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HomeMy WebLinkAboutReg 2025-08-18 COMPLETE AGENDA PACKETyJ1 A o 90 ' Tukwila City Council Agenda ❖ REGULAR MEETING ❖ Thomas McLeod, Mayor Counc//members.• ❖ Mohamed Abdi ❖ Armen Papyan Marty Wine, City Administrator ❖ Jovita McConnell ❖ Dennis Martinez Tosh Sharp, Council President ❖ Hannah Hedrick ❖ Verna Seal N-SITE PRESENCE: TUKWILA CITY HALL COUNCIL CHAMBERS 6200 SOUTHCENTER BOULEVARD EMOTE PARTICIPATION FOR THE PUBLIC: 1-253-292-9750, ACCESS CODE: 670077847# Click here to: Join icrosoft Teams eetinq For Technical Support: 1-206-433-7155 Monday, August 18, 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 comments may verbally address the City both on -site at Tukwila City Hall or via phone or Microsoft Teams for up to inutes for items both on and not on the meeting agenda. To provide comment via phone or icrosoft Tea s, please email citycouncil@tukwilawa.gov with your name and topic by 5:00 p.m. on the Council 5 meeting the date. Please clearly indicate that your message is for public comment during meeting, and you will receive further instructions. 4. CONSENT AGENDA a. Approval of Minutes: 8/4/25 (Regular Mtg.) b. Approval of Vouchers c. Authorize the Mayor to sign an Interlocal Agreement with Water Resource Inventory Area (WRIA) 9 for Salmon Habitat Recovery and water quality improvement in the Green River, Duwamish River, and Central Puget Sound Watersheds. [Reviewed and forwarded to consent by the Committee of the Whole on 8/11/25.1 > Please refer to 8/11/25 C.O.W. packet < Pg.1 5. UNFINISHED a. An ordinance amending various ordinances as codified Pg.3 BUSINESS throughout Tukwila Municipal Code (TMC) Chapter 5.04, "Business Licenses & Regulations,"; Repealing TMC Sections 5.04.050, 5.04.080, and 5.04.105; Establishing TMC Sections 5.04.140 and 5.04.150; To amend the business license fees, minimum threshold, and administrative provisions related to business licensing. 6. NEW BUSINESS a. Authorize the Mayor to sign a contract with Facet NW for on- Pg.17 call planning and project services for the Critical Area Ordinance update and salmon recovery through Local Planning project, in an amount not to exceed $415,000 through December 31, 2028 (funding coming to the City). REGULAR MEETING August 18, 2025 Page 2 7. REPORTS a. Mayor b. City Council c. Staff — City Administrator Report Pg.33 8. MISCELLANEOUS 9. EXECUTIVE SESSION 10. ADJOURNMENT This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council If you are in please meetings are audio/video taped, and available at www.tukwilawa.gav need of translation or interpretation services at a Council meeting, 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: tt s:// .tu ila aov/e a ents/city-council/ COUNCIL A GRNDA SYNOPSIS Initials Meeting Date Prepared (y Mayor's review Council review 08/04/25 JR ITEM INFORMATION ITEM No. 4.C. STAFF SPONSOR: MIKE PERFETTI ORIGINAL AGENDA DATE: 08/04/25 AGENDA ITEM TITLE WRIA 9 Interlocal Agreement (ILA) 2026-2034 CATEGORY Discussion 8/11 /25 Motion Date8/18/25 7 Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date Mtg SPONSOR Council ❑Mayor ❑HR EIDCD Finance Fire ❑T5 EIP&R ❑Police ®PIS ECourt SPoNsoR's Tukwila has participated in this ILA since 2001 and is currently under a 2016 version that SUMMARY expires at the end of 2025. Tukwila is represented at the Watershed Ecosystem Forum by the Mayor. The City's cost share is based on population, assessed value and area. In 2025, the City's 3.10% cost share amounted to $17,977. Council is being asked to authorize the Mayor to sign the Interlocal Agreement. REVIEWED BY ® Trans&Infrastructure C CommunitySvs/Safety ❑ Finance Comm. E Planning/Economic Dev. ❑ LTAC C Arts Comm. ❑ Parks Comm. E Planning Comm. DATE: 07/28/25 COMMITTEE CHAIR: MOHAMED ABDI RECOMMENDATIONS: SPONSOR/ADMIN. Comm' Public Works Department I`IEE Unanimous Approval; Forward to the 08/11/2025 C.O.W. Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: 2025-30 Regional Surface Water Partnerships CIP page MTG. DATE RECORD OF COUNCIL ACTION 08/11/25 Consensus to Forward to the 8/18/25 Regular Council Meeting Consent Agenda MTG. DATE ATTACHMENTS 08/11/25 Informational Memorandum dated 07/25/25 WRIA 9 Interlocal Agreement Exhibit A: 2025 WRIA Based Cost Share: WRIA 9 Regional Watershed Funding 2025-30 Regional Surface Water Partnerships CIP page Draft WRIA 9 ILA Presentation to City Council Minutes from 07/28/25 Transportation and Infrastructure Services Committee Meeting 08/18/25 no attachments 1 2 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 8/11/25 AJS 8/18/25 An ITEM INFORMATION ITEM NO. 5.A. STAFF SPONSOR: ADAM SCHIERENBECK ORIGINAL AGENDA DATE: 8/11/25 AGENDA ITEM TITLE Business Licensing - Amendments to Chapter 5.04 TMC CATEGORY Discussion Mtg Date 8/11/25 Motion Mtg Date 8/18/25 E Resolution Mtg Date Ordinance Mtg Date 8/18/25 n Bid Award Mtg Date I- Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ®.Finance ❑ Fire ❑ P&R ❑ Police ❑ PIr SPONSOR'S SUMMARY The Finance Department is seeking to amend Chapter 5.04 TMC pertaining to business licensing. The recommended amendments align the code with current practice, create administrative efficiencies, and strengthen enforcement of the City's business licensing requirements. The amendments also include a change to the minimum threshold under which the license fee is waived for nonresident businesses, as mandated by the Washington State Business License Model Ordinance effective January 1, 2026. REVIEWED BY ❑ Trans&infrastructure Svcs ❑ Community Svcs/Safety a Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: 7/ 28/ 25 ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: PAPYAN RECOMMENDATIONS: SPONSOR/ADMIN. Finance Department COMMITTEE Unanimous Approval; Forward to 8/11/25 Committee of the Whole Mtg COST IMPACT / FUND SOURCE EXPENDI'T'URE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 8/11/25 Consensus to Forward to the 8/18/25 Regular Council Meeting MTG. DATE ATTACHMENTS 8/11/25 Informational Memorandum dated 7/22/25 Draft Business License Ordinance - updated after 7/28 Finance & Governance Committee 2026 Business License Model Threshold Update (AWC Publication) Minutes from 07/28/25 Finance & Governance Committee Meeting 8/18/25 Final Ordinance 3 • Washington rdinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON; AMENDING VARIOUS ORDINANCES AS CODIFIED THROUGHOUT TUKWILA MUNICIPAL CODE (TMC) CHAPTER 5.04, "BUSINESS LICENSES & REGULATIONS,"; REPEALING TMC SECTIONS 5.04.050, 5.04.080, AND 5.04.105; ESTABLISHING TMC SECTIONS 5.04.140 AND 5.04.150; TO AMEND THE BUSINESS LICENSE FEES, MINIMUM THRESHOLD, AND ADMINISTRATIVE PROVISIONS RELATED TO BUSINESS LICENSING; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 2019, the City joined into a partnership with the Washington State Department of Revenue (DOR) for administering City business license applications and issuing City business license endorsements; and WHEREAS, RCW 35.90.080 requires the City to adopt the mandatory provisions of the model ordinance developed by Washington cities when imposing a general business license requirement, including a minimum threshold under which a nonresident business is relieved of the requirement to pay the business license fee, which will be amended effective January 1, 2026; and WHEREAS, additional amendments to the City's business licensing code will align the code with current practice, create administrative efficiencies, and strengthen enforcement of the City's business licensing requirements; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 5.04.010 Amended. Ordinance Nos. 2315 §1 (part), 2333 §1, 2356 §1, 2381 §1, 2496 §1, 2544 §2, and 2588 §2, as codified at TMC Section 5.04.010, "Definitions," are hereby amended to read as follows: 5.04.010 Definitions For the purpose of this chapter, the following definitions shall apply: 2025 Legislation: Business Licensing Fees Version: 8/4/25 Staff: A. Schierenbeck Page 1 of 13 4 1. "Business," means all activities, occupations, trades, pursuits, or professions located and/or engaged in within the City, with the object of gain, benefit or advantage to the person engaging in the same or to any other person or class, directly or indirectly, and includes nonprofit enterprises, whether or not an office or physical location for the business lies within the City limits. 2. "Department," means Finance Department. 3. "Director," means the Finance Director or his or her designee. 