HomeMy WebLinkAboutCOW 2025-01-27 COMPLETE AGENDA PACKETTukwila City Council Agenda
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❖ COMMITTEE
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1905
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Thomas McLeod, Mayor Counci/members: ❖ De'Sean Quinn + Mohamed Abdi
Marty Wine, City Administrator ❖ Armen Papyan ❖ Jovita McConnell
Tosh Sharp, Council President + Dennis Martinez + Hannah Hedrick
ON -SITE PRESENCE:
TUKWILA CITY HALL
COUNCIL CHAMBERS
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Monday, January 27, 2025; 7:00 PM ❑ Ord #2754 ❑ Res #2108
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE
2. LAND
ACKNOWLEDGEMENT
The City of Tukwila is located on the ancestral lands of the Coast Sa/ish people.
We acknowledge their continuing connections to /and, 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 Council both
on -site at Tukwila City Hall or via phone or Microsoft Teams for up to 5 minutes for
items both on and not on the meeting agenda.
To provide comment via phone or Microsoft Teams, please email
citycouncil@tukwilawa.gov with your name and topic by 5:00 PM on the meeting date.
Please clearly indicate that your message is for public comment during the meeting,
and you will receive further instructions.
4. SPECIAL ISSUES
a. Ordinance adopting Franchise Agreement with Intermountain
Infrastructure Group (IIG).
b. 2025 City Council and Mayor Participation on External Boards,
Committees and Commissions.
Pg. 1
Pg. 51
5. REPORTS
a. Mayor
b. City Council
c. Staff
6. MISCELLANEOUS
7. EXECUTIVE SESSION
8. ADJOURN TO SPECIAL MEETING
COMMITTEE OF THE WHOLE MEETING
January 27, 2024
Page 2
❖ SPECIAL MEETING ❖
■ Ord #2754 • Res #2108
1. CALL TO ORDER / ROLL CALL
2. CONSENT AGENDA
a. Approval of Minutes: 1/6/25 (Regular Mtg)
b. Approval of Vouchers
3. NEW BUSINESS
a. Authorize the Mayor to sign a Collective Bargaining Agreement
with Teamsters Local Union #117 for Commissioned Police Officers
for the period January 1, 2025 through December 31, 2027.
pg.57
4. EXECUTIVE SESSION
5. ADJOURNMENT
This agenda is available
at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Meetings are audio
& videotaped.
Lgl.►.,`,e�..,, If you are in need of translation or interpretation services at a Council meeting,
Virr 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/
COUNCIL AGENDA SYNOPSIS
nitiais
Meeting Date
Prepared by
Mayor's review
Council review
01/27/25
ESC
02/03/25
ESC
ITEM INFORMATION
ITEM No.
4.A.
STAFF SPONSOR: ERIC COMPTON
ORIGINAL. AGENDA DATE: 01/27/25
AGENDA ITEM TITLE Ordinance Granting a Non -Exclusive Franchise Agreement with Intermountain
Infrastructure Group
CATEGORY ❑ Discussion
Mt p Date
❑ Motion
Mtg Date
❑ Resolution
Mtg Date
® Ordinance
Mtg Date 01/27/25
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
bltg Date
SPONSOR ❑ Council ❑ Mayor ®Adtnin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW
SPONSOR'S
SUMMARY
Intermountain Infrastructure Group (IIG) provides backbone internet services across the
Western United States. Council is being asked to approve the new ordinance for the
franchise agreement that will allow IIG to expand their network into Tukwila and provide
competition for local internet service providers.
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. Technology and Innovation Services / Joel Bush
COMMII"IEE Unanimous Approval; Forward to Regular Meeting
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
$0
AMOUNT BUDGETED
$o
APPROPRIATION REQUIRED
$o
Fund Source: NO FUNDING REQUIRED
Comments: Under the terms of the Franchise, IIG is required to pay the City a $5000 administrative fee.
MTG. DATE
RECORD OF COUNCIL ACTION
01/27/25
02/03/25
MTG. DATE
ATTACHMENTS
01/27/25
Informational Memorandum dated 01/08/25
Draft Ordinance
02/03/25
1
2
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: City Council, Committee of the Whole
FROM: Joel Bush, Chief lnofrmation Officer
BY: Eric Compton, Franchise Analyst
CC: Thomas McLeod
DATE: 01/08/2025
SUBJECT: Franchise Agreement with Intermountain Infrastructure Group
ISSUE
Approve and ordinance granting Intermountain Infrastructure Group (IIG) a new Franchise
Agreement with a term of five (5) years.
BACKGROUND
State law provides cities the authority to establish franchises to telecommunication providers
who wish to occupy city owned rights -of -way. Tukwila Municipal Code 11.32.060 requires all
telecommunication providers to obtain franchise agreements with the City prior to approval to
construct, maintain and operate within the City limits.
DISCUSSION
Intermountain Infrastructure Group provides backbone internet services across the Western
United States and is looking to expand their network into Tukwila.
FINANCIAL IMPACT
Under the terms of the Franchise, IIG is required to pay the City a $5000 administrative fee.
RECOMMENDATION
Council is being asked to approve the Ordinance granting Intermountain Infrastructure Group a
Franchise Agreement and consider this item at the January 27, 2025 Committee of the Whole
and subsequent February 3, 2025 Regular Meeeting.
ATTACHMENTS
Draft IIG Telecom Franchise Agreement
3
4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, GRANTING I ERMOUNTAIN
INFRASTRUCTURE GROUP, LLC, AND AFFILIATES,
SUCCESSORS AND ASSIGNS, THE T, PRIVILEGE,
AUTHORITY AND NONEXCLUSI F' CHISE TO
CONSTRUCT, MAINTAIN, OPE: E, RE CE, AND
REPAIR A TELECOMMUNICATI • NE ORK I , ACROSS,
OVER, ALONG, UNDER, THRO • BELOW CERTAIN
DESIGNATED PUBLIC RIGHTS- • AY IN THE CITY;
PROVIDING FOR SEVERESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, Intermountain a- ctur>(Group, LLC ("Franchisee") has requested
that the City Council grant i ew excl ve franchise, and
WHEREAS, the C. - nc -s the authority to grant franchises for the use of its
streets and other p rsuant to RCW 35A.47.040.
NOW, THERE ' , TH' CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HER • ' iAINS AS FOLLOWS:
Section 1. Franchise. The franchise agreement, attached and incorporated herein as
Attachment A, is hereby approved and adopted by the City Council. The term of the
franchise shall be for five (5) years, commencing on the date the last party executes the
franchise.
Section 2. Terms & Conditions. The terms and conditions governing the franchise
specified in Section 1 shall be those set forth on Attachment A to this Ordinance and
incorporated herein by this reference as if set forth in full.
Section 3. Deadline for Acceptance. The rights and privileges granted pursuant to
this Ordinance shall not become effective until its terms and conditions are accepted by
Intermountain Infrastructure Group, LLC. Such acceptance shall contain any required
letter of credit, evidence of insurance, all applicable fees pursuant to Section 14 of the
2025 Legislation: IIG Franchise Agreement
Version: 01/15/2025
Staff: E. Compton
Page 1 of 2
5
Franchise, and shall be filed with the City Clerk within sixty (60) days after the effective
date of this Ordinance. Such instrument shall conform substantially to Attachment B, and
evidence the unconditional acceptance of the terms hereof and a promise to comply with
and abide by the provisions, terms and conditions hereof.
Section 4. 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 5. 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 mpetent jurisdiction, such
invalidity or unconstitutionality shall not affect the vali► i or constitutionality of the
remaining portions of this ordinance or its application t• other person or situation.
Section 6. Effective Date. This ordinance or ummary . reof shall be published
in the official newspaper of the City, and shall a effgct and : in full force five days
after passage and publication as provided by I
PASSED BY THE CITY COUNCIL E CIF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this , 2025.
ATTEST/AUTHENTICATED:
Andy You
Jerk Thomas McLeod, Mayor
APPROVED AS TO FO Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
Attachments: Exhibit A — Intermountain Infrastructure Group, LLC, Franchise Agreement
Exhibit B — Intermountain Infrastructure Group, LLC,
Statement of Acceptance
2025 Legislation: IIG Franchise Agreement
Version: 01/15/2025
Staff: E. Compton
Page 2of2
6
ATTACHMENT A
[See attached.]
II‘
?<(
8
TELECOMMUNICATIONS FRANCHISE
Between
CITY OF TUKWILA, WASHINGTON
and
Intermountain Infrastructure Group, LLC
This Telecommunications Franchise is entered into by and between the City of Tukwila,
Washington a municipal corporation, hereinafter ("the City") and Intermountain
Infrastructure Group, LLC who is hereinafter known as ("IIG" or "Franchisee"). The City
and Franchisee are sometimes referred to hereinafter collectively as the "parties."
Section 1. Franchise Granted.
Section 1.1. Pursuant to RCW 35A.47.040, q - City eby grants to IIG a non-
exclusive franchise (the "Franchise") under th o rms . nd conons contained in this
franchise ordinance (the "Franchise Ordinance
Section 1.2. This Franchise gra - • chis- e right, privilege, and authority
to construct, operate, maintain, replace, r-, -II, lease and use all necessary
Facilities for a telecommunicat'' n: ork, under, on, across, over, through, along or
below the public Rights -of- lo- - City of Tukwila, as approved pursuant to
City permits issued p t• is Franchise and in accordance with all applicable
federal, state, and
(a) "Facilitie .s u- . in this Franchise means one or more elements of
Franchisee's telec• unications network, with all necessary cables, wires,
conduits, ducts, pedestals, antennas, electronics, and other necessary
appurtenances; provided that placement by Franchisee of new utility poles is
specifically excluded unless otherwise specifically approved by the City.
Equipment enclosures with air conditioning or other noise generating equipment
are also excluded from "Facilities," to the extent such equipment is located in
zoned residential areas of the City. For the purposes of this Franchise the term
Facilities excludes "microcell" facilities, "minor facilities," "small cell facilities," all as
defined by RCW 80.36.375, and "macrocell" facilities, including towers and new
9
base stations and other similar facilities (except for fiber optic cables) used for the
provision of "personal wireless services" as defined by RCW 80.36.375.
(b) Public "Rights -of -Way" means land acquired or dedicated to the public or
that is hereafter dedicated to the public and maintained under public authority,
including, but not limited to, public streets or roads, highways, avenues, lanes,
alleys, bridges, sidewalks, utility easements and similar public property located
within the franchise area but does not include: State highways; land dedicated for
road, streets, highways not opened and not improved for motor vehicle use by the
public; structures including poles and conduits located within the right-of-way;
federally granted trust lands or forest board trust I. .s; lands owned or managed
by the State Parks and Recreation Commissi• ' e• .Ily granted railroad rights -
of -way acquired under 43 USC § 912 and r- , ed provis of federal law that are
not open for vehicular use; or leaseholned property to which the City
holds fee title or other title and which is uti d for park, utility or a governmental
or proprietary use (for example, ' - o City -owned physical facilities,
parks, poles, conduits, fixtu - real '-rty • property rights owned or leased by
the City not reserved furposes).
Section 2. Authority Limite • cup. • n of the Public Rights -of -Way
Section 2.1.
authorization to occ
Area"). No right to in
nted pursuant to this Franchise is a limited
the Rights -of -Way throughout the City (the "Franchise
y facility, infrastructure, wires, lines, cables, or other
equipment, on any City property other than a Right -of -Way, or upon private property
without the owner's consent, or upon any public or privately owned utility poles or conduits
is granted herein. Franchisee hereby represents that it expects to provide the following
services within the City: high speed data and fiber optic services, internet protocol -based
services, internet access services, conduit and dark fiber leasing, telephone, data
transport and other telecommunications and information services (the "Services").
Nothing contained herein shall be construed to grant or convey any right, title, or interest
in the Rights -of -Way of the City to the Franchisee other than for the purpose of providing
the Services, nor to subordinate the primary use of the Right -of -Way as a public
10
thoroughfare. Franchisee may not offer Cable Services as defined in 47 U.S.C. § 522(6)
or personal wireless services, without obtaining a new franchise or an amendment to this
Franchise approved by the City Council.
Section 2.2. Notwithstanding the existence of this Franchise, the installation,
construction, maintenance, use, operation, replacement and removal by Franchisee of
any one or more Franchise Facilities will be subject to all applicable provisions of Title 11
TMC, including, but not limited to, the City's Infrastructure, Design, and Construction
Standards, adopted by the City's Public Works Department of Public Works, the terms
and conditions of City right-of-way use permits issued pursuant to Title 11 TMC, the terms
and conditions of City building permits issued pursuantitle 16 TMC, and all other
applicable laws, rules and regulations.
Section 2.3. Franchisee shall have the r'' , without pr1 ity approval, to offer
or provide capacity or bandwidth to its custome •n- . ent with this Franchise, provided:
(a) Franchisee at all tim -tains - clusive ownership over its
telecommunications system, Facile ices and remains responsible for
constructing, installing, .y intai g its Facilities pursuant to the terms and
conditions of this Fra
(b) Franchis
than any rig
other commer
this Franchise ma
ant rights to any customer or lessee that are greater
pursuant to this Franchise, provided that leases or
ents for the use of the Facilities installed pursuant to
nd beyond the term of the Franchise;
(c) Such customer or lessee shall not be construed to be a third -party
beneficiary under this Franchise; and
(d) No such customer or lessee may use the telecommunications system or
Services for any purpose not authorized by this Franchise, unless such rights are
otherwise granted by the City.
Section 3. Non -Exclusive Franchise.
Section 3.1. This Franchise is granted to the Franchisee upon the express
condition and understanding that it shall be a non-exclusive Franchise which shall not in
11
any manner prevent or hinder the City from granting to other parties, at other times and
under such terms and conditions as the City, in its sole discretion, may deem appropriate,
other franchises or similar use rights in, on, to, across, over, upon, along, under or through
any Public Rights -of -Way. Additionally, this Franchise shall in no way prevent, inhibit or
prohibit the City from using any of the roads, Public Rights -of -Way or other public
properties covered or affected by this Franchise, nor shall this Franchise affect the City's
jurisdiction, authority or power over any of them, in whole or in part. The City expressly
retains its power to make or perform any and all changes, relocations, repairs,
maintenance, establishments, improvements, dedications, or vacations of or to any of the
roads, Public Rights -of -Way or other public properties vered or affected by the
Franchise as the City may, in its sole and absolute • ion, deem fit, including the
dedication, establishment, maintenance and/or i oveme new Public Rights -of -
Way, thoroughfares and other public propertie everytype an• escription.
Section 4. Term; Early Termination.
Section 4.1. The initial term of th
(the "Initial Term"), beginning on
the date that is one day prior
Expiration Date"), unless
provisions of this Fr
Section 4.2.
automatically renew on
sh I be for a period of five (5) years
ate of the Franchise, and continuing until
ary of the Effective Date (the "Initial Term
, revoked or modified pursuant to the
ise granted by this Franchise Ordinance shall
anniversary of the Effective Date with the same terms
and conditions as set forth in this Franchise, for one (1) additional five (5) year (the
"Renewal Term," and, together with the Initial Term, the "Term"), unless either party
provides one hundred twenty (120) days written notice to the other party to request an
amendment to the Franchise.
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Section 5. Location of Facilities.
Section 5.1. Franchisee is maintaining a telecommunications network, consisting
of Facilities within the City. Franchisee may locate its Facilities anywhere within the
Franchise Area consistent with the City's Infrastructure, Design and Construction
standards and the Tukwila Municipal Code and subject to the City's applicable permit
requirements. Franchisee shall not commence any construction or other similar work
within a Public Right -of -Way until (i) a right-of-way use permit authorizing such work has
been issued by the City pursuant to Title 11 TMC for a site -specific location or installation,
including, but not limited to, relocations, and (ii) if required by Title 16 TMC, a building
permit authorizing such work has been issued by the City
Section 5.2. To the extent that any Rights-o
part of the state highway system ("State Highwa , a
the City and are governed by the provisions
Washington State Department of Transpation (
comply fully with said requirements in a
regulations. Franchisee specific
y the Franchise Area are
managed access by
ter 47.24 RCW and applicable
OT) regulations, Franchisee shall
rdinances and other applicable
(a) any pavement -' : r,-toration performed by Franchisee within
State Highways s. - m •r exceed applicable WSDOT requirements;
(b) any
restored, repa
exceeds applicabl
ghway damaged or injured by Franchisee shall be
replaced by Franchisee to a condition that meets or
OT requirements; and
(c) without prejudice to any right or privilege of the City, WSDOT is authorized
to enforce in an action brought in the name of the State of Washington any
condition of this Franchise with respect to any portion of a State Highway.
Section 6. Relocation of Facilities
Section 6.1. The Franchisee agrees and covenants that, upon reasonable notice,
it will promptly, at its sole cost and expense, protect, support, temporarily disconnect,
relocate, or remove from any Public Right -of -Way any portion of the Franchisee Facilities
when so required by the City due to any of the following reasons: (i) traffic conditions,
13
(ii) public safety, (iii) dedications of new rights -of -way and the establishment and/or
improvement thereof, (iv) widening and/or improvement of existing rights -of -way,
(v) right-of-way vacations, (vi) freeway construction, (vii) change or establishment of road
grade, or (viii) the construction of any public improvement or structure by any
governmental agency acting in a governmental capacity; PROVIDED that the Franchisee
shall generally have the privilege to temporarily bypass, in the authorized portion of the
same Public Right -of -Way, upon approval by the Public Works Director, any Franchisee
Facilities required to be temporarily disconnected or removed. The provisions of this
Section 6 apply to all Franchisee Facilities wheresoever situated within any Public Right -
of -Way, regardless of whether the Franchisee Facility at ' e was originally placed in
such location under the authority of an easement or . •roperty interest prior to the
property becoming a Public Right -of -Way. For the idance • •ubt, such projects shall
include any Right -of -Way improvement project en if e projec entails, in part, related
work funded and/or performed by or for a third pa ovided that such work is performed
for the public benefit, and not primarily - ben f a private entity, and shall not
include, without limitation, any other imp - repairs undertaken by or for the
sole benefit of third party priva -n -s. 1 lectively all such projects described in this
Section 6.1 shall be conside a • ct". Except as otherwise provided by law,
the costs and expense - - •ci. with relocations or disconnections ordered pursuant
to this Section 6.1 be bo by . nchisee. Nothing contained within this Franchise
shall limit Franchise- -bility t• eek reimbursement for relocation costs when permitted
by RCW 35.99.060.
Section 6.2. Upon the request of the City and in order to facilitate the design of
City improvements to Public Rights -of -Way, Franchisee agrees, at its sole cost and
expense, to locate and, if reasonably determined necessary by the City, to excavate and
expose, at its sole cost and expense, portions of the Franchisee Facilities for inspection
so that the location of the facilities may be taken into account in the Public Project design;
PROVIDED, that Franchisee shall not be required to excavate and expose the Franchisee
Facilities for inspection unless Franchisee's record drawings and maps of the Franchisee
Facilities submitted pursuant to Section 13 of this Franchise are reasonably determined
by the Public Works Director to be inadequate for the City's planning purposes. The
14
decision to require relocation of any Franchisee Facilities in order to accommodate Public
Projects shall be made by the Public Works Director upon review of the location and
construction of the Franchisee Facilities at issue. Where the City incurs additional costs
in performing any maintenance, operation, or improvement of or to public facilities due to
measures taken by the City to avoid damaging or to otherwise accommodate one or more
Franchisee Facilities, Franchisee shall reimburse the City for the full amount of such
additional costs promptly upon receiving the City's invoice for same.
Section 6.3. Any condition or requirement imposed by the City upon any person
or entity (including, without limitation, any condition or requirement imposed pursuant to
any contract or in conjunction with approvals for permits f ning, land use, construction
or development) which reasonably necessitates t r ation of any Franchisee
Facilities shall constitute a required relocation for poses of Section 6.
Section 6.4. If the City determines t t ublic Project necessitates the
relocation of Franchisee's Facilities, the .t sha vide Franchisee in writing with a
date by which the relocation shall be co • - - elocation Date") consistent with
RCW 35.99.060(2). In calcul- ' he •cation Date, the City shall consult with
Franchisee and consider the - ent o : cilitie o be relocated, the services requirements,
and the construction segue •r t e -location, within the City's overall project
construction sequen . n • st , ts, to safely complete the relocation, and the City
shall endeavor to p , • e Franc -ee at least sixty (60) days' notice prior to the Relocation
Date. Franchisee sha •m• the relocation by the Relocation Date, unless the City
or a reviewing court estashes a later date for completion, as described in RCW
35.99.060(2). To provide guidance on this notice process, the City will make reasonable
efforts to involve Franchisee in the predesign and design phases of any Public Project.
After receipt of the written notice containing the Relocation Date, Franchisee shall
relocate such facilities to accommodate the Public Project consistent with the timeline
provided by the City and at no charge or expense to the City. Such timeline may be
extended by a mutual agreement.
Section 6.5. If Franchisee fails to complete this work within the time prescribed
above and to the City's satisfaction, the City may cause such work to be done and bill the
15
cost of the work to Franchisee, including all costs and expenses incurred by the City due
to Franchisee's delay. In such event, the City shall not be liable for any damage to any
portion of Franchisee's Facilities. Within thirty (30) days of receipt of an itemized list of
those costs, Franchisee shall pay the City. In any event, if Franchisee fails to timely
relocate, remove, replace, modify or disconnect Franchisee's facilities and equipment,
and that delay results in any delay damage accrued by or against the City, Franchisee
will be liable for all documented costs of construction delays attributable to Franchisee's
failure to timely act. Franchisee reserves the right to challenge any determination by the
City of costs for construction delays related to an alleged failure to act in accordance with
this Section 6.5.
Section 6.6. Franchisee will indemnify, defenrmless, and pay the costs
of defending the City, in accordance with the prov ns of Sec 19 against any and all
claims, suits, actions, damages, or liabilities de on City construction projects
caused by or arising out of the failure of Franchis remove or relocate its Facilities in
a timely manner; provided, that Franchi of esponsible for damages due to
delays caused by circumstances . - and ' , on . of Franchisee or the negligence,
willful misconduct, or unreaso► • - • .y o e City or any unrelated third party.
