 Plum Street SE
MS 42525
Olympia, WA 98504-2525
pat.hughes@commerce.wa.gov
IP Address: 198.239.10.165
Record Tracking
Status: Original
2/27/2025 8:41:26 AM
Security Appliance Status: Connected
Storage Appliance Status: Connected
Holder: Pat Hughes
pat.hughes@commerce.wa.gov
Pool: StateLocal
Pool: Washington State Department of Commerce
Location: DocuSign
Location: Docusign
Signer Events
Signature
Timestamp
Erin LaLonde
erin.lalonde@commerce.wa.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Tom McLeod
mayor@tukwilawa.gov
Mayor
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 2/27/2025 10:19:41 AM
ID:f1120b74-d30e-4f0d-9642-a0a1ca4c2700
Addeline Craig
addeline.craig@commerce.wa.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Tony Hanson
tony.hanson@commerce.wa.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
p-DocuSigned by:
tvitn. (Atotn,f.t,
'-3FFF0A48B8F04A0...
Signature Adoption: Pre -selected Style
Using IP Address: 198.239.106.217
Sent: 2/27/2025 8:47:54 AM
Viewed: 2/27/2025 8:50:18 AM
Signed: 2/27/2025 8:55:58 AM
Sent: 2/27/2025 8:56:00 AM
Viewed: 2/27/2025 10:19:41 AM
171
Signer Events Signature Timestamp
Mark Barkley
mark.barkley@commerce.wa.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Pat Hughes
pat.hughes@commerce.wa.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Carbon Copy Events Status Timestamp
Pat Hughes
pat.hughes@commerce.wa.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
David Rosen
david.rosen@tukwilawa.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 8/16/2024 9:15:56 AM
ID: efab21a4-9ecf-4c13-af7a-dde90f8d26b0
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 2/27/2025 8:47:54 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
172
Electronic Record and Signature Disclosure created on: 8/11/2020 4:44:12 PM
Parties agreed to: Tom McLeod, David Rosen
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Washington State Department of Commerce (we, us or Company) may be
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173
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format you may:
174
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• Until or unless you notify Washington State Department of Commerce as described
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during the course of your relationship with Washington State Department of Commerce.
175
Docusign Envelope ID: 2EDF68CC-97FB-4761-B201-3CA16301596D
ink Washington State
140 Department
Grant to
City Of Tukwila
through
The Local Community Projects Program
For
Tukwila Community Center HVAC Replacement
176
Docusign Envelope ID: 2EDF68CC-97FB-4761-B201-3CA16301596D
Table of Contents
FACE SHEET 4
SPECIAL TERMS AND CONDITIONS 5
1. GRANT MANAGEMENT 5
2. COMPENSATION 5
3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES 5
4. STATE PUBLIC WORKS 6
5. SITE CONTROL 6
6. DOCUMENTATION AND SECURITY 6
7. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL
PROPERTY PERFORMANCE MEASURES 7
8. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT 7
9. BILLING PROCEDURES AND PAYMENT 8
10. CLOSEOUT CERTIFICATION 9
11. INSURANCE 9
12. ORDER OF PRECEDENCE 11
13. REDUCTION IN FUNDS 11
14. REAPPROPRIATION 12
15. OWNERSHIP OF PROJECT/CAPITAL FACILITIES 12
16. CHANGE OF OWNERSHIP OR USE FOR GRANTEE -OWNED PROPERTY 12
17. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE 12
18. MODIFICATION TO THE PROJECT BUDGET 13
19. SIGNAGE, MARKERS AND PUBLICATIONS 13
20. HISTORICAL AND CULTURAL ARTIFACTS 14
21. TERMINATION FOR FRAUD OR MISREPRESENTATION 14
22. FRAUD AND OTHER LOSS REPORTING 15
23. PUBLIC RECORDS ACT 15
24. APPLICABILITY OF COPYRIGHT PROVISIONS TO ARCHITECTURAL/ENGINEERING DESIGN
WORK 15
25. TREATMENT OF ASSETS 15
GENERAL TERMS AND CONDITIONS 16
1. DEFINITIONS 16
2. ACCESS TO DATA 16
3. ADVANCE PAYMENTS PROHIBITED 16
4. ALL WRITINGS CONTAINED HEREIN 16
5. ALLOWABLE COSTS 16
6. AMENDMENTS 17
7. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO REFERRED
TO AS THE "ADA" 28 CFR PART 35 17
8. ASSIGNMENT 17
1
177
Docusign Envelope ID: 2EDF68CC-97FB-4761-B201-3CA16301596D
9. ATTORNEYS' FEES 17
10. AUDIT 17
11. BREACHES OF OTHER STATE CONTRACTS 18
12. CODE REQUIREMENTS 18
13. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION 18
14. CONFORMANCE 19
15. CONFLICT OF INTEREST 19
16. COPYRIGHT PROVISIONS 19
17. DISALLOWED COSTS 20
18. DISPUTES 20
19. DUPLICATE PAYMENT 20
20. GOVERNING LAW AND VENUE 21
21. INDEMNIFICATION 21
22. INDEPENDENT CAPACITY OF THE GRANTEE 21
23. INDUSTRIAL INSURANCE COVERAGE 21
24. LAWS 21
25. LICENSING, ACCREDITATION, AND REGISTRATION 22
26. LIMITATION OF AUTHORITY 22
27. LOCAL PUBLIC TRANSPORTATION COORDINATION 22
28. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS 22
29. PAY EQUITY 22
30. POLITICAL ACTIVITIES 23
31. PREVAILING WAGE LAW 23
32. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION 23
33. PUBLICITY 23
34. RECAPTURE 24
35. RECORDS MAINTENANCE 24
36. REGISTRATION WITH DEPARTMENT OF REVENUE AND SECRETARY OF STATE 24
37. RIGHT OF INSPECTION 24
38. SAVINGS 24
39. SEVERABILITY 25
40. SITE SECURITY 25
41. SUBGRANTING/SUBCONTRACTING 25
42. SURVIVAL 25
43. TAXES 25
44. TERMINATION FOR CAUSE 26
45. TERMINATION FOR CONVENIENCE 26
46. TERMINATION PROCEDURES 26
47. TREATMENT OF ASSETS 27
48. WAIVER 27
ATTACHMENT A - SCOPE OF WORK 28
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ATTACHMENT B - PROJECT BUDGET 29
ATTACHMENT C - CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE
PROJECT 30
ATTACHMENT D - CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES
31
ATTACHMENT E - CERTIFICATION OF INTENT TO ENTER THE LEADERSHIP IN ENERGY AND
ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS 32
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FACE SHEET
Grant Agreement Number: 24-96647-296
Project Name: Tukwila Community Center HVAC Replacement
Washington State Department of Commerce
Local Government Division
Local Community Projects
1. GRANTEE
City of Tukwila
6200 SOUTHCENTER BLVD
TU KW I LA, WA 98188-8548
2. GRANTEE Doing Business As (optional)
3. GRANTEE Representative
David Rosen
Fiscal Analyst
(206) 767-2310
david.rosen@tukwilawa.gov
4. COMMERCE Representative
Pat Hughes
Program manager
(360) 725-4187
pat.hughes@commerce.wa.gov
P.O. Box 42525
1011 Plum Street SE
Olympia, WA 98504-2525
5. Grant Amount
$499,550.00
6. Funding
Federal:
Other:
Source
7. Start Date
Upon Final Signature
8. End Date
June 30, 2025, if funds are not
reappropriated; June 30, 2027,
contingent on reappropriation.
❑ State: //
❑ N/A: ❑
9. Federal Funds (as applicable) Federal Agency CFDA Number
N/A N/A N/A
10.Tax ID#
91-6001519
11.SWV#
SWV0018023-00
12.UBI#
179000208
13.UEI#
U EQ N MC26C8T3
14. Grant Purpose
The purpose of this performance -based Grant Agreement is to provide funding for the Tukwila Community Center HVAC
Replacement Phase 1 Project located at 12424 42nd Ave S, Tukwila, WA 98168 as described in Attachment A — Scope of
Work.
COMMERCE, defined as the Washington State Department of Commerce, and the GRANTEE, as defined above,
acknowledge and accept the terms of this Grant Agreement and attachments and have executed this Grant Agreement on
the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Grant
Agreement are governed by this Grant Agreement and the following other documents incorporated by reference: Grant
Agreement Terms and Conditions including Attachment A — Scope of Work, Attachment B — Budget, Attachment C —
Certification of Availability of Funds to Complete the Project, Attachment D — Certification of the Payment and Reporting of
Prevailing Wages, and Attachment E — Certification of Intent to Enter LEED Process, application as submitted for grant
funding, applicable Local Community Projects Program Notice of Funding Availability, and applicable Local Community
Projects Program Guidelines (as they may be revised from time to time).
FOR GRANTEE
FOR COMMERCE
Tom McLeod, Mayor
City of Tukwila
Mark K. Barkley, Assistant Director
Local Government Division
Date
Date
TEMPLATE APPROVED AS TO FORM
Lisa Koperski, Assistant Attorney General, on 7/22/2024
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SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
THIS GRANT AGREEMENT, entered into by and between the Grantee, a Local Government, and
WASHINGTON STATE DEPARTMENT OF COMMERCE, as defined on the Face Sheet of this Grant
Agreement, WITNESSES THAT:
WHEREAS, COMMERCE has the statutory authority under RCW 43.330.050(5) to cooperate
with and provide assistance to local governments, businesses, and community -based
organizations; and
WHEREAS, COMMERCE is also given the responsibility to administer state funds and programs
which are assigned to COMMERCE by the Governor or the Washington State Legislature; and
WHEREAS, the Washington State Legislature has, in Laws of 2023, Chapter 474, Section 1025,
made an appropriation to support the 2024 Local and Community Projects Program, which was
amended in Laws of 2024, Chapter 375, Section 1011, and directed COMMERCE to administer
those funds; and
Additionally, the GRANTEE has received an appropriation for the Tukwila Community Center
#23-96643-121 in Substitute Senate Bill 5651, Laws of 2022, Chapter 296, Section 1026, which
has not yet been administered.
WHEREAS, the enabling legislation also stipulates that the GRANTEE is eligible to receive
funding for design, acquisition, construction and equipment, or rehabilitation activities of the
Project.
GRANTEE and COMMERCE are individually a "party" and, collectively, the "parties."
NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter
contained, the parties agree as follows:
1. GRANT 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 Grant Agreement.
2. COMPENSATION
COMMERCE shall pay an amount not to exceed $499,550.00 for the capital costs necessary for or
incidental to the performance of work as set forth in Attachment A (Scope of Work).
3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES
A. The release of state funds under this Grant Agreement is contingent upon the GRANTEE
certifying that it has expended or has access to funds from non -state sources as set forth in
ATTACHMENT C (CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE
PROJECT). Such non -state sources may consist of a combination of any of the following:
i. Eligible Project expenditures prior to the execution of this Grant Agreement.
ii. Cash dedicated to the Project.
iii. Funds available through a letter of credit or other binding loan commitment(s).
iv. Pledges from foundations or corporations.
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v. Pledges from individual donors.
vi. The value of real property when acquired solely for the purposes of this Project, as
established and evidenced by a current market value appraisal performed by a licensed,
professional real estate appraiser, or a current property tax statement. COMMERCE will
not consider appraisals for prospective values of such property for the purposes of
calculating the amount of non -state matching fund credit.
vii. In -kind contributions, subject to COMMERCE'S approval.
B. The GRANTEE shall maintain records sufficient to evidence that it has access to or has
expended funds from such non -state sources and shall make such records available for
COMMERCE's review upon reasonable request.
4. STATE PUBLIC WORKS
For work done at the cost of the State, GRANTEE must comply with public works statutes RCW
39.04 and RCW 39.10, apprenticeship requirements, and the State and local building codes, as
applicable. If GRANTEE has questions about compliance, GRANTEE will need to visit the
Washington State Department of Labor & Industries Public Works Projects website for more
information.
