HomeMy WebLinkAboutReg 2025-04-21 COMPLETE AGENDA PACKETTukwila City Council Agenda
REGULAR MEETING
Thomas McLeod, Mayor Councilmembers: Mohamed Abdi Armen Papyan
Marty Wine, City Administrator Jovita McConnell Dennis Martinez
Tosh Sharp, Council President Hannah Hedrick Verna Seal
ON-SITE PRESENCE:
TUKWILA CITY HALL
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Monday, April 21, 2025; 7:00 PM
1.CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL
2.LAND
ACKNOWLEDGEMENT
The City of Tukwila is located on the ancestral lands of the Coast Salish people.
We acknowledge their continuing connections to land, waters and culture.
We pay our respects to their elders past, present and emerging.
3. PUBLIC COMMENTS
including comment
on items both on and
not on the meeting
agenda
Those wishing to provide public comments may verbally address the City 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.PRESENTATIONS Project Recycle Right Art Contest.
Waste Zero, Recology
Pg.1
5.CONSENT AGENDA a.Approval of Minutes: 4/7/25 (Regular Mtg.)
b.Approval of Vouchers
c.Authorize the Mayor to sign a grant agreement with the
Washington State Patrol for the National Criminal History
Improvement Program (NCHIP) for a Disposition Research
Specialist, in the amount of $248,805.00.
[Reviewed and forwarded to consent by the Community Services & Safety
Committee on 4/14/2025.]
d.Authorize the Mayor to sign a grant agreement with Cultural
Development Authority of King County (4Culture) for Arts
Sustained Support for 2025-2027, in the amount of $114,000.00.
[Reviewed and forwarded to consent by the Community Services & Safety
Committee on 4/14/2025.]
e.Accept the Speed Safety Camera Equity Analysis dated December
16, 2024.
[Reviewed and forwarded to consent by the Community Services & Safety
Committee on 4/14/2025.]
(continued…)
Pg.17
Pg.31
Pg.51
(continued…)
REGULAR MEETING
April 21, 2025
Page 2
5.CONSENT AGENDA
(cont.)
f.A resolution adopting the 2025 Local Road Safety Plan (LRSP) and
committing to Vision Zero transportation safety goals.
[Reviewed and forwarded to consent by the Committee of the Whole on
4/14/2025.]
g.Puget Sound Regional Fire Authority (PSRFA):
[Reviewed and forwarded to consent by the Committee of the Whole on
4/14/2025.]
Please refer to 4/14/25 C.O.W. packet
h.Authorize the Mayor to execute a lease with Puget Sound Regional Fire
Authority (PSRFA) for Fire Station 51 in the amount of $1 per year for 50
years with all utilities, maintenance, improvements, and repairs to be paid
for by PSRFA.
i.Authorize the Mayor to execute a Sale Deed with Puget Sound
Regional Fire Authority (PSRFA) for Fire Station 52 in the amount of$1 to
automatically revert back to the city if no longer used to deploy
regional fire authority response units.
j.Authorize the Mayor to execute a lease with Puget Sound Regional Fire
Authority (PSRFA) to lease back various rooms at Fire Station 52 in the
amount of $1 per year for up to 20 hours per week to renew
automatically unless terminated.
k.Authorize the Mayor to execute a Sale Deed with Puget Sound Regional
Fire Authority (PSRFA) for Fire Station 53 in the amount of $1 to
automatically revert back to the city if no longer used to deploy
regional fire authority response units.
l.Authorize the Mayor to execute a lease with Puget Sound Regional Fire
Authority (PSRFA) for Fire Station 54 in the amount of $1 per year for 15
years with all utilities, maintenance, improvements, and repairs to be paid
for by PSRFA.
h.An ordinance granting to Ezee Fiber Texas, LLC, and its affiliates,
successors and assigns, the right, privilege, authority and
nonexclusive franchise for five years, to construct, maintain,
operate, replace and repair a telecommunications network, in,
across, over, along, under, through and below certain designated
public rights-of-way of the City of Tukwila, Washington.
[Reviewed and forwarded to consent by the Committee of the Whole on
4/14/2025.]
Pg.91
Pg.95
Pg.97
6.NEW BUSINESS
7.REPORTS a.Mayor
b.City Council
c.Staff – City Administrator Report Pg.143
8.MISCELLANEOUS
This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities.
(Tukwila Council meetings are audio and video taped. Available at www.tukwilawa.gov)
REGULAR MEETING
April 21, 2025
Page 3
9.EXECUTIVE SESSION
10. ADJOURNMENT
If you are in need of translation or interpretation services at a Council meeting,
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/
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16
ITEM INFORMATION
STAFF SPONSOR: ERIC DREVER ORIGINAL AGENDA DATE: 4/21/25
AGENDA ITEM TITLE Grant Acceptance: National Criminal History Improvement
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date 4/21/25 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Admin Svcs DCD Finance Fire P&R Police PW
SPONSOR’S
SUMMARY A no-match grant that provides funding to pay the entirety of a contractual Disposition
Researcher position within the Police Department for two years. Total grant maximum is
$248,805.
REVIEWED BY Trans&Infrastructure Svcs Community Svcs/Safety Finance & Governance Planning & Community Dev.
LTAC Arts Comm. Parks Comm. Planning Comm.
DATE: 4/14/25 COMMITTEE CHAIR: MARTINEZ
RECOMMENDATIONS:
SPONSOR/ADMIN. Police Department/Eric Drever
COMMITTEE Majority Approval; Forward to 4/21 Regular Meeting Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source: GRANT
Comments: Pure grant revenue, no expenditure from Tukwila funds.
MTG. DATE RECORD OF COUNCIL ACTION
4-21-25
MTG. DATE ATTACHMENTS
4-21-25 Informational Memorandum
Contract Titled "NCHIP FY24 Grant Agreement"
Minutes from the 4/14/25 Community Services & Safety Committee
COUNCIL AGENDA SYNOPSIS
----------------------------------Initials --------------------------------- ITEM NO.
Meeting Date Prepared by Mayor’s review Council review
4/21/25 JB 5.C.
17
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Service & Safety Committee
FROM: Eric Drever, Chief of Police
BY: Rebecca Ellison, Senior Manager, Support Operations Division
CC: Mayor McLeod
DATE: April 14, 2025
SUBJECT: NCHIP Grant for 2024-2026
ISSUE
The Tukwila Police Department (PD) has been awarded the National Criminal History
Improvement Program (NCHIP) Grant totaling $248,805.00. The Federal portion is 100 percent
for a two-year temporary Disposition Research Specialist position from January 1, 2025-
December 31, 2026.
BACKGROUND
The Tukwila PD takes over 9,000 police reports annually. Over the years, corrections, additions,
or dispositions need to be made to these cases and the associated criminal histories . Orders to
vacate, seal, destroy and delete records must also be completed. In addition, as part of Tukwila
PD’s plan to digitize records, Tukwila booking files need to be reviewed to ensure all content
has been included in Washington State Patrol records.
To continue the current level of service to the community and other agencies and make the
needed changes, the Tukwila PD Records Unit needs to add one temporary FTE to complete
the disposition-related tasks. This no-match grant will provide funding for the one temporary,
contracted, FTE.
Tukwila PD has received this grant for several years. At the end of 2024, the department was 89
percent compliant with the disposition standar d.
FINANCIAL IMPACT
There is no local share for this grant.
RECOMMENDATION
Approval is needed from the Council to enter into the grant agreement.
ATTACHMENTS
Attachment 1: NCHIP Grant Application
18
Federal Grant Subrecipient Interagency Agreement Template Page 1 of 10
WASHINGTON STATE PATROL
FEDERAL GRANT SUBRECIPIENT INTERAGENCY AGREEMENT
Contract Summary
WSP Agreement No. K20916 Subrecipient No.
FEDERAL GRANT
Federal Grant Award Name:
National Criminal History Improvement Program (NCHIP)
ALN Number(s):
16.554
Award Year:
2024
Award Number:
15PBJS-24-GK-02382-NCHI
Award Date:
09/25/2024
Award Amount
$1,886,938
Performance Period
1/1/2025-12/31/2026
Is the Public Agency a subrecipient of federal
assistance for the purposes of this agreement?
Yes No
Is this agreement funded by a federal award for
research and development?
Yes No
SUBRECIPIENT DETAILS
Public Agency Name:
Tukwila Police Department
Statewide Vendor Registration Number:
Location Address:
15005 Tukwila International Blvd,
Tukwila WA 98188
Mailing Address (if different from location address):
Contact Name: Jake Berry Universal Entity Identifier (UEI): UEQNMC26C8T3
Contact Telephone: (206) 433-1808 Contact E-mail: PDGrants@TukwilaWA.gov
Additional Public Agency Contact Name: Additional E-mail Address:
WASHINGTON STATE PATROL PROJECT MANAGER
WSP Project Manager Name and Title:
Ms. Deborah Collinsworth
WSP CRD Assistant Division Commander
WSP Project Manager Address:
WSP Criminal Records Division
PO Box 42619, Olympia, WA 98504-2619
Telephone:
(360) 534-2102
E-mail Address:
Deborah.Collinsworth@wsp.wa.gov
WASHINGTON STATE PATROL CONTRACT PROFESSIONAL
Contract Professional Name and Title:
Mr. Adam Vigil, Contract Specialist
WSP Budget and Fiscal Services
PO Box 42602, Olympia WA 98504-2602
Telephone: (360) 596-4084 E-mail Address: Adam.Vigil@wsp.wa.gov
SUBAWARD DETAILS
Start Date:
2/18/2025
End Date:
12/31/2026
Maximum Expenditure Amount:
$248,805
This Agreement, including the attached Terms and Conditions and any other documents incorporated by reference contain
all of the terms and conditions agreed upon by the parties. No other understandings or representations, oral or otherwise,
regarding the subject matter of this Agreement shall be deemed to exist or bind the parties. The parties signing below
warrant that they have read and understand this Agreement and have the authority to enter into this Agreement.
FOR THE WASHINGTON STATE PATROL: FOR THE PUBLIC AGENCY:
WSP Signature Date Public Agency Signature Date
Printed Name and Title
For: John R. Batiste, Chief
Printed Name and Title
APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL 12/9/10
19
WSP Contract No. K20916
FEDERAL GRANT INTERAGENCY AGREEMENT
Tukwila Police Department
Exhibit A
Terms and Conditions
Federal Grant Subrecipient Interagency Agreement Page 2 of 10
1. Definitions.
“Agreement” means this Federal grant subrecipient agreement, including all documents attached or
incorporated by reference.
“Equipment” means an article of nonexpendable, tangible personal property having a useful life of more
than one year and an acquisition cost which equals the lesser of (a) the capitalization level established by
the governmental unit for financial statement purposes, or (b) $10,000.
“Federal Granting Agency” means the federal agency that has granted the funds to WSP.
“Public Agency” means the entity performing services to this Agreement and includes the Public Agency’s
officers, directors, trustees, employees and/or agents unless otherwise stated in this Agreement. For the
purposes of this agreement, the Public Agency shall not be considered an employee or agent of WSP.
“WSP” means the State of Washington, Washington State Patrol, and its officers, directors, trustees,
employees and/or agents.
2. Entirety of Agreement. This agreement consists of the following:
a. Contract Summary
b. Exhibit A, Terms and Conditions
c. Exhibit B, Statement of Work
d. Exhibit C, Special Terms and Conditions
e. Exhibit D, Subrecipients Approved Award
3. Statement of Work. The Public Agency shall perform the services as set forth in the attached Exhibit A,
Statement of Work.
4. Special Terms and Conditions. In addition to the terms contained in this Agreement, the Public Agency
shall comply with the terms and conditions contained in Exhibit B, Special Terms and Conditions, which is
attached hereto and incorporated herein.
5. Agreement Execution and Start Date. This Agreement shall be binding on both parties upon full
execution. Upon execution of the Agreement, expenditures are eligible for reimbursement beginning with
the start date listed on page one.
6. Billing Procedure. WSP shall reimburse the Public Agency according to Exhibit A, Statement of Work, for
work performed to the satisfaction of the WSP Project Manager. Compensation for services rendered shall
be payable upon receipt of properly completed invoices, which shall be submitted not more often than
monthly to the WSP Project Manager named on the Contract Summary page. The invoice shall be in the
format designated by WSP and shall include the following:
a. description of the work performed
b. activities accomplished
c. progress of the project
d. fees and expenses
e. match amount as well as amount requested for reimbursement
f. a copy of the Public Agency’s property record which includes the tag number that is assigned to the
equipment
g. reference to WSP’s agreement number.
The Public Agency shall submit the final invoice no later than forty-five (45) calendar days from the
completion of the Project or no later than 45 days of the Agreement End Date.
7. Agreement Alterations and Amendments. WSP and the Public Agency may mutually amend this
Agreement. Such amendments shall not be binding unless they are in writing and signed by personnel
authorized to bind WSP and the Public Agency.
20
WSP Contract No. K20916
FEDERAL GRANT INTERAGENCY AGREEMENT
Tukwila Police Department
Exhibit A
Terms and Conditions
Federal Grant Subrecipient Interagency Agreement Page 3 of 10
8. Assignment. The work to be provided under this Agreement, and any claim arising thereunder, is not
assignable or delegable by either party in whole or in part, without the express written consent of the other
party.
9. Certification regarding Debarment, Suspension or Ineligibility. Federal funds are the basis for this
Agreement. The Public Agency certifies that neither the Public Agency nor its principals are presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating in this Agreement by any federal department or agency. If requested by WSP, the Public
Agency shall complete and sign a Certification Regarding Debarment, Suspension, Ineligibility, and
Voluntary Exclusion form. Any such form completed by the Public Agency for this Agreement shall be
incorporated into this Agreement by reference. Further, the Public Agency agrees not to enter into any
arrangements or contracts related to this Agreement with any party that is on the "General Service
Administration List of Parties Excluded from Federal Procurement or Non-procurement Programs" which
can be found at www.sam.gov.