Section 6.7. In the ev
welfare, or in the ev
in severe financia
Franchisee's Facilities,
specified by the City.
rgency posing a threat to public safety or
ncy beyond the control of the City which will result
s to the City, which necessitates the relocation of
ee shall relocate its Facilities within the time period
Section 6.8. The provisions of this Section 6 shall in no manner preclude or
restrict Franchisee from making any arrangements it may deem appropriate when
responding to a request for relocation of its Facilities by any person or entity other than
the City, where the facilities to be constructed by said person or entity are not or will not
become City -owned, operated, or maintained facilities, provided that such arrangements
do not unduly delay a City construction project.
Section 6.9. Whenever any person shall have obtained permission from the City
to use any Right -of -Way for the purpose of moving any building, Franchisee, upon thirty
16
(30) days' written notice from the City, shall raise, remove, or relocate to another part of
the Right -of -Way, at the expense of the person desiring to move the building, any of
Franchisee's Facilities that may obstruct the removal of such building.
Section 6.10. The provisions of this Section 6 shall survive the expiration,
revocation, abandonment or termination of this Franchise during such time as Franchisee
continues to have Facilities in the Rights -of -Way.
Section 7. Undergrounding of Facilities.
Section 7.1. Except as specifically authorized by permit of the City, Franchisee
shall not be permitted to erect poles. All Facilities sh
Franchisee acknowledges and agrees that if the City do
of its Facilities at the time of permit application, th
require the conversion of Franchisee's aeria
Franchisee's expense; provided that the City r
electrical utilities, with aerial facilities in
installation at the same time. Unless of
underground its Facilities in
development or subdivision
underground.
Section 7.2
utilities (other than el
of the City, Franchisee s
e installed underground.
require the undergrounding
t any time in the future,
cilitie to un•_ •round installation at
all other wireline utilities, except
a to c. ert such facilities to underground
tted by the City, Franchisee shall
elopments and subdivisions, and any
ther than electrical utilities, are currently
y may require the undergrounding of the aerial
es and personal wireless services facilities) in any area
nderground its aerial facilities in the manner specified by
the City, concurrently with and in the area of the other affected utilities. The location of
any such relocated and underground utilities shall be approved by the City. Where other
utilities are present and involved in the undergrounding project, Franchisee shall only be
required to pay its fair share of common costs borne by all utilities, in addition to the costs
specifically attributable to the undergrounding of Franchisee's own Facilities. "Common
costs" shall include necessary costs not specifically attributable to the undergrounding of
any particular facility, such as costs for common trenching and utility vaults. "Fair share"
shall be determined for a project on the basis of the number and size of Franchisee's
17
Facilities being undergrounded in comparison to the total number and size of all other
utility facilities being undergrounded.
Section 7.3. To the extent Franchisee is providing Services to personal wireless
services facilities, Franchisee shall adhere to the design standards for such personal
wireless services facilities, and shall underground its Facilities and/or place its Facilities
within the pole as may be required by such design standards. For the purposes of clarity,
this Section 7.3 does not require undergrounding or interior placement of Facilities within
the pole to the extent that the personal wireless services facilities are located on utility
poles that have pre-existing aerial wireline facilities and provided such construction of
Franchisee's Facilities continue to comply with Section 7. Section 7.2.
Section 7.4. Franchisee shall not remove a •nde Fund cable or conduit that
requires trenching or other opening of the Right -Wa along extension of cable to
be removed, except as provided in this Se . Franchisee may remove any
underground cable and other related lities fr the Right -of -Way that has been
installed in such a manner that it can be • it •ut trenching or other opening of
the Right -of -Way along the exte •f cap o be removed, or if otherwise permitted by
the City. Franchisee may re.' , e a nde •und cable from the Rights -of -Way where
reasonably necessary to rep . - pgr.• , or enhance its Facilities, or pursuant to
Section 6. When t ' i y er -s, in the City's sole discretion, that Franchisee's
underground Facili must b: emoved in order to eliminate or prevent a hazardous
condition, Franchisee 1 r- •ve the cable or conduit at Franchisee's sole cost and
expense. Franchisee mus .. • ply and receive a permit, pursuant to Section 9, prior to any
such removal of underground cable, conduit and other related facilities from the Right -of -
Way and must provide as -built plans and maps pursuant to Section 13.1.
Section 7.5. Both the City and Franchisee shall be entitled to reasonable access
to open utility trenches, provided that such access does not interfere with the other party's
placement of utilities or increase such party's actual costs. Franchisee shall pay to the
City the actual cost to the City resulting from providing Franchisee access to an open
trench, including without limitation the pro rata share of the costs to access the open
trench and any costs associated with the delay of the completion of a public works project.
18
The City shall pay to the Franchisee the incremental costs of providing such access to
the open trench.
Section 7.6. The provisions of this Section 7 shall survive the expiration,
revocation, abandonment or termination of this Franchise. Nothing in this Section 7 shall
be construed as requiring the City to pay any costs of undergrounding any of the
Franchisee's Facilities.
Section 8. Emergency Work/Dangerous Conditions.
Section 8.1. In the event of any emergency in which any of Franchisee's Facilities
located in or under any street endangers the property, life, .Ith or safety of any person,
or if Franchisee's construction area is otherwise in s ' condition as to immediately
endanger the property, life, health or safety • " any i 'dual, Franchisee shall
immediately take the proper emergency me- • es t• repair i Facilities, to cure or
remedy the dangerous conditions for the prote property, life, health or safety of
individuals without first applying for and . ing a . it as required by this Franchise.
However, this shall not relieve Franchise: o r uirement of obtaining any permits
necessary for this purpose, an. ise- all apply for all such permits not later than
the next succeeding day dur • - u ila City Hall is open for business. The City
retains the right and pri or move any Facilities located within the Rights -of -
Way of the City, in r- •onse -n .lic health or safety emergency.
Section 8.2. - City all not be liable for any damage to or loss of Facilities
within the Rights -of -Way result of or in connection with any public works, public
improvements, construction, grading, excavation, filling, or work of any kind in the Rights -
of -Way by or on behalf of the City, except to the extent directly and proximately caused
by sole negligence, intentional misconduct or criminal actions of the City, its employees,
contractors, or agents. The City shall further not be liable to Franchisee for any direct,
indirect, or any other such damages suffered by any person or entity of any type as a
direct or indirect result of the City's actions under this Section 8 except to the extent
caused by the sole negligence, intentional misconduct or criminal actions of the City, its
employees, contractors, or agents.
19
Section 8.3. Whenever the construction, installation or excavation of Facilities
conducted by Franchisee as authorized by this Franchise has caused or materially
contributed to a condition that appears to substantially impair the lateral support of the
adjoining street or public place, or endangers the public, an adjoining public place, street
utilities or City property, the Public Works Director may direct Franchisee, at Franchisee's
own expense, to take reasonable action to protect the public, adjacent public places, City
property or street utilities, and such action may include compliance within a prescribed
time. In the event that Franchisee fails or refuses to promptly take the actions directed
by the City, or fails to fully comply with such directions, or if emergency conditions exist
which require immediate action, before the City can timely ' tact Franchisee to request
Franchisee effect the immediate repair, the City may - pon the property and take
such reasonable actions as are necessary to prot: the pu • the adjacent streets, or
street utilities, or to maintain the lateral suppor ereo or reaso able actions regarded
as necessary safety precautions, and Franchise: . I be liable to the City for the costs
thereof.
Section 9. Work in the Ri • hts-o
Section 9.1. During
work performed by Franchise
workmanlike manne
free use of adjoinin
and maintain proper b
cation, construction or maintenance, all
ctors shall be accomplished in a safe and
'nterference with the free passage of traffic and the
ther public or private. Franchisee shall at all times post
, flags, flaggers, lights, flares and other measures as
required for the safety of a embers of the general public and comply with all applicable
safety regulations during such period of construction as required by the ordinances of the
City or the laws of the State of Washington, including RCW 39.04.180 for the construction
of trench safety systems.
Section 9.2. Whenever Franchisee shall commence work in any Rights -of -Way
for the purpose of excavation, installation, construction, repair, maintenance, or relocation
of its cable or equipment, it shall apply to the City for a permit to do so and, in addition,
shall give the City at least ten (10) working days prior notice (except in the case of an
emergency) of its intent to commence work in the Rights -of -Way. The City shall only
20
issue permits that are in compliance with the TMC and the City's generally applicable
design standards. During the progress of the work, the Franchisee shall not
unnecessarily obstruct the passage or proper use of the Rights -of -Way, and all work by
the Franchisee in the area shall be performed in accordance with applicable City
standards and specifications. In no case shall any work commence within any Rights -of -
Way without a permit, except as otherwise provided in this Franchise.
Section 9.3. If the Franchisee shall at any time plan to make excavations in any
area covered by this Franchise and as described in this Section 9.3, the Franchisee shall
afford the other, upon receipt of a written request to do so, an opportunity to share such
excavation, PROVIDED THAT:
(a) Such joint use shall not unreasonably elay - work of the Franchisee
causing the excavation to be made;
(b) Such joint use shall be arranged amplished on terms and conditions
satisfactory to both parties; and
(c) Franchisee may den such % fi'afety reasons.
Section 9.4. Except f
seven (7) days' prior notice o
to any underground
contact number, n
(24) hours prior to ent
`tuations, Franchisee shall give at least
uction to residents in the affected area prior
isturbance. Such notice shall contain the dates,
tion of the work to be performed. At least twenty-four
e property or streets or public easements adjacent to or
on such private property, anchisee shall physically post a notice on the property
indicating the nature and location of the work to be performed. Door hangers are
permissible methods of notifications to residents. Franchisee shall make a good faith
effort to comply with the property owner/resident's preferences, if any, on location or
placement of underground installations (excluding aerial cable lines utilizing existing poles
and existing cable paths), consistent with sound engineering practices. Following
performance of the work, Franchisee shall restore the private property as nearly as
possible to its condition prior to construction, except for any change in condition not
caused by Franchisee. Any disturbance of landscaping, fencing, or other improvements
on private property caused by Franchisee's work shall, at the sole expense of Franchisee,
21
be promptly repaired and restored to the reasonable satisfaction of the property
owner/resident. Notwithstanding the above, nothing herein shall give Franchisee the right
to enter onto private property without the permission of such private property owner, or
as otherwise authorized by applicable law.
Section 9.5. Upon receipt of a permit (except in emergency situations),
Franchisee may trim trees upon and overhanging on public ways, streets, alleys,
sidewalks, and other public places of the City so as to prevent the branches of such trees
from coming in contact with Franchisee's Facilities. The right to trim trees in this Section
9.5 shall only apply to the extent necessary to protect above ground Facilities.
Franchisee's tree trimming activities shall protect the app: . nce, integrity, and health of
the trees to the extent reasonably possible. Franchis- . . •e responsible for all debris
removal from such activities. All trimming sh a at the sense of Franchisee.
Franchisee may contract for such services, h ver y firm or individual so retained
must first receive City approval prior to comme g such trimming. Nothing herein
grants Franchisee any authority to act • of City, to enter upon any private
property, or to trim any tree or nat .I gro s •t o ed by the City except to the extent
it is necessary that Franc
encroaching on public ways,
so as to prevent suc
Franchisee shall
trees or natural gro
defend and hold harmless
or vegetation upon, overhanging, or
ewalks, and other public places of the City
om coming in contact with Franchisee's Facilities.
nsi i e and liable for any damage to any third parties'
y Franchisee's actions. Franchisee shall indemnify,
City from third -party claims of any nature arising out of any
act or negligence of Franchisee with regard to tree and/or natural growth trimming,
damage, and/or removal. Franchisee shall reasonably compensate the City or the
property owner for any damage caused by trimming, damage, or removal by Franchisee.
Except in an emergency situation, all tree trimming must be performed under the direction
of an arborist certified by the International Society of Arboriculture, unless otherwise
approved by the Public Works Director or designee.
Section 9.6. Franchisee shall meet with the City and other franchise holders and
users of the Rights -of -Way upon written notice as determined by the City, to schedule
and coordinate construction in the Rights -of -Way. All construction locations, activities,
22
and schedules shall be coordinated, as ordered by the City to minimize public
inconvenience, disruption or damages.
Section 9.7. Franchisee shall inform the City with at least thirty (30) days' advance
written notice that it is constructing, relocating, or placing ducts or conduits in the Rights -
of -Way and provide the City with an opportunity to request that Franchisee provide the
City with additional duct or conduit and related structures necessary to access the conduit
pursuant to RCW 35.99.070.
Section 9.8. Prior to doing any work in the Rights -of -Way, the Franchisee shall
follow established procedures, including contacting the ility Notification Center in
Washington and comply with all applicable State statute •arding the One Call Locator
Service pursuant to Chapter 19.122 RCW. Further, .. n re• t from a third party or the
City, Franchisee shall locate its Facilities cons • nt with the irements of Chapter
19.122 RCW. The City shall not be liable for . d. .ges to Franchisee's Facilities or
for interruptions in service to Franch -e's
Franchisee's failure to locate its Facilities
established by the One Call Lo
permit.
ers that are a direct result of
cribed time limits and guidelines
regardless of whether the City issued a
Section 9.9. The • ovi s of this Section 9 shall survive the expiration,
revocation, abando - nt, or i n of this Franchise.
Section 10. Restor
Section 10.1. Franc -e shall, after installation, construction, relocation,
maintenance, or repair of its Facilities, or after abandonment approved pursuant to
Section 22, promptly remove any obstructions from the Rights -of -Way and restore the
surface of the Rights -of -Way to at least the same condition the Rights -of -Way were in
immediately prior to any such installation, construction, relocation, maintenance or repair,
provided Franchisee shall not be responsible for any changes to the Rights -of -Way not
caused by Franchisee. The Public Works Director or designee shall have final approval
of the condition of such Rights -of -Way after restoration. All concrete encased survey
monuments that have been disturbed or displaced by such work shall be restored
pursuant to federal, state (such as Chapter 332-120 WAC), and local standards and
23
specifications.
Section 10.2. Franchisee agrees to promptly complete all restoration work and to
promptly repair any damage caused by work to the Franchise Area or other affected area
at its sole cost and expense and according to the time and terms specified in the
construction permit issued by the City. All work by Franchisee pursuant to this Franchise
shall be performed in accordance with applicable City standards.
Section 10.3. If conditions (e.g. weather) make the complete restoration required
under Section 10 impracticable, Franchisee shall temporarily restore the affected Right -
of -Way or property. Such temporary restoration shall be a ranchisee's sole cost and
expense. Franchisee shall promptly undertake and co- ete the required permanent
restoration when conditions no longer make such p
ne -storation impracticable.
Section 10.4.In the event Franchisee -s n»t repair Right -of -Way or an
improvement in or to a Right -of -Way within the - asonably directed to by the Public
Works Director, or his/her designee, t t ma -pair the damage and shall be
reimbursed its actual cost within sixty (60 ay- , - itting an invoice to Franchisee in
accordance with the provision- -ctio 4.3 and Section 14.4. In addition, and
pursuant to Section 14.3 a Sect'' - , 4 e City may bill Franchisee for expenses
associated with the ins. - on uch restoration work. The failure by Franchisee to
complete such repered a breach of this Franchise and is subject to
remedies by the Cit luding t • imposition of damages consistent with Section 24.
Section 10.5. The
sions of this Section 10 shall survive the expiration,
revocation, abandonment, or termination of this Franchise.
Section 11. Safety Requirements.
Section 11.1. Franchisee shall, at all times, employ professional care and shall
install and maintain and use industry -standard methods for preventing failures and
accidents that are likely to cause damage, injuries, or nuisances to the public. All
structures and all lines, equipment, and connections in, over, under, and upon the Rights -
of -Ways, wherever situated or located, shall at all times be kept and maintained in a safe
condition. Franchisee shall comply with all federal, State, and City safety requirements,
24
rules, regulations, laws, and practices, and employ all necessary devices as required by
applicable law during the construction, operation, maintenance, upgrade, repair, or
removal of its Facilities. By way of illustration and not limitation, Franchisee shall also
comply with the applicable provisions of the National Electric Code, National Electrical
Safety Code, FCC regulations, and Occupational Safety and Health Administration
(OSHA) Standards. Upon reasonable notice to Franchisee, the City reserves the general
right to inspect the Facilities to evaluate if they are constructed and maintained in a safe
condition.
Section 11.2. If an unsafe condition or a violation of Section 11.1 is found to exist,
and becomes known to the City, the City agrees to give F
condition and afford Franchisee a reasonable op
Franchisee fails to start to make the necessary
frame specified in such notice (and pursue s
make such repairs or contract for them to be ma
costs, incurred by the City in repairing an
and reimbursed to the City pursu. • to Se
hisee written notice of such
to repair the same. If
airs and ations within the time
completion), then the City may
All costs, including administrative
ns shall be borne by Franchisee
4. . nd Section 14.4.
Section 11.3. Addition. .afet ands include:
(a) Franchise •all _ eavor to maintain all equipment lines and facilities in
an orderly er, i di •ut not limited to, the removal of all bundles of
unused cable anv ae I facilities.
(b) All installati• - equipment, lines, and ancillary facilities shall be installed
in accordance with industry -standard engineering practices and shall comply with
all federal, State, and local regulations, ordinances, and laws.
(c) Any opening or obstruction in the Rights -of -Way or other public places
made by Franchisee in the course of its operations shall be protected by
Franchisee at all times by the placement of adequate barriers, fences, or boarding,
the bounds of which, during periods of dusk and darkness, shall be clearly marked
and visible.
25
Section 11.4. Stop Work Order. On notice from the City that any work is being
performed contrary to the provisions of this Franchise, or in an unsafe or dangerous
manner as determined by the City, or in violation of the terms of any applicable permit,
laws, regulations, ordinances, or standards, the work may immediately be stopped by the
City. The stop work order shall:
(a) Be in writing;
(b) Be given to the person doing the work or posted on the work site;
(c) Be sent to Franchisee by overnight delivery;
(d) Indicate the nature of the alleged violation or unsafe condition; and
(e) Establish conditions, consistent with the applicable laws, regulations,
ordinances or generally applicable standards under which work may be resumed.
Section 12. Work of Contractors and Subcon,rs.
Section 12.1. Franchisee's contractd s contractors shall be licensed and
bonded in accordance with State law d 's ordinances, regulations, and
requirements. Work by co • an ubcontractors are subject to the same
restrictions, limitations, and 'ndi ' e work were performed by Franchisee.
Franchisee shall be - • s for all work performed by its contractors and
subcontractors and ers pe i ork on its behalf as if the work were performed by
Franchisee and shall ensure :t all such work is performed in compliance with this
Franchise and applicable
Section 13. Maps and Records.
Section 13.1. The Franchisee agrees and covenants that it shall, within 10 days of
substantial completion of any construction project involving a Public Right -of -Way,
provide to the City, at no cost to the City, accurate copies of as -built plans and maps
stamped and signed by a professional land surveyor or engineer in a form and content
acceptable to the Public Works Director or designee.
Section 13.2. Within thirty (30) days of a written request from the Public Works
Director, the Franchisee shall furnish the City with information sufficient to demonstrate:
26
(1) that the Franchisee has complied with all applicable requirements of this Franchise;
and (2) that all taxes, including but not limited to sales, utility and/or telecommunications
taxes, due the City in connection with the Franchisee's services and Facilities provided
by the Franchisee have been properly collected and paid by the Franchisee.
Section 13.3. Books, records, maps, and other documents maintained by
Franchisee with respect to its Facilities within the Rights -of -Way and which are
reasonably necessary to demonstrate compliance with the terms of this Franchise, shall,
after reasonable prior notice from the City, be made available for inspection by the City
at reasonable times and intervals but no more than one time each calendar year or upon
the City's reasonable belief that there has been a tion of this Franchise by
Franchisee; provided, however, that nothing in this ti. 3.3 shall be construed to
require Franchisee to violate state or federal law garding c •mer privacy, nor shall
this Section 13.3 be construed to require Franc ee t close proprietary or confidential
information without adequate safeguards for its c ential or proprietary nature. Unless
otherwise permitted or required by State .1 la othing in this Section 13.3 shall
be construed as permission to wit ••Id ref: cus wmer data from the City that the City
requests in conjunction with . :x a it or iew; provided, however, Franchisee may
redact identifying informatio cr ., street addresses (excluding City and zip
code), Social Securit 'er 'r Employer Identification Numbers related to any
confidentiality agr: ents Fra ise - has with third parties.
Section 13.4. Fr. is: shall not be required to disclose information that it
reasonably deems to be •roprietary or confidential in nature; provided, however,
Franchisee shall disclose such information to comply with a utility tax audit, or in the event
the City is permitted to charge franchise fees as further described in Section 15.1, or as
otherwise required in this Franchise. Franchisee shall be responsible for clearly and
conspicuously identifying the work as confidential, trade secret, or proprietary, and shall
provide a brief written explanation as to why such information is confidential and how it
may be treated as such under State or federal law. In the event that the City receives a
public records request under Chapter 42.56 RCW or similar law for the disclosure of
information Franchisee has designated as confidential, trade secret, or proprietary, the
City shall promptly provide written notice of such disclosure so that Franchisee may take
27
appropriate steps to protect its interests. Nothing in this Section 13.4 prohibits the City
from complying with Chapter 42.56 RCW or any other applicable law or court order
requiring the release of public records, and the City shall not be liable to Franchisee for
compliance with any law or court order requiring the release of public records. The City
shall comply with any injunction or court order obtained by Franchisee that prohibits the
disclosure of any such confidential records; however, in the event a higher court overturns
such injunction or court order and such higher court action is or has become final and
non -appealable, Franchisee shall reimburse the City for any fines or penalties imposed
for failure to disclose such records as required hereunder within sixty (60) days of a
request from the City.
Section 13.5. On an annual basis, upon thirty
shall have the right to conduct an independent a
related to the administration or enforcement o
taxes, in accordance with GAAP. If the audit
underpaid by three percent (3%) or mor
Section 14. Costs and Fees.