5. SITE CONTROL
GRANTEES who receive grants for construction, purchase or renovation of facilities must provide
written evidence of and maintain site control, either through outright ownership of the subject
property or a long-term lease, fora minimum of 10 years after the later of: (1) final grant payment;
or (2) the date when the facility is made usable to the public for the purpose intended by the
Washington State Legislature, including GRANTEE having secured all required licenses,
certifications, and/or permits. GRANTEES must provide written evidence of continuing site control
as may be requested by COMMERCE.
6. DOCUMENTATION AND SECURITY
The provisions of this Section shall apply to capital projects performed by nonprofit organizations
and public benefit corporations that involve the expenditure of over $250,000 in State funds. The
provisions may also apply to Tribes, depending on the location of the Project. Additionally,
COMMERCE reserves the right to review all state -funded projects and to require that projects
performed by other entity types comply with this Section. Projects for which the grant award or
legislative intent documents specify that the state funding is to be used for pre -design or design
only are exempt from this Section.
A. Deed of Trust. This Grant Agreement shall be evidenced by a promissory note and secured by
a deed of trust or other appropriate security instrument in favor of COMMERCE (the Deed of
Trust). The Deed of Trust shall be recorded in the County where the Project is located, and the
original returned to COMMERCE after recordation within 90 calendar days of Grant Agreement
execution. The Deed of Trust must be recorded before COMMERCE will reimburse the
GRANTEE for any Project costs. The amount secured by the Deed of Trust shall be the amount
of the Grant Agreement as set forth on the Face Sheet.
B. Term of Deed of Trust; Commitment Period. The Deed of Trust shall remain in full force and
effect for a minimum period of 10 years following the later of: (1) final payment of state funds to
the GRANTEE under this Grant Agreement; or (2) the date when:
i. the facility improved or acquired with grant funds; or
ii. a distinct phase of the Project
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is made useable to the public for the purpose intended by the Washington State Legislature (the
Commitment Period). Upon satisfaction of the Commitment Period term requirement and all other
Grant Agreement terms and conditions, COMMERCE shall, upon written request of the
GRANTEE, take appropriate action to reconvey the Deed of Trust.
C. Title Insurance. The GRANTEE shall purchase an extended coverage lender's policy of title
insurance insuring the lien position of the Deed of Trust in an amount not less than the
amount of the grant.
D. Covenant. If the Project will be partially funded by a loan and the term of said loan is less
than the Commitment Period as defined in Special Terms and Conditions Section 6(B),
COMMERCE may require that GRANTEE record or cause to be recorded a covenant in a
superior lien position ahead of the lender's security instrument that restricts use of the facility
or property for the purpose(s) stated elsewhere in this Grant Agreement for at least the term
of the Commitment Period as defined in Special Terms and Conditions Section 6(B).
E. Subordination. COMMERCE may agree to subordinate its Deed of Trust upon request from
a private or public lender. Any such request shall be submitted to COMMERCE in writing, and
COMMERCE shall respond to the request in writing within 30 calendar days of receiving the
request.
F. Deed of Trust on Leased Property. COMMERCE may require, at its sole discretion, a Deed
of Trust on the fee interest of the real property where the Project is located, if the Project is
on leased property
7. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL
PROPERTY PERFORMANCE MEASURES
When all or part of the grant is used to fund the acquisition of real property, before funds are
disbursed, the GRANTEE shall procure and provide to COMMERCE evidence establishing the
value of the real property eligible for reimbursement under this Grant Agreement as follows:
A. GRANTEE purchases of real property from an independent third -party seller shall be evidenced
by a current appraisal prepared by a licensed Washington State commercial real estate appraiser
or a current property tax statement.
B. GRANTEE purchases of real property from a subsidiary organization, such as an affiliated LLC,
shall be evidenced by a current appraisal prepared by a licensed Washington State commercial
real estate appraiser or the prior purchase price of the property plus holding costs, whichever is
less.
8. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
Payments to the GRANTEE shall be made on a reimbursement basis only. The GRANTEE may be
reimbursed, at the rate set forth elsewhere in this Grant Agreement, for work associated with the
Project expenditures Unless authorized by the Washington State Legislature, only those Project costs
incurred after the date of execution, may be reimbursed. Reimbursable cost are determined by the
Scope of Work, Attachment A. Generally costs within the following cost categories are considered
capital expenditures:
A. Real property, and costs directly associated with such purchase, when purchased or acquired
solely for the purposes of the Project;
B. Design, engineering, architectural, and planning;
C. Construction management and observation (from external sources only);
D. Construction costs including, but not limited to, the following:
i. Site preparation and improvements;
ii. Permits and fees;
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iii. Labor and materials;
iv. Taxes on Project goods and services;
v. Capitalized equipment;
vi. Information technology infrastructure; and
vii. Landscaping.
E. Other costs authorized through the legislation.
9. BILLING PROCEDURES AND PAYMENT
COMMERCE shall reimburse the GRANTEE for up to 100% of each invoice for eligible Project
expenditures, up to the maximum payable under this Grant Agreement. When requesting
reimbursement for expenditures made, the GRANTEE shall submit to COMMERCE a signed and
completed Invoice Voucher (Form A-19), that documents capitalized Project activity performed — by
budget line item — for the billing period. The GRANTEE must submit all Invoice Vouchers and any
required documentation electronically. Submissions shall be in accordance with directions provided
by COMMERCE. Funds are reimbursement based and cannot be advanced under any circumstance.
Disbursements of funds for invoices due and payable within 30 days are not considered advanced
payments.
The GRANTEE shall evidence the costs claimed on each voucher by including copies of each invoice
received from subgrantees/subcontractors providing Project goods or services covered by the Grant
Agreement. The GRANTEE shall also provide COMMERCE with a copy of the cancelled check or
electronic funds transfer, as applicable, that confirms that they have paid each expenditure being
claimed at the time the voucher is submitted or within 30 calendar days of Commerce's disbursement
of payment. The cancelled checks or electronic funds transfers may be submitted to COMMERCE at
the time the voucher is initially submitted or within 30 calendar days thereafter.
The voucher must be certified (i.e., signed) by an official of the GRANTEE with authority to bind the
GRANTEE. The voucher shall be submitted to COMMERCE within 60 calendar days following the
completion of work or other termination of this Grant Agreement, or within 15 calendar days following
the end of the State biennium unless Grant Agreement funds are re -appropriated by the Washington
State Legislature in accordance with Special Terms and Conditions Section 18 (Reappropriation).
If GRANTEE has or will be submitting any of the invoices attached to a request for payment for partial
reimbursement under another contract or grant agreement, GRANTEE must clearly identify such
contracts or grant agreements in the transmittal letter and request for payment.
Each request for payment must be accompanied by a Project Status Report, which describes, in
narrative form, the progress made on the Project since the last invoice was submitted as well as a
report of Project status to date. COMMERCE will not release payment for any reimbursement request
received unless and until the Project Status Report is received. After approving the Invoice Voucher
and Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE. In the
event that the award amount in Special Terms and Conditions Section 2 (Compensation) is expended
before construction completion of the Project, as identified in Attachment A (Scope of Work), the
GRANTEE agrees to continue providing complete Project Status Report updates to their
COMMERCE Representative annually or upon request.
COMMERCE will pay GRANTEE upon receipt and approval of properly completed invoices and
supporting documentation, which shall be submitted to the Representative for COMMERCE not more
often than monthly. After approving the Invoice Voucher and Project Status Report, COMMERCE
shall promptly remit a warrant to the GRANTEE. Payment shall be considered timely if made by
COMMERCE within 30 calendar days after receipt of properly completed invoices. Payment shall be
sent to the address designated by the GRANTEE.
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Notwithstanding the foregoing, COMMERCE may, in its sole discretion, holdback up to the final 10%
of grant funds until the Project is complete and the facility has been issued a Certificate of Occupancy
from the appropriate local permitting entity, or for projects without occupiable space, when
comparable evidence of Project completion is submitted by GRANTEE. The Certificate of Occupancy
/evidence of completion should be submitted with GRANTEE's final request for reimbursement.
10. CLOSEOUT CERTIFICATION
The GRANTEE shall complete and submit a Closeout Certification Form when:
A. All activities identified in the Scope of Work shown on Attachment A are complete and the Project
is useable to the public for the purpose intended by the Washington State Legislature, or
B. When final payment is made and GRANTEE has certified that the Project will be completed and
the public benefit described will be maintained for the term of the Commitment Period as defined
in Special Terms and Conditions Section 6(B).
Notwithstanding anything in A. or B. above, the right of COMMERCE to recapture funds or seek other
remedies for failure to make the Project usable to the public shall survive the closeout or termination of
this Grant Agreement.
COMMERCE reserves the right to request additional information related to the Project.
11. INSURANCE
A. Insurance Requirements for Reimbursable Activities
The GRANTEE must have insurance coverage that is substantially similar to the coverage described
in Section 11 B below for all periods in which GRANTEE performed work for which it will seek
reimbursement. The intent of the required insurance is to protect the State of Washington should
there be any Claims, suits, actions, costs, damages or expenses arising from any loss or negligent or
intentional act or omission of the GRANTEE or subgrantee/subcontractor, or agents of either, while
performing under the terms of this Grant Agreement.
B. Additional Insurance Requirements During the Term of the Grant Agreement
i. The GRANTEE shall provide proof to COMMERCE of insurance coverage that shall be
maintained in full force and effect, as indicated below, and shall submit renewal certificates not
less than 30 calendar days prior to expiration of each policy required under this Section:
a. Commercial General Liability Insurance Policy. Provide a Commercial
General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in
adequate quantity to protect against legal liability arising out of or related to this Grant Agreement
but in no less than $1,000,000 per occurrence. Additionally, the GRANTEE is responsible for
ensuring that any subgrantee/subcontractor provide adequate insurance coverage for the
activities arising out of or related to subgrants/subcontracts (if any). Commercial General Liability
Insurance coverage shall be maintained in full force and effect during the term of this Grant
Agreement and throughout the Commitment Period as defined in Special Terms and Conditions
Section 6(B). This insurance must be maintained throughout the term of the Grant Agreement
and the Commitment Period as defined in Special Terms and Conditions Section 6(B).
b. Property Insurance. The GRANTEE shall keep the property insured in an
amount sufficient to permit such insurance to be written at all times on a replacement cost
basis. Such insurance shall cover the following hazards, as applicable:
1. Loss or damage by fire and such other risks;
2. Loss or damage from leakage or sprinkler systems now or hereafter
installed in any building on the premises;
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3. Loss or damage by explosion of steam boilers, pressure vessels, oil or
gasoline storage tanks, or similar apparatus now or hereafter installed in a building or
building on the premises.
This property insurance coverage must be maintained in full force and effect throughout the term
of this Grant Agreement and the Commitment Period as defined in Special Terms and Conditions
Section 6(B).
c. Professional Liability, Errors, and Omissions Insurance. If GRANTEE will be
providing any professional services to be reimbursed under this Grant Agreement, the
GRANTEE shall maintain Professional Liability or Errors and Omissions Insurance with
minimum limits of no less than $1,000,000 per occurrence to cover all activities by the
GRANTEE and licensed staff employed or under contract to the GRANTEE. The State of
Washington, the Department of Commerce, its agents, officers, and employees need not be
named as additional insureds under this policy. This insurance must be maintained throughout
the Commitment Period as defined in Special Terms and Conditions Section 6(B). GRANTEE
shall require that any subgrantees/subcontractors providing professional services that are
reimbursable under this Grant Agreement maintain Professional Liability or Errors and
Omissions Insurance at the coverage levels set forth in this subsection.
d. Fidelity Insurance. Every officer, director, employee, or agent who is authorized
to act on behalf of the GRANTEE for the purpose of receiving or depositing funds into program
accounts or issuing financial documents, checks, or other instruments of payment for program
costs shall be insured to provide protection against loss where:
1. The amount of fidelity coverage secured pursuant to this Grant
Agreement shall be $2,000,000 or the highest of planned reimbursement for the Grant
Agreement period, whichever is lower. Fidelity insurance secured pursuant to this paragraph
shall name the State of Washington, the Department of Commerce, its agents, officers, and
employees as beneficiary.
2. Subgrantees/subcontractors that receive $10,000 or more per year in
funding through this Grant Agreement shall secure fidelity insurance as noted above. Fidelity
insurance secured by subgrantees/subcontractors pursuant to this paragraph shall name the
GRANTEE and the GRANTEE's fiscal agent (if any) as beneficiary.