10. Compliance with Civil Rights Laws. During the period of performance for this Agreement, both parties
shall comply with all federal and state nondiscrimination laws.
11. Disputes. In the event that a dispute arises under this Agreement, it shall be determined by a Dispute
Board in the following manner: The Chief of WSP shall appoint a member to the Dispute Board. The
Public Agency shall appoint a member to the Dispute Board. The Chief of WSP and the Public Agency
shall jointly appoint a member to the Dispute Board. The Dispute Board shall evaluate the dispute and
make a determination of the dispute. The determination of the Dispute Board shall be final and binding to
all parties to this Agreement.
12. Federal Funding Accountability and Transparency Act. In order to comply with the Federal Funding
Accountability and Transparency Act, the Public Agency shall provide to WSP the following information:
a. The Public Agency’s Unique Entity Identifier;
b. The names and total compensation of the five most highly compensated officers of the Public Agency if
the Public Agency in the preceding fiscal year received (i) 80 percent or more of its annual gross
revenues in Federal awards; and (ii) $25,000,000 or more in annual gross revenues from Federal
awards; and (iii) the public does not have access to information about the compensation of the senior
executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of
1986; and
c. Other relevant information specified by the U.S. Office of Management and Budget in subsequent
guidance or regulation.
13. Indemnification. The Public Agency shall be responsible for and shall indemnify and hold WSP harmless
for all claims resulting from the acts or omissions of the Public Agency and its subcontractors. WSP shall
be responsible for and shall indemnify and hold the Public Agency harmless for all claims resulting from the
acts or omissions of WSP and its subcontractors.
14. Independent Capacity. The employees or agents of each party who are engaged in the performance of
this Agreement shall continue to be employees or agents of that party and shall not be considered for any
purpose to be employees or agents of the other party.
15. Monitoring
a. Visits and requests for documentation. WSP is responsible for monitoring Public Agency’s compliance
with grant requirements. Monitoring may consist of visits to Public Agency and routine requests for
project documentation.
b. Maintenance of Records. During the term of this Agreement and for one year following termination or
expiration of this Agreement, the Public Agency shall give reasonable access to the Public Agency’s
place of business and records to WSP and any other employee or agent of the State of Washington or
21
WSP Contract No. K20916
FEDERAL GRANT INTERAGENCY AGREEMENT
Tukwila Police Department
Exhibit A
Terms and Conditions
Federal Grant Subrecipient Interagency Agreement Page 4 of 10
the United States of America for the purpose of inspecting the Public Agency’s place of business and
its records, and monitoring, auditing and evaluating the Public Agency’s performance and compliance
with applicable laws, regulations, rules and this Agreement.
During the term of this Agreement and for six years following termination or expiration of this
Agreement, the Public Agency shall maintain records sufficient to document (i) performance of all acts
required by statute, regulation, rule, or this Agreement; (ii) substantiate the Public Agency’s statement
of its organization’s structure, tax status, capabilities and performance; and (iii) demonstrate accounting
procedures, practices and records which sufficiently and properly document the Public Agency’s
invoices to WSP and all expenditures made by the Public Agency to perform as required by this
Agreement.
16. Order of Precedence. In the event of any inconsistency in the terms of this Agreement, or between its
terms and any applicable statute or rule the inconsistency shall be resolved by giving precedence in the
following order to:
a. Applicable federal and state law, regulations and rules, including those incorporated by reference;
b. Award of Federal Grant under which this Agreement is funded;
c. Exhibit D, Public Agency’s Approval;
d. Exhibit A, Terms and Conditions;
e. Exhibit B, Statement of Work;
f. Exhibit C, Special Terms and Conditions;
g. Amendments hereto;
h. Any other provision of this Agreement.
17. Personnel. WSP personnel performing work under the terms of this Agreement shall be under the direct
command and control of the Chief of WSP or designee and shall perform duties required under this
Agreement in a manner consistent with WSP policy and regulations, and applicable federal, state and local
laws. The assignment of WSP personnel under this Agreement shall be at the discretion of the Chief of
WSP or designee.
18. Savings. In the event that funds WSP relied upon to establish this Agreement are withdrawn, reduced or
limited, or if additional or modified conditions are placed on such funding, WSP may immediately terminate
this Agreement by providing written notice to the Public Agency. This termination shall be effective on the
date specified in the notice of termination.
19. Severability. If any provision of this Agreement or any provision of any document incorporated by
reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which
can be given effect without the invalid provision, if such remainder conforms to the requirements of
applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this
Agreement are declared to be severable.
20. Single Audit Act Compliance. If the Public Agency expends $1,000,000 or more in federal awards from
any and/or all sources in any fiscal year, the Public Agency shall procure and pay for a single audit or a
program-specific audit for that fiscal year. Upon completion of each audit, the Public Agency shall:
a. Submit to the WSP Project Manager the data collection form and reporting package specified in 2 CFR
Part 200, Subpart F, reports required by the program-specific audit guide (if applicable), and a copy of
any management letters issued by the auditor;
b. Follow-up and develop corrective action for all audit findings; in accordance with 2 CFR Part 200,
Subpart F; prepare a "Summary Schedule of Prior Audit Findings" reporting the status of all audit
findings included in the prior audit's schedule of findings and questioned costs.
21. Statewide Payee Registration. The Public Agency shall register as a Statewide Payee prior to submitting
a request for payment under this Agreement. The Washington State Department of Enterprise Services
(DES) maintains the Statewide Payee Registration System; to obtain registration materials go to:
http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx.
22
WSP Contract No. K20916
FEDERAL GRANT INTERAGENCY AGREEMENT
Tukwila Police Department
Exhibit A
Terms and Conditions
Federal Grant Subrecipient Interagency Agreement Page 5 of 10
22. Subcontracting. Except as otherwise provided in this Agreement, the Public Agency may subcontract for
any of the services provided under this Agreement with the prior, written approval of WSP. The Public
Agency shall be responsible for the acts and omissions of any subcontractor.
The Public Agency agrees to comply with the Procurement Standards requirements set forth at 2 C.F.R. §§
200.317 through 200.326 inclusive, whichever may be applicable, and with applicable supplementary
Federal Granting Agency directives or regulations. If determined necessary for proper Project
administration, the Federal Granting Agency reserves the right to review the Recipient's technical
specifications and requirements.
23. Termination. Except as otherwise provided in this Agreement, either party may terminate this Agreement
upon thirty (30) calendar days written notification. If this Agreement is so terminated, the terminating party
shall be liable only for performance in accordance with the terms of this Agreement for performance
rendered prior to the effective date of termination.
24. Waiver. A failure by either party to exercise its rights under this Agreement shall not preclude that party
from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this
Agreement unless stated to be such in writing and signed by an authorized representative of the party and
attached to the original Agreement.
23
WSP Contract No. K20916
FEDERAL GRANT INTERAGENCY AGREEMENT
Tukwila Police Department
Exhibit B
Statement of Work
Federal Grant Subrecipient Interagency Agreement Page 6 of 10
1. Introduction
The purpose of this Agreement is to provide Fiscal Year 2024 (FY24) National Criminal History Improvement
Program (NCHIP) grant funds to the Public Agency to update and automate case outcomes from courts and
prosecutors in state records and the FBI's Criminal History File.
2. Scope of Work
As described in the Public Agency’s FY24 NCHIP application, the Public Agency shall fund one employee to
research dispositions.
3. Project Budget
Category Item Cost
Personnel One employee – research dispositions $248,805
Total Cost $248,805
Federal (Reimbursable) Amount $248,805
Indirect may be charged for total direct costs. As a local government, the Public Agency is required to
prepare and retain its indirect cost proposal on file for review. If applicable, the Public Agency shall use the
approved federally recognized indirect cost rate negotiated between the Public Agency and the Federal
Government or, if no such rate exists, either a rate negotiated between WSP and the Public Agency, or a
de minimis indirect cost rate as defined in 2 C.F.R. 200.414(f). Any changes to the indirect amount noted in
the above budget will require an amendment.
The Public Agency Match may only be for allowable grant expenses. It is the Public Agency’s responsibility
to maintain records of the expenses used for match.
Expenditures may only occur within the categories listed above. Changes of up to 10 percent can be made
without prior approval from WSP. Changes that exceed 10 percent will require the Public Agency to submit
a budget change request to WSP for pre-approval.
4. Equipment Management.
a. Equipment. Any equipment purchased under this award shall conform to Federal Granting Agency
requirements.
b. Title to Equipment. Upon successful completion of the terms of this Agreement, all equipment
purchased by the Public Agency with Agreement funds will be owned by the Public Agency, or a
recognized subrecipient for which a contract, subgrant agreement, or other means of legal transfer of
ownership is in place.
c. Use of Equipment. The Public Agency, or a recognized subrecipient, shall be responsible for any and
all operation, maintenance, replacement, and for the safe operation of the equipment, including all
questions of liability.
d. Equipment Records. The Public Agency shall maintain Equipment records that include: a description
of the Equipment; the manufacturer's serial number, model number, or other identification number,
including the tag number; the source of the Equipment, including the Catalog of Federal Domestic
Assistance (CFDA) number; who holds title; the acquisition date; the cost of the Equipment and the
percentage of federal participation in the cost; the location, use and condition of the Equipment at the
date the information was reported; and disposition data including the date of disposal and sale price of
the Equipment. Equipment records shall be retained by the Public Agency for a period of six (6) years
from the date of the disposition, replacement or transfer. If any litigation, claim, or audit is started
before the expiration of the six-year period, the records shall be retained by the Public Agency until all
litigations, claims, or audit findings involving the records have been resolved. A copy of the Public
Agency’s record showing the above information of the purchased equipment is required when
requesting reimbursement for the equipment.
24
WSP Contract No. K20916
FEDERAL GRANT INTERAGENCY AGREEMENT
Tukwila Police Department
Exhibit B
Statement of Work
Federal Grant Subrecipient Interagency Agreement Page 7 of 10
e. Inventories. The Public Agency shall take a physical inventory of the Equipment and reconcile the
results with the property records at least once every two years. Any differences between quantities
determined by the physical inspection and those shown in the records shall be investigated by the
Public Agency to determine the cause of the difference. The Public Agency shall, in connection with the
inventory, verify the existence, current utilization, and continued need for the Equipment. The Public
Agency shall develop a control system to ensure adequate safeguards to prevent loss, damage, and
theft of the property. Any loss, damage or theft shall be investigated and a report generated. The Public
Agency will develop adequate maintenance procedures to keep the property in good condition.
f. Disposition of Equipment. The Public Agency shall contact WSP before equipment is disposed. If the
Public Agency is authorized or required to sell the property, proper sales procedures must be
established to ensure the highest possible return. When original or replacement equipment is no longer
needed for the original project or program or for other activities currently or previously supported by a
federal agency, disposition of the equipment will be made as follows:
• Items of equipment with a current per-unit fair market value of less than $10,000 may be retained,
sold or otherwise disposed of by the Public Agency with no further obligation to the awarding
agency.
• Items of equipment with a current per-unit fair market value of more than $10,000 may be retained
or sold and the Public Agency shall compensate the Federal Granting Agency for its share.
5. Reports.
a. Semi-Annual Reports. The Public Agency shall submit to the WSP Project Manager semi-annual
progress reports within 15 calendar days after the end of the reporting periods, which are January 1 -
June 30 and July 1 - December 31, for the life of this Agreement.
b. Final Report. The Public Agency shall submit a final report to the WSP Project Manager at the
completion of the Project, documenting all relevant project activities during the entire period of support
under this Agreement. The Final Report shall be in the format provided by WSP and shall include a
summary and assessment of the program carried out with this Agreement, including how funds were
actually used and data to support statements of progress. The final report is due no later than 30 days
at the completion of the Project and no later than 30 days following the close of the Agreement.
25
WSP Contract No. K20916
FEDERAL GRANT INTERAGENCY AGREEMENT
Tukwila Police Department
Exhibit C
Special Terms and Conditions
Federal Grant Subrecipient Interagency Agreement Page 8 of 10
1. Federal Funding.
a. Federal funds under this award will be used to supplement and not supplant local government funds.
Grant funds may be used only for the purposes in the Public Agency’s approved application.
b. If Public Agency has other active awards of federal funds or receives other federal awards during the
period of performance for this award that are to be used in part or in whole for identical costs for which
funds are provided under this award, the Public Agency shall promptly notify WSP in writing of potential
duplication. If so requested, Public Agency must seek budget or project modification to eliminate
inappropriate duplication of funding.
c. All recipients of federal funds shall comply with all applicable restrictions on the use of federal funds set
out in federal appropriations status.
2. Part 200 Uniform Requirements. The Uniform Administrative Requirements, Cost Principles, and Audit
Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the Federal Granting Agency in 2
C.F.R. Part 2800 (together, the Part 200 Uniform Requirements) apply to the award from the Federal
Granting Agency.
3. Financial Guide. The Public Agency agrees to comply with the financial and administrative requirements
set forth in the current edition of the Federal Granting Agency’s Financial Guide.
4. Personally Identifiable Information (PII) Requirement. The Public Agency must have written procedures in
place to respond in the event of an actual or imminent “breach” (OMB M-17-12) if it creates, collects, uses,
processes, stores, maintains, disseminates, discloses, or disposes of “personally identifiable information
(PII)” (2 CFR 200.79) within the scope of the Federal Granting Agency grant-funded program activity, or 2)
uses or operates a “Federal information system” (OMB Circular A-130). The Public Agency’s breach
procedures must include a requirement to report actual or imminent breach of PII to WSP no later than 24
hours after an occurrence of an actual breach, or the detection of an imminent breach.