4. "Engaging in business" means commencing, conducting, or continuing in business, and also the exercise of corporate or franchise powers, as well as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business. a. This section sets forth examples of activities that constitute engaging in business in the City and establishes safe harbors for certain of those activities so that a person who meets the criteria may engage in de minimus business activities in the City without having to pay a business license fee. The activities listed in this section are illustrative only and are not intended to narrow the definition of "engaging in business" as defined above. If an activity is not listed, whether it constitutes engaging in business in the City shall be determined by considering all the facts and circumstances and applicable law. b. Without being all inclusive, any one of the following activities conducted within the City by a person, or its employee, agent, representative, independent contractor, broker or another acting on its behalf constitutes engaging in business and requires a person to register and obtain a business license: (1) Owning, renting, leasing, maintaining, or having the right to use, or using, tangible personal property, intangible personal property, or real property permanently or temporarily located in the City. (2) Owning, renting, leasing, using, or maintaining, an office, place of business, or other establishment in the City. (3) Soliciting sales. (4) Making repairs or providing maintenance or service to real or tangible personal property, including warranty work and property maintenance. (5) Providing technical assistance or service, including quality control, product inspections, warranty work, or similar services on or in connection with tangible personal property sold by the person or on its behalf. (6) Installing, constructing, or supervising installation or construction of, real or tangible personal property. (7) Soliciting, negotiating, or approving franchise, license, or other similar agreements. (8) Collecting current or delinquent accounts. 2025 Legislation: Business Licensing Fees Version: 8/4/25 Staff: A. Schierenbeck Page 2 of 13 5 (9) Picking up and transporting tangible personal property, solid waste, construction debris, or excavated materials. (10) Providing disinfecting and pest control services, employment and labor pool services, home nursing care, janitorial services, appraising, landscape architectural services, security system services, surveying, and real estate services including the listing of homes and managing real property. (11) Rendering professional services such as those provided by accountants, architects, attorneys, auctioneers, consultants, engineers, professional athletes, barbers, baseball clubs and other sports organizations, chemists, consultants, psychologists, court reporters, dentists, doctors, detectives, laboratory operators, teachers, veterinarians. (12) Meeting with customers or potential customers, even when no sales or orders are solicited at the meetings. (13)Training or recruiting agents, representatives, independent contractors, brokers or others, domiciled or operating on a job in the City, acting on its behalf, or for customers or potential customers. (14) Investigating, resolving, or otherwise assisting in resolving customer complaints. (15) In-store stocking or manipulating products or goods, sold to and owned by a customer, regardless of where sale and delivery of the goods took place. (16) Delivering goods in vehicles owned, rented, leased, used, or maintained by the person or another acting on its behalf. c. If a person, or its employee, agent, representative, independent contractor, broker or another acting on the person's behalf, engages in no other activities in or with the City but the following, it need not register and obtain a business license. (1) Meeting with suppliers of goods and services as a customer. (2) Meeting with government representatives in their official capacity, other than those performing contracting or purchasing functions. (3) Attending meetings, such as board meetings, retreats, seminars, and conferences, or other meetings wherein the person does not provide training in connection with tangible personal property sold by the person or on its behalf. This provision does not apply to any board of director member or attendee engaging in business such as a member of a board of directors who attends a board meeting. (4) Renting tangible or intangible property as a customer when the property is not used in the City. (5) Attending, but not participating in, a "trade show" or "multiple vendor events". Persons participating at a trade show shall review the City's trade show or multiple vendor event ordinances. (6) Conducting advertising through the mail. 2025 Legislation: Business Licensing Fees Version: 8/4/25 Staff: A. Schierenbeck Page 3 of 13 6 (7) Soliciting sales by phone from a location outside the City. d. A seller located outside the City merely delivering goods into the City by means of common carrier is not required to register and obtain a business license, provided that it engages in no other business activities in the City. Such activities do not include those in subsection 5.04.010(4)(c). e. The City expressly intends that engaging in business include any activity sufficient to establish nexus for purposes of applying the license fee under the law and the constitutions of the United States and the State of Washington. Nexus is presumed to continue as long as the taxpayer benefits from the activity that constituted the original nexus generating contact or subsequent contacts. 5. "License or licensee" means any business that applies for or is granted a business license. The term shall also mean the person who submits a business license application for approval, the owner or operator of a business, and any corporation, partnership, nonprofit, or organization which owns or operates the business. 6. "Person," means any individual, receiver, agent, trustee in bankruptcy, trust, estate, firm, co -partnership, joint venture, company, joint stock company, business trust, corporation, society, or group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise. 7. "Person engaged in business" means the owner or one primarily beneficially interested in lawful business for profit and not employees. 8. "Home occupation" means any business conducted in a residence within the corporate city limits of Tukwila, such business being subject to the requirements set forth in TMC Chapter 18.06, "Definitions," in the section entitled "Home Occupation." 9. "Employee" means any individual employed at any business who performs any part of their duties within the City of Tukwila or reports from a location within the City's corporate limits including all full-time, part-time, and temporary employees or workers. The term includes self-employed persons, sole proprietors, owners, officers, managers, and partners. An independent contractor is not an employee. 10. "Business Licensing Service" or "BLS" means the office within the Washington State Department of Revenue providing business licensing services to the City. 11. "Business license" means a license issued by the City authorizing a person to engage in business within the City. "Business license" also means the licensing document produced by the Business Licensing Service upon which the City -issued business license appears as an endorsement. 12. "City" means the City of Tukwila. 13. "Place of business" means a temporary or permanent physical location within City limits where business is conducted or is intended to be conducted. Section 2. TMC Section 5.04.012 Amended. Ordinance No. 2315 §1 (part), as codified at TMC Section 5.04.012, "Purpose," is hereby amended to read as follows: 2025 Legislation: Business Licensing Fees Version: 8/4/25 Staff: A. Schierenbeck Page 4 of 13 7 5.04.012 Purpose The provisions of this chapter shall be deemed an exercise of the power of the City to license for regulation and for revenue. Section 3. TMC Section 5.04.020 Amended. Ordinance Nos. 2315 §1 (part), 2333 §3, 2356 §2, 2381 §3, 2496 §2, 2544 §3, and 2588 §4, as codified at TMC Section 5.04.020, "Applications and fees required," is hereby amended to read as follows: 5.04.020 Applications and fees required A. Application Required. Any person desiring to establish or conduct any business within the corporate limits of the City shall first file a business license application through the BLS. The application shall be upon a form furnished by the BLS on which the applicant shall state the company name and address; the nature of the business activity or activities in which he/she desires to engage; the place where the business will be conducted; the number of employees, whether full or part-time and other information pertaining to the business as required by the City or BLS. The applicant shall be