Section 14.1. Franchi
expenses incurred by th- t
Franchise pursuant
costs incurred in d
construction permits sh
rior written notice, the City
of Franc -'s records reasonably
hise and the collection of utility
ws that tax payments have been
II pay the total cost of the audit.
e-time fee for the actual administrative
re directly related to the receiving and approving this
including the costs associated with the City's legal
rocessing this Franchise, not to exceed $5,000. No
ued for the installation of Facilities authorized until such
time as the City has received payment of this fee; further, this Franchise shall be
considered void if the fee is not paid within ninety (90) days of receipt of the invoice.
Franchisee shall further be subject to all permit fees associated with activities undertaken
through the authority granted in this Franchise or under the laws of the City. As provided
under RCW 35.21.860(1)(b), where the City incurs actual administrative costs and
expenses directly related to the review, inspection, or supervision of activities, including
but not limited to reasonable fees associated with attorneys, consultants, City Staff and
City Attorney time, undertaken through the authority granted in this Franchise, Franchisee
28
shall pay such direct costs and expenses directly to the City in accordance with the
provisions of Section 14.3 and RCW 35.21.860(1)(b).
Section 14.2. In addition to Section 14.1, Franchisee shall promptly reimburse the
City in accordance with the provisions of Section 14.3 and Section 14.4 for any and all
costs the City reasonably incurs in response to any emergency situation involving
Franchisee's Facilities, to the extent said emergency is not the fault of the City.
Section 14.3. Consistent with state law, Franchisee shall reimburse the City within
sixty (60) days of submittal by the City of an itemized billing for reasonably incurred costs,
itemized by project, for Franchisee's proportionate share of . actual, identified expenses
incurred by the City in planning, constructing, installing, r- . iring, altering, or maintaining
any City facility as the result of the presence of Fr ise. Facilities in the Right -of -
Way. Such costs and expenses shall inclu ut not be ited to Franchisee's
proportionate cost of City personnel assigned ve or engage in any work in the
Right -of -Way as the result of the presen
Such costs and expenses shall also inclu
spent reviewing construction pla
of Franchisee's Facilities fo
35.21.860(1)(b).
Section 14.4
of salary, including
other costs will be bille
ee's Facilities in the Right -of -Way.
proportionate share of any time
her accomplish the relocation or rerouting
works project, in accordance with RCW
ployees shall be charged at their respective rate
plicable, plus benefits and reasonable overhead. Any
rtionately on an actual cost basis. All billings will be
itemized so as to specifical y identify the costs and expenses for each project for which
the City claims reimbursement. A charge for the actual costs incurred in preparing the
billing may also be included in said billing. Billing will be made on a monthly basis.
Section 15. City's Reservation of Rights
Section 15.1. Franchisee hereby represents that its operations as authorized
under this Franchise are those of a telephone business as defined in RCW 82.16.010, or
service provider as defined in RCW 35.21.860. As a result, the City will not impose a
Franchise fee under the terms of this Franchise, other than as described herein. The City
hereby reserves its right to impose a Franchise fee on Franchisee if Franchisee's
29
operations as authorized by this Franchise change such that the statutory prohibitions of
RCW 35.21.860 no longer apply or, if statutory prohibitions on the imposition of such fees
are removed. In either instance, the City also reserves its right to require that Franchisee
obtain a separate Franchise for its change in use. Nothing contained herein shall
preclude Franchisee from challenging any such new fee or separate agreement under
applicable federal, State, or local laws.
Section 15.2. Franchisee acknowledges that its operation with the City
constitutes a telecommunications business subject to the utility tax imposed pursuant to
the TMC Chapter 3.50. Franchisee stipulates and agrees that certain of its business
activities are subject to taxation as a telephone busines d that Franchisee shall pay
to the City the rate applicable to such taxable servi u r TMC Chapter 3.50, and
consistent with state and federal law. The parti agree ho er, that nothing in this
Franchise shall limit the City's power of taxati s m xist now or as later imposed by
the City. This provision does not limit the City's er to amend TMC Chapter 3.50 as
may be permitted by law. Nothing in thi \ ''se tended to alter, amend, modify
or expand the taxes and fees that it . be m` . a essed on Franchisee's Services.
Y
Section 16. Police Powers d Ci s rdi ces.
Section 16.1. Not
City's ability to ado
the performance of
including, but not limite
Franchise Ordinance shall be deemed to restrict the
ecessary and appropriate ordinances regulating
of the Franchise granted by this Franchise Ordinance,
valid ordinance made in the exercise of the City's police
powers in the interest of public safety and for the welfare of the public. The City shall
have the authority at all times to control by appropriate regulations, including design
standards and utility accommodation policies, the location, elevation, manner of
construction, and maintenance of any Franchisee Facilities located within any Public
Right -of -Way or affecting any Public Right -of -Way, and the Franchisee shall promptly
conform with all such regulations, unless compliance would cause the Franchisee to
violate other requirements of law or be deemed discriminative under the
Telecommunication Act of 1996. In the event of a conflict between the regulatory
provisions of this Franchise Ordinance and any other ordinance(s) enacted under the
30
City's police power authority, such other ordinance(s) shall take precedence over the
regulatory provisions set forth herein.
Section 17. Limitation of City's Liability.
Section 17.1. Administration by the City of the Franchise granted by this Franchise
Ordinance shall not be construed to create the basis for any liability to any third party on
the part of the City, its elected and appointed officials, officers, employees, and agents
for any injury or damage from the failure of the Franchisee to comply with the provisions
of this Franchise Ordinance; by reason of any plan, schedule or specification review,
inspection, notice and order, permission, or other approval o onsent by the City; for any
action or inaction thereof authorized or done in conne
enforcement of the Franchise by the City; or for th
City.
Section 18. Compliance with All Applicable L�f/
with the implementation or
curof plans submitted to the
Section 18.1. Each party agrees t• ' . with present and future federal, state
and local laws, ordinances, rules and reg her the City nor Franchisee waive
any rights they may have und- .ny ch s, rules or regulations. This Franchise is
subject to ordinances of gen ap► - acted pursuant to the City's police powers.
Franchisee further agr- re e all liens and encumbrances arising as a result of
said use or work. ' . nchisee all, its own expense, maintain its Facilities in a safe
condition, in good re• and i : manner reasonably suitable to the City. Additionally,
Franchisee shall keep its - sties free of debris and anything of a dangerous, noxious
or offensive nature or which would create a hazard or undue vibration, heat, noise or any
interference with City services. City reserves the right at any time to amend this Franchise
to conform to any hereafter enacted, amended, or adopted federal or state statute or
regulation relating to the public health, safety, and welfare, or relating to roadway
regulation, or a City ordinance enacted pursuant to such federal or state statute or
regulation when such statute, regulation, or ordinance necessitates this Franchise be
amended in order to remain in compliance with applicable laws, but only upon providing
Franchisee with thirty (30) days written notice of its action setting forth the full text of the
amendment and identifying the statute, regulation, or ordinance requiring the amendment.
31
Said amendment shall become automatically effective upon expiration of the notice period
unless, before expiration of that period, Franchisee makes a written request for
negotiations over the terms of the amendment. If the parties do not reach agreement as
to the terms of the amendment within thirty (30) days of the call for negotiations, either
party may pursue any available remedies at law or in equity.
Section 19. Indemnification
Section 19.1. Franchisee releases, covenants not to bring suit, and agrees to
indemnify, defend, and hold harmless the City, its officers, agents, employees, volunteers,
elected and appointed officials, and contractors from any an• -11 claims, costs, judgments,
awards, or liability to any person, for injury or death of a erson, or damage to property
caused by or arising out of any acts or omissions
officers, or employees in the performance of this
this Franchise.
ranee, its agents, servants,
rights granted within
Section 19.2. Inspection or acc:. • e by City of any work performed by
Franchisee at the time of completion of c hall not be grounds for avoidance
by Franchisee of any of its o• ' s u -r this Section 19. These indemnification
obligations shall extend to c - o, educed to a suit and any claims that may
be compromised, with F i hi prior written consent, prior to the culmination of any
litigation or the insti .n of a liti• .n.
Section 19.3. - City all promptly notify Franchisee of any claim or suit and
request in writing that Fra -ee indemnify the City. Franchisee may choose counsel to
defend the City subject to this Section 19.3. City's failure to so notify and request
indemnification shall not relieve Franchisee of any liability that Franchisee might have,
except to the extent that such failure prejudices Franchisee's ability to defend such claim
or suit. In the event that Franchisee refuses the tender of defense in any suit or any claim,
as required pursuant to the indemnification provisions within this Franchise, and said
refusal is subsequently determined by a court having jurisdiction (or such other tribunal
that the parties shall agree to decide the matter), to have been a wrongful refusal on the
part of Franchisee, Franchisee shall pay all of the City's reasonable costs for defense of
the action, including all expert witness fees, costs, and attorney's fees, and including
32
costs and fees incurred in recovering under this indemnification provision. If separate
representation to fully protect the interests of both parties is necessary, such as a conflict
of interest between the City and the counsel selected by Franchisee to represent the City,
then upon the prior written approval and consent of Franchisee, which shall not be
unreasonably withheld, the City shall have the right to employ separate counsel in any
action or proceeding and to participate in the investigation and defense thereof, and
Franchisee shall pay the reasonable fees and expenses of such separate counsel, except
that Franchisee shall not be required to pay the fees and expenses of separate counsel
on behalf of the City for the City to bring or pursue any counterclaims or interpleader
action, equitable relief, restraining order or injunction. The
include all out-of-pocket expenses, such as consultants
also include the reasonable fees of any services re
City but shall not include outside attorneys' s for
duplicative of services provided the City by Fran
and to cause its employees and agents
of any such claim and the relevant recor
party with respect to any such
Section 19.4. The pa
RCW 4.24.115. Acc
injury to persons
negligence of Franch
Franchisee's liability shal
's fees and expenses shall
pert witness fees, and shall
y counsel retained by the
ices at are unnecessarily
. Each party agrees to cooperate
'th the other party in the defense
rty shall be available to the other
e that this Franchise may be subject to
event of liability for damages arising out of bodily
property caused by or resulting from the concurrent
City, its officers, officials, employees, and volunteers,
only to the extent of Franchisee's negligence. It is further
specifically and expressly understood that the indemnification provided constitutes
Franchisee's waiver of immunity under Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties.
Section 19.5. Notwithstanding any other provisions of this Section 19, Franchisee
assumes the risk of damage to its Facilities located in the Rights -of -Way and upon City -
owned property from activities conducted by the City, its officers, agents, employees,
volunteers, elected and appointed officials, and contractors, except to the extent any such
damage or destruction is caused by or arises from any sole negligence, intentional
misconduct or criminal actions on the part of the City, its officers, agents, employees,
33
volunteers, or elected or appointed officials, or contractors. In no event shall the City be
liable for any indirect, incidental, special, consequential, exemplary, or punitive damages,
including by way of example and not limitation lost profits, lost revenue, loss of goodwill,
or loss of business opportunity in connection with its performance or failure to perform
under this Franchise. Franchisee releases and waives any and all such claims against
the City, its officers, agents, employees, volunteers, or elected or appointed officials, or
contractors. Franchisee further agrees to indemnify, hold harmless and defend the City
against any claims for damages, including, but not limited to, business interruption
damages, lost profits and consequential damages, brought by or under users of
Franchisee's Facilities as the result of any interruption
destruction of Franchisee's Facilities caused by or ari
the City, its officers, agents, employees or contr ors exc
damage or destruction is caused by or arise
misconduct, or criminal actions on the part of t
volunteers, or elected or appointed offic. ontr' rs.
ervice due to damage or
t of activities conducted by
to the extent any such
sole n - • ligence or intentional
y, its officers, agents, employees,
Section 19.6. The provisio of V -ctio 19 shall survive the expiration,
revocation, termination, or ab. •on t of , 's Franchise.
Section 20. Insurance.
Section 20.1 - nchis. s procure and maintain for the duration of the
Franchise and as to -s Franc .ee has Facilities in the rights -of -way, insurance against
claims for injuries to per •amage to property which may arise from or in connection
with the Franchise and use of the rights -of -way.
(a) No Limitation. Franchisee's maintenance of insurance as required
by the Franchise shall not be construed to limit the liability of Franchisee to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available
at law or in equity.
(b) Minimum Scope of Insurance. Franchisee shall obtain insurance of
the types and coverage described below:
34
(i) 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 liability, independent contractors, products -completed operations,
personal injury and advertising injury, and liability assumed under an insured contract.
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 Franchisee's
Commercial General Liability insurance policy with respect this Franchise using ISO
endorsement CG 20 12 05 09 or CG 20 26 07 04, or substitute endorsement providing
at least as broad coverage.
(ii) Automobile Liability insurance ering all owned, non -
owned, hired and leased vehicles. Coverage shall b e as broad as Insurance
Services Office (ISO) form CA 00 01.
(iii) Contractors Pollutio a•' insurance shall be in effect
throughout the entire Franchise coverin• ses ca • -d by pollution conditions that
arise from the operations of Franchisee. ' • ution Liability shall cover bodily
injury, property damage, cleanu• an• ense, including costs and expenses
incurred in the investigation, •r set ent of claims.
' Compensation coverage as required by the
Industrial Insurance soft to •f Washington.
s or Umbrella Liability insurance shall be excess over
and at least as broad in c :ge as Franchisee's Commercial General Liability and
Automobile Liability insurance. The City shall be named as an additional insured on the
Contractor's Excess or Umbrella Liability insurance policy.
(c) Minimum Amounts of Insurance. Franchisee shall maintain the
following insurance limits:
(i)
Commercial General Liability insurance shall be written with
limits no less than $5,000,000 each occurrence, $5,000,000 general aggregate.
(ii) Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of $5,000,000 per accident.
35
(iii) Contractors Pollution Liability insurance shall be written in an
amount of at least $2,000,000 per loss, with an annual aggregate of at least $2,000,000.
(iv) Excess or Umbrella Liability insurance shall be written with
limits of not less than $5,000,000 per occurrence and annual aggregate. The Excess or
Umbrella Liability requirement and limits may be satisfied instead through Franchisee's
Commercial General Liability and Automobile Liability insurance, or any combination
thereof that achieves the overall required limits.
(d) Other Insurance Provisions. Franc ' e's Commercial General
Liability, Automobile Liability, Excess or Umbrella Liabi ' , ontractors Pollution Liability
insurance policy or policies are to contain, or be e rsed t• •ntain, that they shall be
primary insurance as respect the City. Any insu ce, s If-insura e, or self -insured pool
coverage maintained by the City shall be exces nchisee's insurance and shall not
contribute with it.
(e) Acceptability of Insur: ' ' _ur. e is to be placed with insurers with
a current A.M. Best rating of nII
(f) Verificati. •• _ , -. Franchisee shall furnish the City with
original certificates •y the amendatory endorsements, including but not
necessarily Iimite• ' the ad• •na insured endorsement, evidencing the insurance
requirements of the Fr. ise •on request by the City, Franchisee shall furnish certified
copies of all required in ance policies, including endorsements, required in this
Franchise and evidence of all subcontractors' coverage.
(g) Subcontractors. Franchisee shall cause each and every
Subcontractor to provide insurance coverage that complies with all applicable
requirements of Franchisee -provided insurance as set forth herein, except Franchisee
shall have sole responsibility for determining the limits of coverage required to be
obtained by Subcontractors. Franchisee shall ensure that the City is an additional insured
on each and every Subcontractor's Commercial General liability insurance policy using
an endorsement as least as broad as ISO CG 2026.
36
(h) Notice of Cancellation. Franchisee shall provide the City with
written notice of any policy cancellation within two business days of their receipt of such
notice.
(i)
Failure to Maintain Insurance. Failure on the part of Franchisee
to maintain the insurance as required shall constitute a material breach of Franchise,
upon which the City may, after giving five business days' notice to Franchisee to correct
the breach, terminate the Franchise 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.
(j) City Full Availability of Fr. ' isee Limits. If Franchisee
maintains higher insurance limits than the minimu sho above, the City shall be
insured for the full available limits of Commercial ' neral and E s or Umbrella liability
maintained by Franchisee, irrespective of whe s limits maintained by Franchisee
are greater than those required by this F chise • ether any certificate of insurance
furnished to the City evidences limits I. er than those maintained by
Franchisee.
(k) Fr hise- - -If- urance. If Franchisee is self -insured or
becomes self -insured d s• th= m of the Franchise, Franchisee or its affiliated parent
entity shall comply (i) provide the City, upon request, a copy of
Franchisee's or its • -nt com ny's most recent audited financial statements, if such
financial statements ar- . erwise publicly available; (ii) Franchisee or its parent
company is responsible for all payments within the self -insured retention; and (iii)
Franchisee assumes all defense and indemnity obligations as outlined in Section 19.
Section 21. Bonds.
Section 21.1. Construction Performance Bond. Upon an application for a permit
involving excavation, installation, construction, restoration or relocation of the Facilities
and if required by the City, Franchisee shall furnish a performance bond ("Performance
Bond") written by a corporate surety reasonably acceptable to the City in an amount equal
to 150% of the construction cost, which should not be less than $2,000. The amount of
the Performance Bond may be reduced during construction as determined by the City.
37
The Performance Bond shall guarantee the following: (1) timely completion of
construction; (2) construction in compliance with all applicable plans, permits, technical
codes, and standards; (3) proper location of the Facilities as specified by the City; (4)
restoration of the Rights -of -Way and other City properties affected by the construction;
(5) submission of as -built drawings after completion of construction; and (6) timely
payment and satisfaction of all claims, demands, or liens for labor, materials, or services
provided in connection with the work which could be asserted against the City or City
property. Said bond must remain in full force until the completion of construction,
including final inspection, corrections, and final approval of the work, recording of all
easements, provision of as -built drawings, and the posting of a Maintenance Bond as
described in Section 21.2.
Section 21.2. Maintenance Bond. Follow'
restoration or relocation of the Facilities and
furnish a two (2) year maintenance bond
acceptable to the City, at the time of fin
within the Rights -of -Way. The M
(10%) of the documented fin
this Section 21.2 must be in
21.1.
xcavation, installation, construction,
by the City, Franchisee shall
tenance Bond"), or other surety
construction work on Facilities
n• amount will be equal to ten percent
struction work. The Maintenance Bond in
'ty's release of the bond required by Section
Section 21.3. Franchise nd. Franchisee shall provide City with a bond in the
amount of Twenty -Five o d Dollars ($25,000.00) ("Franchise Bond") running or
renewable for the term of t Franchise, in a form and substance reasonably acceptable
to City. In the event Franchisee shall fail to substantially comply with any one or more of
the provisions of this Franchise following notice and a reasonable opportunity to cure,
then there shall be recovered jointly and severally from Franchisee and the bond any
actual damages suffered by City as a result thereof, including but not limited to staff time,
material and equipment costs, compensation or indemnification of third parties, and the
cost of removal or abandonment of facilities hereinabove described. Franchisee
specifically agrees that its failure to comply with the terms of this Section 21 shall
constitute a material breach of this Franchise. The amount of the bond shall not be
38
construed to limit Franchisee's liability or to limit the City's recourse to any remedy to
which the City is otherwise entitled at law or in equity.
Section 22. Abandonment of Franchisee's Facilities.
Section 22.1. Upon the expiration, termination, or revocation of the rights granted
under this Franchise, Franchisee shall remove all of its Facilities from the Rights -of -Way
within thirty (30) days of receiving written notice from the Public Works Director or
designee. The Facilities, in whole or in part, may not be abandoned by Franchisee without
written approval by the City. Any plan for abandonment or removal of Franchisee's
Facilities must be first approved by the Public Works Directo or his/her designee, and all
necessary permits must be obtained prior to such wor ranchisee shall restore the
Right -of -Way to at least the same condition the Rig t of- were in immediately prior
to any such removal provided Franchisee shall - •e responsib •r any changes to the
Right -of -Way not caused by Franchisee or • on doing work for Franchisee.
Franchisee shall be solely responsible fo I costs . •ciated with removing its Facilities.
Section 22.2. Notwithstanding Se on above, the City may permit
Franchisee's improvements to • Edon: in place in such a manner as the City may
prescribe. Upon permane nd Franchisee's agreement to transfer
ownership of the Faciliti- • the , y, Franchisee shall submit to the City a proposal and
instruments for tranto the City.
Section 22.3. ' Facili which are not removed within one hundred twenty
(120) days of either the • •f termination or revocation or the date the City issued a
permit authorizing removal, whichever is later, shall automatically become the property of
the City. Any costs incurred by the City in safeguarding such Facilities or removing the
Facilities shall be reimbursed by Franchisee. Nothing contained within this Section 22
shall prevent the City from compelling Franchisee to remove any such Facilities through
judicial action when the City has not permitted Franchisee to abandon said Facilities in
place.
Section 22.4. If Franchisee leases a structure in the Right -of -Way from a landlord
and such landlord later replaces, removes or relocates the structure, for example by
building a replacement structure, Franchisee shall remove or relocate its Facilities within
39
the Right -of -Way within ninety (90) days of such notification from the landlord at no cost
to the City.
Section 22.5. The provisions of this Section 22 shall survive the expiration,
revocation, abandonment, or termination of this Franchise and for so long as Franchisee
has Facilities in Rights -of -Way.
Section 23. Forfeiture and Revocation.
Section 23.1. If Franchisee willfully violates or fails to comply with any of the
provisions of this Franchise, or through willful misconduct or gross negligence fails to
heed or comply with any notice given Franchisee by the Ci nder the provisions of this
Franchise, then Franchisee shall, at the election of t - wila City Council, forfeit all
rights conferred hereunder and this Franchise may revoke annulled by the Council
after a hearing held upon notice to Franchisee.