5. Procurement contract exceeding $150,000. The Public Agency is to obtain pre-approval from WSP for any
procurement contracts that are in excess of $150,000.
6. Requirements pertaining to prohibited conduct related to trafficking in persons. The Public Agency must
comply with all applicable requirements pertaining to prohibited conduct related to the trafficking of
persons. Requirements and further details are posted on OJP website at
https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm and are incorporated by reference here.
7. Equal Employment Opportunity Plan. The Public Agency acknowledges that failure to submit an
acceptable Equal Employment Opportunity Plan (if Public Agency is required to submit one pursuant to 28
C.F.R. Section 42.302) that is approved by the Federal granting Agency, may result in suspension or
termination of funding, until such time as the Public Agency is in compliance.
8. Employment Eligibility Verification. The Public Agency shall ensure that, as part of the hiring process that
is funded with award funds, the Public Agency properly verifies the employment eligibility of the individual
who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1) and (2). The Public Agency may
choose to participate in E-Verify (www.e-verify.gov) to confirm employment eligibility for each position that
will be funded by award funds.
9. Lobbying. The Public Agency understands and agrees that it cannot use any federal funds, either directly
or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at
any level of government.
10. Federal False Claims Act. The Public Agency must promptly notify WSP of any credible evidence that a
principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a
false claim for Agreement funds under the False Claims Act; or 2) committed a criminal or civil violation of
laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving Agreement
funds.
26
WSP Contract No. K20916
FEDERAL GRANT INTERAGENCY AGREEMENT
Tukwila Police Department
Exhibit C
Special Terms and Conditions
Federal Grant Subrecipient Interagency Agreement Page 9 of 10
11. Performance Measures. The Public Agency agrees to provide performance related data, as outlined in the
program announcement to be used to measure the results of the project.
12. Withholding Funds. The Public Agency understands and agrees that funds may be withheld (including
funds under future awards), or other related requirements may be imposed, if the required information is
not submitted on a timely basis. Funds may also be withheld if the Public Agency fails to satisfactorily and
promptly address outstanding issues from audits or investigations or reviews of the Federal Granting
Agency awards.
13. Consultant Rates. Approval of this Agreement does not indicate approval of any consultant rate in excess
of $650 per day. A detailed justification must be submitted to and approved by WSP prior to obligation or
expenditure of such funds.
14. Environmental Laws and Regulations. The Public Agency agrees to comply with all federal, state, and
local environmental laws and regulations applicable to the development and implementation of the activities
to be funded under this Agreement.
15. Text Messaging While Driving. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the Federal Granting Agency
encourages recipients and sub recipients of Agreement funds to adopt and enforce policies banning
employees from text messaging while driving any vehicle during the course of performing work funded by
this Agreement, and to establish workplace safety policies and conduct education, awareness, and other
outreach to decrease crashes caused by distracted drivers.
16. Conferences. The Public Agency shall comply with all applicable laws, regulations, policies, and the
Federal Granting Agency guidance governing the use of federal funds for expense related to conferences,
including the provision of food and/or beverages at such conferences, and costs of attendance.
17. Non-disclosure Agreements. The Public Agency shall not require any employee or contractor to sign an
internal confidentiality statement that prohibits or restricts the reporting of waste, fraud, or abuse to an
investigative or law enforcement representative of a federal department or agency authorized to receive
such information.
18. Federal Granting Agency Training Guiding Principles. Any training or training material that the Public
Agency develops or delivers with award funds shall adhere to the Federal Granting Agency Training
Guiding Principles for Grantees and Subgrantees.
19. Reprisal. The Public Agency, in compliance with 41 U.S.C. 4712, shall not discriminate against an
employee as reprisal for the disclosure of information related to gross mismanagement of a federal grant, a
gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific
danger to public health or safety, or a violation of law, rule or regulation related to a federal grant.
20. Data Rights. The term "subject data" used in this section means recorded information, whether or not
copyrighted, that is developed, delivered, or specified to be delivered under this Agreement. The term
includes graphic or pictorial delineations in media such as drawings or photographs; text in specifications or
related performance or design-type documents; machine forms such as punched cards, magnetic tape, or
computer memory printouts; and information retained in computer memory. Examples include, but are not
limited to: computer software, engineering drawings and associated lists, specifications, standards, process
sheets, manuals, technical reports, catalog item identifications, and related information. The term does not
include financial reports, cost analyses, and similar information incidental to Project administration.
As authorized by 2 C.F.R. § 200.315(b), the Federal Granting Agency reserves a royalty-
free, non- exclusive and irrevocable license to reproduce, publish or otherwise use, and to
authorize others to use, for Federal Government purposes:
a. Any work developed under a grant, cooperative agreement, sub-grant, sub-
agreement, or third-party contract, irrespective of whether or not a copyright has been
obtained; and
27
WSP Contract No. K20916
FEDERAL GRANT INTERAGENCY AGREEMENT
Tukwila Police Department
Exhibit C
Special Terms and Conditions
Federal Grant Subrecipient Interagency Agreement Page 10 of 10
b. Any rights of copyright to which a Recipient, Subrecipient, or a third- party contractor
purchases ownership with Federal assistance.
21. Subrecipients.
a. General. If the Public Agency is a subrecipient of federal awards as defined by 2 CFR Part 200 and this
Agreement, the Public Agency shall:
(1) Maintain records that identify, in its accounts, all federal awards received and expended and the
federal programs under which they were received, by Catalog of Federal. Domestic Assistance (CFDA)
title and number, award number and year, name of the federal agency, and name of the pass-through
entity;
(2) Maintain internal controls that provide reasonable assurance that the Public Agency is managing
federal awards in compliance with laws, regulations, and provisions of contracts or grant agreements
that could have a material effect on each of its federal programs;
(3) Prepare appropriate financial statements, including a schedule of expenditures of federal awards;
(4) Incorporate 2 CFR Part 200, Subpart F audit requirements into all agreements between the Public
Agency and its Subcontractors who are subrecipients;
(5) Comply with the applicable requirements of 2 CFR Part 200, including any future amendments to 2
CFR Part 200, and any successor or replacement Office of Management and Budget (OMB) Circular or
regulation; and
(6) Comply with the Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights Act
of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of
1990, Title IX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and all
Federal authorities relating to nondiscrimination.
b. “High Risk” Designation. If the Public Agency is designated a “high risk” by a federal grant-making
agency outside of the Federal Granting Agency during the course of this award, the Public Agency
must disclose the fact to WSP. The Public Agency agrees to comply with any additional requirements
may be imposed by the Federal Granting Agency or WSP.
c. Overpayments. If it is determined by WSP, or during the course of a required audit, that the Public
Agency has been paid unallowable costs under this or any Program Agreement, WSP may require the
Public Agency to reimburse WSP in accordance with 2 CFR Part 200.
d. The Public Agency, if a law enforcement agency, shall have been certified or in the process of being
certified by an approved independent credentialing body.
28
City of Tukwila
City Council Community Services & Safety Committee
Meeting Minutes
April 14, 2025– 5:30 p.m. – Hybrid Meeting; Hazelnut Conference Room & MS Teams
Councilmembers Present: Dennis Martinez, Chair; Armen Papyan
Staff Present: Laurel Humphrey, David Rosen, Rebecca Ellison, Michael May, Eric Drever,
Eric Lund
Guests: Cynthia Chesak, Pat Bako, Sheila Coppola, Arts Commissioners
Chair Martinez called the meeting to order at 5:30 p.m.
I. BUSINESS AGENDA
A. Grant Acceptance: Arts Sustained Support
Staff is seeking approval of an agreement to accept $114,000 through 2027 from 4Culture Arts
Sustained Support for recreation programming including a new Farmer’s Market sited at the
Community Center.
Item(s) for follow-up:
Involve City Council if 2026/2027 contracts substantially change.
Committee Recommendation:
Majority approval. Forward to April 21, 2025 Regular Meeting Consent Agenda.
B. Grant Acceptance: Disposition Research Specialist Position
Staff is seeking approval of an agreement with Washington State Patrol to accept $248,805.00
in National Criminal History Improvement Program funding to continue staffing the current
level of service.
Committee Recommendation:
Majority approval. Forward to April 21, 2025 Regular Meeting Consent Agenda.
C. Tukwila Arts Commission Spring Update
Commissioners updated the Committee on current operations and highlights.
Committee Recommendation:
Discussion only.
D. Speed Camera Equity Analysis Acceptance
Staff is seeking Council acceptance of the Speed Camera Equity Analysis that was already
presented in January 2025.
Committee Recommendation:
Majority approval. Forward to April 21, 2025 Regular Meeting Consent Agenda.
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ITEM INFORMATION
STAFF SPONSOR: DAVID ROSEN ORIGINAL AGENDA DATE: 4/21/25
AGENDA ITEM TITLE Grant Acceptance: 2025 - 2027 4Culture Arts Sustained Support Award
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date 4/21/25 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Admin Svcs DCD Finance Fire P&R Police PW
SPONSOR’S
SUMMARY The Tukwila Parks and Recreation Department has been awarded a 4Culture Arts Sustained
Support Award of $38,000 per year for Fiscal Years 2025 – 2027, totaling $114,000. This
award amount requires city council approval before the Mayor may sign the resultant
contract. While only being presented with the 2025 contract at this time, staff are
requesting approval for the entire grant amount.
REVIEWED BY Trans&Infrastructure Svcs Community Svcs/Safety Finance & Governance Planning & Community Dev.
LTAC Arts Comm. Parks Comm. Planning Comm.
DATE: 4/14/25 COMMITTEE CHAIR: MARTINEZ
RECOMMENDATIONS:
SPONSOR/ADMIN. Parks & Recreation Department
COMMITTEE Majority Approval; Forward to 4/21 Regular Meeting Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$114,000 $0 $114,000
Fund Source: 4CULTURE ARTS SUSTAINED SUPPORT AWARD
Comments: Funding comes in the form of a reimbursement grant
MTG. DATE RECORD OF COUNCIL ACTION
4/21/25
MTG. DATE ATTACHMENTS
4/21/25 Informational Memorandum dated 4/3/25
COUNCIL AGENDA SYNOPSIS
----------------------------------Initials --------------------------------- ITEM NO.
Meeting Date Prepared by Mayor’s review Council review
4/21/25 DR
Attachment B - Proposed 4Culture Grant Contract #125137A
Attachment C - City of Tukwila 2025 Farmer's Market Flier
Minutes from the 4/14/2025 Community Services & Safety Committee Meeting
Attachment A - Grant Award Email date 12/10/24
5.D.
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INFORMATIONAL MEMORANDUM
TO: Community Services & Safety Committee
FROM: David Rosen, Parks & Recreation Fiscal Analyst
DATE: April 3, 2025
SUBJECT: Grant Acceptance: 2025 – 2027 4Culture Arts Sustained Support
ISSUE
The Tukwila Parks and Recreation Department has been awarded a 4Culture Arts Sustained Support
Award of $38,000 per year for Fiscal Years 2025 – 2027, totaling $114,000. This award amount
requires city council approval before the Mayor may sign the resultant contract. While being presented
with the 2025 contract at this time, staff are requesting approval for the entire grant amount.
BACKGROUND
The 4Culture Sustained Support Program, provided in the areas of Arts, Heritage, Preservation, and
Science and Technology, provides local organizations with programmatic funding support for their day-
to-day operations. The Tukwila Parks and Recreation Department has been an awardee of the Arts
Sustained Support program for several years, usually receiving about $9,000 per fiscal year.
In late 2023, the King County Council passed the Doors Open legislation to increase funding for cultural
programming via a 0.1% sales tax that went into effect April 1, 2024. This legislation allows for a large
increase in funding for 4Culture programming. In Q4 2024, the Tukwila Parks and Recreation
Department applied for and was awarded the newly increased Arts Sustained Support award.
DISCUSSION
As part of a recreation programming plan currently in development, the Tukwila Parks and Recreation
Department paid for the performance of a statistically valid survey to determine programming
importance and unmet needs per Tukwila residents, resulting in a Priority Investment Ranking (PIR).
The highest PIR program identified by the survey was a Farmer’s Market, scoring the maximum 200
points. When awarded the enhanced Arts Sustained Support funding, department staff began initial
planning for a Tukwila Farmer’s Market to launch in Summer 2025.
FINANCIAL IMPACT
This grant will be provided to the city as a reimbursement grant, where the city incurs eligible expenses
and then seek reimbursement for said expenses after completion of the proposed scope of services.
Therefore, acceptance of this grant creates no net General Fund inflows or outflows. Department staff
will request necessary budget amendments for the FY25/26 budget to reflect this grant.
RECOMMENDATION
City staff recommend the Community Services and Safety Committee forward the FY25 grant
agreement to the April 21st Regular Meeting Consent Agenda for final approval and additionally provide
approval for signing of the agreements that will be executed in FY26 and FY27.
ATTACHMENTS
A --- Grant Award Email dated 12/10/24
B --- Proposed 4Culture Grant Contract #125137A
C --- City of Tukwila 2025 Farmer’s Market Flier
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Dear David,
We are pleased to share great news regarding your Sustained Support
application: City of Tukwila has been awarded a three-year Sustained
Support grant. Thanks to the recent passage of Doors Open legislation
From: Elly Fetter <elly.fetter@4culture.org>
Sent: Tuesday, December 10, 2024 2:29 PM
To: David Rosen <David.Rosen@TukwilaWA.gov>
Subject: 2025 Arts Sustained Support
and continued Lodging Tax revenue, 4Culture has dramatically
expanded the Sustained Support program, in service of a vibrant King
County where culture is essential and accessible to all. Congratulations
on this well-deserved recognition!
The award amounts* for your organization are as follows:
2025: $38,000.00
2026: $38,000.00
2027: $38,000.00
Attachment A
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Peer panels reviewed more than 725 applications across the disciplines
of Arts, Heritage, Historic Preservation and Science, and awarded a total
of $37,209,227 in Sustained Support general operating funds for 2025.