3. Fidelity Insurance coverage shall be maintained in full force and effect
from the start date of this Grant Agreement until GRANTEE has submitted a Closeout
Certification Form, subject to the following: Fidelity Insurance must be issued on either (a) a
"loss sustained" basis; or (b) if issued on a "loss -discovered" basis, provide coverage for at
least 6 months following the date of COMMERCE's receipt of the Closeout Certification Form.
H. The insurance required shall be issued by an insurance company authorized to do business
within the State of Washington. Except as otherwise set forth in this Section, each insurance
policy shall name "the State of Washington the Department of Commerce, its agents, officers,
and employees" as additional insureds on all policies. All policies shall be primary to any other
valid and collectable insurance. The GRANTEE shall instruct the insurers to give COMMERCE 30
calendar days' advance notice of any insurance cancellation or modification.
iii. The GRANTEE shall submit to COMMERCE within 15 calendar days of the Grant Agreement
start date, a certificate of insurance which outlines the coverage and limits defined in this
insurance section including, without limitation, the type of insurance coverage under the policy,
the designated beneficiary, who is covered, the amounts, the period of coverage, and that
COMMERCE will be provided 30 days' advance written notice of cancellation. During the term of
the Grant Agreement, the GRANTEE shall submit renewal certificates not less than 30 calendar
days prior to expiration of each policy required under this Section. Additionally, GRANTEE shall
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provide copies of insurance instruments or certifications at COMMERCE's request and until six
month after COMMERCE has received a Closeout Certification Form from GRANTEE. Copies of
such insurance instruments and certifications will be provided within 15 calendar days of
COMMERCE's request unless otherwise agreed to by the parties.
iv. GRANTEES and Local Governments that Participate in a Self -Insurance Program.
Self-Insured/Liability Pool or Self -Insured Risk Management Program — With prior approval from
COMMERCE, the GRANTEE may provide the coverage above under a self-insured/liability pool
or self -insured risk management program. In order to obtain permission from COMMERCE, the
GRANTEE shall provide: (1) a description of its self-insurance program, and (2) a certificate
and/or letter of coverage that outlines coverage limits and deductibles. All self -insured risk
management programs or self-insured/liability pool financial reports must comply with Generally
Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1)
Governmental Accounting Standards Board (GASB), 2) Financial Accounting Standards Board
(FASB), and 3) the Washington State Auditor's annual instructions for financial reporting.
GRANTEE's participating in joint risk pools shall maintain sufficient documentation to support the
aggregate Claim liability information reported on the balance sheet. The State of Washington, the
Department of Commerce, its agents, and employees need not be named as additional insured
under a self -insured property/liability pool, if the pool is prohibited from naming third parties as
additional insured.
GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self-
insurance, evidencing continued coverage under GRANTEE's self-insured/liability pool or self -
insured risk management program. Such annual summary of coverage and letter of self-
insurance will be provided on the anniversary of the start date of this Grant Agreement.
12. ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant Agreement, the inconsistency shall be resolved by
giving precedence in the following order:
1) Applicable federal and State of Washington statutes and regulations
2) Special Terms and Conditions
3) General Terms and Conditions
4) Attachment A — Scope of Work
5) Attachment B — Project Budget
6) Attachment C — Certification of the Availability of Funds to Complete the Project
7) Attachment D — Certification of the Payment and Reporting of Prevailing Wages
8) Attachment E — Certification of Intent to Enter the Leadership in Energy and Environmental
Design (LEED) Certification Process
9) Application as submitted by the GRANTEE for funding
10) Notice of Funding Availability
11) Program Guidelines, as revised. GRANTEE acknowledges that the Program Guidelines may
be revised by COMMERCE from time to time and agrees that the most recent version of the
Guidelines shall be applicable. COMMERCE will post notice on its website
https://www.commerce.wa.gov/buildinq-infrastructure/capital-facilities/ drawing attention to
the sections of the Guidelines that have been revised.
13. REDUCTION IN FUNDS
In the event that funds appropriated for the Project contemplated under this Grant Agreement are
withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature, or
other funding source, during the Grant Agreement period, the parties understand and agree that
COMMERCE may suspend, amend, or terminate the Grant Agreement to abide by the revised
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funding limitations. The parties understand and agree that GRANTEE shall be bound by any such
revised funding limitations as implemented at the discretion of COMMERCE and shall meet and
renegotiate the Grant Agreement accordingly.
14. REAPPROPRIATION
A. The parties hereto understand and agree that any State funds not expended by the End Date
listed on the Face Sheet will lapse on that date unless specifically reappropriated by the
Washington State Legislature. If funds are so reappropriated, the State's obligation under the
terms of this Grant Agreement shall be contingent upon the terms of such reappropriation.
B. In the event any funds awarded under this Grant Agreement are reappropriated for use in a future
biennium, COMMERCE reserves the right to assign a reasonable share of any such
reappropriation for administrative costs.
15. OWNERSHIP OF PROJECT/CAPITAL FACILITIES
COMMERCE makes no claim to any real property improved or constructed with funds awarded under
this Grant Agreement and does not assert and will not acquire any ownership interest in or title to the
capital facilities and/or equipment constructed or purchased with state funds under this Grant
Agreement; provided, however, that COMMERCE may be granted a security interest in real
property to secure funds awarded under this Grant Agreement. This provision does not extend to
Claims that COMMERCE may bring against the GRANTEE in recapturing funds expended in violation
of this Grant Agreement.
16. CHANGE OF OWNERSHIP OR USE FOR GRANTEE -OWNED PROPERTY
A. The GRANTEE understands and agrees that any and all real property or facilities owned by the
GRANTEE that are acquired, constructed, or otherwise improved using state funds under this
Grant Agreement shall be held and used by the GRANTEE for the purpose or purposes stated
elsewhere in this Grant Agreement for the Commitment Period as defined in Special Terms and
Conditions Section 6(B).
B. This provision shall not be construed to prohibit the GRANTEE from selling any property or
properties described in this Section; provided, however, that any such sale shall be subject to
prior review and approval by COMMERCE and that all proceeds from such sale shall be applied
to the purchase price of a different facility or facilities of equal or greater value than the original
facility and that any such new facility or facilities will be used for the purpose or purposes stated
elsewhere in this Grant Agreement.
C. In the event the GRANTEE is found to be out of compliance with this Section, the GRANTEE
shall repay to the state general fund pursuant to General Terms and Conditions Section 34, the
principal amount of the funds disbursed under the Grant Agreement, along with interest at the
rate of the higher of: (i) five percent (5%) per annum, or (ii) the rate of interest of state of
Washington general obligation bonds issued on the date most close in time to the effective date
in which legislation authorized funding for the subject facility. Repayment shall be made pursuant
to General Terms and Conditions Section 27 (Recapture). This repayment is in addition to any
other remedies available at law or in equity.
17. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE
A. The GRANTEE understands and agrees that any and all real property or facilities leased by the
GRANTEE that are constructed, renovated, or otherwise improved using state funds under this
Grant Agreement shall be used by the GRANTEE for the purpose or purposes stated elsewhere
in this Grant Agreement for a period of the Commitment Period as defined in Special Terms and
Conditions Section 6(B).
B. In the event the GRANTEE is found to be out of compliance with this Section, the GRANTEE
shall repay to the state general fund pursuant to General Terms and Conditions Section 34, the
principal amount of the funds disbursed under the Grant Agreement, along with interest at the
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rate of the higher of: (i) five percent (5%) per annum, or (ii) the rate of interest of state of
Washington general obligation bonds issued on the date most close in time to the effective date
in which legislation authorized funding for the subject facility Repayment shall be made pursuant
to General Terms and Conditions Section 27 (Recapture). This repayment is in addition to any
other remedies available at law or in equity.
18. MODIFICATION TO THE PROJECT BUDGET
A. Notwithstanding any other provision of this Grant Agreement, the GRANTEE may, at its
discretion, make modifications to line items in Attachment B (Project Budget) that will not increase
the line item by more than 15%.
B. The GRANTEE shall notify COMMERCE in writing (by email or regular mail) when proposing any
budget modification or modifications to a line item in Attachment B (Project Budget) that would
increase the line item by more than 15%. Conversely, COMMERCE may initiate the budget
modification approval process if presented with a request for payment under this Grant
Agreement that would cause one or more budget line items to exceed the 15% threshold increase
described above.
C. Any such budget modification or modifications as described above shall require the written
approval of COMMERCE (by email or regular mail), and such written approval shall amend the
Project Budget. Each party to this Grant Agreement will retain and make any and all documents
related to such budget modifications a part of their respective Grant Agreement file.
D. Nothing in this Section shall be construed to permit an increase in the amount of funds available
for the Project, as set forth in Special Terms and Conditions Section 2 (Compensation) of this
Grant Agreement.
19. SIGNAGE, MARKERS AND PUBLICATIONS
A. Taxpayers of Washington State as participant in funding Project
If, during the period covered by this Grant Agreement, the GRANTEE displays or circulates any
communication, publication, or donor recognition identifying the financial participants in the
Project, any such communication or publication must identify "The Taxpayers of Washington
State" as a participant.
B. Ensure coordinated Climate Commitment Act branding.
If Climate Commitment Act funding is involved in this Grant Agreement, then the following
provisions apply to GRANTEE and its subgrantees/subcontractors including, without limitation,
any and all contractors, subgrantees/subcontractors, service providers, and others who assist
GRANTEE in implementing the Project in order to strengthen public awareness of how CCA
funding is used and to ensure consistent branding and funding acknowledgments:
i. Funding source acknowledgement. - The GRANTEE must display or circulate in any and all
communications including, without limitation, on websites and in announcements, press
releases, and publications used for media -related activities, publicity, and public outreach
that: "The is supported with funding from Washington's Climate Commitment Act. The CCA
supports Washington's climate action efforts by putting cap -and -invest dollars to work
reducing climate pollution, creating jobs, and improving public health. Information about the
CCA is available at www.climate.wa.gov."
ii. Include the "Climate Commitment Act" logo at climate.wa.qov/brandtoolkit, consistent with the
branding guidelines posted at climate.wa.qov/brandtoolkit for:
a. any Project website or webpage that includes logos from other funding partners;
and/or
b. any Project media or public information materials that include logos from other
funding partners; and/or
c. On -site signage, to the extent possible. By way of example only, this means that for
consumer -related projects or programs, a decal may be placed on front of installed
heat pump or a logo printed on a delivery tag.
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iii. The GRANTEE is responsible for ensuring that its subgrantees/subcontractors comply with
Section 19(B).
20. HISTORICAL AND CULTURAL ARTIFACTS
Prior to approval and disbursement of any funds awarded under this Grant Agreement, GRANTEE
shall cooperate with COMMERCE to complete the requirements of Governor's Executive Order 21-02
or GRANTEE shall complete a review under Section 106 of the National Historic Preservation Act, if
applicable. GRANTEE agrees that the GRANTEE is legally and financially responsible for compliance
with all laws, regulations, and agreements related to the preservation of historical or cultural
resources and agrees to hold harmless COMMERCE and the State of Washington in relation to any
claim related to such historical or cultural resources discovered, disturbed, or damaged as a result of
the Project funded by this Grant Agreement.
In addition to the requirements set forth in this Grant Agreement, GRANTEE shall, in accordance with
Governor's Executive Order 21-02 as applicable, coordinate with COMMERCE and the Washington
State Department of Archaeology and Historic Preservation (DAHP), including any recommended
consultation with any affected tribe(s), during Project design and prior to construction to determine the
existence of any tribal cultural resources affected by Project. GRANTEE agrees to avoid, minimize, or
mitigate impacts to the cultural resource as a continuing prerequisite to receipt of funds under this
Grant Agreement.
The GRANTEE agrees that, unless the GRANTEE is proceeding under an approved historical and
cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are
discovered during construction, the GRANTEE shall immediately stop construction and notify the
local historical preservation officer and the State's historical preservation officer at DAHP, and the
COMMERCE Representative identified on the Face Sheet. If human remains are uncovered, the
GRANTEE shall report the presence and location of the remains to the coroner and local enforcement
immediately, then contact DAHP and the concerned tribe's cultural staff or committee.