Section 23.2. Such hearing shall be open
interested parties may offer written an
alleged noncompliance. This hearing
Franchisee to conduct discov
(30) days after the hearing, t
e public and Franchisee and other
e explaining or mitigating such
e the right to either the City or
itnesses, or take depositions. Within thirty
uncil, on the basis of the record, will make
the determination as t• •er e is cause for revocation, whether the Franchise will
be terminated, or - -ther les sa tions should otherwise be imposed. The Tukwila
City Council may in 1 .le di etion fix an additional time period to cure violations. If
the deficiency has not bered at the expiration of any additional time period or if the
Tukwila City Council does not grant any additional period, the Tukwila City Council may
by resolution declare the Franchise to be revoked and forfeited or impose lesser
sanctions. If Franchisee appeals revocation and termination, such revocation may be
held in abeyance pending judicial review by a court of competent jurisdiction, provided
Franchisee is otherwise in compliance with the Franchise.
Section 24. Remedies to Enforce Compliance.
Section 24.1. The City may elect, without any prejudice to any of its other legal
rights and remedies, to obtain an order from the superior court having jurisdiction
40
compelling Franchisee to comply with the provisions of the Franchise and to recover
damages and costs incurred by the City by reason of Franchisee's failure to comply. In
addition to any other remedy provided herein, the City reserves the right to pursue any
remedy to compel or force Franchisee and/or its successors and assigns to comply with
the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the
City from thereafter declaring a forfeiture or revocation for breach of the conditions herein.
In addition to any other remedy provided in this Franchise, Franchisee reserves the right
to pursue any remedy available at law or in equity to compel or require the City, its officers,
employees, volunteers, contractors and other agents and representatives, to comply with
the terms of this Franchise. Further, all rights and remed
addition to and cumulative with any and all other right
the City or Franchisee. Such rights and remedies
of one or more rights or remedies shall not be
provided herein shall be in
emedies available to either
e . lusive, and the exercise
iver o he right to exercise at
the same time or thereafter any other right or re rl Provided, further, that by entering
into this Franchise, it is not the intenti
rights, remedies, or obligations as othe
nothing contained here shall
parties agree that in the e
required to post a bond
of such a requirem
Franchisee to waive any other
by law equity, or otherwise, and
construed to effect any such waiver. The
s injunctive relief, neither party shall be
urity and the parties agree not to seek the imposition
Section 24.2.1 er p. (the "Defaulting Party") shall violate, or fail to comply
with any of the provisions is Franchise, or should it fail to heed or comply with any
notice given to such party under the provisions of this Franchise, the other party (the
"Non -Defaulting Party") shall provide the Defaulting Party with written notice specifying
with reasonable particularity the nature of any such breach and the Defaulting Party shall
undertake all commercially reasonable efforts to cure such breach within thirty (30) days
of receipt of notification. If the parties reasonably determine the breach cannot be cured
within (30) thirty days, the Non -Defaulting Party may specify a longer cure period, and
condition the extension of time on the Defaulting Party's submittal of a plan to cure the
breach within the specified period, commencement of work within the original thirty (30)
day cure period, and diligent prosecution of the work to completion. If the breach is not
41
cured within the specified time, or the Defaulting Party does not comply with the specified
conditions, the Non -Defaulting Party may pursue any available remedy at law or in equity
as provided in Section 24.1 above, or in the event Franchisee has failed to timely cure or
commence cure of the breach, the City may, at its discretion, (1) revoke this Franchise
with no further notification pursuant to this Section 24, (2) refuse to grant additional
permits, or (3) claim damages of Two Hundred Fifty Dollars ($250.00) per day against the
Franchisee or Franchise Bond set forth in Section 21.3.
Section 25. Non -Waiver.
Section 25.1. The failure of either party to insist upon .trict performance of any of
the covenants and agreements of this Franchise or exercise any option herein
conferred in any one or more instances, shall n t •e c• trued to be a waiver or
relinquishment of any such covenants, agree s or option . ny other covenants,
agreements or option.
Section 26. Acceptance.
Section 26.1. Within sixty da s of '7..r. , of this Franchise Ordinance, the
Franchisee shall execute an. o the ity its execution and acceptance of this
Franchise in the form attac - .chment B. In addition, Franchisee shall
submit proof of insur. •ta • and additional insured endorsement pursuant to
Section 20, any apPerformance Bond pursuant to Section 21.1, the
Franchise Bond requi • ursu t to Section 21.3, and the administrative fee pursuant to
Section 14.1.
Section 27. Survival.
Section 27.1. All of the provisions, conditions, and requirements of Section 6,
Section 7, Section 9, Section 10, Section 19, Section 20, Section 22, Section 33, Section
35.3 and Section 35.4 of this Franchise shall be in addition to any and all other obligations
and liabilities Franchisee may have to the City at common law, by statute, or by contract,
and shall survive the City's Franchise to Franchisee for the use of the Franchise Area,
and any renewals or extensions thereof. All of the provisions, conditions, regulations and
requirements contained in this Franchise shall further be binding upon the heirs,
42
successors, executors, administrators, legal representatives and assigns of Franchisee
and all privileges, as well as all obligations and liabilities of Franchisee shall inure to its
heirs, successors and assigns equally as if they were specifically mentioned where
Franchisee is named herein.
Section 28. Assignment.
Section 28.1. This Franchise may not be directly or indirectly assigned, transferred,
or disposed of by sale, lease, merger, consolidation or other act of Franchisee, by
operation of law or otherwise, unless prior written consent is provided to the City within
sixty (60) days following the assignment. In the case of trans -r or assignment as security
by mortgage or other security instrument in whole or in p. o secure indebtedness, such
notice shall not be required unless and until the sec d pa elects to realize upon the
collateral. For purposes of this Section 28.1, no ignment or sfer of this Franchise
shall be deemed to occur based on the publi d' of Franchisee's stock; provided,
however, any tender offer, merger, or si . r trans on resulting in a change of control
shall be subject to the provisions of this
Section 28.2. Any trans
50% or more of the (i) o
Franchisee or its Telec
working control of t
control of the capaci
angularly or collectively result in a change of
g control (for example, management of
ons facilities) of the Franchisee; or (ii) ownership or
lecommunications facilities within the City; or (iii)
h of the Franchisee's Telecommunication facilities within
the City, shall be conside « - .ssignment or transfer requiring notice to the City pursuant
to this Franchise. Such transactions between affiliated entities are not exempt from notice
requirements. A Franchisee shall notify the City of any proposed change in, or transfer of,
or acquisition by any other party of control of a Franchisee within sixty (60) days following
the closing of the transaction.
Section 29. Entire Agreement.
Section 29.1. This Franchise constitutes the entire understanding and agreement
between the parties as to the subject matter herein and no other agreements or
understandings, written or otherwise, shall be binding upon the parties upon execution of
this Franchise.
43
Section 30. Extension.
Section 30.1. If this Franchise expires without renewal or is otherwise lawfully
terminated or revoked, the City may, subject to applicable law:
(a) Allow Franchisee to maintain and operate its Facilities on a month -to -month
basis, provided that Franchisee maintains insurance for such Facilities during such
period and continues to comply with this Franchise; or
(b) The City may order the removal of any and all Facilities at Franchisee's sole
cost and expense consistent with Section 22.
Section 31. Eminent Domain.
Section 31.1. The existence of this Franchis- a •t preclude the City from
acquiring by condemnation in accordance with plicable la .II or a portion of the
Franchisee's Facilities for the fair market valu re n determining the value of such
Facilities, no value shall be attributed tone righ occupy the area conferred by this
Franchise.
Section 32. Vacation.
Section 32.1. If at an
area affected by this Fr
Franchisee by reas
of the Right -of -Way,
easement for Franchise
rdinance, vacates all or any portion of the
City shall not be liable for any damages or loss to the
. If Franchisee has Facilities in the vacated portion
all use reasonable efforts to reserve an appurtenant
the vacated portion of the Right -of -Way within which
Franchisee may continue to operate existing Facilities under the terms of this Franchise
for the remaining period of the term set forth in Section 4. Notwithstanding the preceding
sentence, the City shall incur no liability for failing to reserve such easement. The City
shall notify the Franchisee in writing not less than sixty (60) days before vacating all or
any portion of any such area, in which Franchisee is located. The City may, after sixty
(60) days written notice to the Franchisee, terminate this Franchise with respect to such
vacated area.
Section 33. Hazardous Substances.
44
Section 33.1. Franchisee shall not introduce or use any hazardous substances
(chemical or waste), in violation of any applicable law or regulation, nor shall Franchisee
allow any of its agents, contractors or any person under its control to do the same.
Franchisee will be solely responsible for and will defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from and against any and
all claims, costs and liabilities including reasonable attorneys' fees and costs, arising out
of or in connection with the cleanup or restoration of the property to the extent caused by
Franchisee's use, storage, or disposal of hazardous substances, whether or not
intentional, and the use, storage or disposal of such substances by Franchisee's agents,
contractors or other persons acting under Franchisee's con , whether or not intentional.
Section 33.2. The obligations of the Franchise
the expiration, revocation, abandonment, earlier
this Franchise Ordinance.
Section 34. Notice
Section 34.1. Any Notice or inform
parties under this Franchise agit
otherwise specified:
CITY OF TUKWILA
Public Works Dire
6200 Southcente
Tukwila, WA 98188
206-433-1800
Section 33 shall survive
ination o - Franchise granted by
or permitted to be given to the
be sent to the following addresses unless
FRANCHISEE
Intermountain Infrastructure Group, LLC
533 Airport Blvd Suite 400
Burlingame, CA 94010
Phone: 970-444-9943
E-Mail: Legal@intermountainig.com
Section 34.2. The Franchisee's current emergency contact shall be IIG's Network
Operations Center and is reachable via the following number 800-444-9943, and shall be
available 24 hours a day, seven days a week. The Franchisee shall promptly notify the
City of any change in the notice address or emergency contact (or title) and phone
number.
Section 35. Miscellaneous.
45
Section 35.1. Prior to constructing any Facilities, Franchisee shall obtain a
business or utility license from the City. Franchisee shall pay promptly and before they
become delinquent, all taxes on personal property and improvements owned or placed
by Franchisee and shall pay all license fees and public utility charges relating to the
conduct of its business, shall pay for all permits, licenses and zoning approvals, shall pay
any other applicable tax unless documentation of exemption is provided to the City and
shall pay utility taxes and license fees imposed by the City.
Section 35.2. City and Franchisee respectively represent that its signatory is duly
authorized and has full right, power and authority to execute this Franchise.
Section 35.3. If a suit or other action is instituted in nection with any controversy
arising out of this Franchise, the prevailing party sha • - en • to recover all of its costs
and expenses, including such sum as the court :y judge as onable for attorneys'
fees, costs, expenses and attorneys' fees upo ' • _ •f any judgment or ruling.
Section 35.4. This Franchise sha l _ • nstru accordance with the laws of the
State of Washington. Venue for any disp► - * this Franchise shall be the United
States District Court for the Di- ct of Washington, or Snohomish County
Superior Court.
Section 35.5. S ap 's and headings are intended solely to facilitate the
reading thereof. ch cap ns d headings shall not affect the meaning or
interpretation of the t
Section 35.6. Wher- e context so requires, the singular shall include the plural
and the plural include the singular.
Section 35.7. Franchisee shall be responsible for obtaining all other necessary
approvals, authorizations and agreements from any party or entity and it is acknowledged
and agreed that the City is making no representation, warranty or covenant whether any
of the foregoing approvals, authorizations or agreements are required or have been
obtained by Franchisee by any person or entity.
Section 35.8. This Franchise may be enforced at both law and equity.
46
Section 35.9. Franchisee acknowledges that it, and not the City, shall be
responsible for the premises and equipment's compliance with all marking and lighting
requirements of the FAA and the FCC. Franchisee shall indemnify and hold the City
harmless from any fines or other liabilities caused by Franchisee's failure to comply with
such requirements. Should Franchisee or the City be cited by either the FCC or the FAA
because the Facilities or the Franchisee's equipment is not in compliance and should
Franchisee fail to cure the conditions of noncompliance within the timeframe allowed by
the citing agency, the City may either terminate this Franchise immediately on notice to
the Franchisee or proceed to cure the conditions of noncompliance at the Franchisee's
expense.
Section 35.10. This Franchise is subject .I rent and future applicable
federal, State and local laws, regulations and ers of g nmental agencies as
amended, including but not limited to the Conn nica ' s Act of 1934, as amended, the
Telecommunications Act of 1996, as amended the Rules and Regulations of the
FCC. Neither the City nor Franchisee rig they may have under any such
laws, rules, or regulations.
Section 35.11. T► ear o thir• arty beneficiaries to this Franchise.
Section 35.12. on .crimination. The City's grant of the Franchise will be
nondiscriminatory neutral as compared to other non -incumbent
franchisees within t itv's iuri iction.
47
48
Attachment B
STATEMENT OF ACCEPTANCE
, for itself, its successors and assigns,
hereby accepts and agrees to be bound by all lawful terms, conditions and provisions of
the Franchise attached hereto and incorporated herein by this reference.
By: Date:
Name:
Title:
STATE OF
COUNTY OF
On this day of
Public in and for the State o
personally appeared,
that executed the within and
to be the free and voluntary
therein mentioned, a
instrument.
)ss.
IN WITNESS WHE
date hereinabove set f
)
/s
me the undersigned, a Notary
duly commissioned and sworn,
, the company
nt, and acknowledged the said instrument
said company, for the uses and purposes
stated that he/she is authorized to execute said
ereunto set my hand and affixed my official seal on the
Signature
NOTARY PUBLIC in and for the State of
Residing at
MY COMMISSION EXPIRES:
49
50
COUNCIL AGENDA SYNOPSIS
nitiais
Meeting Date
Prepared by
Mayor's review
Council review
1/27/25
LH
ITEM INFORMATION
ITEM No.
4.B.
STAFF SPONSOR: LAUREL HUMPHREY
ORIGINAL AGENDA DATE: 1/27/25
AGENDA ITEM TITLE 2025 Council and Mayor Participation on Boards, Committees and Commissions
CATEGORY ® Discussion
Mtg Date 1/27/25
❑ Motion
Mtg Date
❑ 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 ❑ PW
SPONSOR'S
SUMMARY
This is an opportunity for Councilmembers to review the 2025 list of participation,
volunteer for alternate positions, and have a better understanding of one another's
broader commitments. No formal action is being requested.
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.
COMMII"1 EE
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
So
AMOUNT BUDGETED
APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
1/27/25
MTG. DATE
ATTACHMENTS
1/27/25
2025 Council and Mayor Participation on Boards, Committees and Commissions
51
52
City of Tukwila
2025 Council and Mayor Participation
on Boards, Committees and Commissions
Cascade Water Alliance Board of Directors
Governs municipal corporation providing safe, clean, reliable water
supply
Cascade Water Alliance Public Affairs Committee
Considers and makes recommendations to the Board on matters
relating to general outreach, public information and communication
programs, community outreach and relationships, public relations,
intergovernmental affairs, state and federal affairs, and
Membership.
Cascade Water Alliance Resource Management Committee
Considers and makes recommendations to the Board on matters
relating to planning and development of water supply resources,
operations and maintenance, water quality, and water
conservation.
City of Tukwila Equity and Social Justice Commission
Advises city and school officials of opportunities to promote
understanding and acceptance of cultural diversity
Domestic Violence Initiative Regional Task Force
Focuses on improving the effectiveness of our region's legal
response to domestic violence (SCA Appointment)
Emergency Management Advisory Committee
Advises, assists, reviews, and comments on emergency
management and homeland security issues, regional planning and
policies. (SCA Appointment)
Firemen's Pension Board
Provides support to retired firefighters who qualified for a city
pension prior to 1971
Highline Forum
Provides Southwest King County municipalities, educational
governing bodies and the Port of Seattle with the opportunity to
share information and partner on initiatives
King County Flood Control District Advisory Committee
Makes recommendations to the District's Board of Supervisors
related to the annual budget, including capital improvement
program projects and funding levels
City Council
Tom McLeod
Dennis Martinez, alternate
Dennis Martinez
Tom McLeod
Jovita McConnell
Hannah Hedrick, alternate
Hannah Hedrick, alternate
Armen Papyan
Armen Papyan
Need alternate
Thomas McLeod
Hannah Hedrick, alternate
6zoo Southcenter Boulevard • Tukwila, Washington • 98188 - Tel: zo6-433-1800 • www.tukwilawa.gov
53
2025 Council & Mayor Participation page 2
King County International Airport Vision 2045 and Part 150
Study Project Advisory Committee
Provides input into the Plan and Study
Armen Papyan
Lodging Tax Advisory Committee Tosh Sharp
Provides recommendations to Mayor & Council regarding the
levying and application of Hotel/Motel tax collections
National League of Cities Hispanic Elected Local Officials Dennis Martinez
Provides guidance to the NLC Board of Directors and Federal
Advocacy Committees and influences NLC advocacy platforms.
National League of Cities Women in Municipal Government Hannah Hedrick
Serves as a forum for communication and networking among
women local elected officials and their colleagues.
Puget Sound Regional Council: Executive Board Thomas McLeod
Makes decisions on behalf of the General Assembly with the input
of several advisory boards. (SCA Appointment)
Puget Sound Regional Fire Authority Governance Board
Governs the PSRFA
De'Sean Quinn
Jovita McConnell
Dennis Martinez
SCORE Jail Administrative Board Tom McLeod
Administers the regionally owned jail
Sound Cities Association Board of Directors
Oversees general activities and establishes broad policies and
objectives
Sound Cities Association Public Issues Committee
Makes recommendations to the Board on policies & committee
appointments
De'Sean Quinn
Jovita McConnell
Need alternate
South County Area Transportation Board Dennis Martinez, Chair
Serves as a forum for information sharing, consensus building, and Armen Paypan, alternate
coordinating in order to resolve transportation issues and promote
transportation programs that benefit the area.
South King Housing & Homelessness Partnership Executive Tom McLeod
Board Dennis Martinez, alternate
Governs partnership that collaborates and shares resources to
increase available options for residents to access affordable
housing and preserve existing affordable housing stock
Valley Communications Executive Board
Oversees consolidated emergency services communications
center (Auburn, Federal Way, Kent, Renton, Tukwila)
Tom McLeod
54
2025 Council & Mayor Participation page 3
Washington State Criminal Justice Training Commission Board De'Sean Quinn
Oversees standards and training for criminal justice professionals
WRIA 9 Management Committee Tom McLeod
Develops agenda items for the Watershed Ecosystem Forum and Need alternate
provides direction to the jointly -funded staff working on the Salmon
Habitat Plan
Updated 1/21/25
55
56
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
01/27/2025
TC
ITEM INFORMATION
ITEM NO.
Spec 3.A.
STAFF SPONSOR: TC CROONE
ORIGINAL AGENDA DATE: 1/27/25
AGENDA ITEM TITLE Teamsters 117 Police Officers Labor Agreement Contract 2025-2027
CATEGORY ❑ Discussion
Mtg Date
® Motion
Mtg Date 1/27125
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Aitg Date
❑ Public Hearing
Mtg Date
❑ Other
tlltg Date
SPONSOR ❑ Council ® Mayor ❑ Admin Svcs ❑ DCD
Finance ❑ Fire ❑ P&R ❑ Police ❑ PW
SPONSOR'S
SUMMARY
Approval of Teamsters 117 Police Officers Labor Agreement Contract 2025-2027
REVIEWED BY
❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: N/A COMMITTEE CHAIR: N/A
RECOMMENDATIONS:
SPONSOR/ADMIN. Human Resources
COMMITTEE N/A
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
AMOUNT BUDGETED
APPROPRIATION REQUIRED
Fund Source: GENERAL FUND
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
1/27/25
Informational memorandum
CBA
57
58
City of Tukwila
Thomas McLeod, Mayor
Administrative Services Dept., Human Resources - TC Croone, Chief People Officer
INFORMATIONAL MEMORANDUM
To: City Council
From: TC Croone, Deputy Director of Administrative Services and Chief People Officer
CC: Mayor Thomas McLeod
Date: January 7, 2025
Subject: Teamsters 117 Labor Agreement — Police Officers 2025-2027
ISSUE
Consideration and approval of the Teamsters 117 Police Officers labor agreement for 2025-2027
BACKGROUND
The current labor agreements with Teamsters 117 expired on December 31, 2024. The City and the
Union have reached agreement for 2025-2027.
DISCUSSION
The contract has been voted on and passed by the Union membership.
RECOMMENDATION
The Council is being asked to consider and approve the contracts at the January 27, 2025 special
meeting.
ATTACHMENT
Teamsters 117 Police Officers Labor Agreement 2025-2027
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
59
60
TUKWILA POLICE -COMMISSIONED
LABOR AGREEMENT
between the CITY OF TUKWILA
and TEAMSTERS LOCAL 117 representing the
TUKWILA POLICE OFFICERS
Effective
2025-2027
FG: 103220371.2
1
61
Table of Contents TO BE UPDATED
PREAMBLE 3
ARTICLE 1 - RECOGNITION AND BARGAINING UNIT 3
ARTICLE 2 - GUILD MEMBERSHIP AND DUES DEDUCTION 4
ARTICLE 3 - WORKING OUT OF CLASSIFICATION 5
ARTICLE 4 - HOURS OF WORK 5
ARTICLE 5 - SALARIES 17
ARTICLE 6 - PREMIUM PAY 17
ARTICLE 7 - DEPARTMENT WORK RULES 19
ARTICLE 8 - CLOTHING/EQUIPMENT 20
ARTICLE 9 - SICK LEAVE 24
ARTICLE 10 - HOLIDAYS 26
ARTICLE 11 - EDUCATION ALLOWANCE 28
ARTICLE 12 - MASTER POLICE OFFICER PLAN 29
ARTICLE 13 - SENIORITY 32
ARTICLE 14 - VACATIONS 32
ARTICLE 15 - PENSIONS 34
ARTICLE 16 - MEDICAL COVERAGE 34
ARTICLE 17- PROBATIONARY PERIOD 36
ARTICLE 18 - DISCIPLINARY PROCEDURES 37
ARTICLE 19 - MANAGEMENT RIGHTS 39
ARTICLE 20 - GRIEVANCE PROCEDURE 41
ARTICLE 21 - NO STRIKE 43
ARTICLE 22 - LEAVES 43
ARTICLE 23 - INDEMNIFICATION 44
ARTICLE 24 - SAVINGS CLAUSE 44
ARTICLE 25 - ENTIRE AGREEMENT 45
ARTICLE 26 - SAFETY 45
ARTICLE 27 - DURATION OF AGREEMENT 46
APPENDIX "A" -WAGE SCHEDULES 2022-2024 48
APPENDIX "B" - MPO SCHEDULES 2022-2024 49
FG: 103220371.2
62
PREAMBLE
This mutual agreement has been entered into by the Teamsters Local 117
representing Tukwila Police Officers (hereinafter referred to as "Union"), and the
City of Tukwila (hereinafter referred to as "City" or "Employer"). The purpose of this
Agreement is the promotion of harmonious relations between the Union and the
City; the establishment of equitable and peaceful procedures for the resolution of
differences; and the establishment of rates of pay, hours of work, and other terms
and conditions of employment.