Awards took budget size, geographic location, and panel feedback
under consideration.
Your organization, as part of this inaugural round of historic funding, and
as a vital contributor to the social wellbeing and economic development
of King County, will be invited to a Celebration of King County’s Cultural
Sector - please look for an invitation in the coming weeks.
You will receive your 4Culture grant funds through a contract process.
Learn how this works by reading through our NEXT STEPS guide at the
end of this email. If you have any questions after reviewing the guide,
please contact Bret Fetzer at bret.fetzer@4culture.org
4Culture has more programs in development now:
New and long-standing grant programs can be found at Grants +
Artist Calls | 4Culture. Please note: starting in 2025, Sustained
Support grant recipients are not eligible for Projects funding.
As part of your payment request form, you will be asked to provide
data about the impact of your grant through numerical and
narrative-based questions. 4Culture must provide detailed reports
about grant outcomes and impacts to King County Council each
year. Good data is essential for the renewal of these funds.
Workshops and Technical assistance for data collection and
reporting will be offered - please see more below in the “Requesting
Payment” section.
A Workshop to support those whose IRS filling status may be
impacted by increased revenue will be announced in Q1 2025. The
content of this session will be for organizations who are currently
filing a 990-N (or E-Postcards) or 990EZ and who may be moving
to a new filing category.
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A Network of Support is in development to provide technical
assistance and capacity building for the field, especially in moments
of tremendous growth, change, and evolution. Has someone or
some organization come alongside you to help your organization
grow? 4Culture seeks to connect with coaches, mentors, and
consultants who have fostered the success and sustainability of
cultural organizations and practitioners in King County. Let us know
who has helped you by emailing Cultural Services Liaison, Cassie
Chinn at cassie.chinn@4culture.org.
On behalf of 4Culture, thank you for the work you do to create impactful
cultural experiences for King County residents and visitors.
Sincerely,
Bret Fetzer, Arts Program Manager
Brian J. Carter, Executive Director
* Please note that 2026 and 2027 award amounts are subject to actual tax
revenue collected and may be adjusted based on final collection figures.
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4CULTURE PAGE 1
GRANT INFORMATION
CONTRACTOR INFORMATION
City of Tukwila
6200 Southcenter Blvd
Tukwila, Washington 98188
(206) 767-2310
Your Contract #: 125137A
Arts Sustained Support - 1750
Motion #: 2024-62
PROGRAM INFORMATION
Attached is your Contract with 4Culture for $38,000.00 for the 2025 Arts Sustained Support - LAA
project. The contract starts on 01/01/25 and ends on 12/31/25.
For questions, contact Bret Fetzer at bret.fetzer@4culture.org or (206) 263-1599.
SCOPE OF SERVICE
Contractor shall provide the following services in accordance with the application submitted to and
approved by the 4Culture Board:
Support for 2025 Programs, including events or activities occurring between Jan 1, 2025, and Dec
31, 2025, provided that such Programs are open and publicized to the community. In particular, the
Services include Contractor performing the activities described pursuant to the schedule described
in Public Benefit section below.
Funds will be available following signature of the contract by both parties. This advance payment is
necessary due to the immediate and extraordinary circumstances related to COVID-19-pandemic-
related shortfalls facing cultural institutions, including Contractor. Funds are to be provided in
advance of Contractor providing the Services and the resulting Public Benefits, in consideration of
Contractor's agreement to provide the Services and the resulting Public Benefits pursuant to this
Contract. You will be required to provide the following data and documentation:
Narrative description of your providing the Public Benefit Services, confirming that you have
provided the specific public benefits described below in 2025, including, without limitation,
for example, the dates and times of events, audiences size, and provision of free or reduced
price tickets or such other metrics applicable to the Public Benefit Services you will provide
and the public benefits that will result therefrom.
Samples of programs, brochures, or other marketing materials featuring the 4Culture logo,
if available.
Photos of the events and activities supported by this Grant, if available.
The above described information and documentation shall be referred to herein as a Report.
Attachment B
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4CULTURE PAGE 2
If your Grant Amount exceeds $500,000, you shall submit such Reports on June 30, 2025,
September 30, 2025 and December 31, 2025. If your Grant Amount exceeds $150,000, you
shall submit such Reports biennially on June 30, 2025 and December 31, 2025. If your Grant
Amount is $150,000 or less you shall submit such Report annually on December 31, 2025.
Quantitative data on events, attendance and open hours for your organization, as
applicable, for the calendar year of 2024, in order to set a data baseline for future impact
reporting.
Responses to survey questions regarding your organization and the impact of grant funds.
In addition, you shall submit annual financial reporting, as reflected in the 990 section of
your organizational profile at apply.4culture.org and annual demographic survey for your
organization by October 21, 2025.
You shall include prominent acknowledgment of 4Culture in all of your publicity and promotional
materials, including, but not limited to brochures, websites, press releases, programs, posters, public
service announcements, flyers and advertisements. Information on the promotion must be included
in each report described above. You may obtain an electronic file of 4Culture
PUBLIC BENEFIT
As a Local Arts Agency you agree to provide artistic services to the residents and visitors of your
community on behalf of your city. These services can include but are not limited to: public
performances, festivals, concerts, literary readings such as poetry or spoken word, youth
programs, funding for artist calls and commissions, stewarding public artwork, and other related
artistic activities and events for the public. Access to these events will be made accessible and
available to the public.
CONTRACT TERM
The Term of this Contract shall commence on the date that both parties have signed and shall end
on December 31, 2025.
CONTRACTOR INSTRUCTIONS
Please electronically sign this Contract within two weeks of receipt and return any required
enclosures. You will not be able to make changes to this Contract. If there is an error in the
document, or if you need to request changes in your Scope of Service or other items, please
contact your Program Manager listed above.
1.Services – Please review the information, Scope of Work, and Public Benefit sections above
carefully. These explain the services you are agreeing to provide in accordance with the
application you submitted to 4Culture.
2.Enclosures – Please complete any required enclosures and provide them to 4Culture.
Please view our contract enclosure instructions (see step 3) to download fillable forms and
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4CULTURE PAGE 3
get instructions on where to upload your documents.
a. Items to be returned at the time you sign the contract:
IRS Form W-9
b. Please review your specific grant program requirements at 4Culture’s website:
Manage Your Award.
3.4Culture Logo – For details of the requirements for acknowledging 4Culture support,
please refer to Section I, C. of the contract. The 4Culture logo is available for download in
PDF, EPS, and Jpeg formats.
4.Signature – Follow the link in the e-mail message - you will be walked through a few simple
steps to read and sign the contract at Conga Sign. A copy of the Contract will be e-mailed
to you as a PDF after it has been signed by 4Culture’s Executive Director.
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4CULTURE PAGE 4
AGENCY SERVICES CONTRACT
THIS CONTRACT is entered into by the CULTURAL DEVELOPMENT AUTHORITY OF
KING COUNTY (“4Culture”), whose address is 101 Prefontaine Place South, Seattle, WA
98104-2672 and telephone number is (206) 296-7580 and the Contractor as named on the
attached Grant Information Sheet. The Contractor is “cultural organization” as defined by
RCW 36.160.020(3) and King County Ordinance 19710, Section 3.D.
The Doors Open program authorizes a 2024 One-Time Operational Support program and a
Sustained Support program for the 2025-2031 period. Pursuant to the Doors Open
Ordinance and Implementation Plan, 4Culture solicited and reviewed applications from
Cultural Organizations for the 2024 One-Time Operational Support program which provides
Public Benefit Services in 2025 and the 2026-2027 Sustained Support Program. By Motion
#2024-62, the 4Culture board approved grants to Cultural Organizations under both
programs. This Contract memorializes 4Culture’s and Contractor’s agreement with respect
to the particular grants made by 4Culture to Contractor under the 2024 One-Time
Operational Support and, for grantees not eligible for Doors Open, under the 2025
Sustained Support program.
4Culture desires to provide funds with which the Contractor shall render certain services to
King County citizens for the benefit of King County citizens. As a cultural organization,
Contractor’s primary mission is one or more of the following: the advancement and
preservation of science or technology, the visual or performing arts, zoology, botany,
anthropology, heritage, or natural history and Contractor directly provides programming or
experiences available to the general public. Contractor’s direct provision of such
programming or experiences available to the general public, as more specifically described
on the Grant Information Sheet above, shall be referred to herein as the “Public Benefit
Services.”
The legislative authority of 4Culture has found and declared that providing funds to
Contractor in consideration of the Public Benefit Services provided hereunder constitutes a
public purpose with the meaning of Article VII, Section 1 of the Washington State
Constitution for which public funds may properly be expended or advanced.
NOW, THEREFORE, in consideration of payments, covenants, and agreements
hereinafter mentioned, to be made and performed by the parties hereto, the parties
covenant and do mutually agree as follows:
I. SCOPE OF SERVICES
A. The Contractor shall provide Public Benefit Services and comply with the
requirements set forth hereinafter and in the Grant Information Sheet.
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4CULTURE PAGE 5
B. Purchase of Services. Funds awarded under this Contract shall be used solely
to pay the Contractor in advance for the Public Benefit Services set forth in the
Program Proposal made by the Contractor, and the final agreed upon Specific
Scope of Services identified by 4Culture. The work described generally by the
Program Proposal and more specifically by the Specific Scope of Services,
including without limitation, the identified Public Benefit Services, shall
hereinafter be referred to as the “Project.”
C. Contractor agrees to acknowledge 4Culture support in all marketing and
promotional materials, websites, brochures, press releases, advertisements,
signage and other related materials during the period this contract is in force,
with the credit line “this project was supported in part by 4Culture” and/or by the
use of the 4Culture logo.
D. The Contractor agrees to notify 4Culture whenever possible in advance of any
public benefit Project activities.
II. DURATION OF CONTRACT
This Agreement shall commence and terminate on dates noted on the Grant
Information Sheet. This Agreement, however, may be terminated earlier as provided in
Section IV hereof.
III. COMPENSATION AND METHOD OF PAYMENT
A. 4Culture shall pay the Contractor the Grant Amount indicated on the Grant
Information Sheet. 4Culture’s payment obligations hereunder are subject to appropriation
and distribution of funds to 4Culture by King County.
B. 4Culture will initiate authorization for payment after this contract has been fully
executed. If all required documents have been received and verified, 4Culture shall make
payment to the Contractor by June 30, 2025.
C. Contractor shall submit all Reports and other required information on or before
the dates set forth in this Agreement.
D. If the Contractor fails to comply with any terms or conditions of this Contract
4Culture may shall notify the Contractor thereof and Contractor shall undertake corrective
action, as specified by 4Culture. If Contractor fails to undertake such corrective action in a
timely fashion to 4Culture’s satisfaction in its reasonable discretion, then Contractor shall
immediately repay 4Culture the Grant Amount, or such portion thereof that 4Culture
reasonably determines.
IV. TERMINATION OF AGREEMENT
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4CULTURE PAGE 6
If, through any cause, the Contractor shall fail to provide in any manner the work or
services agreed to herein or to fulfill in a timely and proper manner its obligations under this
Contract or if the Contractor shall violate any of its covenants, agreements or stipulations of
this Contract, 4Culture may terminate this Contract and Contractor shall immediately repay
4Culture the Grant Amount or such portion thereof as 4Culture determines in its
reasonable discretion. In addition, future funding opportunities for Contractor for 4Culture
programs may be limited as the result of Contractor’s failure to perform the Public Benefit
Services agreed to in this Contract. Prior to so terminating this Contract, 4Culture shall
submit written notice to the Contractor describing such default or violation. 4Culture shall
not so terminate this Contract if 4Culture determines, in its sole discretion, that Contractor
has, within twenty (20) days of the date of such notice, fully corrected such default or
violation. This right is in addition to and not in lieu of any other rights of 4Culture under this
Contract and any other right or remedy available to 4Culture at law or in equity.
V. MAINTENANCE OF RECORDS
A. The Contractor shall maintain accounts and records, including personnel,
property, financial, insurance and programmatic records and other such records as may be
deemed necessary by 4Culture to ensure proper accounting for all contract funds and
compliance with this Contract. All such records shall sufficiently and accurately reflect all
direct and indirect costs of any nature expended and services provided in the performance
of this Contract.
B. These records shall be maintained for a period of six (6) years after termination
of this Contract unless a longer retention period is required by law.
VI. AUDITS AND EVALUATIONS
A. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inspection, review or audit by 4Culture and/or
federal/state officials so authorized by law during the performance of this Agreement and
six (6) years after termination hereof.
B. The Contractor shall provide right of access to its facilities, including by any
subcontractor to 4Culture, the King County, state and/or federal agencies or officials at all
reasonable times in order to monitor and evaluate the services provided under this
Contract. 4Culture will give advance notice to the Contractor in the case of fiscal audits to
be conducted by 4Culture.
C. The Contractor agrees to cooperate with 4Culture in the evaluation of the
Contractor's performance under this contract and to make available all information
reasonably required by any such evaluation process. The results and records of said
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evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.56
(Public Records Act).
VII. PROPRIETARY RIGHTS
If any patentable or copyrightable material or article should result from the Project,
all rights accruing from such material or article shall be the sole property of Contractor.
Contractor agrees to and does hereby grant to 4Culture, an irrevocable, nonexclusive, and
royalty-free license to use, according to law, any material or article and use any method
that may be developed as part of the work under this Agreement, solely for non-
commercial publicity and marketing purposes. The foregoing license shall not apply to
existing training materials, consulting aids, checklists, and other materials and documents
of Contractor which are modified for use in the performance of this Agreement. 4Culture
will not use, license, distribute or gift any of Contractor’s work, material, article or method
for profit.