The GRANTEE shall require this provision to be contained in all subgrants/subcontracts for work or
services related to the Project described in Attachment A (Scope of Work).
In addition to the requirements set forth in this Grant Agreement, GRANTEE agrees to comply with
RCW 27.44 regarding Indian Graves and Records, RCW 27.53 regarding Archaeological Sites and
Resources, RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves, and
WAC 25-48 regarding Archaeological Excavation and Removal Permits.
Completion of the requirements of Section 106 of the National Historic Preservation Act shall
substitute for completion of Governor's Executive Order 21-02.
In the event that the GRANTEE finds it necessary to amend the Project described in Attachment A
(Scope of Work), the GRANTEE may be required to re -comply with Governor's Executive Order 21-
02 or Section 106 of the National Historic Preservation Act.
21. TERMINATION FOR FRAUD OR MISREPRESENTATION
In the event the GRANTEE commits fraud or makes any misrepresentation in connection with the
grant application or during the performance of this Grant Agreement, COMMERCE reserves the right
to terminate or amend this Grant Agreement accordingly, including the right to recapture all funds
disbursed to the GRANTEE under the Grant Agreement.
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22. FRAUD AND OTHER LOSS REPORTING
GRANTEE shall report in writing all known or suspected fraud or other loss of any funds or other
property furnished under this Grant Agreement immediately or as soon as practicable to the
COMMERCE Representative identified on the Face Sheet.
23. PUBLIC RECORDS ACT
Notwithstanding General Terms and Conditions Section 13 (Confidentiality/Safeguarding of
Information), COMMERCE is a public agency subject to the Public Records Act, RCW 42.56 (PRA).
Under the PRA, all materials relating to the conduct of government or the performance of any
governmental or proprietary function prepared, owned, used, or retained by COMMERCE or its
functional equivalents are considered public records. The PRA requires that public records
responsive to a public records request be promptly produced unless the PRA or an "other statute"
exempts such records from production. This Grant Agreement is not intended to alter COMMERCE's
obligations under the PRA. The parties agree that if COMMERCE receives a public records request
for files that may include confidential information under General Terms and Conditions Section 13
(Confidentiality/Safeguarding of Information), COMMERCE may notify the other party of the request
and of the date that the records will be released to the requester unless GRANTEE obtains a court
order enjoining disclosure. If the GRANTEE fails to obtain the court order enjoining disclosure,
COMMERCE may release the requested information on the date specified. If the GRANTEE obtains
a court order from a court of competent jurisdiction enjoining disclosure pursuant to the PRA,
COMMERCE shall maintain the confidentiality of the information per the court order.
24. APPLICABILITY OF COPYRIGHT PROVISIONS TO ARCHITECTURAL/ENGINEERING
DESIGN WORK
General Terms and Conditions Section 16 (Copyright Provisions) are not intended to apply to any
architectural and engineering design work funded by this Grant Agreement.
25. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. General Terms and
Conditions Section 47 (Treatment of Assets) is superseded by this provision.
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
1. DEFINITIONS
As used throughout this Grant Agreement, 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. "Claim" shall mean any and all claims, losses, costs, damage, expenses, liabilities, liens,
actions, causes of action (whether in tort or contract, law or equity, or otherwise), and
attorneys' fees and costs.
C. "COMMERCE" shall mean the Washington State Department of Commerce.
D. "Grant Agreement" shall mean the entire written agreement between COMMERCE and the
GRANTEE, including any attachments, exhibits, documents, or materials incorporated by
reference, and any amendments executed by the parties.
E. "GRANTEE" shall mean the entity identified on the Face Sheet performing service(s) under
this Grant Agreement and shall include all employees and agents of the GRANTEE.
F. "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.
G. "State" shall mean the State of Washington.
H. "Subgrantee/subcontractor" shall mean one not in the employment of the GRANTEE, who is
performing all or part of those services under this Grant Agreement under a separate
subcontract or subgrant with the GRANTEE. The term "subgrantee/subcontractor" refers to
any tier.
2. ACCESS TO DATA
In compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under
this Grant Agreement to COMMERCE, the Joint Legislative Audit and Review Committee, and the
Office of the State Auditor at no additional cost. This includes access to all information that supports
the findings, conclusions, and recommendations of the GRANTEE's reports, including computer
models and the methodology for those models.
3. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Grant
Agreement shall be made by COMMERCE.
4. ALL WRITINGS CONTAINED HEREIN
This Grant Agreement contains all the terms and conditions agreed upon by the parties. Such
amendments shall not be binding unless they are in writing and signed by personnel authorized to
bind each of the parties. No other understandings, oral or otherwise, regarding the subject matter
of this Grant Agreement shall be deemed to exist or to bind any of the parties hereto.
5. ALLOWABLE COSTS
Costs allowable under this Grant Agreement are actual expenditures according to an approved
budget up to the maximum amount stated on the Grant Agreement Award or Amendment Face
Sheet.
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6. AMENDMENTS
This Grant Agreement 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. No other understandings, oral or otherwise, regarding the subject matter of this Grant
Agreement shall be deemed to exist or to bind any of the parties hereto.
7. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO
REFERRED TO AS THE "ADA" 28 CFR PART 35
The GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
8. ASSIGNMENT
Neither this Grant Agreement nor any Claim arising under this Grant Agreement, shall be
transferred or assigned by the GRANTEE without prior written consent of COMMERCE.
9. ATTORNEYS' FEES
Unless expressly permitted under another provision of the Grant Agreement, in the event of
litigation or other action brought to enforce Grant Agreement terms, each party agrees to bear its
own attorneys' fees and costs.
10. AUDIT
A. General Requirements
COMMERCE reserves the right to require an audit. If required, GRANTEEs are to procure
audit services and provide documentation of the audit to COMMERCE based on the following
guidelines.
The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall
ensure that subgrantees/subcontractors also maintain auditable records.
The GRANTEE is responsible for any audit exceptions incurred by its own organization or
that of its subgrantees/subcontractors.
COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting
from the audit.
Responses to any unresolved management findings and disallowed or questioned costs shall
be included with the audit report. The GRANTEE must respond to COMMERCE requests for
information or corrective action concerning audit issues within 30 calendar days of the date of
request.
B. State Funds Requirements
In the event an audit is required, if the GRANTEE is a state or local government entity, the
Office of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be
conducted by a qualified certified public accountant.
The GRANTEE shall include the above audit requirements in any and all subgrants or
subcontracts.
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In any case, the GRANTEE's records must be available for review by COMMERCE at any
time during the Commitment Period as defined in Special Terms and Conditions Section 6(B).
C. Documentation Requirements
The GRANTEE must send a copy of the audit report described above no later than 9 months
after the end of the GRANTEE's fiscal year(s) by sending a scanned copy to
comacctoffice@commerce.wa.gov or a hard copy to:
Washington State Department of Commerce
ATTN: Audit Review and Resolution Office
1011 Plum Street SE
PO Box 42525
Olympia. WA 98504-2525
In addition to sending a copy of the audit, when applicable, the GRANTEE must include:
i. Corrective action plan for audit findings within three (3) months of the audit being
received by COMMERCE; and
ii. Copy of the Management Letter.
If the GRANTEE is required to obtain a single audit consistent with Circular A-133
requirements, a copy must be provided to COMMERCE; no other report is required.
11. BREACHES OF OTHER STATE CONTRACTS
GRANTEE is expected to comply with all other contracts and grant agreements executed between
GRANTEE and the State of Washington. A breach of any other contract or grant agreement entered
into between GRANTEE and the State of Washington may, in COMMERCE's sole discretion, be
deemed a breach of this Grant Agreement.
12. CODE REQUIREMENTS
All construction and rehabilitation projects must satisfy the requirements of applicable local, state,
and federal building, mechanical, plumbing, fire, energy and barrier -free codes. Compliance with
the Americans with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the
local building Department.
13. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this Section includes:
i. All material provided to the GRANTEE by COMMERCE that is designated as
"confidential" by COMMERCE; and
ii. All material produced by the GRANTEE that is designated as "confidential" by
COMMERCE; and
iii. All Personal Information in the possession of the GRANTEE that may not be disclosed
under state or federal law.
B. The GRANTEE shall comply with all state and federal laws related to the use, sharing,
transfer, sale, or disclosure of Confidential Information. The GRANTEE shall use Confidential
Information solely for the purposes of this Grant Agreement 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 GRANTEE 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 related state or federal laws. Upon request, the GRANTEE shall provide COMMERCE
with its policies and procedures on confidentiality. COMMERCE may require changes to such
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policies and procedures as they apply to this Grant Agreement whenever COMMERCE
reasonably determines that changes are necessary to prevent unauthorized disclosures. The
GRANTEE shall make the changes within the time period specified by COMMERCE. Upon
request, the GRANTEE shall immediately return to COMMERCE any Confidential Information
that COMMERCE reasonably determines has not been adequately protected by the
GRANTEE against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The GRANTEE shall notify COMMERCE within 5 working
days of GRANTEE's discovery 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.
14. CONFORMANCE
If any provision of this Grant Agreement violates any statute or rule of law of the State of
Washington, it is considered modified to conform to that statute or rule of law.
15. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE
may, in its sole discretion, by written notice to the GRANTEE terminate this Grant Agreement if it
is found after due notice and examination by COMMERCE that there is a violation of the Ethics in
Public Service Act, RCW 42.52 and RCW 42.23, or any similar statute involving the GRANTEE in
the procurement of, or performance under, this Grant Agreement.
Specific restrictions apply to contracting with current or former state employees pursuant to RCW
42.52. The GRANTEE and all subgrantees/subcontractors (if any) must identify any person
employed in any capacity by the State of Washington that worked on this Grant Agreement, or any
matter related to the Project funded under this Grant Agreement or any other state funded project,
including, but not limited to, formulating or drafting legislation, participating in grant procurement,
planning and execution, awarding grants, or monitoring grants, during the 24 month period
preceding the start date of this Grant Agreement. Any person identified by the GRANTEE and their
subgrantees/subcontractors (if any) must be identified individually by name, the agency previously
or currently employed by, job title or position held, and separation date. If it is determined by
COMMERCE that a conflict of interest exists, the GRANTEE may be disqualified from further
consideration for the award of a grant.
In the event this Grant Agreement is terminated as provided above, COMMERCE shall be entitled
to pursue the same remedies against the GRANTEE as it could pursue in the event of a breach of
the Grant Agreement by the GRANTEE. The rights and remedies of COMMERCE provided for in
this clause shall not be exclusive and are in addition to any other rights and remedies provided by
law. The existence of facts upon which COMMERCE makes any determination under this clause
shall be an issue and may be reviewed as provided in Section 18 General Terms and Conditions
(Disputes) of this Grant Agreement.
16. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Grant Agreement 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 that the Materials are
not considered "works for hire" under the U.S. Copyright laws, the GRANTEE 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, and
register as well as the ability to transfer these rights.
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For Materials that are delivered under the Grant Agreement, but that incorporate pre-existing
materials not produced under the Grant Agreement, the GRANTEE 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 GRANTEE warrants and represents that the GRANTEE has all rights and permissions,
including intellectual property rights, moral rights, and rights of publicity, necessary to grant such a
license to COMMERCE.
The GRANTEE shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Grant Agreement, 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 Grant Agreement. The GRANTEE shall provide COMMERCE with prompt written notice of
each notice or claim of infringement received by the GRANTEE with respect to any Materials
delivered under this Grant Agreement. COMMERCE shall have the right to modify or remove any
restrictive markings placed upon the Materials by the GRANTEE.
17. DISALLOWED COSTS
The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subgrantees/subcontractors.
18. DISPUTES
Except as otherwise provided in this Grant Agreement, when a dispute arises between the parties
and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the
Director of COMMERCE, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
i. be in writing;
H. state the disputed issues;
iii. state the relative positions of the parties;
iv. state the GRANTEE's name, address, and Grant Agreement number; and
v. be mailed to the Director and the other party's (respondent's) Grant Agreement
Representative within 3 working days after the parties agree that they cannot resolve the
dispute.
The respondent shall send a written answer to the requestor's statement to both the Director or the
Director's designee and the requestor within 5 working days.