ARTICLE 1 - RECOGNITION AND BARGAINING UNIT
SECTION 1.1 Union. The City of Tukwila recognizes the Union as the
exclusive bargaining representative of the Police Department for all employees in
positions certified by the PERC as being within the Union's bargaining unit; provided
that neither party waives its right to petition the Public Employment Relations
commission to add to or delete from the above list in accordance with established
time frames and procedures.
SECTION 1.2 Negotiations Sessions. Employees who serve on the Union
negotiations committee shall be allowed time off from duty with pay to attend
negotiation sessions with the Employer during working hours, provided prior
notification is given to the Chief, or their designee, and the time is mutually agreed
upon. For the purposes of negotiations with the Employer, the number of official
representatives of the Union shall be limited to four members.
SECTION 1.3 Union Business. The City shall afford Union representatives a
reasonable amount of time while on -duty status to consult with appropriate
management and/or aggrieved employees, provided that the Union representatives
and/or aggrieved employees contact their immediate supervisors, indicate the
general nature of the business to be conducted, and request necessary time without
interference with assigned duties. Employees who are subpoenaed to appear as
fact witnesses during a Civil Service Hearing, PERC hearing or Labor arbitration
may be allowed to attend without loss of pay, only during their testimony. For
purposes of Union business with Employer, the Union will notify the Employer as to
its official representative(s).
3
FG: 103220371.2
63
ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION
SECTION 2.1 Notification. All employees working in the bargaining unit shall
have the right to become a member of the Union. The City will inform new, transferred,
promoted, or demoted employees prior to appointment into positions included in the
bargaining unit of the Union's exclusive representation status.
SECTION 2.2 Union Orientation. Within seven (7) calendars days of a new,
transferred, promoted, or demoted employee being appointed to a position within the
bargaining unit, the Union will be allowed thirty (30) minutes of presentation time for
the purpose of orienting the employee to Union membership.
SECTION 2.3 Union Dues and Fees. The Employer, upon voluntary written
authorization of the employee, shall deduct from the first pay received each month by
such employee, the union dues, initiation fees and assessments for the current
month and promptly remit same to the appropriate officer of the Union. If dues are
not deducted in one month for any reason, they shall be deducted the following pay
period. The amount of such dues, fees and assessments are those currently in
effect or as may hereinafter be established. The City will deduct the dues, fees, and
assessments on the first pay day in the month. When an employee quits, is
discharged or is laid off, any of the foregoing amounts due will be deducted from the
last pay payable. The Employer will honor the terms and conditions of each
employee's signed payroll deduction authorization card.
SECTION 2.4 Dues Cancellation. Employees may cancel their payroll
deduction by written notice to the Union in accordance with the terms and conditions
of their signed payroll deduction authorization card. The Union will provide the
Employer notice of all employees who are eligible for cancellation. The cancellation
will become effective on the second pay period after receipt of confirmation from the
Union that the terms of the employee's signed payroll deduction authorization card
regarding cancellation have been met.
SECTION 2.5 Teamsters Legal Defense Fund. The Employer agrees to
deduct from the paycheck of each member covered by this Agreement who has so
authorized it by signed notice submitted to the Employer, the necessary fee,
assessment, and regular monthly fee to provide the Teamsters Legal Defense Fund.
The Employer shall transmit such fees made payable to "Teamsters Legal Defense
Fund" sent to American Legal Services, Inc.
SECTION 2.6 Indemnification/Hold Harmless. The Union and employees
covered by this agreement agree to indemnify, defend and hold harmless the
Employer from any and all claims and liabilities, including legal fees and expenses
FG: 103220371.2
64
incurred by the Employer in complying with this Article and any issues related to the
deduction of dues and fees, unless such error was caused by the Employer's failure
to maintain accurate records after receiving notification of a cancellation of
deductions. The Union shall refund to the Employer any amounts erroneously paid
by the Employer to the Union as union dues, initiation fees and/or assessments,
upon presentation of proper evidence.
ARTICLE 3 - WORKING OUT OF CLASSIFICATION
SECTION 3.1 Sergeant. The Employer agrees that it is in the best interest of
the City that each unit/shift should normally have a sergeant or acting sergeant on
duty. Therefore, should any employee be required to act as sergeant for more than
two hours, they shall be paid a premium of seven percent (7%) of the employee's
base rate of pay per hour back to the first hour. Additionally, an employee eligible
for premium pay pursuant to Article 6 of this Agreement at the time they are required
to act as a sergeant shall continue to be paid such premium pay during the
assignment. It is understood that assignments of supervisory duty will be made by
the Chief of Police or their designee.
ARTICLE 4 - HOURS OF WORK
SECTION 4.1 GENERALLY. This Article is intended to define the normal
hours of work, to provide the basis for calculation of overtime, and to set forth the
policy on compensatory time. Compensation shall not be paid more than once for
the same hours under any provision of the Agreement. For the purposes of FLSA
compliance, the Employer reserves the right to maintain and modify, as necessary,
work period designations for different shifts in accordance with FLSA 207(k). For
example, this includes different work periods for different shifts (e.g., a 28-day work
period for employees on a 5-2 or 4-10 or 12 hour work schedules, and a 27-day
work period for employees on a 6-3 hour work schedule). Except in an emergency,
an employee may not be compelled to work more than sixteen (16) hours in a
twenty-four (24) hour period.
5
FG: 103220371.2
65
SECTION 4.2 SCHEDULES.
A. Hours of Work
1. Patrol Division - 12-Hour Work Schedule
FG: 103220371.2
Such schedule shall be three (3) consecutive twelve (12) hour days
worked followed by four (4) consecutive days off followed by four (4)
consecutive twelve (12) hour days worked followed by three (3)
consecutive days off during each fourteen (14) day period. The FLSA
work period shall be 28 days.
2. Non -Patrol Schedule
The work schedule for Union employees assigned to non -patrol work,
except the School Resources Officer, will be the equivalent of forty
(40) hours per week on an annualized basis and the normal work
hours shall be four (4) consecutive ten (10) hour days worked followed
by three (3) consecutive days off during each seven day work period.
3. The School Resource Officer's normal work hours will be the
equivalent of forty (40) hours per week on an annualized basis and will
be five (5) consecutive eight (8) hour days worked followed by two (2)
consecutive days off during each seven-day work period.
4. Meal/Break Period
The parties mutually agree that schedules shall be inclusive of the
meal period. Officers assigned to Patrol on 12-hour shifts will be
allowed to take rest or meal breaks, duties permitting, as two 30-
minute meal breaks and two fifteen -minute rest breaks. The meal and
rest breaks shall be spaced over the course of a shift and breaks
cannot be combined without prior authorization from the shift
supervisor.
All Officers, other than Patrol Officers, will be allowed a 30- minute
meal break and two fifteen -minute breaks. Breaks may be combined
with prior authorization from the shift supervisor. While on either meal
break or rest break, such Officers may be subject to call for service.
66
5. Rest Periods
The parties agree it is mutually beneficial to officer safety and the
quality of service to provide at least nine (9) consecutive hours of rest
for commissioned officers between scheduled work shifts. To ensure
such, the parties agree to the following:
A. The City will make every effort when scheduling
employees to provide at least a nine (9) hour consecutive rest
period between normally scheduled work shifts. If an
employee is mandated by the City to work overtime (e.g.,
court overtime, call out) and the employee's next work shift
begins during the nine (9) hour rest period following the
overtime work, the employee will not be required to report
back to work until the end of such rest period. The employee
will not have their shift extended as a result of the operation
of this paragraph and the employee will be paid at the regular
straight time rate for all hours they were scheduled but did not
work because of the nine (9) hour rest period. Officers must
notify department supervision in advance when they are
going to take the nine (9) hour rest period. This paragraph
does not apply when mandated overtime begins three (3) or
less hours before the start of the employee's next work shift.
B. Employees shall not work off -duty overtime shifts which
would:
1. Result in less than nine (9) hour consecutive rest
period between shifts, or
2. Result in the employee working more than sixteen (16)
hours in a twenty-four (24) hour period.
C. This provision shall not apply during emergencies.
B. Staffing
The following policy will be adhered to except when the unusual
occurrences create increased staffing needs (e.g., civil disorder,
national disaster, holiday, significant event, etc.)
1. Staffing levels
FG: 103220371.2
7
67
The Chief agrees to discuss any staff configuration changes with the
Union prior to making any long-term adjustments in staffing levels. The
Union recognizes the ultimate right of the Chief to adjust staff levels
within the department.
2. Staffing Administration and Leave Requests
At the time of ratification, minimum staffing levels for patrol are one (1) supervisor
and five (5) officers.
It is the intent of the City to staff patrol shifts at one (1)
supervisor and nine (9) officers during shift bid. When a
patrol shift is staffed at one (1) supervisor and nine (9)
officers, the City will allow vacation requests to three (3)
employees during vacation bid.When a patrol shift is staffed
at one (1) supervisor and eight (8) officers or less, the City
will allow vacation requests down to one (1) supervisor and
five (5) officers on each on -duty patrol squad during
vacation bid.
One (1) officer assigned to the patrol division will be allowed to be on vacation
during vacation bid from each shift even if it results in the payment of overtime.
Consideration will be given to allowing additional officers off on vacation each shift
based on staffing need.
After the completion of the vacation bid, secondary vacation requests will be
considered on a first come, first serve basis. Except in an emergency, the City will
approve a secondary vacation request as long as it would not bring on duty staffing
levels below one (1) supervisor and six (6) officers up to two (2) hours prior to the
shift. If there is no one scheduled off on vacation, one (1) officer assigned to the
patrol division will be allowed to be on vacation from each shift as long as it
would not cause the on -duty patrol squad to go below one (1) supervisor and
five (5) officers. If there is already a member scheduled off on vacation for a shift,
officers may utilize a pending day (p-day) which will be assessed and, absent an
emergency, approved within two hours of the shift if the approval would not cause
the on -duty patrol squad to go below one (1) supervisor and five (5) officers.
With regard to "unusual occurrences", where practical, the Chief shall provide these
dates prior to the twice per year vacation bid. The holidays specified herein are the
Day after Christmas, the Day after Thanksgiving, and New Year's Eve. The
significant events referenced herein are those events on any given day that may
reasonably be expected to threaten public safety if staffing levels are not increased
as determined by the Chief or his designee.
FG: 103220371.2
68
C. Shift Changes Between Officers
Shift changes between officers shall be subject to the approval of the
Chief, or his designee.
D. Forty Hour Scheduled Trainings on Schedule Prior to Vacation
Bid. Trainings of forty hours or more where all the hours occur within
seven consecutive calendar days (actual training time; travel time not
included) that are scheduled prior to shift bidding may be placed in the
schedule prior to the vacation bid opening for vacation bids.
SECTION 4.3 Dog Handler(s). Dog Handlers will be assigned a twelve
(12) hour shift and be compensated an average 40 minutes straight time per day
(which the parties agree is a reasonable approximation of time spent) to
compensate for bathing, training, procuring food, supplies (e.g., prescriptions),
grooming, feeding, cleaning up after the dog (e.g., the dog's kennel), K-9 car,
exercising the dog and similar activities performed by K-9 officers. When feasible,
dog handler(s) will be released forty (40) minutes prior to the end of their scheduled
shift, unless the Chief (or his designee) otherwise requires the employee to stay. If
the Chief (or his designee) requires the employee to stay, overtime shall be paid
commencing at the end of the employee's regularly scheduled shift, but the average
forty (40) minutes shall be paid at the applicable overtime rate. Employees will
either flex their start time or receive overtime for scheduled veterinary appointments
by agreement between the employee and the Chief or their designee. The Employer
retains the right to modify the dog handler's duty shift to offset compensation of time
spent that is unique to the dog handler duties (to accommodate the 40 minutes per
day). Except when the officer is on paid leave, time spent during the dog handler's
off duty days will be compensated at the employee's regular rate of pay or overtime
pay when required by FLSA. If an officer is on paid leave (e.g., comp time, vacation,
sick leave) and the dog remains in their care, the amount of such leave charged to
the employee that day shall be reduced by 40 minutes.
At minimum, it is expected that dog handler(s) shall perform the following duties
relative to their assigned dog during the course of their duty shift:
- exercise
- training
9
FG: 103220371.2
69
Dog Handlers will not be compensated for time transporting the dog to and from the
workplace. Compensation for dog handling duties shall cease during period(s) the
dog is under the care and custody of someone else. Also, officers caring for another
officer's dog during a vacation period shall not receive additional compensation
therefore.
SECTION 4.4 Overtime. Except as otherwise provided in this Article:
A. Overtime Pay.
All Officers other than Patrol Officers shall be paid at the rate of time
and one-half their regular rate of pay for the first three (3) hours in
excess of their regularly assigned schedule and beginning the fourth
(4th) hour at the rate of two (2) times their regular pay rate in one day.
B. Patrol Officers shall be paid at the rate of time and one-half their
regular rate of pay for all hours in excess of their regularly assigned
schedule up to the 14th hour and beginning with the 14th hour at the
rate of two (2) times their regular pay rate in any twenty-four hour
period. However, employees who are granted the Rest Period
provision in Section 4.2A5 or 4.9B will be compensated at the rate of
time and one-half, and not at the double time rate for hours worked for
attending court or mandatory training.
C. Callback Authorization.
Requests for off -duty employees to activate to on -duty status must be
approved by the on -duty supervisor of Command Staff.
Employees are not authorized to activate themselves for
administrative duties or law enforcement duties without specific pre -
authorization from a Sergeant or Command Staff. Pre- authorization
does not pertain to police emergency situations where an "off -duty"
officer needs to activate themself to an "on- duty" status in response to
an emergency involving an immediate threat to human life, or serious
threat to person or property, or in response to a Code 3 request for
officer assistance in the City limits of Tukwila.
D. Callback and Court.
FG: 103220371.2
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An employee who is required to work outside their regular shift, or on
their day off (including being called into court on matters arising
directly from the officer's employment as a Tukwila police officer) shall
be guaranteed four (4) hours pay at one -and -one-half times their
regular hourly rate of pay; provided the callback is not an extension
after the employee's normal shift. If the assignments require time over
the four-hour guarantee, all time over the four (4) hours and outside
the employee's normal workday shall be paid at the applicable
overtime rate. An employee directed back to work for one (1) hour or
less before the next scheduled shift shall be paid on the basis of the
overtime actually worked and the overtime minimum shall not apply.
See Section 4.2 for Rest Period Provisions that may apply following
callback and court appearances.
E. Minor Work Contact Outside of Scheduled Work Hours.
If the Employer contacts an employee for work purposes outside of the
employee's scheduled work hours (by telephone, Teams, Zoom or
otherwise), then the Employer shall compensate the employee for the time
spent during such contact at the rate of time -and -one-half the employee's
regular rate of pay. Compensation shall be for a minimum of fifteen (15)
minutes and shall continue for actual time spent during the contact in fifteen
(15) minute increments. For example, a five (5) minute call shall require
compensation for fifteen (15) minutes; a sixteen (16) minute call shall require
compensation for thirty (30) minutes; a thirty-one (31) minute call shall
require compensation for forty-five (45) minutes and so on. Any actual call
back to duty shall be governed by subparagraph A and B. above.
F. Pyramiding. There shall be no pyramiding of overtime.
G. Off -duty Call -in Authorization. Employees who are called in for an in -
progress incident, called in to work while off duty, will be paid from the time
they receive the call and have communicated to the supervisor or requestor
(1) that they are in route and (2) when they can be expected.
Employees will respond to the incident in a reasonable and appropriate
amount of time based on their proximity or distance to the station or
location. Pay will then continue until their duties are completed in
response to the issue or incident giving rise to the call. Employees will not be
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paid for their travel or commute to their residence after their duties have been
completed. See Section 4.2 for Rest Period Provisions that may apply
following call -ins. The nine (9) hour rest period will not apply if the call in
begins three (3) or less hours before the start of the employee's next work
shift.
SECTION 4.5 Shift Change. Employer reserves the right to schedule
employees to shifts, provided this will not alter shift bidding procedures or be used
to require employees to change their schedules to avoid the payment of overtime,
unless mutually agreed upon by Employer and employee, with concurrence of a
Union Executive Board member. Employer will bargain over changes in shift
configurations (e.g., 6-3, 5-2, 4- 10, 9/80, and 12 hour shifts).
SECTION 4.6 Standby. The Employer and the Union agree that the use of
standby time shall be minimized consistent with sound law enforcement practices
and the maintenance of public safety. Standby assignments shall be for a fixed, pre-
determined period of time not to exceed ten (10) hours. Employees formally placed
on standby status shall be compensated on the basis of five (5) hours straight time
pay for ten (10) hours of standby or fraction thereof. If the employee is actually
called back to work, normal overtime rules shall apply. Compensation for standby
shall not be paid in addition to overtime -minimum pay.
SECTION 4.7 Compensatory Time. Compensatory time is defined as time off
granted an employee as compensation for hours worked in addition to the
employee's scheduled workday or workweek.
A. Requesting Compensatory Time.
It is the responsibility of the employee to request compensatory time in
lieu of overtime if so desired. The Employer shall have discretion to
determine whether compensatory time is granted to the employee
when compensatory time is requested by the employee in lieu of
overtime.
B. Compensatory Time Rate.
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The granting of compensatory time in lieu of overtime will be at the
rate of one -and -one-half hours for each overtime hour worked.
C. Maximum Compensatory Time Accrual
Individual accrual of compensatory time in lieu of overtime shall not
exceed forty-eight (48) hours (i.e., 32 hours at time -and -one-half).
SECTION 4.8 Kelly Days. Patrol Officers will be granted one hundred ten
(110) hours annually to compensate for the difference between the scheduled hours
in the Patrol Work Schedule and the scheduled hours in Non -Patrol Work
Schedules. These hours will be referred to as "Kelly Days" (and be scheduled the
same as vacation). Employees may choose to use these hours to schedule time off
or to receive pay in lieu of time off or a combination of both. Fifty-five (55) of these
hours shall be credited on January 1 and fifty-five (55) of these hours will be
credited on July 1. A request for payment may only be made two (2) times per year,
one time in June and one time in December. A request for payment made by June
10 shall be paid by July 10. Any hours remaining on December 31 shall be paid on
January 10. Kelly Day pay will be calculated at the employee's straight time rate of
pay. The hours used by the employee to schedule time off will be administered in
the same manner as the holiday hours referred to in Article 10.
A. An employee transferring into or out of Patrol during a year shall receive (be
credited with) a pro rata number of paid Kelly hours that shall be paid out to the
employee at the time of the transfer.
Upon separation of employment, any unused Kelly day hours accrued up to that
point will be paid out on the final paycheck.
SECTION 4.9 Training. Training will be scheduled during the employee's
regularly assigned shift whenever reasonably feasible.
A. Outside Training.
1. A "shift" or "regularly assigned shift" is scheduled hours that
remain the same for an employee week after week. "Regularly
scheduled days off' or "weekends" are the days off that remain
the same for an employee week after week.
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FG: 103220371.2
2. The City may adjust an employee's hours and regularly
scheduled days off to accommodate training of 24 hours or
more in a one -week period, subject to notice requirements. The
City may adjust for training under 24 hours if mutually agreed
upon between the City and the employee in order to reduce
overtime and afford the ability for the employee to attend
requested training.
3. The intent of this shift adjustment is to allow employees to
participate in training and to better manage the cost of overtime.
The City shall not require an employee to work more than forty
(40) hours per week without the payment of overtime.
Employees whose schedules are adjusted to attend training
courses or conferences will be paid at time -and -one-half their
regular rate of pay for any hours worked in excess of eight (8)
hours per day, and double time of their regular rate of pay for
any hours worked in excess of twelve (12) hours per day.
4. The City will give back to the employee any regularly scheduled
day off that the employee is required to work because of a shift
adjustment. All days given back to employees shall be taken
consecutive to that employee's regularly scheduled days off.
Nothing shall preclude the City from giving back two (2) or more
missed days off on separate weekends as long as each missed
day off is given back consecutive to that employee's regular
scheduled days off.
5. All missed days off due to a shift adjustment will be rescheduled
within seven (7) days of the completion of training. The
rescheduled day will be taken within sixty (60) days of the
completion of training. The sixty (60) daytime period will be
extended by mutual agreement of the City, a member of the
Union Executive Board, and the employee.
6. The City is limited to making only three (3) such adjustments
per calendar year and each adjustment may not last more than
one (1) calendar week.
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7. The employee and the Union must be given written notice of the
shift adjustment seven (7) calendar days before the adjustment
for training is to occur. The City and the Union may agree in
writing to waive the seven (7) calendar days' notice requirement
and/or the requirement that the days off be taken consecutive.
B. Training for Patrol Officers Working Night Shift Schedule
This section only applies to officers working the 12-hour night shift
schedule. It applies to scheduled training of four (4) hours or more
during hours outside the employee's regularly assigned shift. The
schedule does not apply to court time.
As used herein, anine (9) hour rest period is defined as, 9-hours prior
to the start or 9-hours from the end time of the training. It does not
always equal 9-hours of paid time off.
1. Training on First Work Day
Training will be paid at time -and -one-half. There will be a
nine(9) hour rest period (admin time) prior to the start of training
and a nine (9) hour rest period (admin time) following the end of
the training. The patrol officer will be paid, at the regular straight
time rate for all hours they were scheduled on the night shift but
did not work because of the rest period and the officer will
report to work the remainder of the shift following the rest
period. The patrol officer will not have their shift extended as a
result of this paragraph. Officers must notify Department
supervision when they are going to take a nine (9) hour rest
period.