VIII. FUTURE SUPPORT
4Culture makes no commitment to support the services contracted for herein nor
guarantee regarding the success of the services and assumes no obligation for future
support of the Project except as expressly set forth in this Agreement.
IX. HOLD HARMLESS AND INDEMNIFICATION
A. In providing services under this Contract, the Contractor is an independent
Contractor, and shall determine the means of accomplishing the results contemplated by
this Contract. Neither the Contractor nor its officers, agents or employees are employees
of 4Culture for any purpose. The Contractor shall comply with all applicable federal and
state laws and regulations regarding employment, minimum wages and hours, and
discrimination in employment. The Contractor is responsible for determining the
compensation of its employees, for payment of such compensation, and for all federal
and/or state tax, industrial insurance, and Social Security liability that may result from the
performance of and compensation for these services. The Contractor and its officers,
agents, and employees shall make no claim of career service or civil service rights that
may accrue to a 4Culture employee under state or local law. 4Culture assumes no
responsibility for the payment of any compensation, wages, benefits, or taxes by, or on
behalf of the Contractor, its employees and/or others by reason of this Contract. To the
extent allowed by law, the Contractor shall protect, defend, indemnify and save harmless
4Culture and its officers, agents, and employees from and against any and all claims,
costs, and/or losses whatsoever occurring or resulting from (1) the Contractor’s failure to
pay any such compensation, wages, benefits, or taxes; (2) the supplying to the Contractor
of work, services, materials, or supplies by Contractor employees or other suppliers in
connection with or support of the performance of this Contract. The Contractor shall also
defend, indemnify, and save harmless 4Culture, and its officers, agents, and employees,
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4CULTURE PAGE 8
from and against any and all claims made by Contractor’s employees arising from their
employment with Contractor.
B. To the full extent provided by applicable law, the Contractor shall protect,
defend, indemnify, and save harmless 4Culture its officers, employees, and agents from
any and all costs, claims, judgments, and/or awards of damages, arising out of or in any
way resulting from the acts or omissions of the Contractor, its officers, employees, and/or
agents, except to the extent resulting from 4Culture’s sole negligence. If this Contract is a
“a covenant, promise, agreement or understanding in, or in connection with or collateral to,
a contract or agreement relative to the construction, alteration, repair, addition to,
subtraction from, improvement to, or maintenance of, any building, highway, road, railroad,
excavation, or other structure, project, development, or improvement attached to real
estate” within the meaning of RCW 4.24.115, the Contractor shall so protect, defend,
indemnify, and save harmless 4Culture, its officers, employees, and agents only to the
extent of the Contractor’s, its officers’, employees’, and/or agents’ negligence. The
Contractor agrees that its obligations under this subparagraph extend to any claim,
demand, and/or cause of action brought by or on behalf of any employees, or agents.
Claims shall include, but are not limited to, assertions that the use or transfer of any
software, book, document, report, film, tape or sound reproduction or material of any kind,
delivered hereunder, constitutes an infringement of any copyright.
X. CONFLICT OF INTEREST
A. Chapter 42.23 RCW (Code of Ethics for Municipal Officers--Contract Interests) is
incorporated by reference as if fully set forth herein and the Contractor agrees to abide by
all the conditions of said Chapter. Failure by the Contractor to comply with any
requirements of such Chapter shall be a material breach of contract.
B. In addition, Contractor represents, warrants and covenants that no officer,
employee, or agent of 4Culture who exercises any functions or responsibilities in
connection with the planning and implementation of the Specific Scope of Contract
Services funded herein, has or shall have any beneficial interest, directly or indirectly, in
this contract. The Contractor further represents, warrants and covenants neither it nor any
other person beneficially interested in this Contract has offered to give or given any such
officer, employee, or agent of 4Culture, directly or indirectly, any compensation, gratuity or
reward in connection with this Contract. The Contractor shall take all appropriate steps to
assure compliance with this provision.
XI. INSURANCE REQUIREMENTS
A. Contractor shall procure, at its sole cost and expense, Commercial General
Liability insurance against claims for injuries to persons or damages to property which may
arise from, or in connection with the performance of work hereunder by the Contractor, his
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agents, representatives, employees, and/or subcontractors. The Contractor or
subcontractors shall pay the costs of such insurance. Each policy shall be written on an
“Occurrence” basis.
B. Minimum Scope of Insurance shall be Insurance Services Office form number
(CG 00 01)—Minimum Combined Single Limit of $1,000,000 BI & PD with a General
Aggregate per project.
C. Deductibles and Self Insured Retentions
Any deductibles or self-insured retentions must be declared to, and approved by, 4Culture.
The deductible and/or self-insured retention of the policies shall not apply to the
Contractor's liability to 4Culture and shall be the sole responsibility of the Contractor.
D. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability Policies
a.) 4Culture, its officers, employees and agents are to be covered as
primary additional insureds as respects liability arising out of activities performed by or on
behalf of the Contractor in connection with this Agreement.
b.) To the extent of the Contractor's negligence, the Contractor's
insurance coverage shall be primary insurance as respects 4Culture, its officers,
employees, and agents. Any insurance and/or self-insurance maintained by 4Culture, its
officers, employees, or agents shall not contribute with the Contractor's insurance or
benefit the Contractor in any way.
c.) The Contractor's insurance shall apply separately to each insured
against whom claim is made and/or lawsuit is brought, except with respect to the limits of
the insurer's liability.
2. All Policies
a.) Coverage shall not be suspended, voided, canceled, reduced in
coverage or in limits, except as reduced in aggregate by paid claims, at any point during
the life of this contract. No material change, or cancellation or nonrenewal of any policy
required by this contract shall occur without thirty (30) days’ prior written notice to 4Culture.
E. Acceptability of Insurers
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Unless otherwise approved in writing by 4Culture, insurance is to be placed with insurers
with a Best's rating of no less than A:VIII, or, if not rated with Best's, with minimum
surpluses the equivalent of Bests' surplus size VIII.
F. Verification of Coverage
4Culture, reserves the right to request that contractor submit the certificate(s) of insurance
evidencing compliance with all requirements set forth above.
XII. NONDISCRIMINATION
A. During the performance of this Contract, Contractor shall comply with state,
federal and local legislation requiring nondiscrimination in employment and the provision of
services to the public, including, but not limited to: Title VI of the Civil Rights Act of 1964;
chapter 49.60 RCW (the Washington state law against discrimination); K.C.C. chapter
12.16 regarding discrimination and affirmative action in employment by Contractors,
subcontractors and vendors; K.C.C. chapter 12.17 prohibiting discrimination in contracting;
K.C.C. chapter 12.18 requiring fair employment practices; K.C.C. chapter and 12.22
prohibiting discrimination in places of public accommodation. Without limiting the
foregoing, Contractor agrees that no person shall, on the basis of basis of sex, race, color,
national origin, religious affiliation, disability, sexual orientation, gender identity or
expression, age, ancestry, parental status, marital status, use of service or assistive
animal, language, or geography, be denied the benefits of, or be subjected to
discrimination under any of its programs or activities.
B. The Contractor shall maintain, until 12 months after completion of all work under
this contract, all written quotes, bids, estimates or proposals submitted to the Contractor by
its subcontractors and all other businesses seeking to participate in this Contract. The
Contractor shall make such documents available to 4Culture for inspection and copying
upon request.
XIII. GENERAL PROVISIONS
A. Modifications. No modification or amendment of this Contract shall be valid
unless made in writing and signed by the parties hereto.
B. No Waivers. 4Culture's failure to insist upon the strict performance of any
provision of this Contract or to exercise any right based upon a breach
thereof or the acceptance of any performance during such breach shall not
constitute a waiver of any right under this Contract.
C. Severability. In the event any term or condition of this Contract or
application thereof to any person or circumstances is held invalid, such
invalidity shall not affect other terms, conditions, or applications of this
4545
4CULTURE PAGE 11
Contract that can be given effect without the invalid term, condition, or
application. To this end the terms and conditions of this Contract are
declared severable.
D. Entire Agreement. This Contract contains the entire agreement and
understanding of the Parties with respect to the subject matter hereof, and
supersedes all prior and contemporaneous oral and written understandings,
agreements, or other undertakings between the Parties.
E. Attorneys' Fees; Expenses. Contractor agrees to pay upon demand all of
4Culture's costs and expenses, including attorneys' fees and 4Culture's
legal expenses, incurred in connection with the enforcement of this
Contract. 4Culture may pay someone else to help enforce this Contract,
and Contractor shall pay the costs and expenses of such enforcement.
Costs and expenses include 4Culture's attorneys' fees and legal expenses
whether or not there is a lawsuit, including attorneys' fees and legal
expenses for bankruptcy proceedings (and including efforts to modify or
vacate any automatic stay or injunction), appeals, and any anticipated
post-judgment collection services. Contractor also shall pay all court costs
and such additional fees as may be directed by the court.
F. No County Liability For 4Culture Liabilities. 4Culture is organized pursuant
to County Ordinance 14482, as amended, and RCW 35.21.730, et seq.
RCW 35.21.750 provides as follows: "[All] liabilities incurred by such public
corporation, commission, or authority shall be satisfied exclusively from the
assets and properties of such public corporation, commission or authority
and no creditor or other person shall have any right of action against the
city, town, or county creating such corporation, commission, or authority on
account of any debts, obligations, or liabilities of such public corporation,
commission, or authority."
G. Binding On Successors And Assigns; Memorandum Of Agreement. This
Contract shall be binding upon the successors and assigns of Contractor. In
4Culture’s discretion, prior to the disbursement of grant funds hereunder,
the parties will execute, acknowledge and record with the King County
Recorder a memorandum of this Contract in a form approved by each party,
which approval shall not be unreasonably delayed, conditioned or withheld.
H. Notices. Any notice, consent, demand, or other communication hereunder
shall be in writing and shall be deemed to have been given if delivered in
person or deposited in any United States Postal Service mailbox, sent by
registered or certified mail, return receipt requested and first-class postage
prepaid, addressed to the Party for whom it is intended as indicated on the
Grant Information Sheet (as may be changed by written notice to the other
46
4CULTURE PAGE 12
Party pursuant to this provision):
I. Interpretation. The section and subsection captions in this Contract are for
convenience only and shall not control or affect the meaning or construction
of any provision of this Contract.
J. Time. Time is of the essence with respect to the performance of all
obligations of this Contract.
K. Governing Law. This Contract shall be governed by and construed in
accordance with the laws of the State of Washington. The venue of any suit
or arbitration arising under this Contract shall be in King County,
Washington and if a lawsuit, in King County Superior Court.
L. Third Parties. Except as expressly provided herein, nothing in this Contract
shall be construed to permit anyone other than the Parties hereto and their
successors and assigns to rely upon the covenants and agreements herein
contained nor to give any such third party a cause of action (as a third-party
beneficiary or otherwise) on account of any nonperformance hereunder.
M. Survival. The terms and conditions of Sections II.D, VI through and
including XVI shall survive the termination of this Contract and shall be
continuing obligations of the parties.
4CULTURE:CONTRACTOR:
4747
tukwila farmers market
& WEEKEND CONCERT SERIES& WEEKEND CONCERT SERIES
SUNDAYS, 10 A.M. TO 2 P.M.
TUKWILA COMMUNITY CENTER
SUNDAYS, 10 A.M. TO 2 P.M.
TUKWILA COMMUNITY CENTER
12424 42ND AVENUE SOUTH
JULY 20
PO'OKELA STREET BAND
AUGUST 3
STACY JONES BAND
AUGUST 17
AMELIA DAY
AUGUST 31
SPECIAL GUEST
TO BE ANNOUNCED
SEPTEMBER 7
SPECIAL GUEST
TO BE ANNOUNCED
TUKWILAWA.GOV/SUMMEREVENTS THANK YOU TO OUR GENEROUS SPONSORSTHANK YOU TO OUR GENEROUS SPONSORS
Attachment C
48
City of Tukwila
City Council Community Services & Safety Committee
Meeting Minutes
April 14, 2025– 5:30 p.m. – Hybrid Meeting; Hazelnut Conference Room & MS Teams
Councilmembers Present: Dennis Martinez, Chair; Armen Papyan
Staff Present: Laurel Humphrey, David Rosen, Rebecca Ellison, Michael May, Eric Drever,
Eric Lund
Guests: Cynthia Chesak, Pat Bako, Sheila Coppola, Arts Commissioners
Chair Martinez called the meeting to order at 5:30 p.m.
I. BUSINESS AGENDA
A. Grant Acceptance: Arts Sustained Support
Staff is seeking approval of an agreement to accept $114,000 through 2027 from 4Culture Arts
Sustained Support for recreation programming including a new Farmer’s Market sited at the
Community Center.
Item(s) for follow-up:
Involve City Council if 2026/2027 contracts substantially change.
Committee Recommendation:
Majority approval. Forward to April 21, 2025 Regular Meeting Consent Agenda.
B. Grant Acceptance: Disposition Research Specialist Position
Staff is seeking approval of an agreement with Washington State Patrol to accept $248,805.00
in National Criminal History Improvement Program funding to continue staffing the current
level of service.
Committee Recommendation:
Majority approval. Forward to April 21, 2025 Regular Meeting Consent Agenda.
C. Tukwila Arts Commission Spring Update
Commissioners updated the Committee on current operations and highlights.
Committee Recommendation:
Discussion only.
D. Speed Camera Equity Analysis Acceptance
Staff is seeking Council acceptance of the Speed Camera Equity Analysis that was already
presented in January 2025.
Committee Recommendation:
Majority approval. Forward to April 21, 2025 Regular Meeting Consent Agenda.