required to provide all information requested on said form and failure to do so shall be grounds for refusing to issue the business license. If a person maintains more than one place of business within the City, a separate general business license registration is required for each business. Owners of residential rental property are not subject to the application requirements in this chapter but shall adhere to the rental business license and inspection program requirements in TMC Chapter 5.06. B. Fee — General. The application must be accompanied by the appropriate business license fee as adopted by separate resolution of the City Council, as well as the BLS handling fee required by RCW 19.02.075. For persons with a place of business in the City, the business license fee shall be determined based on the total number of employees.. If the number of employees is not known at the time of application or renewal of the license, the business shall estimate the maximum number of employees they anticipate working any time during the 12-month period subject to licensure and remit the associated business license fee. It will be the responsibility of the business to determine the total number of employees and, if required, demonstrate to the satisfaction of the Director that the information pertaining to the business license fee is accurate. C. Minimum Threshold. For purposes of the license by this chapter, any person or business whose annual value of products, gross proceeds of sales, or gross income of the business in the City is equal to or less than the threshold amount provided in this subsection and who does not maintain a place of business within the City, shall submit a business license registration to the Director but is exempt from the business license fee requirement as provided in this chapter. The threshold does not apply to regulatory license requirements or activities that require a specialized permit. 1. Prior to January 1, 2026, the threshold amount is $2,000 per calendar year. 2. Beginning January 1, 2026, the threshold amount is $4,000 per calendar year. The threshold amount will be adjusted every forty-eight months on January 1, by an amount equal to the increase in the Consumer Price Index ("CPI") for "West Urban, All Urban Consumers" (CPI-U) for each 12-month period ending on June 30 as published by the 2025 Legislation: Business Licensing Fees Version: 8/4/25 Staff: A. Schierenbeck Page 5 of 13 8 United States Department of Labor Bureau of Labor Statistics or successor agency. To calculate this adjustment, the current rate will be multiplied by one plus the cumulative four- year (forty -eight -month) CPI increase using each 12-month period ending on June 30 of each prior year and rounded to the nearest $100. However, if any of the annual CPI increases are more than five (5) percent, a five (5) percent increase will be used in computing the annual basis, and if any of the annual CPI decreased during the forty -eight - month period, a zero (0) percent increase will be used in computing the annual basis. D. Over -reporting of Employees. In the event the licensee overreported the number of employees, resulting in an overpayment of the business license fee as a result, the licensee may request that the City refund the overpayment. The request must be made in writing to the Finance Department, and the City must receive the refund request and all supporting documentation no later than 60 days after the end of the calendar year in which the overpayment was made. If the City is satisfied the licensee paid an excess business license fee, the City will refund the excess amount. E. Under -reporting of Employees. If, at the time of license renewal, the City determines the business owner underreported the number of employees for the preceding license period or has otherwise underpaid the business license fee properly due, the business shall pay the balance of the corrected business license fee within 30 days of the date the written notice is mailed by the City. An additional penalty as adopted by separate resolution of the City Council shall be assessed if payment is not received by the notice due date or any extension thereof. Section 4. TMC Section 5.04.030 Amended. Ordinance Nos. 2315 §1 (part) and 2588 §5, as codified at TMC Section 5.04.030, "Issuance of a license and annual renewal," is hereby amended to read as follows: 5.04.030 Issuance of a license and annual renewal A. Upon review and approval of a business license application by the City, the BLS shall issue a business license to the applicant. The license shall grant to the applicant the privilege to conduct such business at a designated location in the City for the license period set forth in TMC Section 5.04.040. B. Persons continuing to engage in business within the City shall renew their business license(s) each year. Businesses must pay a renewal fee, as well as the BLS handling fee required by RCW 19.02.075. Persons who do not renew their business license by the expiration date may be subject to a late renewal penalty charged by the BLS as provided in RCW 19.02.085. C. Failure to renew a business license within one hundred twenty (120) days of expiration will result in the cancellation of the license and will require a new application for a business license to engage in business in the City. Section 5. TMC Section 5.04.040 Amended. Ordinance Nos. 2315 §1 (part), 2333 §4, and 2356 §3, as codified at TMC Section 5.04.040, "Prorating fee," is hereby amended to read as follows: 2025 Legislation: Business Licensing Fees Version: 8/4/25 Staff: A. Schierenbeck Page 6 of 13 9 5.04.040 License period The license fee set forth in this chapter for new business license applications shall be for the period beginning the date the business license application is submitted by the licensee through the last day of the same month in the following year. The license fee for business license renewals shall be for one year following the date of the prior business license expiration date. License fees are not refundable and are not prorated, except as provided in TMC Section 5.04.100, regardless of whether the business operates for the entire license period, or whether the business license is denied, revoked, withdrawn or suspended with cause. Section 6. Repealer. Ordinance Nos. 2315 §1 (part), 2333 §5, 2356 §, 2381 §4, 2496 §3, and 2544 §4, as codified at TMC Section 5.04.050, "Late acquisition or renewal", are hereby repealed, thereby eliminating this section: Section 7. TMC Section 5.04.060 Amended. Ordinance No. 2315 §1 (part), as codified at TMC Section 5.04.060, "Transferability," is hereby amended to read as follows: 5.04.060 Transferability The license granted in pursuance hereof shall be personal to the licensee and it shall not be assignable or transferable to any other person. A change in the Unified Business Identifier issued by the Washington State Department of Revenue will require the submission of a new business license application and payment of the applicable business license fee as set forth in this chapter. Section 8. TMC Section 5.04.070 Amended. Ordinance Nos. 2315 §1 (part), 2333 §6, 2356 §5, 2381 §5, and 2496 §4, as codified at TMC Section 5.04.070, "Change in UBI #, ownership, physical location or nature of business," is hereby amended to read as follows: 5.04.070 Change in physical location or nature of business The license granted pursuant hereto shall be used to conduct the particular business or type of business at the designated address for which such license is issued. Any license holder with a change in the nature of the business or a change in the physical location of the business, shall immediately submit an application for licensure to the BLS documenting the relevant change(s). Section 9. Repealer. Ordinance No. 2315 §1 (part), as codified at TMC Section 5.04.080, "Required — Display," is hereby repealed, thereby eliminating this section: Section 10. TMC Section 5.04.090 Amended. Ordinance Nos.2315 §1 (part), 2333 §7, 2356 §6, 2544 §5, 2588 §6, and 2593 §2, as codified at TMC Section 5.04.090, "Exemption," is hereby amended to read as follows: 5.04.090 Exemptions A. The following persons are exempt from the business license fee, but if exempt under this subsection such persons shall still apply for and obtain a business license under this chapter: 2025 Legislation: Business Licensing Fees Version: 8/4/25 Staff: A. Schierenbeck Page 7 of 13 10 1. Organizations exempt from federal income tax under 26 USC Section 501(c)(3). Such organization must be able to show satisfactory proof from the Internal Revenue Service (IRS) of its tax exempt status, except in the case of religious organizations which are assumed by the IRS of being exempt from taxes under 26 USC Section 501(c)(3) without application for or issuance of a determination letter by the IRS. 2. A governmental entity that engages solely in the exercise of governmental functions. Activities that are not exclusively governmental, such as some of the activities of a hospital or medical clinic, are not exempt under this chapter. 