2. Training Mid -week
Training will be paid at straight time. There will be a nine (9) -
hour rest period (admin time) prior to the start of training and a
nine (9) hour rest period (admin time) following the end of
training. Following the nine (9) hour rest period, after training,
the officer will report for duty and work the remainder of the
scheduled shift. If there are multiple days of training the officer
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will not report back to work between the training days. The
patrol officer will not have their shift extended as a result of the
operation of this paragraph. Officers must notify Department
supervision in advance when they are going to take a nine (9)
hour rest period.
3. Training on Last Work Day
Training will be paid at time -and -one-half. There will be a nine
(9) hour rest period before the beginning of the training.
Officers must notify the department supervision in advance
when they are going to take the nine (9)hour rest period.
C. Training for SWAT
The City retains the right to adjust the regular shifts of SWAT
members to attend SWAT training. When working an adjusted shift,
SWAT members will receive straight time for the first twelve (12) hours
worked and time -and -one-half (1-1/2) for any hours in excess of twelve
(12) and will receive double time pay for any hours in excess of
thirteen (13) hours. SWAT members will be given a minimum of nine9)
hours rest before attending SWAT training at no cost to them.
D. Employees Reporting back to Shift after Training
If the officer is in training for less than a full twelve-hour shift, the
employee may be required to report back to their regular assignment
at the conclusion of training. In the event the employee is not required
to report back to their regular assignment at the conclusion of training,
the employee will be paid for the entire shift, as long as the employee
was in training for eight (8) hours or more.
SECTION 4.10 Daylight Savings Time. Employees who are working on the night
shift when the clocks are moved back one hour will be paid one hour at the overtime
rate of time and one-half. Employees who are working on the night shift when the
clocks are moved forward one hour (other than those who are regularly scheduled
to be off at 2 a.m.) shall have the option of going off duty at their normal quitting time
FG: 103220371.2
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and utilizing one hour of vacation or compensatory leave or working an additional
hour to complete normal shift hours without additional compensation.
ARTICLE 5 — SALARIES
SECTION 5.1 Agreement. The Employer agrees to maintain salaries during
the term of this Agreement as set forth in Appendix A & B.
SECTION 5.2 Additions. This Agreement shall be opened for the purpose of
negotiating salaries for new classifications affecting employees in the bargaining
unit. Nothing in this section shall preclude the Employer from establishing new
positions or classifications.
SECTION 5.3 Regular Rate. The term regular rate (including variations such
as regular pay rate, regular hourly rate, etc.) is intended to be consistent with the
term regular rate as it is defined in the FLSA.
ARTICLE 6 - PREMIUM PAY
SECTION 6.1 Premium Pay. Monthly premium pay equivalent to a percent of
the employee's monthly wage in the amount of five percent (5.0%) shall be paid to
employees assigned to the following specialties:
Auto Theft Task Force Detective
Canine
Special Emphasis Unit
Detective
Recruiting Officer
School Resource Officer
Special Weapons and Tactics (SWAT)
Traffic Officer
Training Officer
VNET Detective
Corporal [BARGAINING NOTE: The parties are currently working on an MOU
to detail the establishment of a Corporal program.]
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This premium shall be paid in addition to the normal salary structure contained in
Appendix A. In no event may an employee receive premium pay for more than one
specialty except that employees assigned to SWAT who receive premium pay for
another specialty will be paid as set forth below.
SECTION 6.2 FTO Pay. The FTO premium pay shall be two percent (2.0%) of
the employee's monthly wage and apply when FTO work assignments are made by
the Chief or designee. An additional three percent (3.0%) premium shall apply when
actively assigned a trainee. .
There may be times when it is necessary to shift adjust a FTO for a training phase.
During the period of any such shift adjustment, the FTO pay shall be increased to
ten (10%). If such a shift adjustment is necessary, it shall be done at the Chiefs
discretion.
SECTION 6.3 SWAT Pay. The SWAT premium pay can be stacked with
another premium in Article 6.1 for a total of seven percent (7.0%) of the employee's
monthly wage. There will be no pyramiding of premium pay. In return, the City will
have the right to adjust the regular shifts of SWAT members to attend SWAT
training, pursuant to Article 4.9.C.
SECTION 6.4 Instructor Pay. The Instructor premium pay shall be five
percent (5.0%) of the employee's monthly wage. When Instructor work assignments
are made by the Chief, or designee, the Instructor pay will apply when performing
instructor duties.
SECTION 6.5 Night Shift Differential Pay. The Night Shift differential pay
shall be two percent (2%) of the employee's monthly wage and shall only be paid to
employees regularly assigned to night shift. If a night shift officer is temporarily
reassigned to day shift for more than thirty (30) days, the differential shall cease
until the officer is returned to the Night Shift patrol assignment.
SECTION 6.6 Civil Disturbance Unit Pay. The CDU premium pay shall be
five percent (5.0%) of the employee's monthly wage. When CDU work assignments,
FG: 103220371.2
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either active duty or training, are made by the Chief, or designee, the CDU pay will
apply.
SECTION 6.7 Valley Independent Investigation Team Lead Pay. The VIIT
Lead premium pay shall be five percent (5.0%) of the employee's monthly wage.
The VIIT Lead pay will apply when performing VIIT Lead duties.
SECTION 6.8 Accreditation Pay. The accreditation pay shall be one percent
(1.0%) of the employee's monthly wage and shall be paid as long as the agency
maintains its accreditation.
ARTICLE 7 - DEPARTMENT WORK RULES
SECTION 7.1 Generally. The parties recognize that circumstances change
from time to time during the term of labor agreements that give rise to a need to
discuss changes in hours or working conditions (including the scope of bargaining
unit work). In order to provide a convenient forum to discuss these issues, the
parties agree to the procedure set forth in Section 7.2.
SECTION 7.2 Procedure. This Agreement may be amended within the scope
of this Article provided both parties concur. Supplemental agreements may be
completed through negotiations between the parties at any time during the life of
this Agreement. A joint committee comprised of representatives of the two parties
will meet upon the request of either party to discuss proposals related to work hours
or changes in working conditions, including the scope of bargaining unit work.
Should either party desire to negotiate a matter of this kind, it shall notify the other
party in writing of its desire to negotiate. Supplemental agreements thus completed
will be signed by an authorized representative of the Employer and Union, with a
copy to the Deputy City Administrator.
Should either party (through the Union President, Police Chief, or their designee),
having been notified of the proposed supplemental language, not respond by
requesting a meeting of the joint committee within thirty (30) calendar days, the
proposed language shall be considered acceptable and shall be forwarded to the
other party for signature. Supplemental agreements thus completed shall become a
part of this Agreement.
In those cases where the parties cannot agree, the parties agree, upon the request
of either party, to expeditiously proceed directly to request a PERC mediator who
will mediate no more than a 30-day period and, if necessary, to proceed to interest
arbitration on the issue as provided in RCW 41.56 et seq., using one of the
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arbitrators selected in the grievance procedure. The parties agree to waive the
appointment of partisan arbitrators and that the matter will be heard by an arbitrator
selected in the same manner as is provided in the grievance procedure. Neither
party may be required to arbitrate a proposal, which, if granted, would require the
Arbiter to change an express term of this Agreement.
SECTION 7.3 Work Rotation. The rotation of personnel between shifts shall
be minimized within the limitations of providing an adequate and efficient work force
at all times, as determined by the Employer.
SECTION 7.4 Personnel File:
A. Ownership. The personnel files are the property of the Employer. The
Employer agrees that the contents of the personnel files, including the
personal photographs, shall be confidential and shall restrict the use of
information in the files to internal use by the Police Department, except
as otherwise required by law. This provision shall not restrict such
information from becoming subject to due process by any court of
administrative tribunal. It is further agreed that information may be
released to outside groups subject to the approval of both the
Employer and employee; provided, that nothing in this section shall
prevent an employee from viewing their original personnel file in its
entirety upon request. The Police Chief and City Administrator shall
have access to the individual personnel files in the normal course of
their responsibilities. At the discretion of the Chief or their designees,
file material shall be released to another law enforcement agency
doing employment background upon proof of a signed release of the
individual in question.
B. Availability. The application and examination papers of a certified
eligible shall be available for inspection by the appointing authority, the
Chief of Police and the affected employee. Such papers shall also be
made available to the elected or appointed officers of the Union at the
request of the affected employee.
C. Employee rights. Employees shall have the right to review any and
all items placed in their personnel file and shall have the right to
request of the Chief that any complaint be withdrawn. In the event that
such complaint is not withdrawn if such request is made, the employee
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may invoke the provisions of Article 20. Except that no material shall
be removed from the file during that period of time that the employee
is specifically named in any civil litigation in their capacity as an
employee which pre -dates or is relevant to the litigation.
D. Employer rights. The Employer shall have the right to purge
employee files from time to time as deemed necessary, with all purged
items being returned to the employee for their own disposition. The
Employer shall follow all applicable City and Department policies and
procedures governing these files. Employees are encouraged to
review their personnel files.
ARTICLE 8 - CLOTHING/EQUIPMENT
SECTION 8.1 Uniforms and Equipment. The City shall (at its expense) issue
and maintain uniforms and equipment for each commissioned officer under a
quartermaster system.
SECTION 8.2 Quartermaster System. Any garments, clothing and/or devices
required by the Employer shall be furnished and maintained as needed and as
approved by the Employer. The City and Union have developed the following list of
the minimum required/issued items, which may be amended by mutual agreement.
All items issued under the quartermaster system shall meet Police Department
standards.
A. All Bargaining Unit Employees:
Five (5) Uniform Shirts (at least one shirt will be long sleeve)
Three (3) Uniform Pants
One (1) Uniform Jacket
One (1) Uniform Dress Hat
One (1) Baseball Hat
One (1) Uniform Tie
One (1) Uniform Tie Clasp
One (1) Uniform Jumpsuit (upon successful completion of probation)
One (1) Gore -Tex Uniform Raincoat
One (1) Duty Firearm
Two (2) Sets of Handcuffs
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One (1) Duty Baton
One (1) Duty OC Canister
One (1) Uniform Badge
One (1) Uniform Hat Badge
Five (5) Uniform Name Tags (sew on)
One (1) Uniform Name Tag (Pin Type)
One (1) Soft Body Armor (Threat Level 3A or Greater)
One (1) Flashlight with Charge
Two (2) Citation Book Holders Duty Belt
Pants Belt
Four (4) keepers Security holster
Double magazine pouch
Cuff case(s), either one (1) double or two (2) single cuff cases
OC case
Radio case
Key case
Glove case
Stick ring
Flashlight ring holder
B. Plain clothes assignments:
One (1) Hidden agenda jacket
One (1) Undercover holster, cuff case, ammo pouch
One (1) Coveralls
One (1) Load bearing vest
Credential wallet & badge
C. Bicycle Qualified Officers: (with bikes uniforms and equip as
applicable to assignment)
Two (2) Bike uniform shirts, long sleeve
One (1) Load bearing vest
Two (2) Bike uniform shirts, short sleeve
Two (2) pair Bike uniform shorts
One (1) pair Bike uniform winter pants
One (1) Bike uniform coat
One (1) Hidden agenda jacket
One (1) pair Bicycle footwear
One (1) pair Eye protection
FG: 103220371.2
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Two (2) Bike helmets
Two (2) pair Safety gloves (winter & summer)
One (1) Undercover holster, cuff case, ammo pouch
One (1) Stinger flashlight with charger
D. K-9 Assignments:
Two (2) jumpsuits
One (1) pair of boots
One (1) pair of gloves
One (1) Stinger flashlight with charger
One (1) flashlight
E. Footwear. Basic duty footwear. All employees shall be entitled to
elect either shoes or boots. The City's maximum expenditure is $125
for shoes (to be replaced on an as needed basis) or $200 for boots
other than bicycle footwear (to be replaced on an as needed basis).
The individual employee shall pay any overage. Detectives may
choose either basic uniform duty shoes or boots or dress shoes or
boots.
SECTION 8.3 Jumpsuits. The City will provide one jumpsuit to any new hire
after they complete probation. For jumpsuit replacement, the City will maintain a list
of the dates of when an officer last had a jumpsuit purchased. Beginning on January
1st of each year, the City will contact the 20 officers assigned to patrol who have the
oldest jumpsuits and ask if they want a new jumpsuit this year or wait. If any of the
20 choose to wait, the City will continue down the patrol list until there are 20
officers who request new jumpsuits. If there are not 20 patrol officers, then the City
will offer the jumpsuits to non -patrol starting with the non -patrol officer with the
oldest jumpsuit. Additionally, the City will replace any jumpsuit that is destroyed in
the course of an officer's duties.
SECTION 8.4 Dry Cleaning. The City will pay $250 per year directly to
employees and employees will pay for dry cleaning.
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SECTION 8.5 Plain Clothes (Non -Uniformed) Assignments. Employees
assigned to a plainclothes Unit shall receive an annual clothing allowance in the
amount of three hundred fifty dollars ($350). The clothing allowance shall be paid in
the employee's first paycheck in December of each year. The clothing allowance
shall be prorated to reflect assignment to a plain clothes Unit for any period of less
than a year.
SECTION 8.6 Assignment of Department Take -Home Vehicles.
Bargaining unit employees assigned to the following positions shall be issued take
home vehicles: detective, K-9, Traffic Unit, SWAT Team, and SEU Team Detective .
A. Other non -patrol bargaining unit employees currently assigned take
home vehicles shall continue to be assigned take-home vehicles until
the employees rotate to new assignments. The assignment of a
vehicle to positions other than those specified in Section 8.5 above
shall be at the discretion of the Police Chief. Take-home vehicles shall
not go with employees when they transfer from one assignment to
another. Each assignment shall be evaluated by the Chief as to need
on a case -by -case basis.
B. An employee with a take home vehicle shall be prohibited from driving
the take home vehicle more than 35 miles outside the City limits when
commuting to or from their home. In the event an employee with a take
home vehicle lives more than 35 miles from the City limits of the City
of Tukwila, such employee will be required to park their take home
vehicle at a secured location (e.g., public entity like a Fire District,
Police Department, State Patrol property) no more than 35 miles
outside the City limits.
ARTICLE 9 - SICK LEAVE
SECTION 9.1 LEOFF II. Uniformed employees hired under the provisions of
LEOFF II are excluded from the provisions of RCW 41.26.150 and shall receive sick
leave benefits as follows: LEOFF II employees shall be entitled to and awarded
twelve (12) days of sick leave with pay upon date of employment with the Employer.
Beginning with the thirteenth (13th) month of continuous service, each employee
shall accrue one day of sick leave with pay per calendar month of the employee's
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active service. A "day" for purposes of sick leave accrual shall be the number of
hours that the officer is regularly scheduled for a shift (i.e., 12 hours of sick leave
accrual for officers who work the 12 hour shift and 10 hours for officers who work
the 10 hour shift). Employees will be allowed to carryover 720 hours of sick leave at
the end of each calendar year. Full-time and part-time employees shall receive
"sick leave" buyout for hours above the annual carry over limit at the end of
each year into their VEBA account. The buyout rate is twenty-five percent (25%)
of the value of the hours.
Sick leave may be used for any authorized purpose under RCW 49.46.210.
SECTION 9.2 Separation of Employment. In the event an employee
terminates their employment, or such employment is terminated for any reason
whatsoever with the Employer prior to using their accumulated sick leave time, they
shall be entitled to pay equal to twenty-five percent (25%) of the amount payable for
any unused sick leave unless terminated during the probationary period. The
twenty-five percent (25%) will be put into the employee's VEBA. If a probationary
employee has used more than a day of sick leave per month worked, any additional
amount shall be subtracted from the employee's final paycheck.
SECTION 9.3 Domestic Partner Benefits. Employees will be eligible for
domestic partner benefits in accordance with changes in City Policy.
SECTION 9.4 Light Duty. "Light Duty" is a temporary assignment that may be
made by the Employer when an employee is restricted from performing the duties of
his or her job as determined by their treating physician. If a light duty assignment is
made available, the Chief or his designee will determine the assignment, length of
assignment and work schedule based upon the restrictions provided by the treating
physician. The light duty assignment will not exceed six (6) months without approval
of the Chief. This section is not intended to be more restrictive than applicable state
and federal law, including RCW 41.04.505 and RCW 41.04.520.
SECTION 9.5 Zero Balance Sick Leave. If an employee calls in sick and
does not have sick leave to cover the sick hours, in instances where the sick leave
causes minimum staffing overtime, the employee will be placed on Leave Without
Pay for the hours not covered by any sick leave accrual.
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FG: 103220371.2
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ARTICLE 10 — HOLIDAYS
SECTION 10.1. Employees shall receive holidays in accordance with existing City
ordinances, at times, which are mutually agreeable to both the Employer and the
employee.
A. Holidays Listed. The following are established as holidays:
January 1 New Year's Day
Third Monday in January Martin Luther King's Birthday
Third Monday in February Presidents' Day
Last Monday in May Memorial Day
June 19............................................... Juneteenth
July 4 Independence Day
First Monday in September Labor Day
November 11 Veteran's Day
Fourth Thursday in November Thanksgiving Day
Fourth Friday in November Day after Thanksgiving
December 25 Christmas
B. Method of Payment
1. Patrol - Patrol bargaining unit employees (commissioned Officers
not in specialty positions, except K-9, assigned to patrol work full-
time) will be given a one -hundred- forty (140) holiday hour bank
during each anniversary year of the current collective bargaining
agreement in lieu of receiving holidays under Section 10.1A above.
Seventy (70) of these hours shall credited on January 1 and
seventy (70) of these hours shall be credited on July 1. Patrol
employees may choose to use these hours to take time off or to
receive pay in lieu of time off or a combination of both. A request for
payment may only be made two (2) times per year, one time in
June and one time in December. A request for payment made by
June 10 shall be paid by July 10. Any hours remaining on
December 31 shall be paid on January 10. Holiday pay will be
calculated at the employee's straight time rate of pay.
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Upon separation of employment, any unused holiday hours accrued
up to that point will be paid out on the final paycheck.
2. Non -Patrol - Non -Patrol bargaining unit employees (commissioned
Officers and Sergeants, not assigned to patrol work full-time) shall
continue to work a four (4) ten (10) hour day schedule during a
holiday week. (SEU Team included)
a. Regularly Scheduled Work Day. If a holiday is observed on
the employee's regularly scheduled work day, the employee
shall be given the day off and shall be paid ten (10) hours of
holiday pay. The annual number of paid holiday hours is
100.
b. Regularly Scheduled Day Off. If the holiday is observed on
the employees regularly scheduled day off, the employee
shall be paid eight (8) hours of holiday pay.
If an employee is called into work on the holiday and the
employee works a full shift on such holiday, the employee
shall be paid double time and one- half for all hours worked
on the holiday during the employee's regularly scheduled
shift. All hours worked in addition to the employee's regularly
scheduled shift on a holiday shall be considered overtime
and paid in accordance with Section 4.4. of this collective
bargaining agreement.
If an employee is called into work on the holiday and the
employee works less than a full shift on such holiday, the
employee shall be paid double time and one-half for all
hours worked on the holiday and shall be paid holiday pay at
their regular rate of pay for the remainder of their ten (10)
hour shift.
Holiday pay will be calculated at the employee's straight time
rate of pay.
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ARTICLE 11 - EDUCATION ALLOWANCE
SECTION 11.1 Education Allowance. All non -probationary officers who are
holding an AA degree or two (2) years of college (ninety credit hours for quarters and
sixty credit hours for semesters) toward a Bachelor's Degree in an approved field of
study will be awarded education incentive pay of 2% of the employee's monthly wage.
Any such officer holding a B.S. or B.A. Degree in an approved field of study shall be
awarded education incentive pay of 4% of the employee's monthly wage.
Approved fields of study:
1. Law Enforcement
2. Sociology
3. Psychology
4. Public Administration
5. Business Administration
6. Political Science
7. Other work -related fields of study to the approval of the Chief.
In order to be eligible for Education Incentive pay, degrees and credits shall be from a
Nationally accredited college or university. Degrees shall be in an approved field of
study. However, Bachelor's degrees earned in other field(s) of study and extended by
Nationally accredited colleges or universities may be compensated at the AA level at
the discretion of the Chief. Credits that are granted for "life experience" as opposed to
conventional coursework and independent study will not qualify for education incentive.
SECTION 11.2 Tuition Reimbursement. The Employer shall reimburse
employees for the cost of tuition as long as the subject matter of the course of study or
of a specific course is in an approved field of study as set forth in Section 11.1 and as
long as the tuition costs do not exceed those found at a Washington state university and
as long as the officer is working towards a degree in that approved field of study. The
total reimbursements for Union represented employees, as a group, shall not exceed
$15,000 in any calendar year. Tuition reimbursement shall be applicable to
undergraduate study.
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A. In order to receive tuition reimbursement an employee must receive
approval for a course of study or for a specific course prior to taking the
course. If an employee receives a scholarship (or received federal or state
reimbursement funds [excluding student loans]) the total amount of the
Employer's reimbursement shall not exceed 100% of the total cost of
tuition.
B. An employee receiving tuition reimbursement must maintain a "C" grade
(or equivalent satisfactory mark) and shall submit a transcript with the
request for reimbursement.
C. A request for tuition reimbursement for an approved course of study or
specific course shall be paid within sixty (60) days of submission.
D. When an employee completes a course of study at a particular level
(undergraduate or graduate) the employee shall notify the Employer of the
degree attained.
SECTION 11.3 In Service Training Agreements. Employees who are provided
long-term training (in excess of four consecutive weeks) as a result of an assignment
can be required, as a condition of assignment, to enter into a reimbursement agreement
for costs of specialized training. Reimbursement would be computed based upon term
of the agreement, which shall not exceed twenty-four (24) months (i.e., 1/24th per
month on a 24-month contract). Training costs will be estimated at the time the contract
is presented. Actual repayment will be based on actual or estimated costs, whichever is
lower.