The Director or designee shall review the written statements and reply in writing to both parties
within 10 working days. The Director or designee may extend this period if necessary by notifying
the parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this Grant Agreement shall be construed to limit the parties' choice of a mutually
acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure
outlined above.
19. DUPLICATE PAYMENT
COMMERCE shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State
of Washington or any other party under any other grant, subgrant/subcontract, contract, or
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agreement, for the same services or expenses. The GRANTEE certifies that work to be performed
under this Grant Agreement does not duplicate any work to be charged against any other grant,
subgrant/subcontract, contract, or agreement.
20. GOVERNING LAW AND VENUE
This Grant Agreement shall be construed and interpreted in accordance with the laws of the State
of Washington, and the venue of any action brought shall be in the Superior Court for Thurston
County.
21. INDEMNIFICATION
To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless
the State of Washington, COMMERCE, agencies of the State, and all officials, agents, employees,
and representatives of the State, from and against all Claims for injuries or death arising out of or
resulting from the performance of the Grant Agreement.
The GRANTEE'S obligation to indemnify, defend, and hold harmless includes any Claim by any
and all of GRANTEE'S agents, employees, representatives, and/or subgrantee(s)/subcontractor(s)
(and their agents, employees, and representatives, to the extent that GRANTEE is using any
subgrantee/subcontractor for the Project).
The GRANTEE'S obligations shall not include such Claims that may be caused by the sole
negligence of the State and its agencies, officials, agents, and/or employees. If the Claims or
damages are caused by or result from the concurrent negligence of (a) the State, its agents, and/or
employees and (b) the GRANTEE, its subgrantees/subcontractors, agents, and/or employees, this
indemnity provision shall be valid and enforceable only to the extent of the negligence of the
GRANTEE (and/or its subgrantees/subcontractors) and their agents, officers, representatives,
and/or employees.
The GRANTEE waives its immunity under RCW 51 to the extent it is required to indemnify, defend,
and hold harmless the State and its agencies, officers, agents, and/or employees.
22. INDEPENDENT CAPACITY OF THE GRANTEE
The parties intend that an independent contractor relationship will be created by this Grant
Agreement. The GRANTEE and its employees, officers, representatives, and/or agents performing
under this Grant Agreement are not employees or agents of the State of Washington or
COMMERCE. The GRANTEE will not hold itself out as or claim to be an officer or employee of
COMMERCE or of the State of Washington by reason hereof, nor will the GRANTEE make any
claim of right, privilege, or benefit which would accrue to such officer or employee under law.
Conduct and control of the work associated with the Project will be solely with the GRANTEE.
23. INDUSTRIAL INSURANCE COVERAGE
The GRANTEE shall comply with all applicable provisions of RCW 51 (Industrial Insurance). If the
GRANTEE fails to provide industrial insurance coverage or fails to pay premiums or penalties on
behalf of its employees as may be required by law, COMMERCE may collect from the GRANTEE
the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the
amount owed by the GRANTEE to the accident fund from the amount payable to the GRANTEE
by COMMERCE under this Grant Agreement and transmit the deducted amount to the Department
of Labor and Industries (L&I) Division of Insurance Services. This provision does not waive any of
L&I's rights to collect from the GRANTEE.
24. LAWS
The GRANTEE shall comply with all applicable laws, ordinances, codes, regulations, and policies
of local and state and federal governments, as now or hereafter amended.
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25. LICENSING, ACCREDITATION, AND REGISTRATION
The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation,
and registration requirements or standards necessary for the performance of this Grant Agreement.
26. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative's delegate by writing (delegation
to be made prior to action) shall have the express, implied, or apparent authority to enter, alter,
amend, modify, or waive any clause or condition of this Grant Agreement. Furthermore, any
alteration, amendment, modification, or waiver of any clause or condition of this Grant Agreement
is not effective or binding unless made in writing and signed by the Authorized Representative.
27. LOCAL PUBLIC TRANSPORTATION COORDINATION
Where applicable, GRANTEE shall participate in local public transportation forums and implement
strategies designed to ensure access to services.
28. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
A. During the performance of this Grant Agreement, the GRANTEE, including any
subgrantee/subcontractor, shall comply with all federal, state, and local nondiscrimination
laws, regulations, and policies including, but not be limited to, not discriminate on the bases
enumerated at RCW 49.60.530(3). In addition, GRANTEE, including any subcontractor, shall
give written notice of this nondiscrimination requirement to any labor organizations with which
GRANTEE, or subgrantee/subcontractor, has a collective bargaining or other agreement. The
funds provided under this Grant Agreement shall not be used to fund religious worship,
exercise, or instruction. No person shall be required to participate in any religious worship,
exercise, or instruction in order to have access to the facilities funded by this Grant
Agreement.
B. Obligation to Cooperate. GRANTEE, including any subcontractor, shall cooperate and
comply with any Washington state agency investigation regarding any allegation that
GRANTEE, including any subgrantee/subcontractor, has engaged in discrimination prohibited
by this Agreement pursuant to RCW 49.60.530(3).
C. Default. Notwithstanding any provision to the contrary, COMMERCE may suspend
GRANTEE, including any subgrantee/subcontractor, upon notice of a failure to participate
and cooperate with any state agency investigation into alleged discrimination prohibited by
this Contract, pursuant to RCW 49.60.530(3). Any such suspension will remain in place until
COMMERCE receives notification that GRANTEE, including any subgrantee/subcontractor, is
cooperating with the investigating state agency. In the event GRANTEE, or
subgrantee/subcontractor, is determined to have engaged in discrimination identified at RCW
49.60.530(3), COMMERCE may terminate this Agreement in whole or in part, and
GRANTEE, subgrantee/subcontractor, or both, may be referred for debarment as provided in
RCW 39.26.200. GRANTEE or subgrantee/subcontractor may be given a reasonable time in
which to cure this noncompliance, including implementing conditions consistent with any
court -ordered injunctive relief or settlement agreement.
29. PAY EQUITY
The GRANTEE agrees to ensure that "similarly employed" individuals in its workforce are
compensated as equals, consistent with the following:
A. Employees are "similarly employed" if the individuals work for the same employer, the
performance of the job requires comparable skill, effort, and responsibility, and the jobs
are performed under similar working conditions. Job titles alone are not determinative of
whether employees are similarly employed;
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B. GRANTEE may allow differentials in compensation for its workers if the differentials are
based in good faith and on any of the following:
i. A seniority system; a merit system; a system that measures earnings by quantity or
quality of production; a bona fide job -related factor or factors; or a bona fide regional
difference in compensation levels; and/or
ii. A bona fide job -related factor or factors may include, but not be limited to, education,
training, or experience that is: Consistent with business necessity; not based on or
derived from a gender -based differential; and accounts for the entire differential;
and/or
iii. A bona fide regional difference in compensation level must be: Consistent with
business necessity; not based on or derived from a gender -based differential; and
account for the entire differential.
This Grant Agreement may be terminated by COMMERCE, if COMMERCE or the Department of
Enterprise Services determines that the GRANTEE is not in compliance with this Section.
30. POLITICAL ACTIVITIES
Political activity of GRANTEE employees and officers are limited by the Campaign Disclosure and
Contribution provisions of RCW 42.17a and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of
any person for public office.
31. PREVAILING WAGE LAW
The GRANTEE certifies that all subgrantees/subcontractors performing work on the Project shall
comply with State Prevailing Wages on Public Works, RCW 39.12, as applicable to the Project
funded by this Grant Agreement, including, but not limited to, the filing of the "Statement of Intent
to Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The
GRANTEE shall maintain records sufficient to evidence compliance with RCW 39.12 and shall
make such records available for COMMERCE's review upon request. The GRANTEE is advised to
consult the Industrial Statistician at the Washington Department of Labor and Industries to
determine whether prevailing wages must be paid. COMMERCE is not responsible for determining
whether prevailing wage applies to this Project or for any prevailing wage payments that may be
required by law.
32. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The funds provided under this Grant Agreement shall not be used in payment of any bonus or
commission for the purpose of obtaining approval of the application for such funds or any other
approval or concurrence under this Grant Agreement provided, however, that reasonable fees or
bona fide technical consultant, managerial, or other such services, other than actual solicitation,
are not hereby prohibited if otherwise eligible as Project costs.
33. PUBLICITY
The GRANTEE agrees not to publish or use any advertising or publicity materials in which the State
of Washington or COMMERCE's name is mentioned, or language used from which the connection
with the State of Washington's or COMMERCE's name may reasonably be inferred or implied,
without the prior written consent of COMMERCE.
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34. RECAPTURE
In the event that the GRANTEE fails to perform this Grant Agreement in accordance with state or
federal laws, and/or the provisions of this Grant Agreement, COMMERCE reserves the right to
recapture funds in an amount to compensate COMMERCE for the noncompliance (which may
include all funds disbursed under the Grant Agreement, along with interest at the rate of the higher
of: (i) five percent (5%) per annum, or (ii) the rate of interest of state of Washington general
obligation bonds issued on the date most close in time to the effective date in which legislation
authorized funding for the subject facility) in addition to any other remedies available at law or in
equity.
COMMERCE's ability to recapture or seek remedies shall survive any receipt of a Closeout
Certification Form or termination of this Grant Agreement.
Repayment by the GRANTEE of funds under this Section shall occur within the time period
specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from
payments due under this Grant Agreement.
35. RECORDS MAINTENANCE
The GRANTEE shall maintain books, records, documents, data, and other evidence relating to this
Grant Agreement 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 Grant Agreement.
GRANTEE shall retain such records for a period of 6 years following the date of final payment. At
no additional cost, these records, including materials generated under the Grant Agreement, 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 6 year period, the records shall
be retained until all litigation, Claims, or audit findings involving the records have been resolved.
36. REGISTRATION WITH DEPARTMENT OF REVENUE AND SECRETARY OF STATE
If required by law, the GRANTEE shall complete registration with the Washington State Department
of Revenue and current with all required filings. Nonprofit and for -profit businesses must also be
registered with the Washington Secretary of State.
37. RIGHT OF INSPECTION
At no additional cost, the GRANTEE shall provide right of access to its facilities to COMMERCE,
or any of its officers, or to any other authorized agent or official of the State of Washington or the
federal government, at all reasonable times, in order to monitor and evaluate performance,
compliance, and/or quality assurance under this Grant Agreement. At no additional cost, the
GRANTEE shall also provide any documents related to this Grant Agreement to COMMERCE upon
request to assist COMMERCE in the periodic monitoring of this Grant Agreement.
38. 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 Grant Agreement and prior to normal completion, COMMERCE
may terminate the Grant Agreement under the "Termination for Convenience" clause, without the
10 calendar day notice requirement. In lieu of termination, the Grant Agreement may be amended
to reflect the new funding limitations and conditions.
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39. SEVERABILITY
The provisions of this Grant Agreement are intended to be severable. If any term or provision is
illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of
the remainder of the Grant Agreement.
40. SITE SECURITY
While on COMMERCE premises, GRANTEE, its agents, employees, and/or
subgrantees/subcontractors shall conform in all respects with physical, fire, and other security
policies or regulations.
41. SUBGRANTING/SUBCONTRACTING
A. GRANTEE must execute binding agreements with all subgrantees/subcontractors that will
perform work under this Grant Agreement.
B. GRANTEE must ensure that any and all subgrantees/subcontractors that perform work
related to this Project are duly authorized and licensed in Washington State to perform the
work contemplated by this Grant Agreement.
C. Neither the GRANTEE nor any subgrantee/subcontractor shall enter into
subgrants/subcontracts for any of the work associated with the Project contemplated under
this Grant Agreement without obtaining prior written approval of COMMERCE. In no event
shall the existence of the subgrant/subcontract operate to release or reduce the liability of the
GRANTEE to COMMERCE for any breach in the performance of the GRANTEE's duties.
This clause does not include grants of employment between the GRANTEE and personnel
assigned to perform work associated with the Project under this Grant Agreement.