3. A civic group, service club, or social organization that is not engaged in any profession, trade, or occupation, but is organized to provide civic, service, or social activities in the City. a. Examples of such organizations include but are not limited to: Soroptimists, Kiwanis, Lions, Rotary, American Legion, children's and adults' athletic leagues and similar types of groups, clubs or organizations. 4. A court interpreter who provides an oral translation between speakers who speak different languages, and who is either a certified interpreter, qualified interpreter, or registered interpreter, and who makes less than $12,000 in gross annual revenue in Tukwila, Washington. Certified, qualified and registered interpreters are defined as follows: a. "Certified interpreter" means an interpreter who is certified by the administrative office of the courts. b. "Qualified interpreter" means a person who is readily able to interpret or translate spoken and written English for non -English-speaking persons and to interpret or translate oral or written statements of non -English-speaking persons into spoken English. c. "Registered interpreter" means an interpreter who is registered by the administrative office of the courts. 5. A public card room (also known as a social card room) with a house -banked license. B. Nothing in this chapter shall be construed to require a license for any farmer solely engaged in the business of selling, delivering or peddling any fruits, vegetables, berries, butter, eggs, fish, milk, poultry, meats or any other agricultural product that is raised, caught, produced or manufactured by such person. "Agricultural product" does not include cannabis or cannabis products as defined in RCW 69.50.101. Section 11. TMC Section 5.04.100 Amended. Ordinance Nos. 2315 §1 (part) and 2588 §7, as codified at TMC Section 5.04.100, "Failure to Pay Fee," is hereby amended to read as follows: 2025 Legislation: Business Licensing Fees Version: 8/4/25 Staff: A. Schierenbeck Page 8 of 13 11 5.04.100 Failure to Pay Fee A. If any person engaged in business fails or refuses to pay the required license fee for any period of time as herein provided, the Director shall assess all license fee amounts that should have been paid for the last four years, as determined by the Director, plus a penalty as adopted by separate resolution of the City Council. Such fees may be prorated as the City deems necessary if the assessment period is less than a 12-month license period. B. If a person fails or refuses a Department request to provide or make available records to determine the amount of the license fee due under this chapter, the Director is authorized to determine the amount of the license fee payable by obtaining facts and information upon which to base the estimate of the fees due. Such fee assessment shall be deemed prima facie correct and shall be the amount of the business license fee owing to the City by the person. C. The balance of the business license fee shall be due within 30 days of the date the written notice is mailed by the City. An additional penalty as adopted by separate resolution of the City Council shall be assessed if payment is not received by the notice due date or any extension thereof. Business license fees may be collected by the City by proper legal action brought for that purpose if any person engaged in business fails or refuses to pay the license fee. This remedy is cumulative and not exclusive. Section 12. Repealer. Ordinance Nos. 2315 §1 (part) and 2588 §8, as codified at TMC Section 5.04.105, "Additional Requirements for Issuance of Business License," is hereby repealed, thereby eliminating this section: Section 13. TMC Section 5.04.110 Amended. Ordinance Nos. 2315 §1 (part), 2333 §8, 2352 §2, 2496 §5, and 2588 §9, as codified at TMC Section 5.04.110, "Denial, Suspension, Revocation," is hereby amended to read as follows: 5.04.110 Denial, Suspension, Revocation A. The Finance Director may deny, suspend or revoke any business license under this chapter where one or more of the following conditions exist: 1. The licensee is in default of any fee, tax or amounts due and payable to the City of Tukwila, as outlined in the Tukwila Municipal Code or City policy. 2. The license was procured by fraud or by a false or misleading representation of fact in the application, or in any report or record required to be filed with the Finance Department. 3. The building, structure, equipment, operation or location of the business for which the license was issued does not comply with the requirements or standards of the Tukwila Municipal Code. 4. The license holder, his or her employee, agent, partner, director, officer or manager has knowingly violated any provisions of any chapter of the Tukwila Municipal Code, or has knowingly permitted, failed to prevent, or has otherwise allowed a violation 2025 Legislation: Business Licensing Fees Version: 8/4/25 Staff: A. Schierenbeck Page 9 of 13 12 of any of the provisions of any chapter of the Tukwila Municipal Code to occur on his or her business premises. 5. The license holder, his or her employee, agent, partner, director, officer or manager has repeatedly violated any provision of City policies or the Tukwila Municipal Code after having received notice of such violation. 6. Conduct of the business would be in violation of any local, state or federal law, rule or regulation prohibiting the conduct of that type of business. 7. The property at which the business is located has been determined by a court to be a chronic nuisance property, a Violation Notice and Order for a chronic nuisance property has been issued and not timely remedied or appealed, or the Hearing Examiner has determined the property to be a chronic nuisance property, as provided in TMC Chapter 8.27. 8. The building or structure for which the licensee seeks a business license requires a building or land use permit under any provision of City policies or the Tukwila Municipal Code for which the permit process, including final inspections and/or issuance of occupancy permits, has not been completed. 9. The building or structure for which the licensee seeks a business license has not been inspected for compliance with life and safety codes, if such are required under any provision of City policies or the Tukwila Municipal Code, or if such inspection reveals outstanding code violations. B. Upon determination that grounds for denial, suspension or revocation of a license exist, the Finance Director shall send the licensee a Notice of Denial, Suspension or Revocation. The Notice of Denial, Suspension or Revocation shall set forth the grounds for and terms of the denial, suspension or revocation, and a statement advising the applicant or license holder that he/she may appeal the Notice of Denial, Suspension or Revocation in accordance with the provisions of TMC Section 5.04.112. The filing of such appeal shall stay the action of the Finance Director pending decision on the appeal by the City Hearing Examiner or other hearing body pursuant to TMC Section 5.04.112. C. Receipt of the Notice of Denial, Suspension or Revocation. The Notice of Denial, Suspension or Revocation shall be: (1) sent to the licensee by registered mail at the address provided on the license application; (2) hand delivered to the address provided on the license application; or (3) posted upon the premises where such licensee conducts the business that is the subject of the denied, suspended or revoked license. Notice shall be deemed received by the licensee upon posting, hand delivery, or 3 business days after mailing, whichever occurs first. D. Ten (10) calendar days after receipt of the notice of denial, suspension, or revocation, any business subject thereto that continues to engage in business shall be deemed to be operating without a license and shall be subject to penalties and enforcement as provided in TMC Section 5.04.115, unless an appeal has been filed pursuant to TMC Section 5.04.112 for which a written decision has not been issued. 