49
50
ITEM INFORMATION
STAFF SPONSOR: ERIC LUND ORIGINAL AGENDA DATE: 4/21/25
AGENDA ITEM TITLE Speed Camera Equity Analysis Acceptance
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Admin Svcs DCD Finance Fire P&R Police PW
SPONSOR’S
SUMMARY A Speed Camera Equity Analysis was completed and presented to the Council COW meeting
on 1/13/25. After further discussion with the City Attorney's office, their recommendation
is to have the council formally accept the analysis.
REVIEWED BY Trans&Infrastructure Svcs Community Svcs/Safety Finance & Governance Planning & Community Dev.
LTAC Arts Comm. Parks Comm. Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
COMMITTEE Majority Approval; Forward to 4/21 Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $ $
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
MTG. DATE ATTACHMENTS
4/21/25 Information Memorandum dated 4/8/2025
Speed Camera Equity Analysis
RCW 46.63.220
Minutes from the 1/13/25 Committee of the Whole Meeting
Minutes from the 4/14/2025 Community Services & Safety Committee Meeting
COUNCIL AGENDA SYNOPSIS
----------------------------------Initials --------------------------------- ITEM NO.
Meeting Date Prepared by Mayor’s review Council review
4/21/25 EL
4/21
5.E.
51
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Services & Safety Committee
FROM: Eric Drever, Chief of Police
BY: Eric Lund, Deputy Chief of Police
CC: Thomas McLeod
DATE: April 8, 2025
SUBJECT: Speed Camera Equity Analysis Acceptance
ISSUE
City Council is being asked to accept the Speed Camera Equity Analysis that was initially
presented to Council on January 13, 2025.
BACKGROUND
In September of 2021, a speed camera was installed in the city in the school zone near
Showalter Middle School. In 2022, Washington State enacted Senate Bill 5974 which revised
the law governing the use of Speed Safety Cameras for traffic enforcement. This bill allowed
cameras to be installed near hospitals, parks, and school walking routes. Additionally, the bill
required that cities conduct an equity assessment on the impact of the potential placement of
new cameras prior to their installation.
The 3 proposed locations are:
• 12500 block of 50th Place S (Codiga Park)
• 14200 block of 42nd Ave S (Foster High School)
• 15000 block of 42nd Ave S (Thorndyke Elementary School)
DISCUSSION
The Equity Analysis was presented at the January 13th, 2025 Committee of the Whole meeting.
Councilmembers expressed support for the cameras. After further review by the City Attorney’s
office, the recommendation was to bring the Equity Analysis back to the council to vote on
whether to “accept” the Equity Analysis or not.
FINANCIAL IMPACT
There is no financial impact to the city related to accepting the Equity Analysis.
RECOMMENDATION
The Committee is being asked to accept the Equity Analysis and forward to the April 21, 2025
Consent Agenda.
ATTACHMENTS
Speed Camera Equity Analysis
RCW 46.63.220
COW Meeting Minutes 1/13/25
52
{ADT4894-6718-8473;1/13175.000001/}
Speed Safety
Camera Equity
Analysis
Eric Lund, Deputy Police Chief, Tukwila Police Department & Jo Anderson,
Inclusion and Engagement Manager, City of Tukwila
12-16-2024
Attachment A
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Purpose
This speed safety camera equity analysis report was prepared in accordance Revised Code of
Washington (“RCW”) Section 46.63.220(3). The goal of this report is to provide an analysis of equity
considerations of the proposed traffic speed safety camera locations and examine whether there is a
demonstrated need for such cameras. The proposed locations of the speed safety cameras (“SSCs”) are
as follows:
• Codiga Park – 12500 block 50th Place S. (Public Park Speed Zone)
• Foster High School – 14200 block of 42nd Ave. S (School Speed Zone)
• Thorndyke Elementary School – 15000 block of 42nd Ave. S. (School Speed Zone)
Generally, SSCs have been shown to significantly reduce speed violations and crashes. Further,
compared to traditional traffic enforcement like traffic stops, studies suggest that SSCs may address
various inequities that are inherent in traffic enforcement by (1) reducing pedestrian deaths in car
crashes, especially among Black, Indigenous, and People of Color (“BIPOC”) who are more affected by
traffic deaths, and (2) removing social bias, such as racial profiling, by only focusing on vehicles and
license plates.
Thus, at first glance, a speed safety camera program appears to be a more equitable system, as cameras
initiate enforcement action objectively based on vehicle speed. However, camera placement can have a
disproportionate impact on low-income and other historically marginalized communities. Careful
consideration of camera placement is important to avoid unintended consequences.1
Background
In 2019, the City of Tukwila adopted Ordinance No. 2612 authorizing the use of SSCs in school zones.
Currently, the City has one SSC installed near Showalter Middle School, which became operational in
September 2021. The Showalter Middle School SSC is located on S. 144th St in between Showalter
Middle School and Foster High School, adjacent to the football stadium. The school zone’s 20 MPH
speed limit is currently enforced solely during school hours.
In 2022, Washington State enacted Senate Bill 5974, which revised the law governing the use of SSCs for
traffic enforcement. The updated legislation broadened the permissible locations for these cameras,
allowing their installation near hospitals, parks, school walking routes, and at intersections with above-
average crash rates. In addition, the law now requires that cities and counties conduct an equity
assessment on the impact of the potential placement of the SSC prior to its installation. This equity
analysis must evaluate how the camera's placement affects the local community's livability, accessibility,
economic wellbeing, educational opportunities, and environmental health. Furthermore, the analysis
must also show a demonstrated need for traffic cameras based on one or more of the following in the
vicinity of the proposed camera location.
1 Washington Traffic Safety Commission Speed Safety Readiness Guide 2023
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Community Engagement
Before starting a SSC program, it's important to engage with the community to provide information
about the new initiative and give them a chance to ask questions.2 While the proposed Codiga Park
location is a direct response to resident concerns, the additional school locations were proposed to the
Council based on the effectiveness of the SSC at Showalter Middle School. Community support for
cameras at Foster High School and Thorndyke Elementary School would benefit from engagement with
students, parents, educators, and surrounding residents. Offering transparent information and open
dialogue about SSCs will give people an opportunity to have their questions answered and ideas heard.
For the proposed Codiga Park location, there has been a mix of community engagement and discussion
at Council Meetings with Allentown residents. A community group named Allentown Advocates was
formed after the Allentown Bridge was closed due to a collision. This group has highlighted several
issues, including the problem of speeding vehicles. Members of the police department regularly attend
these meetings. In addition, at the January 3, 2022 Council Meeting, Allentown residents provided public
comment about many traffic related issues, including excessive speed in their neighborhood. The idea of
Park Safety Zone speed cameras was further discussed at Council Committee Meetings in August of
2022.
For the proposed Foster High School and Thorndyke Elementary School locations, Council discussed
placing cameras in these locations at the September 26, 2022 Committee of the Whole meeting. At the
meeting, several clarifying questions were asked by councilmembers, with an emphasis on the
importance of reaching a balance between disproportionately impacting vulnerable communities and
enforcing laws against speeding to ensure public safety. It was noted during this meeting that the
operational speed camera near Showalter was effective. Speed violations were reduced by 59% by the
end of the 2021 school year. During the October 3, 2022 meeting, council voted 6-1 in favor of acquiring
additional school zone cameras.
About the Proposed Locations
The three proposed locations are aligned with RCW 46.63.210, RCW 46.63.220, and TMC Chapter 9.53,
which designates the zones as subject to specified restrictions and penalties and allows installation.
Deploying cameras in such locations are most likely to protect vulnerable road users, such as students
travelling to and from school as well as children, older adults, people on wheels – wheelchairs and
scooters, strollers, bicycles, etc. to and from the park.
Codiga Park - 12500 50th Pl S
Codiga Park is located in the Allentown neighborhood of Tukwila. This is generally contained within U.S.
Census Tract 263 according to the United State Census Bureau. (ANNEX A)
An estimated 74% of residents in this neighborhood tract are people of color.3 They are more likely to
identify as Asian or White, have a higher median household income, and a lower poverty rate as
2 Washington Traffic Safety Commission Speed Safety Readiness Guide 2023
3 American Community Study (ACS) 2022 5-year estimate
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compared to residents in the entire City of Tukwila. The number of residents under the age of 18 is 20%
higher than the rate in Tukwila and those over 65 is a percentage higher than the City. (ANNEX B)
Data pulled from recent speeding infractions issued by Tukwila PD officers in the Allentown
neighborhood show that many non-Tukwila residents use S. 129th Pl, 50th Pl S., and S. 124th St as a cut-
through to avoid traffic. The zip code 98178 and Seattle was listed as the highest home address for
those that were issued a speeding infraction by officers. The Zip Code 98178 encompasses a large area
of Seattle and has a higher median household income than Allentown ($96,875 vs $83,958)4
Thorndyke Elementary School – 15000 42nd Ave S
The proposed installation of a school zone speed camera near the school walk zone of Thorndyke
Elementary School is in the 15000 block of 42nd Ave S. According to the Washington Office of
Superintendent of Public Instruction (OSPI), there were 375 students enrolled at Thorndyke Elementary
School during the 2023-24 academic year. Approximately 91.5% of the school’s student population are
low-income, and students are more likely to identify as Hispanic/Latino and Black/African American.5
The area around Thorndyke Elementary School is generally contained in U.S. Census Tract 282 according
to the United States Census. (ANNEX C). Based on the demographics of this neighborhood the analysis
found that residents within this neighborhood tract are more likely to identify as Hispanic/Latino, Black,
Asian, or White. This area has a lower median household income and a lower poverty rate as compared
to residents of Tukwila. (ANNEX D)
Foster High School – 14200 42nd Ave S.
The proposed installation of a school zone speed camera near the school walk zone of Foster High
School is on 42nd Ave S in the 14000 block. According to OSPI, there were 896 students enrolled at Foster
High School during the 2023-24 academic year. Approximately 78.3% of the student population are low-
income, and students are more likely to identify as Hispanic/Latino, Black/African American, and Asian.
This area is generally contained in U.S. Census Tract 272 according to the United States Census. (ANNEX
E). Based on the demographics of this neighborhood the analysis found that residents within this
neighborhood tract are more likely to identify as Hispanic/Latino, Black, Asian, or White. This area has a
lower median household income and has a higher poverty rate as compared to residents in the entire
City of Tukwila. This neighborhood also has a higher percentage of residents under the age of 18
compared to the City of Tukwila and King County. (ANNEX F)
Equity Considerations and Opportunities
Impact on Livability
General Equity Considerations: In many cities, there is a history of underinvestment in transportation
infrastructure in low-income communities and communities of color. Higher income and predominately
white neighborhoods are more likely to have better road engineering that naturally moderates vehicle
speed. Legacy systems that didn’t fully consider environmental or community impact, on the other
4 https://censusreporter.org/profiles/14000US53033026300-census-tract-263-king-wa/
5 https://reportcard.ospi.k12.wa.us/ReportCard/ViewSchoolOrDistrict/101401
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hand, have resulted in highways and other arterial roads with higher speeds running through historically
marginalized communities. In these communities, installing a speed safety camera may further penalize
the residents for the city’s lack of investment in road engineering in that neighborhood.6
Opportunities: Speed cameras can enhance livability by reducing traffic speeds and improving road
safety. This can lead to fewer accidents, injuries, and fatalities, making neighborhoods safer for
residents, particularly for pedestrians. Enhanced safety can also contribute to a more pleasant and
peaceful living environment.
Measure the effectiveness and impact of the program. Seek permanent solutions. If the installation of
cameras does not reduce speed violations in the proposed areas, the City should consider other
alternatives, such as traffic calming and road design. “Self-enforcing roadways are a preferred strategy
for reducing vehicle speed.”7 Revenue from the traffic safety camera program should be invested
towards permanently solving the problem through improved engineering or other long-term solutions.
Estimated Impact of SSC Locations on Livability:
1. Codiga Park Location
A SSC at this location is expected to have a positive impact on livability across all segments of
the community. By promoting safer vehicle speeds in this neighborhood, a SSC at this location
will enable community members to ingress and egress their homes in a safer manner and enjoy
a more peaceful living environment. This is particularly important in the Allentown
neighborhood, which already experiences a larger volume of traffic associated with the nearby
BNSF Intermodal Facility and non-City residents using local streets as a cut-through to avoid
traffic.
2. Thorndyke Elementary School Location
A SSC at this location is expected to have a positive impact on livability across all segments of
the community. By promoting safer vehicle speeds in this neighborhood, a SSC at this location
will enable community members to ingress and egress their homes in a safer manner abd enjoy
a more peaceful living environment.
3. Foster High School Location
A SSC at this location is expected to have a positive impact on livability across all segments of
the community. By promoting safer vehicle speeds in this neighborhood, a SSC at this location
will enable community members to ingress and egress their homes in a safer manner and enjoy
a more peaceful living environment.
Impact on Accessibility
General Equity Considerations: Accessibility is generally understood to be the ability for a person with a
disability to use or understand something with reasonable effort and safety. This means that a person
6 Washington Traffic Safety Commission Speed Safety Readiness Guide 2023
7 Washington Traffic Safety Commission Speed Safety Readiness Guide 2023
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with a disability should be able to access the same services, information, and interactions as someone
without a disability.
Opportunities:
Properly placed speed cameras can improve accessibility by ensuring that roads are safer and more
predictable for all users. Again, revenue from the traffic safety camera program should be invested
towards permanently solving the problem through improved engineering or other long-term solutions.
Further, it is important that drivers and pedestrians are aware of the changes. At SSC locations the City
should use plain and clear signage, find ways to communicate with diverse language groups, and ensure
the administration of traffic infractions in accessible ways (e.g., online, mail, readable text, etc.).8
Estimated Impact of SSC Locations on Accessibility:
1. Codiga Park Location
A SSC at this location is expected to have a positive impact on accessibility across all segments of
the community. In the Allentown neighborhood, there are very few sidewalks, which means that
pedestrians including people on wheels – wheelchairs and scooters, strollers, bicycles, etc. must
use the shoulder. To access Codiga Park, pedestrians would most likely need to using a soft
shoulder with vehicular traffic buzzing by. This is especially true in the proposed school zone
locations as 42nd Ave S is a highly traveled roadway and many students either walk along it or
cross it to get to their school. The placement of a SCC in this location is expected to increase
accessibility in the surrounding neighborhood.