ARTICLE 12 - MASTER POLICE OFFICER PLAN
SECTION 12.1 The Tukwila Police Department's Master Police Officer Plan recognizes
the career police officer. The plans provide the department with a number of personnel
who are highly trained in a variety of police duties. This program benefits both the
individual and the Department as a whole, through special projects, continuing
education and the overall and continued upgrading of personal knowledge. Eligibility for
the respective steps of Master Police Officer are as follows.
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Master Police Officer 3 (MPO 3)
1. A performance rating of "meets standards" or above on the current
annual city performance appraisal.
2. Successful completion of six (6) years of service with the Tukwila
Police Department. Two (2) years of college (90 quarters or 60
semester hours) or one year of college and 160 hours of law
enforcement training (exclusive of Basic Academy) through the
Washington State Criminal Justice Training Commission. Other
training will be evaluated for eligibility.
Master Police Officer 2 (MPO 2)
1. A performance rating of "meets standards" or above on the current
annual city performance appraisal.
2. Must have spent at least two (2) years in any one or more specialty
assignment, and/or have two (2) years experience at the Sergeant
level, within the Tukwila Police Department. Specialty assignments
are detectives, traffic, K-9, crime prevention, research and
development, training, department instructor, School Resources
Officer, TAC Team (or equivalent team under a different name),
Field Training Officers, ESU (SWAT), and CDU to meet the
specialty assignment requirement. An employee transferring to or
from CDU to or from another specialty will be given pro rata credit
for all CDU service.
3. Successful completion of nine (9) years of service with the Tukwila
Police Department and three (3) years of college (120 quarters or
90 semester hours). Up to two (2) years of college may be
substituted with law enforcement training at the rate of 160 hours of
law enforcement training (exclusive of Basic Academy) through or
approved by the Washington State Criminal Justice Training
Commission or Tukwila Police Department for each year. Other
training will be evaluated for eligibility.
OR
Successful completion of twelve (12) years of service with the
Tukwila Police Department and 288 hours of law enforcement
training (exclusive of basic Academy) through or approved by
WSCJTC or the Tukwila Police Department.
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Master Police Officer 1 (MPO 1)
1. A performance rating of "meets standards" or above on the current
annual city performance appraisal.
2. Must have spent at least three (3) years in any one or more
specialty assignment, and/or have three (3) years' experience at
the Sergeant level, within the Tukwila Police Department. Specialty
assignments are detectives, traffic, K-9, crime prevention, research
and development, training, department instructor, School
Resources Officer, TAC Team (or equivalent team under a different
name), Field Training Officers, ESU (SWAT), and CDU, provided
however, an employee in CDU must have spent at least four (4)
year in CDU to meet the specialty assignment requirement. An
employee transferring to or from CDU to or from another specialty
will be given pro rata credit for all CDU service.
3. Successful completion of twelve (12) years of service with the
Tukwila Police Department and four (4) years of college (180
quarter or 120 semester hours). Up to two (2) years of college may
be substituted with law enforcement training at the rate of 160
hours of law enforcement training (exclusive of the Basic Academy)
through or approved by the Washington State Criminal Justice
Training Commission or the Tukwila Police Department for each
year. Other training will be evaluated for eligibility.
OR
Successful completion of fifteen (15) years of service with the
Tukwila Police Department and 288 hours of law enforcement
training (exclusive of basic Academy) through or approved by
WSCJTC or the Tukwila Police Department.
SECTION 12.2 Eligibility
A. Notification. Each officer will notify the department, in writing, when
requesting Master Police Officer status. A review will be done of their
qualifications, including the most recent performance appraisal.
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B. Re -application. Any officer who fails to meet the eligibility requirements
will be able to reapply after the next performance appraisal. Performance
appraisals will be done yearly on the employee's anniversary date. Should
the yearly performance appraisal not be completed, it shall be considered
waived for the affected period.
If a Master Police Officer fails to meet the requirements two (2)
consecutive evaluation periods, they will be returned to the next lowest
position below the one they are currently in. They shall be eligible to
reapply at the next evaluation period.
C. Grievances. Any employee may grieve the results of an evaluation
through Step Two (2) of the Formal Grievance Procedure as contained in
Article 20 of the Labor Agreement between the parties. The decision of the
Mayor shall be final.
ARTICLE 13 — SENIORITY
SECTION 13.1 Seniority. Beginning upon ratification by both parties, for entry
level officers, the date used for purposes of seniority shall be their sworn (fully
commissioned) date, not their date of hire. For lateral hires, the date used for purposes
of seniority shall be their date of hire with the Tukwila Police Department. (This shall not
apply retroactively.)
Seniority (as set forth above) is intended to be used for matters such as vacation
scheduling and shift bidding; however, it is not intended to be used for matters such as
top step wages, vacation accruals, or longevity pay, which continue to be the date of
hire for all employees.
ARTICLE 14 — VACATIONS
SECTION 14.1 Vacation Hours. The following schedule shall govern with
respect to vacations:
Years Vacation
Completed Hours
1 96
2 96
3 96
Years Vacation
Completed Hours
16 176
17 176
18 184
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4 96
5 112
6 120
7 128
8 128
9 136
10 136
11 152
12 160
13 160
14 176
15 176
19 184
20 184
21 184
22 192
23 192
24 192
25 192
26 200
27 200
28 200
29 200
30 200
30+ 200
Section 14.2 Vacation Rules. Annual vacations shall be subject to the
following rules:
A. Minimum. The minimum vacation allowance to be taken by an employee
shall be 15 minutes.
B. Agreement. Vacations shall be granted at such times that are mutually
agreeable to both the Employer and employee.
C. Terminology. Temporary or intermittent employees who leave the
employment of the City and later are re-employed shall, for the purpose of
this Article, commence their actual service with the date of re-employment.
For the purpose of this Article, "actual service" shall be determined in the
same manner as for salary purposes.
D. Maximum. Maximum hours accumulations of vacation time shall not
exceed that which is equal to two years total at the highest eligible rate.
E. Pay upon death. On the death of an employee in active service, pay will
be allowed for any vacation earned in the preceding year and in the
current year and not taken prior to the death of such employee.
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F. Leave of Absence. An employee granted an extended leave of absence,
which includes the next succeeding calendar year, shall be given pro-
rated vacation earned in the current year before being separated from the
payroll.
ARTICLE 15 — PENSIONS
SECTION 15.1 Pension benefits shall be received in accordance with RCW
41.26 as currently in effect.
ARTICLE 16 - MEDICAL COVERAGE
SECTION 16.1 Medical Insurance
A. Employer contributions. Except as otherwise provided in this Article,
the Employer shall contribute the premiums necessary to purchase
medical care insurance for each full-time employee and their dependents
under the City of Tukwila's Self -Insured Medical Plan. The City will pay
100% of the cost of medical coverage for all bargaining unit members.
Officers will pay through wage deduction ten percent (10%) of the cost of
medical coverage for dependents. Such coverage shall not be less than
that which existed under the City of Tukwila Self -Insured Medical Plan in
place February 1, 2004, except as subsequently agreed herein by the
parties.
B. Kaiser-Permanente. For employees who elect medical coverage through
Kaiser-Permanente, the Employer shall pay 100% of the cost of medical
coverage for all bargaining unit members and 90% of the cost of medical
coverage for their eligible dependents, up to the maximum dollar amount
contribution of the Self -Insured Plan for full -family coverage. Any premium
amounts in excess of the Employer's contribution shall be paid by the
individual through payroll deduction. Coverage under the Kaiser-
Permanente Plan shall be as determined by Group Health Cooperative.
C. Cost of premiums. The Employer shall continue to pay the full premium
for medical coverage under the Self -Insured Medical Plan up to a
maximum increase of eight percent (8%) in a year. In the event the
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monthly premiums increase more than the stated amount in a year, the
Employer or the Union has the right to reopen the Agreement to negotiate
changes in the Self -Insured Medical Plan benefits so that the increase in
premium costs does not exceed the stated amount. Effective January 1,
2018, the Union accepts the following changes in plan design: The
changes are: Increase co- pays for Specialist to $40 (from $25), Complex
imaging to $100 (from $0), and Urgent Care to $50 (from $25) and
Change to the Envision Select Formulary.
SECTION 16.2 Dental. Dental coverage will be maintained for all employees and
their dependents during the term of this Agreement under the City of Tukwila Self -
Insured Dental Plan, or its replacement. All employees under this Agreement shall be
required to participate.
The cost for such plan will be borne on the following basis: the Employer will contribute
one hundred percent (100%) of the total premium for this coverage. Such coverage
shall not be less than that which exists under the AWC WDS Plan "A" in place October
1989, except as provided under this Article.
SECTION 16.3 Optical Plan. Examination and eyeglasses/contact lenses for all
employees and dependents covered under this Agreement will be paid for by the
Employer. The City shall provide coverage for eye examinations, vision, and optical
care to regular full-time police officers and their dependents at the rate of $250 per
person, to a maximum of $500 per family unit, each year.
SECTION 16.4 Life Insurance. The Employer shall pay one hundred percent
(100%) of the total premiums of all life insurance of the benefits of the employee
covered under this Agreement. The face value of said insurance policy shall be $25,000
and shall include $25,000 dismemberment clause.
SECTION 16.5 LEOFF 11 Disability Insurance. With respect to LEOFF II officers,
the Union has elected to forego City coverage and has selected an alternative LTD
plan. The City shall require LEOFF II Officers to participate in the long-term disability
insurance program selected by the Union as a condition of employment. The City shall
provide for a mandatory payroll deduction to accomplish this purpose.
SECTION 16.6 Insurance Carrier. The City retains the right to select all insurance
carriers or to self -insure coverage as provided herein.
SECTION 16.7 Re -opening Clause. During the term of this Agreement, the City
and the Union each reserve the right to open negotiations in the event healthcare
reform legislation, including the Affordable Care Act (ACA), mandates changes
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unanticipated by the parties. The purpose of such negotiations shall be to reach
agreement on a mutually acceptable alternative medical option(s).
SECTION 16.9 Domestic Partner Benefits. Employees will be eligible for
Domestic partner benefits in accordance with changes in City Policy.
Section 16.10 Teamsters Retirees' Welfare Trust.
Teamsters Retirees' Welfare Trust
Based on December 2024 hours, effective January 1, 2025 and on a monthly basis
thereafter, the City shall pay the sum of one hundred seventy five dollars ($175.00)
per month for benefits under the "RWT-XL Plan" during the period this Collective
Bargaining Agreement is in effect, the City agrees to remit payment to the Retirees
Welfare Trust, c/o NORTHWEST ADMINISTRATORS, INC., for each employee who
received compensation for eighty (80) hours or more in the previous month.
Maintenance of Benefits
The Trustees of the Washington Teamsters Welfare Trust or the Retirees Welfare
Trust may modify benefits or eligibility of any plan (i.e. for the purpose of cost
containment, cost management, or changes in medical technology and treatment). If
increases are necessary to maintain the current benefits or eligibility, or benefits or
eligibility as modified by the Trustees during the life of the Agreement, the City will pay
such increases up to eight percent (8%) in a year. If an increase of more than eight
percent (8%) in a year is necessary, the parties will meet to negotiate responsibility for
payment of the increase in excess of eight percent (8%).
ARTICLE 17- PROBATIONARY PERIOD
SECTION 17.1 Probationary Period. All newly hired and promoted employees
must serve a probationary period. The probationary period for newly hired employees
shall end one year from the date the employee completes the training academy and
begins work in patrol. The probationary period upon promotion shall be one year from
the date of appointment. The probationary period shall be extended for the number of
work days equal to the number of work days an employee was absent in excess of 10
work days during the probationary period; provided that the taking of scheduled and
approved vacation or compensatory time off shall not be counted toward the ten day
period for promotional probationers. The probationary period is an extension of the
hiring process; therefore, the provisions of this Article will not apply to employees if they
are discharged during their initial probationary period or are demoted during the
promotional probationary period for not meeting the requirements of the classification.
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Grievances brought by probationary employees involving issues other than discharge or
demotion may be processed in accordance with Article 20.
SECTION 17.2 Lateral Hires. Lateral hires who have previously completed the
training academy shall have their probationary period begin on the date of hire. All other
provisions of Section 1 above shall apply to lateral hires.
SECTION 17.3 Wage Progression. Employees shall progress through the wage
steps established in accordance with Appendix A of this Agreement.
ARTICLE 18 - DISCIPLINARY PROCEDURES
SECTION 18.1 It is agreed that the Employer has the right to discipline, suspend or
discharge any employees for just cause. Employees are subject to the provisions
published as Administrative Policy, City Ordinances, City and State Civil Service Rules
and Regulations as they exist, and the terms of this Agreement, including the
procedures set forth in Section 18.2.
SECTION 18.2 The following procedures shall apply to: (a) provide prompt, just, open
and fair dispositions of complaints against employees of the Employer and, (b) provide
procedural protection to all employees during the complaint and disciplinary process.
A. A "disciplinary interview" shall mean questioning by a person in authority
over an employee when the interviewer either knows or reasonably should
know that the questioning concerns a matter that could lead to
suspension, demotion, termination, as opposed to routine inquiries.
B. Every employee who becomes the subject of a disciplinary interview shall
be advised, in writing, a minimum of 48 hours prior to the time of the
interview that they are suspected of:
1. Committing a criminal offense;
2. Misconduct that would be grounds for termination,
suspension, or demotion; and,
3. That they have the right to Union representation during the
interview.
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4. The general scope of the interview including the nature of the
matter in sufficient detail to reasonably apprise the employee of the
matter under investigation.
C. Any employee who becomes the subject of a criminal investigation may
have legal Counsel present during all interviews. Nothing in this
agreement, however, shall be deemed a waiver of an employee's right to
Union representation. A criminal investigation as used herein shall be
interpreted as any action which could result in the filing of a criminal
charge.
D. In criminal matters, employees will either be ordered to answer questions
or informed that they are not required to answer the employer's questions
as a condition of employment.
E. The employee shall be informed in writing as to whether they are a
witness or suspect before any interview commences.
F. Any employee assigned to administrative leave as a result of a disciplinary
investigation will be placed and maintained on paid leave for the duration
of the administrative leave. Administrative leave for a disciplinary
investigation shall only be used when the Chief of Police, or designee,
determines the alleged misconduct is so serious in nature as to warrant
the removal of the employee from work. The Chief of Police or designee
shall state in writing the nature of the alleged misconduct supporting the
administrative leave.
G. The disciplinary interview of any employee shall be at a reasonable hour,
preferably during the normal workday of the employee, unless the
exigencies of the interview dictate otherwise. This requirement shall not
apply to pre -disciplinary hearings with the Chief.
H. The employee or Employer may request that a disciplinary interview be
recorded, either mechanically or by a stenographer. There can be no "off
the record" questions. Upon request, the employee in a disciplinary
interview shall be provided an exact copy of any written statement they
have signed, and a copy of the officer's taped/transcribed (if made)
interview.
Interviewing shall be completed within a reasonable time and shall be
done under circumstances devoid of intimidation or coercion. In all
disciplinary interviews, the employee shall be afforded an opportunity and
facilities to contact and consult privately with an attorney of their own
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choosing, before being interviewed. Such opportunity to contact and
consult privately with a private attorney shall not unduly delay the
disciplinary interview.
The employee shall be entitled to such reasonable intermissions, as they
shall request for personal necessities, meals, telephone calls and rest
periods. The employee may be represented by either a private attorney or
the Union during the interview, but not both.
J. All interviewing shall be limited in scope to activities, circumstances, or
events which pertain to the employee's conduct or acts which may form
the factual basis for disciplinary action under one (1) or more of the
categories contained in Section 18.2.b.2 herein.
K. The employee will not be threatened with dismissal or other disciplinary
punishment as a guise to attempt to obtain their resignation, nor shall they
be subject to abusive or offensive language or intimidation in any other
manner. No promises or rewards shall be made as an inducement to
answer questions.
L. No employee shall be required to unwillingly submit to a polygraph test.
M. Should any section, sub -section, paragraph, sentence, clause or phrase in
this article be declared unconstitutional or invalid, for any reason, such
decision shall not affect the validity of the remaining portions of this article.
N. The investigation shall be completed in a reasonable amount of time in
light of the circumstances and discipline shall be imposed within a
reasonable amount of time after the conclusion of the investigation.
ARTICLE 19 - MANAGEMENT RIGHTS
SECTION 19.1 The Union recognizes the prerogatives of the Employer to operate and
manage its affairs in all respects in accordance with its responsibilities and powers of
authority.
SECTION 19.2 The Employer has the right to schedule overtime work as required in a
manner most advantageous to the Department and consistent with requirements of
municipal employment and the public safety.
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SECTION 19.3 It is understood by the parties that every incidental duty connected with
operations enumerated in job descriptions is not always specifically described.
SECTION 19.4 The Employer reserves the right to lay off personnel for, lack of work or
funds; or for the occurrence of conditions beyond the control of the Employer, or when
such continuation of work would be wasteful and unproductive. The Employer shall
have the right to determine reasonable schedules of work and to establish the methods
and processes by which such work is performed in accordance with Article 4 of this
Agreement.
SECTION 19.5 No policies or procedures covered in this Agreement shall be construed
as delegating to others or as reducing or abridging any of the authority conferred on City
Officials as defined in the following:
A. Mayor. The Ordinance responsibility of the Mayor as Chief Executive
Officer of the City for enforcing the laws of the State and the City, passing
upon Ordinances adopted by the City Council, recommending an annual
budget, or directing the proper performance of all executive departments.
B. Council. The responsibility of the City Council for the enactment of
Ordinances, the appropriation of monies and final determination of
employees' compensation.
C. Commission. The responsibility of the Civil Service Commission, as
provided by State statute or ordinance, for establishing rules, certifying
registers and the reviewing of appointments in the police service, subject
to the applicable bargaining duty of the City and the terms of this
agreement.
D. Police Chief. The responsibility of the Chief of Police and their delegates
governed by Ordinance, Civil Service rules and Departmental rules, and
as provided for in this Agreement, as follows:
1. To recruit, assign, transfer, or promote members to positions within
the Department.
2. To relieve members from duties because of lack of work, or lack of
funds.
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3. To determine methods, means, and personnel necessary for
departmental operations.
4. To control the departmental budget.
5. To take whatever temporary actions are necessary in emergencies
in order to assure the proper functioning of the Department.
ARTICLE 20 — GRIEVANCE PROCEDURE
SECTION 20.1 Definition. A "grievance" means a claim or dispute by an employee
(or the Union on behalf of an employee or employees or on its own behalf with regard to
matters effecting the Union as an entity) with respect to the interpretation or application
of the provisions of this Agreement.
SECTION 20.2 Procedure:
A. Step 1:
An employee or the Union must present a grievance within fourteen (14)
calendar days of its alleged occurrence to the employee's supervisor who
shall attempt to resolve it within fourteen (14) calendar days after it is
presented to the supervisor.
B. Step 2:
If either the employee or the Union is not satisfied with the solution by the
supervisor, the grievance, in writing, stating the section of the agreement
violated, the facts of the case as seen by the grieving party, and the
remedy sought, may be presented within fourteen (14) calendar days after
receipt of the supervisor's answer in step 1 to the Chief of Police (with a
copy to the Deputy City Administrator) who shall attempt to resolve the
grievance within fourteen (14) calendar days of its presentation.
In the case of disciplinary actions, both appealable to the Civil Service
Commission and grievable under the terms of this contract, a written
election of remedies shall be made after receipt of the Step 2 response.
An employee may elect to either pursue an appeal to the Civil Service
Commission or continue with the contractual grievance procedure, but not
both. If mutually agreed, time limits will be extended to complete a
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reasonable investigation before the election of remedies is made. Appeal
for disciplinary actions shall bypass Step 3 below and proceed directly to
the Civil Service Commission pursuant to the rules of the Commission or
to arbitration as provided for in Step 4 of this agreement.
C. Step 3:
If the employee or the Union is not satisfied with the solution by the Chief
of Police, the grievance, in writing, together with all other pertinent
materials may be presented to the Mayor or their designee by a Union
representative within (14) calendar days after receipt of the Chief's answer
in Step 2. The Mayor or their designee shall attempt to resolve the
grievance within fourteen (14) calendar days after it has been presented to
the Mayor.
D. Step 4:
Except as otherwise provided in this Article, if the grievance is not
resolved in Step 3 the grievance may, within thirty (30) calendar days, be
referred to arbitration by the Union. In cases where 41.58.070 is
applicable, the parties will act consistent with the RCW for the arbitrator
selection and process. In all other cases, the City and the Union shall try
to agree upon a mutually acceptable arbitrator. If the parties fail to agree,
they shall request a list of seven (7) arbitrators from the Federal Mediation
and Conciliation Service, with all arbitrators being members of the
National Academy of Arbitrators. The parties shall alternatively strike from
the list until only one name remains.
The Arbitrator shall hold the hearing within 120 days of their appointment
unless the parties mutually agree to extend the hearing date in writing.
The Arbitrator shall decide the case based on the interpretation and
application of the provisions of the agreement within thirty (30) days after
such hearing. The decision shall be final and binding upon the parties to
the grievance provided the decision does not involve action by the City,
which is beyond its jurisdiction. Each party hereto will pay the expenses of
their own representatives (e.g. attorney's fees) and the expenses of the
arbitrator will be borne equally by the parties hereto.
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Neither the arbitrator nor any other person or persons involved in the
grievance procedure shall have the power to negotiate new agreements or
to change any of the present provisions of this agreement.
SECTION 20.3 Timeliness. It is the intent of this grievance procedure that the
parties will process grievances within the timeframes set forth herein. In the event the
grievance is not processed in the timeframes stated, then the matter shall be
considered resolved. If the City fails to comply with the timeframes herein, then the
grievance will automatically advance to the next step. The timeframes may be extended
by mutual written agreement of the parties.
ARTICLE 21 - NO STRIKE
SECTION 21.1 No Strike. During the life of this Agreement, neither the Union nor
any officer, agent, or employee will instigate, promote, sponsor, engage in, or condone
any strike (including sympathy strike), slowdown, concerted stoppage of work, or "sick-
outs".