2025 Legislation: Business Licensing Fees Version: 8/4/25 Staff: A. Schierenbeck Page 10 of 13 13 E. There shall be assessed a penalty to reinstate any business license that has been revoked or suspended under this subsection, as adopted by separate resolution of the City Council. Section 14. TMC Section 5.04.115 Amended. Ordinance Nos. 2315 §1 (part) and 2549 §2, as codified at TMC Section 5.04.115, "Penalties," is hereby amended to read as follows: 5.04.115 Violations and enforcement Any violation of this chapter, or failure to comply with any of the requirements of this chapter, may be enforced as provided for in this section. Each separate date, or portion thereof, during which any violation occurs shall constitute a separate violation. A. Civil infraction. A business, licensee, or person who violates any provision of this chapter commits a Class 1 civil infraction as set forth in RCW 7.80.120(1)(a), as currently enacted or hereafter amended. An infraction issued pursuant to this section shall be issued by code enforcement officers, filed in the Tukwila Municipal Court and processed in the same manner as other infractions filed in the Tukwila Municipal Court. If a business, licensee, or person cited for failure to obtain a business license appears before the Tukwila Municipal Court and provides written evidence that he or she obtained a business license prior to adjudication of the infraction, the monetary penalty shall be reduced to $150. B. Civil code enforcement. A civil code enforcement action may be instituted pursuant to Chapter 8.45 TMC to effectuate the abatement or corrective action required as a result of a violation of this chapter. Failure to timely abate the violation or take corrective action, as required by an issued Notice of Violation, may result in the imposition of a fine in accordance with TMC 8.45.120(A)(2) and 8.45.080(C). C. Criminal violation. A person who knowingly violates a provision of this chapter, or commits a repeat violation of this chapter, is guilty of a misdemeanor, punishable by up to the maximum penalty established in RCW 9A.20.021(3), as now enacted or hereafter amended. For purposes of this section, repeat violation means either a prior committed finding by the Tukwila municipal court of an infraction issued under this chapter, or a committed finding by the hearing examiner of a notice of violation issued under Chapter 8.45 TMC, has occurred or has been committed by the same business, licensee, or person within a five-year period. To constitute a repeat violation, the violation need not be the same violation as the prior violation. D. Injunction. In addition to or as an alternative to any other enforcement or penalty provided for in this chapter, and because a violation constitutes an actual injury to the community, the City may seek injunctive or other equitable relief to prevent any activity in violation of this chapter. E. Any license fee or penalty due, unpaid, and delinquent under this chapter shall constitute a debt to the City. The City may, pursuant to Chapter 19.16 RCW, use a collection agency to collect unpaid license fees or penalties, or it may seek collection by court proceedings, which remedies shall be in addition to all other remedies. 2025 Legislation: Business Licensing Fees Version: 8/4/25 Staff: A. Schierenbeck Page 11 of 13 14 Section 15. Regulations Established. A new TMC section 5.04.140 is hereby established to read as follows: 5.04.140 License does not indicate legality of business The issuance of a license pursuant to this chapter shall not be evidence of the legality of a business or that such business is conducted in conformity with any laws or regulations of the City of Tukwila, the State of Washington, or the United States. The issuance of a business license shall not prevent the City, the State of Washington, or the United States from taking any action relating to the conduct of the business or the licensee, including but not limited to an action to revoke the license or deny an application for a future license, an action to cause the cessation of the business, or any action set forth in this chapter. Section 16. Regulations Established. A new TMC section 5.04.150 is hereby established to read as follows: 5.04.150 Administration A. The Director shall have general charge of, and supervision over, the administration and enforcement of this chapter. B. The Director may call upon other City departments to aid in the enforcement of this chapter. C. The licensee shall, upon reasonable request, provide or allow the Director to inspect relevant documentation and/or to inspect places of business for verification of the requirements of this chapter. Section 17. 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 local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/ subsection numbering. Section 18. 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 19. 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 within five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2025. [signature page to follow] 2025 Legislation: Business Licensing Fees Version: 8/4/25 Staff: A. Schierenbeck Page 12 of 13 15 ATTEST/AUTHENTICATED: Andy Youn-Barnett, CMC, City Clerk Thomas McLeod, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Office of the City Attorney 2025 Legislation: Business Licensing Fees Version: 8/4/25 Staff: A. Schierenbeck Ordinance Number: Page 13 of 13 16 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 8/18/25 NE ITEM INFORMATION ITEM NO. 6.A. STAFF SPONSOR: NANCY EKLUND ORIGINAL AGENDA DATE: 8/18/25 AGENDA ITEM TITLE Contract with Facet NW for Planning Services CATEGORY Discussion Mtg Date 8/18/25 Motion Mtg Date 8/18/25 n Resolution Mtg Date ❑ Ordinance Mfg Date n Bid Award Mtg Date I- Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ 4drnin Svcs ® DCD ❑ Finance ❑ Fire ❑ P&R ❑ Po/ice ❑ PW SPONSOR'S SUMMARY The City identified the need for specialized scientific and natural resources expertise to complete planning and regulatory projects necessary to protect the City's critical areas and natural environment. The contract addresses two revenue backed services: On -Call Planning Services, and Critical Area Ordinance (CAO) Update services and Tasks Relating to Salmon Recovery through Local Planning. Individual Task Orders for projects will be authorized and approved by the DCD Director or Mayor. REVIEWED BY ❑ Trans&infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: ❑ Arts Comm. ❑ Parks Comm. COMMITTEE CHAIR: ❑ Planning Comm. RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED $0 $0 APPROPRIATION REQUIRED Fund Source: GRANT FUNDED OR PASS THROUGH FUNDING FROM DEVELOPMENT FEES COLLECTED FROM APPLICANTS Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 8/18/25 Informational Memorandum dated 8/12/25 Facet NW Services Contract 17 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Planning and Community Development Committee FROM: Nora Gierloff, AICP, Community Development Director BY: Nancy Eklund, AICP, Long Range Planning Supervisor CC: Mayor Thomas McLeod DATE: August 21, 2025 SUBJECT: Contract with Facet NW for Planning Services ISSUE The Council is being asked to approve a contract with Facet NW for project -related and on -call planning services. The proposed language in this contract clarifies and amends the initial contract approved by Council on 7/21/25 (and not yet signed). BACKGROUND The City has identified the need for specialized scientific and natural resources expertise to complete planning and regulatory projects necessary to protect the City's critical areas and natural environment. The two types of projects, listed below, will be initiated and authorized by separate, individual Task Orders approved by the DCD Director or Mayor: • On -Call Planning Services — These on -call tasks provide for peer review of critical area studies submitted by applicants, including wetland delineations, habitat assessments, and mitigation plans. The services will also include consultant support for the Critical Area Designation permit, including initial site reconnaissance, preparation of a reconnaissance report, and development of a cost estimate for any additional study or delineation work requested by the applicant. Task orders for on -call planning services are applicant driven, meaning any work undertaken by the consultant will be because an applicant applied for a permit and paid the required permit fee to cover the consultant's cost to participate in the project. The documentation of the task orders will be retained with applicable permit records. • Critical Area Ordinance (CAO) Update Development and Associated Tasks Relating to Salmon Recovery through Local Planning — The scope of work for this task is being developed in coordination with the Washington Departments of Commerce and Ecology. The scope of the work is intended to assist the City in developing the update to the City's CAO, and to provide guidance in the acquisition and implementation of enhanced Geographic Information System (GIS) which will allow analysis of Tukwila's tree canopy and natural resources. The task order for these services is revenue -backed and fully funded through a state grant. Once the scope of work is finalized in coordination with the state agencies, the DCD Director or Mayor will have authority to approve individual task orders for the consultant to prepare the grant deliverables. The documentation of the task order will be retained with the grant records and Critical Area Ordinance update records. 