D. Additionally, the GRANTEE is responsible for ensuring that all terms, conditions,
assurances, and certifications set forth in this Grant Agreement are carried forward to any
subgrants/subcontracts. Every subgrant/subcontract shall include a term that COMMERCE
and the State of Washington are not liable for Claims or damages arising from a
subgrantee's/subcontractor's performance of the subgrant/subcontract. GRANTEE and its
subgrantees/subcontractors agree not to release, divulge, publish, transfer, sell or otherwise
make known to unauthorized persons personal information without the express written
consent of COMMERCE or as provided by law.
E. Data Collection - GRANTEE 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 Grant
Agreement performed by subgrantees/subcontractors and the portion of grant funds
expended for work performed by subgrantees/subcontractors, including, but not necessarily
limited to, minority -owned, woman -owned, and veteran -owned business
subcontractors. "Subgrantees/subcontractors" shall mean subgrantees/subcontractors of any
tier.
42. SURVIVAL
The terms, conditions, and warranties contained in this Grant Agreement that by their sense and
context are intended to survive the completion of the performance, cancellation, or termination of
this Grant Agreement shall so survive including, without limitation, any Recapture provision in this
Grant Agreement.
43. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the GRANTEE's
income or gross receipts, and/or any other taxes, insurance, or expenses for the GRANTEE or its
staff shall be the sole responsibility of the GRANTEE.
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44. TERMINATION FOR CAUSE
In the event COMMERCE determines the GRANTEE has failed to comply with the conditions of
this Grant Agreement in a timely manner, COMMERCE has the right to suspend or terminate this
Grant Agreement. Before suspending or terminating the Grant Agreement, COMMERCE shall
notify the GRANTEE in writing of the need to take corrective action. If corrective action is not taken
within 30 calendar days, the Grant Agreement may be terminated or suspended.
In the event of termination or suspension, the GRANTEE shall be liable for damages as authorized
by law including, but not limited to, any cost difference between the original Grant Agreement and
the replacement or cover Grant Agreement and all administrative costs directly related to the
replacement Grant Agreement (e.g., cost of the competitive bidding, mailing, advertising and staff
time).
COMMERCE reserves the right to suspend all or part of the Grant Agreement, withhold further
payments, or prohibit the GRANTEE from incurring additional obligations of funds during
investigation of the alleged compliance breach and pending corrective action by the GRANTEE or
a decision by COMMERCE to terminate the Grant Agreement. A termination shall be deemed a
"Termination for Convenience" under General Terms and Conditions Section 45 (Termination for
Convenience) if it is determined that the GRANTEE: (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 Grant Agreement are not exclusive and
are in addition to any other rights and remedies provided by law.
45. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Grant Agreement, COMMERCE may, by 10 business days
written notice, beginning on the second day after the mailing, terminate this Grant Agreement, in
whole or in part. If this Grant Agreement is so terminated, COMMERCE shall be liable only for
payment required under the terms of this Grant Agreement for services rendered or goods delivered
prior to the effective date of termination.
46. TERMINATION PROCEDURES
Upon termination of this Grant Agreement, COMMERCE, in addition to any other rights provided
in this Grant Agreement, may require the GRANTEE to deliver to COMMERCE any property
specifically produced or acquired for the performance of such part of this Grant Agreement as has
been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property
transfer.
COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE 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 Grant Agreement. COMMERCE may withhold from any amounts due the GRANTEE
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 Grant Agreement.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the GRANTEE shall:
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1) Stop work under the Grant Agreement on the date, and to the extent specified, in the notice;
2) Place no further orders or subgrants/subcontracts for materials, services, or facilities except
as may be necessary for completion of such portion of the work under the Grant Agreement
that is not terminated;
3) 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 GRANTEE under the
orders and subgrants/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 subgrants/subcontracts;
4) Settle all outstanding liabilities and all Claims arising out of such termination of orders and
subgrants/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;
5) 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 Grant Agreement had
been completed, would have been required to be furnished to COMMERCE;
6) Complete performance of such part of the work associated with the Project as shall not have
been terminated by the Authorized Representative; and
7) 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 Grant Agreement, which is in
the possession of the GRANTEE and in which COMMERCE has or may acquire an interest.
47. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the GRANTEE, for the cost of which the GRANTEE is entitled to be reimbursed as a
direct item of cost under this Grant Agreement, shall pass to and vest in COMMERCE upon delivery
of such property by the GRANTEE. Title to other property, the cost of which is reimbursable to the
GRANTEE under this Grant Agreement, shall pass to and vest in COMMERCE upon (i) issuance
for use of such property in the performance of this Grant Agreement, or (ii) commencement of use
of such property in the performance of this Grant Agreement, 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 GRANTEE shall, unless otherwise provided
herein or approved by COMMERCE, be used only for the performance of this Grant Agreement.
B. The GRANTEE shall be responsible for any loss or damage to property of COMMERCE that
results from the negligence of the GRANTEE or which results from the failure on the part of the
GRANTEE to maintain and administer that property in accordance with sound management
practices.
C. If any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately
notify COMMERCE and shall take all reasonable steps to protect the property from further
damage.
D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this Grant Agreement
All reference to the GRANTEE under this clause shall also include GRANTEE'S employees, agents
or subgrantees/subcontractors.
48. 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 Grant Agreement
unless stated to be such in writing and signed by Authorized Representative of COMMERCE.
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Docusign Envelope ID: 2EDF68CC-97FB-4761-B201-3CA16301596D
ATTACHMENT A - SCOPE OF WORK
Funds awarded under this grant shall be used by City of Tukwila toward the Tukwila Community Center
HVAC Replacement Phase 1 Project located at 12424 42nd Ave S, Tukwila, WA 98188.
This Project will include, but not be limited to, HVAC replacement, renovation, design, and capitalized
equipment activities such as replacement of the on -site boiler and the controls system for the full HVAC
system to allow for optimal heating resources during the winter season and as needed throughout the year.
This Project will serve as a benefit to the public by providing a stable and fully functional heating system for
this community center that offers several activities for youth, adults, and seniors in the community including
recreation and fitness programs, wellness programs, a preschool, rentable meeting rooms and banquet
space, and as a potential emergency weather shelter.
This Project is anticipated to be completed by July 30, 2025.
Costs related to the work associated with the Project will only be reimbursed to the extent the work is
determined by Commerce to be within the scope of the legislative appropriation.
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that the Scope of Work set forth above has been reviewed and
approved by the GRANTEE's governing body as of the date and year written below.
GRANTEE
Mayor
TITLE
DATE
204
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ATTACHMENT B - PROJECT BUDGET
Line Item
Funding Amount
Acquisition
$0.00
Architecture & Engineering
$181,401.00
Construction
$1,270,068.00
Capitalized Equipment
$283,950.00
Total Project Budget
$1,735,419.00
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that the Project Budget set forth above has been reviewed and
approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year
written below.
GRANTEE
Mayor
TITLE
DATE
29
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Docusign Envelope ID: 2EDF68CC-97FB-4761-B201-3CA16301596D
ATTACHMENT C - CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE
PROJECT
Non -State Fund Sources
Amount
King County Grant
$500,000.00
City of Tukwila Local Funds
$485,609.00
Total Non -State Funds
$985,609.00
State Funds
Amount
State Capital Budget
$499,550.00
Commerce CCF Grant #24-96647-296
$499,550.00
Total Non -State and State Sources
$1,735,419.00
Holdback:
0%
$0.00
Project Reimbursement Rate
100%
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that Project funding from sources other than those provided by
this Grant Agreement and identified above has been reviewed and approved by the GRANTEE's
governing body or board of directors, as applicable, and has either been expended for eligible Project
expenses, or is committed in writing and available and will remain committed and available solely and
specifically for carrying out the purposes of this Project as described in elsewhere in this Grant
Agreement, as of the date and year written below. The GRANTEE shall maintain records sufficient to
evidence that it has expended or has access to the funds needed to complete the Project and shall make
such records available for COMMERCE's review upon reasonable request.
GRANTEE
Mayor
TITLE
DATE
206
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ATTACHMENT D - CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that all contractors and subgrantees/subcontractors performing
work on the Project shall comply with prevailing wage laws set forth in RCW 39.12, as applicable on the
date the Project appropriation becomes effective, including but not limited to the filing of the "Statement of
Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The
GRANTEE shall maintain records sufficient to evidence compliance with RCW 39.12 and shall make such
records available for COMMERCE's review upon request.
If any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing
Wages must be paid.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE's governing body as of the date and year written below.
GRANTEE
Mayor
TITLE
DATE
31
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ATTACHMENT E - CERTIFICATION OF INTENT TO ENTER THE LEADERSHIP IN ENERGY AND
ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that it will enter into the Leadership in Energy and
Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to the Project
funded by this Grant Agreement. The GRANTEE shall, upon receipt of LEED certification by the United
States Green Building Council, provide documentation of such certification to COMMERCE.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year
written below.
NOT APPLICABLE
GRANTEE
TITLE
DATE
208
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Community Capital Facilities Routing List
Name & Title
Signature
Date
Erin Lalonde
Budget Analyst Review & Approval
,-DocuSignedby.
frit& WAAL
—3FFF0A48B8F04A0...
2/27/2025
I
Addeline Craig
Managing Director Review & Approval
Tony Hanson
Deputy Director Final Review & Approval
:56 AM PST
209
docusign.
Certificate Of Completion
Envelope Id: 2EDF68CC-97FB-4761-B201-3CA16301596D
Subject: Please DocuSign: S24296 Tukwila HVAC Replacement Contract
Division:
Local Government
Program: CCF
ContractNumber: 24-96647-296
DocumentType: Contract
Source Envelope:
Document Pages: 34 Signatures: 1
Certificate Pages: 5 Initials: 0
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Status: Sent
Envelope Originator:
Pat Hughes
1011 Plum Street SE
MS 42525
Olympia, WA 98504-2525
pat.hughes@commerce.wa.gov
IP Address: 198.239.10.165
Record Tracking
Status: Original
2/27/2025 8:49:18 AM
Security Appliance Status: Connected
Storage Appliance Status: Connected
Holder: Pat Hughes
pat.hughes@commerce.wa.gov
Pool: StateLocal
Pool: Washington State Department of Commerce
Location: DocuSign
Location: Docusign
Signer Events
Signature
Timestamp
Erin LaLonde
erin.lalonde@commerce.wa.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Tom McLeod
mayor@tukwilawa.gov
Mayor
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 2/27/2025 10:05:14 AM
ID: d319bef8-8bc5-425c-9089-b17b18130657
Addeline Craig
addeline.craig@commerce.wa.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Tony Hanson
tony.hanson@commerce.wa.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
p-DocuSigned by:
tvita (Atotn,f.t,
'-3FFF0A48B8F04A0...
Signature Adoption: Pre -selected Style
Using IP Address: 198.239.106.217
Sent: 2/27/2025 8:53:07 AM
Viewed: 2/27/2025 8:56:12 AM
Signed: 2/27/2025 8:56:56 AM
Sent: 2/27/2025 8:56:58 AM
Viewed: 2/27/2025 10:05:14 AM
210
Signer Events Signature Timestamp
Mark Barkley
mark.barkley@commerce.wa.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Pat Hughes
pat.hughes@commerce.wa.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Carbon Copy Events Status Timestamp
Pat Hughes
pat.hughes@commerce.wa.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
David Rosen
david.rosen@tukwilawa.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 8/16/2024 9:15:56 AM
ID: efab21a4-9ecf-4c13-af7a-dde90f8d26b0
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 2/27/2025 8:53:07 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
211
Electronic Record and Signature Disclosure created on: 8/11/2020 4:44:12 PM
Parties agreed to: Tom McLeod, David Rosen
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Washington State Department of Commerce (we, us or Company) may be
required by law to provide to you certain written notices or disclosures. Described below are the
terms and conditions for providing to you such notices and disclosures electronically through the
DocuSign system. Please read the information below carefully and thoroughly, and if you can
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Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
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send you paper copies of any such documents from our office to you, you will be charged a
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If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
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Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
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receive required notices and consents electronically from us or to sign electronically documents
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All notices and disclosures will be sent to you electronically
212
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
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the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
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electronically from us.