2. Thorndyke Elementary School Location
A SSC at this location is expected to have a positive impact on accessibility across all segments of
the community, especially families and children. Accessibility is particularly important near
schools, parks, and community centers, where reduced speeds facilitate safer access for
students. For this location in particular, most (if not all) students that attend Thorndyke
Elementary School are younger, and, therefore, the most at-risk to be injured or killed by
vehicles travelling at high rates of speed.
3. Foster High School Location
A SSC at this location is expected to have a positive impact on accessibility across all segments of
the community, especially families and children. Accessibility is particularly important near
schools, parks, and community centers, where reduced speeds facilitate safer access for
students.
Impact on Economics
General Equity Considerations: Speed cameras can have mixed effects on the local economy. On one
hand, reduced traffic accidents can lower healthcare and property damage costs, benefiting local
economies. On the other hand, fines from speed cameras is a financial burden for some.
8 Adapted from the City of Lake Forest Park Traffic Speed Safety Camera Equity Impact Analysis produced by
ECOnorthwest
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It is important to ensure the equitable distribution of both the economic benefits and the burdens of
speed safety cameras in the areas where they are located. Commuters, who are relatively more diverse
and have lower incomes than the residents of the SSC's surrounding neighborhood, may experience a
disproportionate financial burden from SSC placement and speed zone enforcement.9
Opportunities: RCW 46.63.220 adds other traffic camera revenue use restrictions based on a
jurisdiction’s population. Jurisdictions with populations of 10,000 or more must spend at least a
proportionate share of their traffic safety camera revenue (excluding program operation costs) on
undertaking the permitted traffic safety activities in census tracts with household incomes in the lowest
quartile (determined by the most currently available census data) and in areas that have injury crash
rates above the jurisdiction’s average.
Additionally, RCW 46.63.220(16) and Tukwila Municipal Code Chapter 9.53 sets the penalty for safety
cameras violations at a maximum of $145, and may double for a school speed zone camera. The City has
already adopted the practice of issuing a warning for first violation. While Tukwila Municipal Court has a
history of considering equitable approaches to reducing monetary penalties, beginning June 6th, 2024
the City will also comply with RCW 46.63.220(15), allowing recipients of state public assistance to
request 50% reduced penalties. Jurisdictions may also consider other options and alternatives for low-
income violators not receiving state assistance such as:
• Due date extensions
• Payment plans
• Community service
• Traffic safety education
Estimated Impact of SSC Locations on Economics:
1. Codiga Park Location
A SSC at this location is not expected to have a significant disproportionate impact on lower
income individuals. The majority of the residents that live near this location have a higher
median household income and a lower poverty rate as compared to other residents in the City
of Tukwila. However, historically, most of the speeding infractions issued by the Tukwila Police
Department this neighborhood were actually issued to individuals who live outside of the City.
Most of the individuals cited for speeding listed their zip code as 98178, which encompasses a
large area of the City Seattle and recent data indicates that residents that live in this are have a
higher median household income than those that live near this location ($96,875 vs $83,958).
2. Thorndyke Elementary School Location
A SSC at this location is expected to have a slight disproportionate impact on lower income
individuals. The median household income in this area is lower than the median income for City
of Tukwila resident. But, the poverty rate is also lower than the Citywide rate. This suggests
that the residents that live near this location have less economic power, but not quite in
poverty.
9 City of Lake Forest Park Equity Analysis produced by ECOnorthwest
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3. Foster High School Location
A SSC at this location is expected to have a slight disproportionate impact on lower income
individuals. The median income of residents in this neighborhood is lower than the median
income of all City of Tukwila residents. In addition, this area also has a greater poverty rate
when compared to the City’s average poverty rate. However, the difference, while significant, is
not major. According to recent census data, the median household income in this neighborhood
is $9,091 less than the median income of all City residents, and an poverty rate increase of 3.1%.
Homeownership rate is also significantly higher in this neighborhood, which means that
residents in this area are not subject to increasing rents. As a result, the placement of a SCC in
this location may have a disproportionate impact on lower income individuals.
Impact on Educational Opportunities
Equity Consideration: Children’s ability to get to school in a safe and timely manner is crucial to their
educational attainment.
Opportunity: By improving road safety, speed cameras can contribute to safer routes for students
traveling to and from schools. This can positively influence school attendance and overall student well-
being, as parents may feel more confident allowing their children to walk or bike to school. 42nd Ave S is
a main north/south route with steady traffic volumes. Children are present before and after school. In
the case of the location near Foster High School, many students will cross 42nd Ave S, but not at a
controlled intersection, on their way to and from school. Reducing speed at this location will reduce
collisions and near misses to pedestrians.
Estimated Impact of SSC Locations on Educational Opportunities:
1. Codiga Park Location
A SSC at this location will not have an direct positive impact on educational opportunities.
Although this location is not near a school or other educational facility, the number of residents,
under the age of 18, in this neighborhood is 20% higher than the rate in Tukwila. Therefore, it is
expected that by enabling more stringent enforcement of speed in this area, the placement of a
SSC in this location will better enable children to ingress and egress to their nearby school in a
safe and timely manner.
2. Thorndyke Elementary School Location
A SSC at this location will have a significant positive impact on educational opportunities. The
proposed location of this SCC will be near the school walk zone of Thorndyke Elementary School
in the 15000 block of 42nd Avenue South. The close proximity of the camera to the school will
help ensure that children are able to attend the school in a safe and timely manner.
3. Foster High School Location
A SSC at this location will have a significant positive impact on educational opportunities. The
proposed location of this SCC will be near the school walk zone of Foster High School is on 42nd
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Ave S in the 14000 block. The close proximity of the camera to the school will help ensure that
children are able to attend the school in a safe and timely manner.
Impact on Environmental Health
General Equity Considerations: Historically, the disproportionate burden of environmental harm is
experienced by marginalized communities.
Opportunity: Speed cameras can indirectly benefit environmental health by promoting smoother traffic
flow and reducing aggressive driving behaviors. This can lead to lower vehicle emissions, as smoother
driving reduces fuel consumption and greenhouse gas emissions. Additionally, safer roads can
encourage more people to walk or bike, further reducing environmental impacts.
Estimated Impact of SSC Locations on Educational Opportunities:
1. Codiga Park Location
An SSC at this location will have a positive impact on environmental health across all segments
of the community. An SSC will promote slower vehicle speeds, thereby reducing the likelihood
of traffic collisions, fuel consumption, and the emission of greenhouse gases.
2. Thorndyke Elementary School Location
A SSC at this location will have a positive impact on environmental health across all segments of
the community, especially families and children. A SSC will promote slower vehicle, thereby
reducing the likelihood of major traffic collisions, fuel consumption, and the emission of
greenhouse gases. This positive effect will greatly benefit students attending the Thorndyke
Elementary School, who are particularly vulnerable to these negative effects on environmental
health due to their age, size, and mobility.
3. Foster High School Location
An SSC at this location will have a positive impact on environmental health across all segments
of the community, especially families and children. A SSC will promote slower vehicle, thereby
reducing the likelihood of major traffic collisions, fuel consumption, and the emission of
greenhouse gases. This positive effect will greatly benefit students attending the nearby Foster
High School, who are particularly vulnerable to these negative effects on environmental health
due to their age, size, and mobility.
Speed Data Analysis
To determine whether there is a demonstrated need for SSCs at the proposed locations, the Police
Department conducted a speed data analysis of the Codiga Park, Thorndyke Elementary School, and
Foster High School locations. This analysis included speed studies and a review of recent speeding
tickets and crashes that occurred in the area. Speed and crash data is particularly important to consider
because “the average risk of severe injury for a pedestrian struck by a vehicle reaches 10% at an impact
speed of 16 mph, 25% at 23 mph, 50% at 31 mph, 75% at 39 mph, and 90% at 46 mph. The average risk
of death for a pedestrian reaches 10% at an impact speed of 23 mph, 25% at 32 mph, 50% at 42 mph,
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75% at 50 mph, and 90% at 58 mph.”10 In sum, the results of the analysis showed a high percentage of
vehicles are speeding at dangerous rates in all three proposed locations.
Speed Studies
Speed studies were conducted at the three locations in 2022 using speed measuring devices (Tables 2a – 2c). As
illustrated below, the data shows that every day more than half of the total vehicles were traveling at least 11MPH
more than the posted speed limit.
Table 2a: Codiga Park
Sunday 7/31/22 Monday 8/1/22 Tuesday 8/2/22
Total vehicle count 2134 3021 3189
11+ MPH over the limit 1548 1747 1962
Percent 72% 57% 61%
Table 2b: 15000 42nd Ave S (Thorndyke Elementary School) – School Zone
Wednesday 12/14/22 Thursday 12/15/22 Friday 12/16/22
Total vehicle count 1177 1001 1055
6+ MPH over the limit 607 584 561
Percent 51% 58% 53%
Table 2c: 14200 42nd Ave S (Foster High School) - School Zone*
September 2022 Daily Average October 2022 Daily Average
Total Vehicle Count 1077 1337
6+MPH over the limit 682 613
Percent 63% 45%
* The data near Foster High School (Table 2c) was conducted with the permanently mounted speed radar signs
that were always turned on. The data in Table 3c is the daily average as opposed to actual count in Table 2a and
2b.
Recent Speeding Ticket Analysis – Allentown
The Police Department also analyzed speeding ticket data for the Allentown neighborhood between
7/15/24 and 9/19/24 (Table 1). Altogether, the Police Department’s Traffic Unit issued 79 speeding
infractions during this period. To better understand the impact of a SSC at the Codiga Park location, the
Police Department collected and analyzed the city listed as the home residence of the driver of the
speeding vehicle.
10 Tefft, B.C. (2011). Impact Speed and a Pedestrian’s Risk of Severe Injury or Death (Technical Report). Washington,
D.C.: AAA Foundation for Traffic Safety.
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Forty of the 79 speeding drivers, who were issued speeding infractions, listed a Seattle address as their
home (about 50% of the total). Tukwila follows with 15 entries (about 19% of the total). Other cities,
including SeaTac, Burien, Renton, and others, have significantly fewer occurrences, ranging from 1 to 4
entries each.
Table 1: City of Residence of Speeding Violators – Codiga Park Location
The data shows that a significant majority of drivers who received speeding infractions during this time-period
reside in Seattle, specifically ZIP code 98178. Out of the total entries, Seattle ZIP codes account for a substantial
portion of the citations. During rush hour on I-5, it is believed that many motorists use Allentown as a cut-
through to I-405 to avoid daily freeway congestion. Addressing this issue in Allentown could enhance road
safety and reduce the frequency of speeding infractions in the area.
Crash Data
An analysis of crash data over the past 5 years (2019-2023) near the proposed locations (ANNEX G)
found that 42nd Ave S. has had a high level of crashes between S. 140th St and Southcenter Blvd. There is
a significant number of students traveling on 42nd Ave S Thorndyke Elementary School and Foster High
School are both near 42nd Ave S. Especially near the high school, many students will cross 42nd Ave S at
places other than the controlled intersection. With the number of crashes all along 42nd Ave S., it is
extremely important to keep vehicle speeds low for the safety of our students. The two locations are
already clearly marked school zones by signage, but, as the speed study shows (page 6), approximately
50% of the vehicles exceed the speed limit by 6MPH or more. The yearly average of collisions along 42nd
Ave S in the past 5 years is 17.2 crashes per year.
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The crash data near Codiga Park is much lower. There have been a total of 17 crashes in the past 5 years
along S. 129th St and S. 124th St. This is an average of 3.4 crashes per year. Although the crash data is
minimal compared to the other locations, the Codiga Park speed data shows that well over 50% (in one
day over 70%) of the vehicles are traveling 11MPH or more over the posted speed limit (page 5 – Table
2a).
Speed Camera Deployment
The following steps are required or encouraged either by Washington State Law or best practices.11
• Signage – The law requires that signs notifying drivers of speed safety cameras be installed at least 30
days prior to activation of the camera.
• Warnings – Cities should consider establishing a period of time after installation (usually 30 days) when
all violators receive a warning. This was the practice after installing the school zone speed camera near
Showalter Middle School in 2021.
• Enforcement tolerance threshold – NHTSA recommends a threshold of up to 11MPH on most roads,
and no less than 6MPH in school zones and other locations with lower speed limits where pedestrians
and children might be present, such as neighborhoods, playgrounds, and parks.12
• Due Process – The agency managing the SSC program has adequate staffing to send out timely notice.
State law requires the infraction be mailed to the registered owner within 14 days of the violation.
City Staffing
If the three proposed locations are approved by council, this will increase the number of infractions and
time needed by court staff to process and adjudicate. Tukwila Municipal Court staff relayed that they
believe that they have the appropriate amount of staff to handle the increase.
Summary
The City of Tukwila is planning to implement new cameras to enhance public safety by reducing
speeding in key areas. To ensure the initiative is equitable, the city has focused on placing the cameras
in locations with a high potential for accidents or traffic violations, while considering the demographic
diversity of the neighborhoods affected. This ensures that the benefits, such as safer streets, are fairly
distributed across different communities while potential harms, such as financial burden, are mitigated.
The placement and deployment of these cameras are informed by best practices in equitable traffic
management, drawing on national research and local data. These steps help ensure that the program
addresses both safety concerns and social fairness, while improving the overall quality of life for all
Tukwila community members.