SECTION 21.2 Union Official Responsibility. Each employee who holds the
position of officer or Executive Board Member of the Union occupies a position of
special trust and responsibility in maintaining and bringing about compliance with the
provisions of this Article. In the event of a violation of Section 21.1 of this Article, the
Union agrees to inform its members of their obligations under this Agreement, and to
direct them to return to work.
ARTICLE 22 — LEAVES
SECTION 22.1 Discretionary Leaves. The City may, at its discretion, grant a
leave of absence under this subsection except for illness, injury, or pregnancy, to any
bargaining unit employee for good and sufficient reason. The City shall, at its discretion,
set the terms and conditions of the leave, including whether or not the leave is to be
with pay.
SECTION 22.2
applicable law.
Military Leave. Military leave shall be granted in accordance with
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SECTION 22.3 Jury Leave. All employees covered by this Agreement who are
required to report for jury duty shall sign their jury duty checks over to the City and shall
be compensated at their regular rate of pay for each hour actually spent on jury duty. If
an employee is released by the Court from jury duty on any given day, the employee
shall immediately notify their supervisor for assignment to work.
If, however, jury duty lasts eight hours or more, but less than a full shift, the employee
shall not be required to report back to their regular assignment at the conclusion of
Court for that day and shall be compensated at their regular rate of pay for the full shift.
SECTION 22.4 Bereavement Leave. An employee who has a member of their
immediate family taken by death or who has been notified by a physician in attendance
of imminent death may request to use up to eighty (80) hours of leave of absence with
pay. Immediate family shall be defined as: spouse, mother, father, mother-in-law, father-
in-law, children, brother, sister, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
grandparents, and grandchildren.
Employees will be eligible for Domestic Partner benefits in accordance with changes in
City Policy.
SECTION 22.5 Employment Elsewhere. A leave of absence will not be granted
to enable an employee to try for or accept employment elsewhere or for self-
employment without the expressed written consent of the Chief of Police.
ARTICLE 23 — INDEMNIFICATION
SECTION 23.1 In accordance with RCW 4.96.041 and Chapter 2.105 of the Tukwila
Municipal Code, the City shall indemnify, defend, and hold harmless any employee
subject to claim or suit, including damages of a non -punitive nature, when the employee
has in good faith purported to perform acts within the scope of the employee's
performance of their official duties. Indemnity defense shall not be provided by the
Employer for any suit, claim or action brought against the employee by, or on behalf of,
the Employer.
ARTICLE 24 - SAVINGS CLAUSE
44
FG: 103220371.2
104
SECTION 24.1 Severability. If any article of this Agreement of any addenda
hereto should be held invalid by operation of law or by any tribunal of competent
jurisdiction, or if compliance with or enforcement of any article should be restrained by
such tribunal, the remainder of this Agreement and addenda shall not be affected
thereby and the parties shall enter immediate collective bargaining negotiations for the
purpose of arriving at a mutual satisfactory replacement of such article.
SECTION 24.2 Prevailing Authority. If any provisions of this Agreement are
found by a court of competent jurisdiction to be in conflict with current Civil Service
Rules and regulations, the letter shall prevail except in Union security provisions, in
which case, the provisions of Article 20 shall prevail. The Employer agrees that in the
event that any provision of Civil Service Rules and Regulations are suspended,
abolished or modified, collective bargaining shall proceed immediately with respect to
any items which as a result of such change may come within the discretion of the
Employer, and the results of such bargaining shall be made a part of this Agreement.
ARTICLE 25 - ENTIRE AGREEMENT
SECTION 25.1 The Agreement expressed herein in writing constitutes the entire
Agreement between the parties, and no oral statement shall add to or supersede any of
its provisions.
SECTION 25.2 The parties acknowledge that each has had the unlimited right and
opportunity to make demands and proposals with respect to any matter deemed a
proper subject for collective bargaining. The results of the exercise of that right are set
forth in this Agreement. Therefore, except as otherwise provided in this Agreement, the
Employer and the Union, for the duration of this Agreement, each voluntarily and
unqualifiedly agree to waive the right to oblige the other party to bargain with respect to
any subject or matter not specifically referred to or covered in this Agreement.
ARTICLE 26 — SAFETY
SECTION 26.1 The Union and City agree that the physical fitness of Union members is
important to their health and safety. The City and the Union will both support and
encourage employees to be physically active and to be involved in a personal program
of regular exercise.
45
FG: 103220371.2
105
ARTICLE 27 - DURATION OF AGREEMENT
SECTION 27.1 Effective Date and Duration. Unless otherwise provided herein,
this Agreement shall become effective January 1, 2025, and shall remain in force until
December 31, 2027.
SECTION 27.2 Conflicts. When there is a conflict between any collective
bargaining agreement reached by an employer and a bargaining representative on a
Union security provision and any charter, ordinance, rule or regulation adopted by the
public employer or its agents, including but not limited to a civil service commission, the
terms of the collective bargaining Agreement shall prevail.
CITY OF TUKWILA TUKWILA POLICE OFFICERS' GUILD
Thomas McLeod, Mayor Paul Drascher, Secretary Treasurer
Date: Date:
Attest:
Andy Youn, City Clerk
APPROVED AS TO FORM:
City Attorney
46
FG: 103220371.2
106
47
FG: 103220371.2
107
POLICE COMMISSIONED AGREEMENT
TUKWILA POLICE OFFICERS' UNION
AND
THE CITY OF TUKWILA
APPENDIX "A" -WAGE SCHEDULES 2025-2027
Effective January 1, 2025, base salaries in effect on December 31, 2024, for Police
Officers shall be increased by four percent (4%).
Effective January 1, 2026, base salaries in effect on December 31, 2025, for Police
Officers shall be increased by 100% of the Seattle Tacoma Bellevue CPI-W June for the
period of 2024 to 2025, with a two percent (2%) minimum and a five percent (5%)
maximum.
Effective January 1, 2027, base salaries in effect on December 31, 2026, for Police
Officers shall be increased by 100% of the Seattle Tacoma Bellevue CPI-W June for the
period of 2025 to 2026, with a two percent (2%) minimum and a five percent (5%)
maximum.
Members of the bargaining unit who have completed 15 or more years of service with
the TPD shall receive compensation as set forth in Appendix B.
Deferred Compensation. Effective the first pay period after ratification by both parties,
the Employer shall contribute a $200.00 monthly matching deferred compensation
contribution to a 401(a) account for each participating employee.
Retroactive pay adjustments shall be paid to individuals who were employed during the
time period covered by the retroactive wage regardless of whether they are still
employed by the City of Tukwila Police Department at the time of payment.
APPENDIX "A"- WAGE SCHEDULES [ TO BE UPDATED]
48
FG: 103220371.2
108
APPENDIX "B" - MPO SCHEDULE
Calculations for year 2025
2025 Police Salary Grid
Title
Differential
Grade
Step
Monthly
Hourly
Police Officer 5
ppo
1
$8,201
$47.31
Police Officer 4
ppo
2
$8,635
$49.82
Police Officer 3
ppo
3
$9,074
$52.35
Police Officer 2
ppo
4
$9,519
$54.92
Police Officer 1
ppo
5
$9,996
$57.67
Police Officer 1 (6+ yrs)
2.0% of P01
ppo
6
$10,196
$58.82
Police Officer 1 (9+ yrs)
3.0% of P01
ppo
7
$10,296
$59.40
Police Officer 1 (12+ yrs)
4.0% of P01
ppo
8
$10,396
$59.98
Police Officer 1 (15+ yrs)
5.0% of P01
ppo
9
$10,496
$60.56
Police Officer 1 (18+ yrs)
6.0% of P01
ppo
10
$10,596
$61.13
Police Officer 1 (21+ yrs)
7.0% of P01
ppo
11
$10,696
$61.71
MPO 3 (6+ yrs)
2.5% of P01
mpo3
1
$10,246
$59.11
MPO 3 (9+ yrs)
3.5% of P01
mpo3
2
$10,346
$59.69
MPO 3 (12+ yrs)
4.5% of P01
mpo3
3
$10,446
$60.27
MPO 3 (15+ yrs)
5.5% of P01
mpo3
4
$10,546
$60.84
MPO 3 (18+ yrs)
6.5% of P01
mpo3
5
$10,646
$61.42
MPO 3 (21+ yrs)
7.5% of P01
mpo3
6
$10,746
$62.00
MPO 2 (9+ yrs)
5.0% of P01
mpo2
1
$10,496
$60.56
MPO 2 (12+ yrs)
6.0% of P01
mpo2
2
$10,596
$61.13
MPO 2 (15+ yrs)
7.0% of P01
mpo2
3
$10,696
$61.71
MPO 2 (18+ yrs)
8.0% of P01
mpo2
4
$10,796
$62.29
49
FG: 103220371.2
109
MPO 2 (21+ yrs)
9.0% of P01
mpo2
5
$10,896
$62.86
MPO 1 (12+ yrs)
7.5% of P01
mpol
1
$10,746
$62.00
MPO 1 (15+ yrs)
8.5% of P01
mpol
2
$10,846
$62.57
MPO 1 (18+ yrs)
9.5% of P01
mpol
3
$10,946
$63.15
MPO 1 (21+ yrs)
10.5% of P01
mpol
4
$11,046
$63.73
Calculations for year 2025 to be completed [TO BE UPDATED]
X. P01
After 6
Yr.
After 9
Yr.
After 12
Yr.
After 15
Yr.
After 18
Yr.
After 21
Yr.
%xPO
1
%xPO
1
%xPO1
%
xPO1
%xPO1
%xPO1
Career
Officer
No MPO
2.0%
3.0%
4.0%
5.0%
6.0%
7.0%
$
$
$
MPO3
2.5%
3.5%
4.5%
5.5%
6.5%
7.5%
$
$
$
$
$
MPO2
5.0%
6.0%
7.0%
8.0%
9.0%
$
$
$
$
MPO1
7.5%
8.5%
9.5%
10.5%
$
$
$
50
FG: 103220371.2
110
Appendix B
Health ReimbursementNEBA
All Officers are required to participate in the City of Tukwila HRA VEBA plan. New
Officers shall become plan participants the first of the month following appointment to
their position.
Each Officer shall contribute $50 per month ($25 per pay period) into their HRA VEBA
account for the duration of the 2025-2027 collective bargaining agreement, through
payroll deduction.
Additional HRA VEBA contributions include:
• Sick leave excess — Per Article 9.1, Officers who exceed seven hundred and
twenty (720) hours of accumulated sick leave at the end of the calendar year will
receive twenty-five percent (25%) of the value of the accrued, unused hours
above seven hundred and twenty (720) into their individual HRA VEBA account.
• Sick leave pay upon separation of employment — Per Article 9.2, upon an
Officer's separation of employment from the City, the City will contribute twenty-
five percent (25%) of the amount payable for any unused sick leave into their
individual HRA VEBA account.
51
FG: 103220371.2
111
112
UPCOMING MEETINGS AND EVENTS
JANUARY-FEBRUARY2025
City Council meetings and Council Committee meetings will be conducted in a hybrid model, with in -person and virtual attendance available.
JAN 27 MON
JAN 28 TUE
JAN 29 WED
JAN 30 THU
JAN 31 FRI
FEB 1 SAT
* Finance & Governance
Committee Meeting
5:30 PM
City Hall - Hazelnut Rm
Hybrid Meeting
* Transportation &
Infrastructure Services
Committee Meeting
5:30 PM
6300 Building - 2nd Fl
Duwamish Conference
Hybrid Meeting
* City Council
Committee of the
Whole Meeting
7:00 PM
City Hall Council
Chambers
Hybrid Meeting
King County'
SEVERE WEATHER SHELTER
NAVIGATION HOTLINE
THRU JAN 28
Get information on shelters and
navigating to shelter locations.
For assistance, call
206-245-1026.
SOUNDTRANSIT
OPEN HOUSE:
BOEING ACCESS ROAD
INFILL STATION PROJECT
Join Sound Transit to learn
more about the project,
including information about
the station site, next steps,
and how you can get
involved in the project.
Bring your questions,
concems and ideas about
the station.
Doors open at 6:45 PM.
Tukwila Community
Center - Social Hall
12424 42nd Ave S
Give Blood = Save 3 Uves
fte
DONATE AND ENTER TO
WIN A $3,000 TANGO
GIFT CARD
Click here to schedule an
appointment.
Or call
1-800-398-7888.
You can also donate
umbilical cord blood after the
birth of your baby to save a
life. Easy and free.
Click here for information.
FIRE BENEFIT CHARGE
PETITION
Citizens are afforded the
opportunity to file a Petition for
Adjustment of Fire Benefit
Charges each year.
Due by 4:30 PM today.
Click here for information.
Submit your petition by
calling 253-856-4359
or emailing
BenefitCharge@PugetSoundFlre.org.
Westfield
SOUTHCENTER
LUNAR NEW YEAR
CELEBRATION
Celebrate Year of the
Snake with lion dancers to
cultural performances and
interactive activities and
win nice prizes!
11:00 AM-3:0O PM
2800 Southcenter Mall
Click here for information.
FEB 3 MON
FEB 4 TUE
FEB S WED
FEB 6 THU
FEB 7 FRI
FEB 8 SAT
* Work Session
5:30 PM
City Hall Council
Chambers
Hybrid Meeting
* City Council
Regular Meeting
7:00 PM
City Hall Council
Chambers
Hybrid Meeting
* Library Advisory Board
6:00 PM
Tukwila Community Center
Hybrid Meeting
APPLY TO SERVE ON
BOARDS, COMMISSION
Apply to be on Boards,
Commissions and
Committees and have
your voice heard.
Apply now!
Due by Feb 15.
Click here for information.
Or, call 206-433-1850.
* Equity and Social
Justice Commission
5:30 PM
City Hall
Hybrid Meeting
HE MUSEUM OF FLIGHT
FREE ADMISSION
On the first Thursday of
each, the museum stays
open late and admission is
free!
5:00 PM - 9:00 PM
9404 E Marginal Way S
Click here for information.
DONATION NEEDED FOR
TRUCK REPAIR COSTS
Tukwila Pantry just had a
repair bill for $14,369 on their
truck plus additional $16,856
for truck rental.
Click here to donate.
SBA
ASSISTANCE TO
BUSINESSES AND
RESIDENTS AFFECTED BY
THE BOMB CYCLONE
See below for information
and deadlines.
CITY HALL / 6300 BUILDINGS ARE OPEN TO THE PUBLIC MONDAYS THRU THURSDAYS 8:30 AM -4:00 PM 206-433-1800
Feb 11 - Restoration at Riverton Park - Click here to sign-up. 11:30 AM - 1:30 PM Riverton Park - 13263 Macadam Rd S
Feb 12 - Riverside Restoration with REI - Click here to sign-up. 9:00 AM - 1:00 PM Bicentennial Park - 7200 Strander Blvd
Feb 13 - City Hall Blood Drive - Click here for information. 10:00 AM-4:00 PM Tukwila City Hall - 6200 Southcenter Blvd
Feb 15 - Apply to be on Boards, Commission and Committees - Click here for information. Due by Feb 15.
Feb 21 - Duwamish Hill Preserve: Forterra Blackberry Removal - Click here to sign-up. 1:30 PM-4:30 PM Duwamish Hill Preserve - 3800 S 115th St
Mar 7 - Soul Line Dance St. Patty's Day Party (for Seniors) - Click here to sign-up. 2:00 PM-4:00 PM Tukwila Community Center - 12424 42nd Ave S
Mar 11 - Restoration at Riverton Park - Click here to sign-up. 11:30 AM— 1:30 PM Riverton Park - 13263 Macadam Rd S
Mar 12 - Bicentennial Park - Riverside Restoration with REI - Click here to sign-up. 9:00 AM — 1:00 PM Bicentennial Park- 7200 Strander Blvd
Mar 15 - Duwamish Hill Preserve Restoration - Click here to sign-up. 10:00 AM— 1:00 PM Duwamish Hill Preserve - 3800 S 115th St
Mar 21 - Duwamish Hill Preserve: Remove Blackberries - Click here to sign-up. 1:30 PM-4:30 PM Duwamish Hill Preserve - 3800 S 115'h St
Apr 5 - Spring Scramble Egg Hunt - Click here for information. 10:00 AM Tukwila Community Center -12424 42nd Ave S
Apr 5 - Healthy Tukwila Fitness / Wellness Open House - Click here for information. 10:00 AM Fitness 8:000 AM Open House Tukwila Community Center - 12424 42nd Ave S
Apr 30 - Veteran's Day with Seattle Mariners (for Seniors) - Click here to sign-up. 10:30 AM — 5:00 PM Tukwila Community Center - 12424 42nd Ave S
** 2025 Minimum Wage Rates - Applies to affected employers only. Click here for information. 206-552-6873 MinimumWage@TukwilaWA.gov
�.v FOOD BANK OPENS: Tuesdays, Thursdays & Saturdays (except holidays) 10:00 AM - 2:00 PM 3118 S 140th St
YnwT'�`I Volunteers - THERE IS A DIRE NEED OF VOLUNTEERS for food packaging or food distributions. To volunteer, click here to sign up.
44,
Donors - Please donate at tukwilapantry.org/donate. Donations can be dropped off on Tuesday -Saturday from 8 AM -11 AM or by appointment.
King County TUKWILA LIBRARY 14380 Tukwila International Blvd 206-242-1640
pr. Library System Feb 15, Mar 15, Apr 19, May 17 & Jun 21 - Resource Fair- Click here for information. 11:30 AM — 2:30 PM
** Free online tutoring & homework help for grades K-12. Click here for information.
**See other events and fun activities at the Tukwila Library. Click here for information.
WA FIRE
"CAREERS
ENTRY-LEVEL FIREFIGHTER REGISTRATION OPEN FOR WA FIRE CAREERS PARTNER AGENCIES
This recruitment will remain open, and WA Fire Careers will be pulling scores on March 26 for the August academy. Click here for information and apply. Scroll
down to select WAFIRECAREERS.
a rFFa TM ENT ar LOAN PROGRAMS FOR SEPTIC HELP 1-888-231-2170 CleanWater@Craft3.org
ECOLOGY Failing septic systems can result in sewage backing up in the home or entering local waterways and groundwater supplies. Click here for information.
smn a W,hI„gren
PROPERTY TAX EXEMPTIONS FOR SENIORS AND PERSONS WITH DISABILITIES 206-296-3920 Exemptions.Assessments@KingCounty.gov
GI King County' The annual income limit for this program is now $84,000. Click here for information.
OPEN HOUSE - BOEING ACCESS ROAD INFILL STATION PROJECT Jan 28 7:00 PM Tukwila Community Center/ Social Hall - 12424 42nd Ave S
TSOUNDTRANSIT Join Sound Transit to learn more about this project, including information about the station site, next steps, and how you can get involved in the project. Bring your
questions, concems and ideas about the station. Doors open at 6:45 PM.
SBA
I
ASSISTANCE TO BUSINESSES & RESIDENTS AFFECTED BY THE BOMB CYCLONE 1-800-659-2955 disastercustomerservice@sba.gov
Small Business Administration encourages applicants to promptly submit their applications. First come first served. Walk-ins are accepted, but appointments are encouraged
and can be scheduled here: appointment.sba.gov or visit SBA Outreach Center in the Elections Building at 919 SW Grady Way, Renton.
Property damage deadline is Feb 21. Economic injury deadline is Sep 23. Click here for information.
FREE DENTAL, VISION & MEDICAL CARE Apr 24-27 Seattle Center Fisher Pavilion 206-684-7200
C SEArrLE/KING COUNTY CLINIC
Limited number of admission tickets distributed in Fisher Pavilion (corner of 2nd Ave N & Lenny Wilkens Way). First come, first served. Interpreters
available onsite. Come prepared for a long day with food, comfortable clothing and any daily medications.
Click here for information. To volunteer, click here for information.
113
114
Tentative Agenda Schedule
MEETING 1 —
REGULAR
MEETING 2 —
C.O.W.
MEETING 3 —
REGULAR
MEETING 4 —
C.O.W.
JANUARY 6
See below links for the agenda packets
to view the agenda items:
January 6, 2025
Regular Meeting
JANUARY 13
See below links for the agenda
packets to view the agenda items:
January 13, 2025
Committee of the Whole Meeting
JANUARY 20
JANUARY 27
See below links for the agenda
packets to view the agenda
items:
January 27, 2025
Committee of the Whole /
Special Meeting
T
.�
' i i s
I 1
D A Y
I HAVE A DREAM ,
No Council Meeting or Work
Session due to the holiday.
MEETING 1 —
REGULAR
MEETING 2 —
C.O.W.
MEETING 3 —
REGULAR
MEETING 4 —
C.O.W.
FEBRUARY 3
WORK SESSION
Middle Housing Update (discussions
only).
REGULAR MEETING
CONSENT AGENDA
- Accept Tukwila International Boulevard
for 124th/150th Place reconfiguration.
- Accept Department of Ecology Grant
for South 131st Street Drainage
Improvements, in the amount of
$1,729,600.00.
- Ordinance adopting Franchise
Agreement with Intermountain
Infrastructure Group.
- Tukwila Urban Conveyance Center
Stormwater Pipe Condition Assessment.
UNFINISHED BUSINESS
- Potential sale of Newporter parcel.
- Federal Advocacy update and briefing.
FEBRUARY 10
SPECIAL ISSUES
- Resolution updating the Council
Rules of Procedure.
- Ordinance adopting Franchise
Agreement with Intermountain
Infrastructure Group.
- Potential Sale of Newporter
Parcel.
Special Meeting to follow
Committee of the Whole
meeting.
UNFINISHED BUSINESS
Potential Sale of Newporter Parcel.
FEBRUARY 17
FEBRUARY 24
Special Meeting to follow
Committee of the Whole
meeting.
CONSENT AGENDA
- Grant Acceptance: King County
Youth Amateur Sports Grant.
- Franchise Agreement with
Intermountain Infrastructure
Group.
- Resolution updating the
Council Rules of Procedure.
e• = •
�.
HAPPY ^
_,_
* * ,,,
No Council Meeting or Work
Session due to the holiday.