How to contact Washington State Department of Commerce:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: docusign@commerce.wa.gov
To advise Washington State Department of Commerce of your new email address
To let us know of a change in your email address where we should send notices and disclosures
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To request paper copies from Washington State Department of Commerce
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to docusign@commerce.wa.gov and in
the body of such request you must state your email address, full name, mailing address, and
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To withdraw your consent with Washington State Department of Commerce
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
213
i. decline to sign a document from within your signing session, and on the subsequent page,
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214
... ,_ Tukwila Community
Center
- HVAC Upgrades
Project # 2024 269 A(1)
ENERGY SERVICES PROPOSAL
TUKWILA, WA
JUNE 4, 2024
For the Life of
Your Building
215
Project Contacts
AREA OF
RESPONSIBILITY
NAME
CONTACT NUMBER
EMAIL
Primary Client Contact
Peter M. Mayer
206-767-2305
pete.mayer@tukwilawa.gov
Client Contact
Hari Ponnekanti
206-431-2455
hari.ponnekanti@tukwilawa.gov
Client Contact
Henry Ancira
206-433-7152
henry.ancira@tukwilawa.gov
WA DES Representative
Bei Zhang
360-701-8431
bei.zhang@des.wa.gov
Account Executive
Shelby Hinkle
206-658-4389
shelbyh@mckinstry.com
Program Manager
Heramb Amonkar
206-832-8765
heramba@mckinstry.com
Energy Engineer
Marina Safonov
206-785-9917
marinas@mckinstry.com
CONFIDENTIAL & PROPRIETARY l TUKWILA COMMUNITY CENTER
216
Contents
SECTION 1. EXECUTIVE SUMMARY 05
1.1 Overview
1.2 Current Situation
1.3 Solutions
1.4 Summary of Benefits
1.5 McKinstry Differentiators
SECTION 2. SCOPE OF WORK 07
2.1 Facility Improvement Measure (FIM) List
2.2 McKinstry Services
2.3 Extent of Subcontracting
2.4 Project Schedule
Detailed Scope of Work
Waste Recycling and Disposal Plan
SECTION 3. ENERGY SAVINGS GUARANTEE 61
3.1 Guarantee Overview
3.2 FIM Specific Performance Assurance Methodology
3.3 Utility Rates
3.4 Standards of Comfort Service
3.5 Ongoing Owner Responsibilities
3.6 Non -Performance
3.7 Change of Use
Energy Savings Tables
TABLE 3.1 - ENERGY SAVINGS SUMMARY
TABLE 3.2 - MEASUREMENT AND VERIFICATION (M&V) PLAN OUTLINE
TABLE 3.3 - BASE UTILITY RATES
SECTION 4. PROJECT FINANCIALS 68
4.1 Maximum Project Allowable Cost
4.2 Project Cost Table
4.3 Items Included in Maximum Project Cost
4.4 Construction Contingency
4.5 Allowances
4.6 Ongoing Services
4.7 Accounting Records
4.8 Reconciliation of Labor & Material Costs
4.9 Compensation
4.10 Financing
4.11 Termination Value
4.12 Terms of Agreement
4.13 Insurance & Bonding
4.14 Diverse Business Participation Goals for this Project
CONFIDENTIAL & PROPRIETARY I TUKWILA COMMUNITY CENTER
217
Contents
4.15 Apprenticeship
4.16 Cost Effectiveness Criteria
4.17 Direct Purchase Equipment Warranty Cost
Financial tables
TABLE 4.1 - BUDGET SUMMARY
TABLE 4.2 - FACILITY IMPROVEMENT MEASURE (FIM) SUMMARY
SECTION 5. INVESTMENT GRADE AUDIT REPORT SEPARATE FILE
5.1 Purpose and Organization
5.2 Existing Facility Description
5.3 Facility Improvement Measures - Calculations
5.4 Facility Improvement Measures - Additional Scope Documents
5.5 FIMs Considered But Not Used
5.6 Utility Data
Please note that this response provides the basic economic terms on which McKinstry would be willing to perform the scope of services outlined here. This
response does not cover all of the terms and conditions relevant to a definitive agreement about these services. Nothing in this response approves legal terms
such as warranties, indemnification, insurance requirements, and limitations of liability, even if those terms were included in the request for proposal. The details
of those terms must be negotiated by the parties and set forth in a definitive agreement with respect to McKinstry's services.
CONFIDENTIAL & PROPRIETARY I TUKWILA COMMUNITY CENTER
218
1. Executive Summary
i
OUTCOME SNAPSHOT
This project represents an excellent
opportunity to significantly
improve facilities while saving
energy and trimming utility
spending. McKinstry looks forward
to making this project a success.
McKinstry estimates these savings
if proposed facility improvement
measures (FIMs) are installed:
0
$26,386
Utility cost
savings/year
$2,500
Operations &
maintenance
costs/year
84.815
Guaranteed
kWh/year
13,946
Guaranteed
Therms/year
Carbon dioxide emissions
reductions would equal:
0
0
35
Acres of trees
planted
278,739
lbs. CO2/year
1.1 Overview
Through the Washington State Department of Enterprise Services (DES) Energy
Savings Performance Contracting (ESPC) program, McKinstry has completed an
extensive study and investigation of energy upgrades for The City of Tukwila. Our
Energy Services Proposal presents a holistic project solution for improving the
overall facility efficiency and operation. Our proposed solutions will result in
lower utility use and cost along with improved building system performance and
occupant productivity. For additional information on the project, reference the
Investment Grade Audit Report, original version dated 05/03/2024 (final version
in progress).
1.2 Current Situation
CHALLENGES
The Tukwila Community center is primarily served by units that are nearing the
end of their useful life. The existing controls systems are not fully functional and
difficult to operate.
GOALS
The customer hopes to replace the aging HVAC system in the Tukwila Community
Center building with more efficient and environmentally friendly equipment. The
primary goals are to shift towards systems that comply with energy codes as well
as meet pricing and comfort needs.
1.3 Solutions
This project includes:
FIM # 01.01-TCC — Full Building Controls and Boiler Plant Upgrades
This measure will upgrade the boiler plant with new high efficiency condensing
boilers and new pumps with variable speed operation. The controls system for the
full building will be upgraded to a new BACNet based system. No other major
facility equipment to be upgraded for this phase of work.
1.4 Summary of Benefits
FINANCIAL BENEFITS
Section 4 of this document provides a detailed look at the project financials. The
guaranteed maximum project allowable cost is $1,521,887. Including sales tax and
DES management fees and prior to any utility incentives, the final project cost is
$1,735,419. The annual energy savings are $26,386. Operational and maintenance
savings have been included in the cash flows as agreed to by the DES energy
project manager and The City of Tukwila - these projections are based on reduced
repair costs and future avoided capital expenditures and represent $2,500 in
annual savings. Total first -year savings are estimated at $28,886. The estimated
utility rebates for the project are $44,000.
CONFIDENTIAL & PROPRIETARY I TUKWILA COMMUNITY CENTER
219
1. Executive Summary
COMPANY AT -A -GLANCE
• Established 1960
• Over 1,700 employees
• 23 offices
• 55+ Professional Engineers
• 80+ LEED Accredited Professionals
MCKINSTRY EXPERIENCE
Customer utility
$20 million savings
guaranteed
Grants &
$100 million rebates secured
for clients
Kilowatt hours
636 million saved
453 Metric tons of
thousand CO2 saved
Gas Therms
91 million saved
CO2 emission reductions resulting
from McKinstry projects have
environmental impacts equal to:
Forest acres
3,167 acne saved from
destruction
Gallons of gas
51.5 million not used
83+ Cars taken off
thousand the road
40+ Homes taken off
thousand the power grid
This project meets the cost effectiveness criteria as indicated in the Investment
Grade Audit proposal dated 05/03/2024 and described in Section 4.16.
ENVIRONMENTAL BENEFITS
By taking the necessary steps to reduce energy consumption through the
implementation of the various facility improvement measures detailed in this
report, The City of Tukwila will attain the savings outlined in the outcome
snapshot on the left. This is equivalent to:
•12 average -sized homes being removed from the power grid; or
•19,357 light bulbs (13.5 Watt LED) not energized; or
•472,439 miles not driven per year by an average size vehicle.
NEXT STEPS
ESP approval by the City followed with Notice to Proceed and contract
processing request.
Refer to detailed schedule and key milestones in Section 2.
1.5 McKinstry Differentiators
COMPANY OVERVIEW
McKinstry has over 50 years of experience assessing and improving facilities in
the Pacific Northwest. With more than 1,500 successful energy and facility
improvement projects completed in the past 15 years, McKinstry has the
expertise to offer comprehensive solutions to The City of Tukwila. McKinstry is
more than just another energy services company, we believe in serving as your
trusted advisor "For the Life of Your Building."
MCKINSTRY APPROACH ADVANTAGES
•Vendor- and product -neutral for truly consultative role
•Transparent pricing
•Total cost of ownership consideration
•No "shared savings" model
220
CONFIDENTIAL & PROPRIETARY I TUKWILA COMMUNITY CENTER
2. Scope of Work
2.1 Facility Improvement Measure (FIM) List
For full descriptions of the scope of work of each measure, please refer to Section 2 - Detailed Scope of Work.
FIM # 01.01-TCC — Full Building Controls and Boiler Plant Upgrades
2.2 McKinstry Services
McKinstry will include the following services related to this project:
1. Energy Audit:
The energy audit is complete and is detailed in the Investment Grade Audit report. Initial report dated
05/03/2024 provided for review, additional review in progress. Final version to be agreed upon by all
parties.
2. Design Services:
McKinstry will provide a detailed engineering design as needed to obtain permitting, Owner review, and
approval of the proposed systems. In addition, McKinstry will also provide construction support services,
start-up, testing, as -built drawings of systems installed, and provide operations and maintenance manuals.
3. Construction:
Provide, or cause to be provided, all material, labor, and equipment, including paying for permits, fees,
bonds, and insurance, required for the complete and working installation of McKinstry's equipment.
a. McKinstry will provide a site superintendent who will be responsible for the onsite supervision
and coordination of trades and subcontractors. This individual's responsibilities will also include
regular work observations, quality control, site security, enforcement of the site -specific safety
plan, as well as coordinating any impact upon building tenants with the Owner.
b. McKinstry may perform portions of the construction work or may subcontract portions to
qualified firms. In either case, McKinstry will share information regarding actual costs of the
work with the Owner and DES.
4. Construction Management:
McKinstry will provide a dedicated construction manager who will provide contract administration services
for the project. The owner is expected to coordinate day-to-day communications with tenants and any
scheduling of tenant relocations in and around occupied areas.
5. Operation Training:
McKinstry will provide relevant training of building staff during construction as agreed to by the Owner and
DES.
6. Performance Maintenance:
McKinstry will provide monitoring and support services to ensure guaranteed savings are achieved during
the agreement term. These services shall be under separate agreement. These services shall be at the
discretion of the Owner and DES to terminate. Specific tasks associated with proposed Measurement and
Verification (M&V) can be found in Table 3.2 - M&V Plan Outline.
For this project, McKinstry has recommended an initial M&V term of 01 year to the Owner and DES. The
reason is that the efficiency of the proposed scope is not expected to change after the first year of
performance has been verified.
CONFIDENTIAL & PROPRIETARY I TUKWILA COMMUNITY CENTER
221
2. Scope of Work
7. Equipment Maintenance:
McKinstry will provide no equipment maintenance or repairs after the warranty period. Following the
completion of the installation and Owner acceptance of the equipment, the Owner shall provide all
necessary service, repairs, and adjustments to the equipment so that the equipment will perform in the
manner and to the extent set forth in the Proposal. McKinstry shall have no obligation to service or maintain
the equipment after the warranty period.
8. Warranty:
McKinstry will warrant equipment for one year following Notice of Commencement of Energy Savings.
Specific information regarding equipment warranty will be passed on to owner.
2.3 Extent of Subcontracting
McKinstry may subcontract the energy audit, design, construction management, start-up, and training portions
of this Contract to qualified firms upon review and approval by owner. Construction subcontracts will be
awarded competitively. McKinstry will endeavor to satisfy the Diverse Business Enterprise utilization goals of the
Owner and DES.
2.4 Project Schedule
Substantial completion is 181 calendar days from the date of fully executed design and construction contracts.
LIQUIDATED DAMAGES
Liquidated damages at $500 per day apply for schedule overruns beyond the substantial completion date.