18 INFORMATIONAL MEMO Page 2 DISCUSSION This contract will enable the City to secure the scientific, urban planning, and environmental expertise needed to best address the City's compliance with GMA and align with numerous City Goals focused on the protection of Tukwila's natural environment and community health and safety. This request came before the Council in a previous form at the July 14, 2025, PCD meeting, and the July 21, 2025, Regular Council meeting. Because it is necessary to authorize the City to request on -call services sooner than later, and because the funding source for the services to be provided are totally revenue -backed, this revision to the contract is needed. Staff recommend that the DCD Director or the Mayor be authorized to sign the individual task orders determined to be consistent with this contract scope of services. FINANCIAL IMPACT The work to be completed by Facet under this grant, whether On -call services or Critical Area Ordinance, etc., are revenue -backed through permit fees or grant funds, respectively. RECOMMENDATION Staff recommend that the Council approve this contract with Facet NW for these revenue -back tasks. A proposed motion is as follows: "Authorize the Mayor to sign a contract with Facet NW for on -call planning and project services for the Critical Area Ordinance update and salmon recovery through Local Planning project, in an amount not to exceed $415,000 through December 31, 2028 (funding coming to the City)" ATTACHMENTS • Facet NW Inc Contract https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/CC Docs/2025 AGENDAS/2025 Agenda Packets/2025 COUNCIL - Agenda Packets/08-18-25 Work Session & Regular/8-18-25 Regular Council - FACET NW/FACET-NW Contract - InfoMemo (8-18-25).docx 19 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: PROFESSIONAL SERVICES AGREEMENT (Includes consultants, architects, engineers, accountants, and other professional services) THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and FACET NW Inc., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1 Project Designation. The Consultant is retained by the City to perform on -call planning services and project -related services as described on Exhibit A, and as specifically identified as directed by the City in written task orders. Collectively, the services described on Exhibit A, as well as any project specific assistance, are considered the "Services". 2. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2028, unless sooner terminated under the provisions hereinafter specified. The Services provided by the Consultant under this Agreement shall only commence upon written notice by the Development Services Director or designee, to the Consultant through a task order (which shall substantially conform to Exhibit B). 3. Payment. All Services provided by the Consultant shall be paid exclusively via applicant generated permit fees or allocated grant funding. A. Payment under any completed task order shall be based on the Consultant's hourly rate as set forth in Exhibit C. Upon 60 days' notice to City, Consultant may increase its hourly rate. B. The Consultant may submit vouchers to the City upon conclusion of any task order. Such vouchers will be checked by the City, confirmed that payment has either been received by an applicant or is reimbursable through allocated grant funding, and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. D. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments, unless otherwise stipulated in a task order. Copies shall be made available upon request. 4. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 5. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 20 6. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant'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 Consultant 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 Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant 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 Amounts and Scope of Insurance. Consultant 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. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability with limits no Tess than $2,000,000 per claim and $2,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. 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 CA revised May 2020 Page 2 21 than UlOSe required by this Contract O[whether any certificate Of iOSun8DC8 furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision' The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall beprimary insurance with respect tothe City. Any Insurance, aa|f-ineunanoe.orinsurance pool coverage maintained by the City nho|| be axoeaa of the Consultant's insurance and shall not b8contributed Orcombined with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with ocurrent �M. Best rating ofnot less than A:V||. E. Verification ofCoverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endoraementa, including but not necessarily limited to the additional insured endoraement, evidencing the insurance requirements ofthe Contractor before commencement ofthe work. Upon request bvthe City, the Consultant shall furnish certified copies of all required insurance po|ioiea, including endoraennenLs, required in this Agreement and evidence ofall subcontractors' coverage. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant 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 Consultant to correct the breaoh, immediately terminate the contract or, at its diecraUnn, procure or nanevv such insurance and pay any and all premiums in connection therewith, with any sums enexpended to be repaid tothe City ondemand, orot the sole discretion ofthe City, offset against funds due the Consultant from the City. 8. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this /\OrDernen1 Sh8|| be considered to Cne2ie the relationship Of employer and 9mp|0y88 between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not b8responsible for withholding O[otherwise deducting federal income tax Or S0CiG| security or for contributing to the state industrial insurance pnOgn8nn. otherwise assuming the duties Of an 8nnp|0y8r with n8SpeCf to the Consultant, Orany employee Ofthe Consultant. 8. Covenant AqainskContimqemtFees. The Consultant warrants that hehas not employed or [8t8iO8d any CO0p8Oy or p8rSOO' other than 8 bOO@fid8 80p|OyH8 VVO[hiOg SO|8|y for the Consultant, to solicit Orsecure this C0ntn3Ct. and that he has not paid or agreed to pay any company Or person, other than 8 bOn8fid8 8mp|0y89 working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, O[any other consideration contingent upon Or n88u|Ung from the Gvv8rd or making of this contract. For bn8GSh or violation of this warrant, the City shall have the right to annul this contract without liability, or in its diSCn8U0n to deduct from the COOtr@Ct price or consideration, or otherwise reCOVe[' the full amount Ofsuch fe0, commission, percentage, brokerage fee, gift, orcontingent fee. 10. Discrimination Prohibited' Contnactor, with regard to the work performed by it under this Agnaennent, will not discriminate on the grounds nfrace, na|iginn, cnoed, no|or, national origin. GQ8. VeLe[3O status, S8X, SCXU8| OriDDt8UOO' gender identity, OO8[it8| St8tUS. pO|iUC8| GMi|i@dOD' the presence of any diaabi|itv, or any other protected c|uee status under state or federal |avv, in the selection and retention of employees or procurement of materials or supplies. 11. Assiammmemt' The Consultant shall not sublet or assign any of the services Covered by this Agreement without the express written consent Ofthe City. CA revised May 2020 Page 22 12. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 13. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 14. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. 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. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 15. 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. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Dan Nickel Facet NW, Inc. 9706 4th Ave NE, Suite 300 Seattle, WA 98115 17. Conflict of Interest. The Consultant agrees that during the term of this Agreement, they shall not engage in any activity, employment, or business that creates an actual or potential conflict of interest with the interests of the City. A conflict of interest includes, but is not limited to, situations where the Consultant is reviewing work product for a private party that an employee of the Consultant prepared, or any other situation where the Consultant has a financial or personal interest that could improperly influence their judgment, decisions, or actions in the performance of their obligations under this Agreement. 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant 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 4 23 CITY OF TUKWILA: CONSULTANT: Thomas McLeod, Mayor Dan Nickel, Executive Vice President, Principal of Planning Date: Date: ATTEST/AUTHENTICATED: Andy Youn-Barnett, City Clerk APPROVDE AS TO FORM: Office of the City Attorney CA revised May 2020 Page 5 24 Exhibit A On -Call Planning Services The Consultant shall provide on -call support to the City for matters involving environmentally critical areas (ECAs) and shoreline regulations. This may include general technical consultation, code interpretation, peer review of third -party reports, and other environmental review assistance. For work associated with Critical Areas Designation (CAD) permits, the Consultant will conduct an initial reconnaissance -level site assessment to identify potential critical areas and buffers, and provide a written summary of findings. If further delineation, classification, or technical studies are warranted, the Consultant will prepare a scope to complete the work and cost estimate for City review. All costs for permit -related services are the responsibility of the applicant and will be collected by the City and paid to the Consultant. Critical Area Ordinance Update Development and Tasks related to Salmon Recovery through Local Planning Project Washington Departments of Commerce and Ecology grants The Consultant shall provide Services relating to the update of the City's Critical Areas Ordinance and for services relating to the Washington Departments of Commerce and Ecology Salmon Recovery through Local Planning grant. The grant will support both the CAO development and the acquisition of a Geographic Information System (GIS) data set that will enable the City to complete a greater level of analysis on the City's tree canopy and land cover conditions, and will provide insight into how well the critical area regulations and other city standards are protecting the City's natural habitats. The tasks will provide greater understanding of how City regulatory and programmatic efforts could be modified to deliver greater benefits to the entirety of the Tukwila community All costs for CAO update and Salmon Recovery project services to be completed by Facet will be paid through state grant funding. CA revised May 2020 Page 6 25 Exhibit B Task Order Example Form FACET On -Call Planning Task Order Request Task Order Name Task Order Reference # City Purchase Order # Scope of Services Under this Task Order, Facet will assist the City of Tukwila with the following scope of work: 1. Task 1 2. Task 2 3, Task 3 Estimated Budget Task # Task Name Estimated Cost 2 Total Payment Payment will be made on a monthly basis as outlined in the Tukwila Planning On -Call contract, Schedule Completion of these tasks by: Enter date or more detailed schedule here. SEATTLE I KIRKLAND I MOUNT VERNON I WHIDBEY SLAND I FEDERAL WAY I SPOKANE facetnw.corn CA revised May 2020 Page 7 26 Authorization Facet City of Tukwila Dan Nickel Date Date Principal of Planning DCD Director/Mayor FACET CITY OF l',IEDINA ON-CALI PLANNNG TASK ORI)Eft [ENTER NAME/NIJMBERI CA revised May 2020 Page 8 27 Exhibit C Facet Category Rates (2025) FACET CATEGORY RATES Issued Date: 03/21/2025 Effective Through: 12/31/2025 Category Title Hourly Billing Rate Accounting Billing Clerk $104 Accounting Billing Coordinator $120 Adminrstrative Assistant $103 AdmiNstrative Assistant Coordinat ar $114 Arborist 1 $1125 Arbonst 2 $146 Arboast 3 $157 Arboast 4 $163 A [-boast 5 $179 Arbon& 6 $205. Arborist 7 $221 Arborist 8 S293 Busines3 Development Coordinator $145 Business Development Marketing Manager $145 Director of Operations S306 Ecological Designerl $150 Ecological Designer 2 $162 Ecological Designer 3 $174 Ecological Designer 4 $186 Ecological Designer 5 $191 Ecological Designer 6 S206 Ecolog lea I Designer 7 1221 Ecological Designer 8 5236 Ecologist 1 $4135 Ecologist 2 $148 * HOURLY RATES ARE BILLED AT THE POSTED YEARLY RATE WHICH IS UPDATED ON JANUARY 1ST OF EACH YEAIL CLIENT WILL BE NOTIFIED OF UPDATED RATES PRIOR TO JANUARY BILLING. SEATTLE I KIPKLAND MOUNT VERNON I WHIDBEY ISLAND FEDERAL WAY I SPOKANE facetnw.com CA revised May 2020 Page 9 28 Category Title Hourly Billing Rate •Ecologist 3 $157 Ecologist 4 $177 Ecologist 5• $200 Ecologist 6 $220 Ecologist 7 $230 Ecologist 8 $250 Engineeri $134 Engineer 2 $157 Engineer 3 $206 Engineer 4 $215 Engineer 5 $227 Engineer 6 $278 Engineer 7 $319 EnOneer 8• $328 Engineer Tech -1 $103 Engineer Tech 2 $115 EngineerTech •3 $137 Engineer Tech 4 $155 Engineer Tech 5 $170 Engineer Tech 6 $176 Engineer Tech 7 $201 Engineer] ech 8 $224 Rnance Manager $221 Fisheries•BioloOst 1 $147 Fisheries Biologist 2 $162 Fisheries Biologist 3 $177 Elsheries Biologist 4 $192 Fisheries Biologist 5 $207 Fisheries Biologist 6 $21.. Fisheries Biologist 7 $228 •Fisheries Biologist 8 $243 GIS Analyst 1 $110 * HOURLY RATES ARE BILLED AT THE POSTED YEARLY RATE WHICH IS UPDATED ON JANUARY 1ST OF EACH YEAR. CLIENT WILL BE NOTIFIED OF UPDATED RATES PRIOR TO JANUARY BILLING. FACET FACET CATEGORY RATES / 2 CA revised May 2020 Page 10 29 Category Title Hourly Billing Rate CIS Analyst 2 $125 GIS Analysl 3 $136 CIS Analyst 4 $175 GIS Analyst 5 $177 GIS Analyst 6 $181 GIS•Analyst 7 $217 GIS Analyst 8 $235 Graphics Designer 4 $136 Human Resources Generalist $117 Human Resources Manager $163 Hydrogeologist $215 ntern-1 $93 Landscape Arc:lilted:1 $121 Landscape Architect 2 $136 Landscape .Architect .3 $159 Landscape Architect A $175 Landscape Architect 5 $210 Landscape Architect 6 $23'1 Landscape Architect 7 $266 Landscape .Architect 8 $328 Landscape Designer 1 $134 Landscape Designer 2 $143 Landscape Designer 3 $151 Landscape Designer 4 $175 Landscape Designer 5 $204 Landscape Designer 6 $220 Landscape Designer 7 $257 Landscape Designer 8 $328 Marketing Coordinator $133 Plannerl $115 Planner•2 $127 Planner 3 $151 * HOURLY RATES ARE BILLED AT THE POSTED YEARLY RATE WHICH IS UPDATED ON JANUARY 1ST OF EACH YEAR. CLIENT WILL BE NOTIFIED OF UPDATED RATES PRIOR TO JANUARY BILLING. FACET FACET CATEGORY RATES / 3 CA revised May 2020 Page 11 30 Category Title Hourly Billing Rate Pianner 4 $178 Planner 5 $194 Planner 6 $231 Planner 7 $241 Planner 8 $328 Prindpal 1 $232. Pencipal 2 $243 Principal 3 $26S Principa 4 $309 Pencipal 5 $343 Pencipa[ 7 $343 •POncipal 8 $343 Project/Contract Administrator $14'9 Restoration Speciaist $200 * HOURLY RATES ARE BILLED AT THE POSTED YEARLY RATE VVHICH IS UPDATED ON JANUARY 1ST OF EACH YEAR. CLIENT WILL BE NOTIFIED OF UPDATED RATES PRIOR TO JANUARY BILLING. FACET FACET CATEGORY RATES ..4. CA revised May 2020 Page 12 31 32 Thomas McLeod, Mayor TO: Mayor's Office - Marty Wine, City Administrator The city of opportunity, the community of choice Mayor McLeod Councilmembers FROM: Marty Wine, City Administrator DATE: August 12, 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 • Meeting with Sound Transit: Director Tetatzin met with Sound Transit staff on July 25 to discuss the City's role in coordinating the design of the future infill light rail station near Boeing Access Road. • Meeting with Tukwila School District: On July 28 Public Works staff met with facilities staff from the Tukwila School District to discuss waste collection in the upcoming school year. • Economic Development Roundtable: Economic Development staff participated in an economic development roundtable on July 28 hosted by Congressman Adam Smith and Port of Seattle Commissioner Hasegawa. Participants included economic development staff from the Port and cities in Congressman Smith's district. • Joint Letter to King County Flood Control District: On July 30 Mayor McLeod partnered with the cities of Kent and Renton to submit a letter to the King County Flood Control District requesting prioritization of the Desimone Levee repair project. The project has been scored as a high priority for future design funding cycles. • Regional Mobile Integrated Health Meeting: Mayor McLeod and Director Miles participated in a Puget Sound Fire Regional Mobile Integrated Health meeting with Congressman Adam Smith held at Fire Station 52 on July 30. • Meeting with Seattle Parks Foundation: Parks and Recreation staff met with the Seattle Parks Foundation (SPF) staff to discuss potential fundraising efforts for additional capital projects and assets related to the TCC Riverside Campus and/or TCC/Joseph Foster Memorial Park Turf Field Conversions. Staff will continue to work with SPF staff to determine if a capital campaign is viable for certain aspects of the project(s). Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 33 City Administrator's Report August 12, 2025 Page 2 II. Community Events • Seattle Southside Chamber of Commerce Event: On July 23 Labor Standards Staff met with local business owners and operators at a Seattle Southside Chamber of Commerce event to educate employers about Tukwila's minimum wage requirements and share information about a new King County Minimum Wage Lookup Tool. Employers were provided with instructions for using the tool, which requires a physical address or click on the map, to return the minimum wage jurisdiction name and link to their web page. • Green Tukwila Restoration Events: The Green Tukwila Partnership continues to support the health of Tukwila's natural environment, hosting the following two restoration events: o Upper Duwamish River Boat Cleanup on July 26 at Codiga Park o Walk & Talk, Litter Cleanup at Bicentennial Park on July 31 • Parks & Recreation Events: Parks & Recreation hosted three events in the past week. o On August 3 the Tukwila Farmers Market was held at the Tukwila Community Center with approximately 375 visitors. o Peanut Butter & Jam was held on August 7 with the breaking crew Massive Monkees offering a hip -hop dance workshop and performance. 80 children were in attendance. o On August 8 Movies in the Park included the School of Rock House Band and screened the movie School of Rock. 120 were in attendance. • Infraday PNW: Director Tetatzin will be participating in a panel at Infraday PNW in Seattle on August 19 to discuss how multi -modal transportation projects can benefit and impact communities. • Community Volunteers Needed: Outreach is coming soon to recruit community volunteers for the KABOOM! Build Day being held on September 27 at Duwamish Park to build new play structures. M. Staff Updates Public Safety • National Night Out Against Crime: The Police Department facilitated 15 community events for Night Out Against Crime that took place on August 5. Mayor McLeod, Council President Sharp, Councilmembers Abdi, Martinez, Papyan and Seal, King County Councilmember Quinn, City Administrator Wine, and many City staff members joined the Police Department in connecting with the community events. Project Updates • Annual Comprehensive Financial Report (ACFR): The 2024 Annual Comprehensive Financial Report (ACFR) is now available on the City's external website. This report offers an in-depth look at the City of Tukwila's financial condition as of the end of the 2024 fiscal year and is especially valuable for government officials and administrators as they make budgeting and policy decisions and assess the City's long-term financial health. The ACFR is also a key resource for credit rating agencies, investors, and bondholders, offering critical data to evaluate the City's creditworthiness and financial stability. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 34 City Administrator's Report August 12, 2025 Page 3 • TCC Riverside Campus and Canoe Launch Project: Parks & Recreation staff had a kickoff and walkthrough meeting with team members from the Berger Partnership, Shannon & Wilson, and KPFF for the TCC Riverside Campus and Canoe Launch project. The team discussed design steps, drafted project milestones, and began the transfer of data and documents necessary for planning and design. 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 August 20, 2025. 2 resident position terms expire March 31, 2026. No vacancies. • Civil Service Commission: The next meeting is scheduled for August 21, 2025. 1 resident position term expires March 31, 2026. No vacancies. • COPCAB: The next meeting is scheduled for August 14, 2025. 3 resident position terms expire March 31, 2026. VACANT: 1 Business Position and Student Representative. • Equity & Social Justice Commission: The next meeting is scheduled for September 4, 2025. 1 City Employee position term expires March 31, 2026. 2 Education position terms expire March 31, 2026. 1 Community position term expires March 31, 2026. No vacancies. • Human Services Advisory Board: The next meeting is scheduled for August 21, 2025. 1 Resident position term expires March 31, 2026. 1 School District position term expires March 31, 2026. 1 Medical/Health position term expires March 31, 2026. No vacancies. • Library Advisory Board: The next meeting is scheduled for September 2, 2025. 3 Resident position terms expire March 31, 2026. VACANT: Student Representative. • Lodging Tax Advisory Committee: The next meeting is scheduled for September 12, 2025. All positions are 1-year terms. VACANT: 1 Business Collecting Tax Representative • Park Commission: The next meeting is scheduled for August 13, 2025. 2 Community position terms expire March 31, 2026. VACANT: Student Representative. • Planning Commission: The next meeting is scheduled for August 28, 2025. No vacancies. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 35 City Administrator's Report August 12, 2025 Page 4 IV. Responses to Council/Community Inquiries Date of Inquiry Inquiry Response July 14, 2025 Councilmember Papyan asked for information about short term rental regulation and potential approaches, especially with regard to revenue. On August 4 an email response indicated that all whole unit rentals are subject to existing rental licensing requirements. July 28, 2025 Council President Sharp asked the cost of speed cushions and how does a project get added to Neighborhood Traffic Calming Project. Public Works will present the 2025 Traffic Calming Program in Q4 which will include an evaluation of all requests received, recommendations for the highest scoring initiatives, cost estimates and constraints for installing speed bumps. August 4, 2025 Councilmember Seal asked if the city still has the "Adopt a Spot" Program to provide opportunities for the community to help clean up parks. The City still has the program. Information can be found at: https://www.tukwilawa.gov/departments/parks- and-recreation/volunteering/adopt-a-spot/ Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 36 Tentative Agenda Schedule MEETING 1 — REGULAR MEETING 2 — C.O.W. MEETING 3 — REGULAR MEETING 4 — C.O.W. AUGUST 4 See below links for the agenda packets to view the agenda items: August 4, 2025 Work Session - Cancelled August 4, 2025 Regular Meeting AUGUST 11 See below links for the agenda packets to view the agenda items: August 11, 2025 Committee of the Whole Meeting AUGUST 18 See below links for the agenda packets to view the agenda items: August 18, 2025 Work Session August 1$, 2025 Regular Meeting AUGUST 25 PUBLIC HEARING - Ordinance updating cannabis regulations. SPECIAL ISSUES - Ordinance updating cannabis regulations. Special Meeting to follow Committee of the Whole Meeting. CONSENT AGENDA - Bid Award for Gilliam Creek Culvert Erosion Repair. - Bid Award for 2025 Annual Small Drainage. MEETING 1— ' REGULAR MEETING 2 — C.O.W. MEETING 3— REGULAR MEETING 4 — C.O.W. SEPTEMBER 1 WORK SESSION Work Session cancelled. REGULAR MEETING Regular Meeting cancelled. SEPTEMBER 8 SPECIAL ISSUES - Ordinance adopting the 2026 Park Impact Fee Rate. - Ordinance adopting the 2026 Fire Impact Fee Rate. Special Meeting to follow Committee of the Whole Meeting. CONSENT AGENDA - Grant Award from WSDOT for Commute Trip Reduction (CTR) for 2025-2027. - Grant Award for Transportation Demand Management (TDM) Regional Mobility Grant Program for 2025-2029. - Amendment #2 to Agreement with King County for Transportation Demand Management (TDM). - Amendment #2 to Contract #24- 070 with KPG Psomas for Traffic Signal Assessment and Repair Recommendations, in the amount of $59,876.00 (bringing Amendment Nos. 1 & 2 over $60,000.00). - Amendment to Contract for Chinook Wind Extension. - Ordinance adopting the 2026 Park Impact Fee Rate. - Ordinance adopting the 2026 Fire Impact Fee Rate. UNFINISHED BUSINESS - Ordinance updating cannabis regulations. SEPTEMBER 15 WORK SESSION REGULAR MEETING CONSENT AGENDA - Resolution authorizing the cancellation of outstanding General Fund Claims Checks. - Resolution adopting the Comprehensive Emergency Management Plan. Amendment to Interlocal Agreement with VNET. SEPTEMBER 22 SPECIAL ISSUES - Development Agreement with Prato District. Special Meeting to follow Committee of the Whole Meeting. 37