McKinstry will be granted additional schedule days for permitting and Equipment procurement durations that
are beyond what is listed in this ESP project schedule. These additional days, if required, will extend the
substantial completion date.
CONFIDENTIAL & PROPRIETARY I TUKWILA COMMUNITY CENTER
222
Ile 8f Year 8u7+ding
Table 3.1 - Energy Savings Summary
Project
Scenario
Date
City of Tukwila
Tukwila CC - Controls and Boiler Plant
5/2/2024
I Facility Improvement
Measures
01.01-TCC Full Building
Controls and Boiler Plant
Upgrades
Facility
Tukwila Community Center
Electricity
Fossil Natural Gam
kWh kWh T e
84,815
84,815
$8,371
$8,371
13,946
13,946
$18,015
$18,015
$26,386
$26,386
Confidential and Proprietary
Sheet 1 of 1
223
Table 4.1 - Buc
Project
Scenario
Date
get Summary
City of Tukwila
Tukwila CC - Controls and Boiler Plar
5/7/2024
ife Of Your Building
Database ID
FIM Name
Mechanical
Electrical
EMCS
Lighting
General
Equipment Other Total
01.01-TCC Controls and Boiler Plant Upgrades
234,904
®111111:111
109,169
7,283 $ 987,432
Subtotal (FIM Cost and A)
Total Construction Cost
4,3
B. Professional Services Costs
Audit Fee
Design
Costt. Management & Proj. Admin
Overhead
Profit (Fee)
Lump
Lump
$84,000
9.00%
$65,773
10.00^
8.00%
Percent of Total Base FIM Cost
Percent of Total Construction Cost
Percent of Total Construction Cost
$ 84,000
$ 88,869
$ 65,773
$ 98,743
$ 78,995
Total Professional Services Cost $
416,38C
C. Other Project Costs
Project Contingency
Repair Allowance
Temporary Heating Allowance
Apprenticeship Incentive
Performance Assurance (M&V)
Olo
Lump
Lump
Lump
Lump
5.00%
$15,000
$30,000
$907
$12,554
Percent of Total Base FIM Cost
WA State Apprenticeship Requirement for Projects with Construction Cost >_ $1M
$ 44,802
$ 15,000
$ 30,000
$ 907
$ 12,554
Total Other Project Cost $ 103,264
Sales Tax
0/0
Interagency Fee
Lump
10.20% Percent of Section E
$58,300
$ 155,232
58,300
Total Non -Guaranteed Cost
G. Total Maximum Project Cost (E + F)
1,735,419
224
01=57
Table 4.2 - Facility Improvement Measure (FIM) Summary
Project
Scenario
Date
City of Tukwila
Tukwila CC - Controls and Boiler Plant
May 7, 2024
Facility Improvement
Measures
01.01-TCC Full Building
Controls and Boiler Plant
Upgrades
jahainiiiiiii111111 Facility Budget
This measure will upgrade the boiler plant with new high efficiency condensing boiler and new pumps with
variable speed operation. The controls system for the full building will be upgraded to a new BACNet based
system. All other equipment will be reused and remain as -is.
Tukwila
Community Center
Totals
$1,735,419
Annual Utility Annual
Savings Operational
Savings **
$26,386
$2,500
Potential
Incentives ***
$44,000
44 000
* Since design cost, audit cost, etc. are distributed among the FIMs, the total project cost will not go up or down by exactly the amounts shown here if a FIM or FIMs are dropped.
** For non recurring operational savings, the values are averaged over the 30 year length of this analysis.
*** Incentives are contingent on final approval and are not guaranteed. Funds are shown for reference only.
Confidential and Proprietary
Sheet 1 of 1
225
226
TO:
City of Tukwila
Thomas McLeod, Mayor
Mayor's Office - Marty Wine, City Administrator
The city of opportunity, the community of choice
Mayor McLeod
Councilmembers
FROM: Marty Wine, City Administrator
DATE: March 11, 2025
SUBJECT: City Administrator's Report
The City Administrator Report is meant to provide the Council, staff, and the community with an
update on the activities of the City and on issues that concern Tukwila. Please let me know if you
have any questions or need additional information about any of the following items.
I. Intergovernmental Update
• Kent Valley Air & Space Roundtable Meetings: On February 24 and 27 Economic
Development staff attended the Kent Valley Air & Space Roundtable meetings at Skills, Inc.
and Orion Industries. Roundtable businesses are still forming their priorities.
• Soundside Alliance Operations Committee Meeting: Economic Development staff attended
the Soundside Alliance operations committee meeting on February 26.
• Puget Sound Regional Council (PSRC) Executive Board Meeting: On February 27 Mayor
McLeod attended a PSRC Executive Board meeting.
• 2025 Sports Star of the Year: On February 27 Mayor McLeod, Councilmember Papyan,
Director Miles, and Council Analyst Humphrey attended the 2025 Sports Star of the Year event
in Seattle, hosted by the Seattle Sports Commission.
• Joint Recommendations Committee Meeting: Human Services staff attended the quarterly
Joint Recommendations Committee meeting with King County on February 27.
• Sound Cities Association City Manager/City Administrator Meeting: On March 5 City
Administrator Wine and Deputy City Administrator Mayer participated in the Sound Cities
Association City Manager/City Administrator monthly meeting.
• Seattle Metro Chamber Regional Trade Mission: March 5 - 7 Mayor McLeod and Director
Miles were part of a regional trade mission to Vancouver BC, hosted by the Seattle Metro
Chamber. The mission allowed the City and region to reaffirm our partnership with Vancouver
and to collaborate on a variety of items, such as the 2026 World Cup.
• King County Urban Forestry Forum: Public Works staff participated in the King County
Urban Forestry Forum quarterly meeting of jurisdictions to share information and resources
on tree codes, best practices, and lessons learned.
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
227
City Administrator's Report
March 11, 2025
Page 2
• King County Recycling Coordinators Meeting: Public Works staff attended the quarterly
King County Recycling Coordinator's meeting; topics included homeless encampment clean-
ups, FIFA world cup opportunities relating to solid waste, sharps, Food Waste Prevention
Week, and creating a regional designated recyclables list.
• Municipal Language Access Network: The Inclusion & Engagement Manager attended the
Municipal Language Access Network, a national coalition to discuss best practices and
answer policy questions.
II. Community Events
• Presentation to Airport University Class: Transportation Demand Management staff
presented to an Airport University class and distributed ORCA cards on February 27.
• Middle Housing Open House: On March 5 Community Development staff held an open
house on upcoming middle housing changes on March 5 at the Sullivan Center. Staff
answered questions and received feedback from community members on the proposed
standards.
• 2025 Storm Water Management Plan (SWMP) Open Houses: The 2025 SWMP will be
open for Public Comment at the Sullivan Center on March 12 and March 19 from 12:00 PM
to 7 PM to allow community members to participate. New permit requirements and
existing permit actions will be presented for comment.
• Recycling Collection Event: On March 22 the City will host a recycling collection event at
Tukwila Community Center from 10 AM - 2 PM. Styrofoam, scrap metal, appliances, and
electronics will be collected at this event.
• Food Waste Reduction Event at the Tukwila Library: On March 29 staff will be tabling at
the Tukwila Library from 1 PM - 4 PM with a focus on food waste reduction that will
include food waste reduction tool giveaways and advertising for four food waste
prevention workshops in April and May.
• Adopt -A -Drain: Adopt -A -Drain is now available. Residents can sign up and receive a
welcome letter and yard sign that coordinates with the watershed they live in. Visit Adopt -
a -Drain - Washington, enter an address within Tukwila and see drains available to adopt,
collect the trash and debris and report the volume/weight.
III. Staff Updates
Public Safety
• Washington Organized Retail Crime Association (WAORCA) Meeting: On February 26 the
Police Department hosted the monthly King County chapter meeting of WAORCA. Several
area retail stores and local police departments were represented at the meeting.
• Community Police Academy: The Police Department's annual Community Police Academy
started on March 4 and will run through April 29. Classes are every Tuesday from 5:30 PM -
7:30 PM.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
228
City Administrator's Report
March 11, 2025
Page 3
Project Updates
• Cyber Security Performance Assessment: TIS started a cyber security performance
assessment with the State Auditor's Office.
• Tukwila Natural Area Infrastructure Assessment: In Partnership with King Conservation
District and Equilibrium Economics, the City of Tukwila began the Tukwila's Natural Area
Infrastructure Assessment. The goal of this project is to appraise the ecosystem services
provided by Tukwila's urban forest.
Boards, Commissions and Committees
We welcome the City Council to encourage community members to apply for vacant Board &
Commission positions.
• Arts Commission: The next meeting is scheduled for March 19, 2025.
3 resident position terms expire March 31, 2025.
No vacancies.
• Civil Service Commission: The next meeting is scheduled for March 20, 2025.
VACANT: 1 Resident Position. Applications are being accepted.
• COPCAB: The next meeting is scheduled for March 13, 2025.
VACANT: 1 Business Position and Student Representative.
• Equity & Social Justice Commission: The next meeting is scheduled for April 3, 2025.
1 City Employee position term expires March 31, 2025.
1 Education/Community position term expires March 31, 2025.
2 Community position terms expire March 31, 2025.
No vacancies.
• Human Services Advisory Board: The next meeting is scheduled for April 17, 2025.
1 Resident position term expires March 31, 2025.
1 Faith -Based position term expires March 31, 2025.
VACANT: 1 Resident position and 1 Business Community Representative.
• Library Advisory Board: The next meeting is scheduled for April 1, 2025.
4 Resident position terms expire March 31, 2025.
No vacancies.
• Lodging Tax Advisory Committee: The next meeting is scheduled for April 11, 2025.
All positions are 1-year terms.
VACANT: 1 Business Collecting Tax Representative
• Park Commission: The next meeting is scheduled for March 12, 2025.
3 Community position terms expire March 31, 2025.
VACANT: 1 Community position and Student Representative.
• Planning Commission: The next meeting is scheduled for March 27, 2025.
No vacancies.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
229
Tentative Agenda Schedule
MEETING 1—
REGULAR
MEETING 2 —
C.O.W.
MEETING 3 —
REGULAR
MEETING 4 —
C.O.W.
MARCH 3
See below links for the agenda
packets to view the agenda items:
March 3, 2025
Special Meeting
March 3, 2025
Work Session - Cancelled
March 3, 2025
Regular Meeting - Cancelled
MARCH 10
See below links for the agenda
packets to view the agenda
items:
March 10, 2025
Committee of the Whole Meeting
- Cancelled
MARCH 17
See below links for the agenda packets
to view the agenda items:
March 17, 2025
Work Session - Cancelled
March 17, 2025
Regular Meeting
MARCH 24
SPECIAL ISSUES
- An ordinance amending the STEP
Housing Code.
MEETING 1—
REGULAR
MEETING 2 —
C.O.W.
MEETING 3 —
REGULAR
MEETING 4 —
C.O.W.
APRIL 7
APRIL 14
SPECIAL ISSUES
- Local Road Safety Plan Adoption.
- Lease Agreements and Deeds with
Puget Sound Fire.
APRIL 21
APRIL 28
UNFINISHED BUSINESS
- An ordinance amending the
Townhouse allowances in the
Tukwila Urban Center.
- An ordinance amending the
Residential Conversions Code.
WORK SESSION
WORK SESSION
Multi -Family Property Tax Exemption
Program — discussion only.
REGULAR MEETING
REGULAR MEETING
PRESENTATION
- City of Tukwila and Recology Earth Day
Art Contest winner presentation.
CONSENT AGENDA
- Contract for Parks, Recreation and Open
Space (PROS) Plan.
- Contract for On -Call Trails Paving.
- Authorize the Mayor to sign a grant
agreement with the Washington State
Patrol for the National Criminal History
Improvement Program (NCHIP), in the
amount of $248,805.00.
NEW BUSINESS
- Local Road Safety Plan Adoption.
- Lease Agreements and Deeds with Puget
Sound Fire.
APPOINTMENTS
- Board and Commission Appointments
and Reappointments.
CONSENT AGENDA
- An ordinance amending the STEP
Housing Code.
- Department of Ecology CBP3 Grant
Award in the amount of $602,150.00.
- Dell Rugged Tablet Refresh (Lease).
230