From the analysis, equity considerations and opportunities were identified in the areas of livability,
accessibility, economics, education, and environmental health. The City will adhere to state
11 Washington Traffic Safety Commission Speed Safety Readiness Guide 2023
12 National Highway Transportation Safety Administration. (2008, March). Speed Enforcement Camera Systems
Operational Guidelines.
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requirements and consider additional opportunities to increase equity and mitigate burden for those
most impacted by disparities. Identified opportunities to increase equity in the proposed locations
include:
• Enhancing livability by reducing traffic speeds and improving road safety. Using revenue from
the program to invest in permanent, long-term solutions.
• Improving accessibility, particularly for people with disabilities, by ensuring that roads are safer
and more predictable, using plain and clear signage, and administering traffic infractions in
accessible ways.
• Addressing impact on economics by using program revenues towards traffic safety activities in
low-income neighborhoods and areas with higher injury crash rates. Also, continuing to use
equitable approaches to reducing monetary penalties.
• Addressing impact on educational opportunities by creating safer routes for students traveling
to and from school. This can positively influence school attendance and overall student
wellbeing.
• Addressing impact on environmental health by promoting smoother traffic flow, reducing
aggressive driving behavior and emissions, and encouraging walking and cycling in areas where
marginalized communities experience environmental harm.
Reporting and continued evaluation are required. Cities and counties using traffic cameras must also
post an annual report on their websites showing the number of traffic crashes that have occurred at
each camera’s location, and the number of infraction notices generated from each camera. Starting
January 1, 2026, this required annual report must also indicate the percentage of traffic camera revenue
used to pay the jurisdiction’s camera program costs, and how the jurisdiction used any revenue that
exceeded those costs.
The future of Tukwila’s traffic safety camera program should benefit all residents equally, enhancing
safety without disproportionately burdening any specific group. To that end, future camera placement
decisions should be informed by an equity analysis, including data and community engagement with
those most impacted by inequities.
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ANNEX A
Census Tract 263 - Allentown
The red dot is the approximate proposed location near Codiga Park. 50th Pl S and S. 124th St are classified as a
Collector Arterials per TMC 9.18.03013. A collector arterial is a type of roadway designed to gather traffic from
local streets and funnel it to larger, more heavily traveled roads like major arterials or highways. It balances the
function of providing access to local properties (like homes and businesses) with the need to move moderate
volumes of traffic over longer distances. Collector arterials typically handle more traffic than local streets but
13 Tukwila Municipal Code Link
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less than major arterials, serving both residential and commercial areas while connecting neighborhoods to key
routes.
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ANNEX B
Demographic Data from U.S. Census Tract 263 vs City of Tukwila vs King County14
Demographic Census Tract 263
(Allentown)
City of Tukwila King County
Race and Ethnicity*
White 26% 29% 56%
Black/African American 12% 17% 6%
American Indian/Alaska Native 7% 1% 0%
Asian 41% 24% 19%
Native Hawaiian/Pacific Islander 1% 3% 1%
Hispanic 12% 22% 10%
Age
Percent Under 18 years old 21% 18% 20%
Percent Over 65 years old 12% 11% 14%
Wealth and Income
Poverty Rate 4% 13.3% 8.5%
Median Household Income $83,958 $76,331 $116,340
Other Socioeconomic Indicators
Percent of Residents with
Bachelor’s or higher
27.3% 25.8% 54.9%
Homeownership Rate 67.0% 42.4% 55.6%
* Margin of error is at least 10 percent of the total value. Take care with these statistics.
14 Source - https://censusreporter.org/profiles/14000US53033026300-census-tract-263-king-wa/
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ANNEX C
15000 42nd Ave S – Thorndyke – Census Tract 28215
The red X’s mark the approximate location of the speed cameras. The yellow star is the location of
Thorndyke Elementary School. 42nd Ave S is also classified as a Collector Arterial (TMC 9.18.030)16.
Children that walk to Thorndyke Elementary School walk along 42nd Ave S and many must also cross the
road from the west.
15 Source - https://censusreporter.org/profiles/14000US53033028200-census-tract-282-king-wa/
16 Tukwila Municipal Code Link
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ANNEX D
Demographic Data from U.S. Census Tract 282 vs City of Tukwila vs King County17
Demographic Census Tract 282
(Thorndyke)
City of Tukwila King County
Race and Ethnicity*
White 31% 29% 56%
Black/African American 22% 17% 6%
American Indian/Alaska Native 0% 1% 0%
Asian 18% 24% 19%%
Native Hawaiian/Pacific
Islander
4% 3% 1%
Hispanic 23% 12.5% 5.8%
Age
Percent Under 18 years old 16% 18% 20%
Percent Over 65 years old 18% 11% 14%
Wealth and Income
Poverty Rate 12.6% 13.3% 8.5%
Median Household Income $68,588 $76,331 $116,340
Other Socioeconomic Indicators
Percent of Residents with
Bachelor’s or higher
26.6% 25.8% 54.9%
Homeownership Rate 44% 42% 56%
17 Source - https://censusreporter.org/profiles/14000US53033028200-census-tract-282-king-wa/
* Margin of error is at least 10 percent of the total value. Take care with this statistic.
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ANNEX E
14200 42nd Ave S - US Census Tract 272
The red X’s indicate an approximate location for the proposed speed camera locations. The gold star is
the location of Foster High School. This is also located on 42nd Ave S which is classified as a Collector
Arterial Street.
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ANNEX F
Demographic Data from U.S. Census Tract 272 vs City of Tukwila vs King County18
Demographic Census Tract
272 (Foster)
City of Tukwila King County
Race and Ethnicity*
White 24%% 29% 56%
Black/African American 17% 17% 6%
American Indian/Alaska
Native*
0% 1% 0%
Asian 21% 24% 19%
Native Hawaiian/Pacific
Islander
5% 3% 1%
Hispanic 24% 22% 10%
Age
Percent Under 18 years old 21% 18% 20%
Percent Over 65 years old 12% 11% 14%
Wealth and Income
Poverty Rate 16.4% 13.3% 8.5%
Median Household Income $67,240 $76,331 $116,340
Other Socioeconomic Indicators
Percent of Residents with
Bachelor’s or higher
22.8% 25.8% 54.9%
Homeownership Rate 49% 42% 56%
Based on the data, residents of this census tract have a lower median household income, higher
employment rate, and higher home ownership rate than the rest of the City of Tukwila.
18 Source - https://censusreporter.org/profiles/14000US53033027200-census-tract-272-king-wa/
* Margin of error is at least 10 percent of the total value. Take care with these statistics.
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ANNEX G
Crash data in Tukwila at proposed locations (2019-2023)19
Red X denotes proposed camera locations
19 Data compiled by TPD Crime Analyst 10/10/24
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Tukwila CitY. Council Committee of the Whole Meeting
Hybrid Meeting (On-site and Virtual) January 13, 2025 - 7:00 P.M.
MINUTES
COMMITTEE OF THE WHOLE
CALL TO ORDER/PLEDGE OF ALLEGIANCE
Council President Sharp called the Tukwila City Council meeting to order at 7:00 p.m. and led the
audience in the Pledge of Allegiance.
OFFICIALS
Present at the meeting were Council President Tosh Sharp (on-site); Council members De'Sean Quinn
(remote), Mohammed Abdi (on-site), Armen Papyan (on-site), Jovita McConnell (on-site), Dennis
Martinez (on-site) and Hannah Hedrick (on-site).
CITY OFFICIALS
Thomas McLeod, Mayor; Marty Wine, City Administrator; Pete Mayer, Deputy City Administrator/Acting
Public Works Director; Derek Speck, Economic Development Administrator; Brandon Miles, Director of
Strategic Initiatives and Government Relations; Nora Gierloff, Community Development Director; Aaron
BeMiller, Finance Director; Tony Cullerton, Deputy Finance Director; Eric Drever, Police Chief; Eric Lund,
Deputy Police Chief; Joel Bush, Technology & Innovation Services Director; Griffin Lerner, Public Works
Analyst; Laurel Humphrey, Legislative Analyst; Andy Youn, City Clerk; Jennifer Marshall, Deputy City
Clerk.
LAND ACKNOWLEDGEMENT
Councilmember Abdi stated "The City of Tukwila is located on the ancestral lands of the Coast Salish
people. We acknowledge their continuing connections to land, waters and culture. We pay our respects to
their elders past, present and emerging."
PUBLIC COMMENTS
Sharon Mann spoke in support of the proposed Newporter Property sale, which she believes will increase
livability along the Tukwila International Boulevard.
SPECIAL ISSUES
a.Federal Advocacy update and briefing.
David Hodges, Partner/Public Affairs; Joel Ruben, Partner/Federal Affairs (remote); and Kamron Brant,
Associate/ Federal Affairs from CFM Advocates introduced themselves and their work histories; they also
overviewed general current federal issues and upcoming advocacy opportunities.
Councilmembers asked clarifying questions regarding immigration, potential infrastructure funding, public
health, and housing.
7:49 p.m.
7:54 p.m.
Councilmember Abdi exited the Council Chambers
Councilmember Abdi returned to the Council Chambers
b.Automated traffic safety cameras equity analysis
Eric Lund, Deputy Chief of Police, reviewed the Speed Camera Equity Analysis as required per RCW
46.63.220(3) for the three proposed locations for speed cameras (near Codiga Park, Foster High School,
and Thorndyke Elementary School).
Attachment C
86
Tukwila City Council Committee of the Whole Minutes
January 13, 2025 Page 2 of 3
Councilmembers expressed support for these locations and asked questions regarding the timing of their
installation, the potential for speed cameras at all schools within the city, and the financial impact of this
program.
c. Update on sale of Newporter Parcel
Derek Speck, Economic Development Administrator, reviewed the preliminary proposal for the sale of the
Newporter Parcel located at 14840 Tukwila International Boulevard. He requested feedback related to
Council's interest in adjusting the height limitations along Tukwila International Boulevard, decreasing
parking requirements, and expanding the Multi -Family Tax Exemption (MFTE) program to this area. It
was noted Council could direct staff to negotiate this offer, continue marketing the site, or leave site alone
for now.
Councilmembers expressed interest in continuing the negotiations and potentially allowing modifications
to the height and parking restrictions as well as expanding the MFTE to this area.
8: 51 p.m.
8:54 p.m.
8:55 p.m.
8:59 p.m.
9:00 p.m.
9:04 p.m.
REPORTS
a. Mayor
Councilmember McConnell exited the Council Chambers
Councilmember McConnell returned to Council Chambers
Councilmember Abdi exited the Council Chambers
Councilmember Abdi returned to Council Chambers
Councilmember Martinez exited the Council Chambers
Councilmember Martinez returned to Council Chambers
Mayor McLeod will be in Washington D.C. beginning January 14th for the Mayors Innovation Project
followed by the United States Conference of Mayors.
b. City Council
Councilmember Quinn noted he is not in physical attendance as he is recovering from a surgery and
plans to be in -person at the next meeting.
Councilmember Papyan attended the memorial service for King County Metro Transit Operator Shawn
Yim. He referenced the current fires in California and the importance of investing money in resilient
infrastructure.
Councilmember McConnell attended Sound Cities Association and noted the need for increased diversity
on the boards and committees. She also attended Mr. Yim's service and expressed her desire to
advocate for additional responder protections. She attended the 2025 Charity Cup hockey game between
South Sound Police and Puget Sound Fire (PSF).
Councilmember Martinez attended meetings centering on public safety during the past week including
with Cascade Water Alliance, Amalgamated Transit Union 587, and labor officials. He also attended Mr.
Yim's memorial.
Councilmember Hedrick also attended Mr. Yim's memorial and the 2025 Charity Cup. She shared the
behavior and mental health issues need to be addressed in addition to putting up additional protections.
c. Staff
There was no report.
87
Tukwila City Council Committee of the Whole Minutes
January 13, 2025 Page 3 of 3
MISCELLANEOUS
Councilmember Papyan shared his desire to have a holiday event for the City of Tukwila, similar to
Snowflake Lane in Bellevue or Renton's Holiday Light Show. He asked regarding Council interest to
pursue this idea. Consensus existed to refer this item to a Committee for further discussion.
Councilmember McConnell expressed appreciation for the Police Department and their unwavering
commitment to keeping the community safe.
Councilmember Martinez emphasized the importance of proper preparations for inclement weather
including monitoring tire pressure as the cold weather can cause a decrease in the pressure.
ADJOURNMENT
9:31 P.M. COUNCIL PRESIDENT SHARP DECLARED THE COMMITTEE OF THE WHOLE MEETING
ADJOURNED.
osh Sharp, Councile id n
shall, Deputi City Clerk
AF"P OVED BY COUNCIL PRESIDENT: 01/27/25
AVAILABLE ON THE CITY WEBSITE: 01/28/ 25
88
City of Tukwila
City Council Community Services & Safety Committee
Meeting Minutes
April 14, 2025– 5:30 p.m. – Hybrid Meeting; Hazelnut Conference Room & MS Teams
Councilmembers Present: Dennis Martinez, Chair; Armen Papyan
Staff Present: Laurel Humphrey, David Rosen, Rebecca Ellison, Michael May, Eric Drever,
Eric Lund
Guests: Cynthia Chesak, Pat Bako, Sheila Coppola, Arts Commissioners
Chair Martinez called the meeting to order at 5:30 p.m.
I. BUSINESS AGENDA
A. Grant Acceptance: Arts Sustained Support
Staff is seeking approval of an agreement to accept $114,000 through 2027 from 4Culture Arts
Sustained Support for recreation programming including a new Farmer’s Market sited at the
Community Center.
Item(s) for follow-up:
Involve City Council if 2026/2027 contracts substantially change.
Committee Recommendation:
Majority approval. Forward to April 21, 2025 Regular Meeting Consent Agenda.
B. Grant Acceptance: Disposition Research Specialist Position
Staff is seeking approval of an agreement with Washington State Patrol to accept $248,805.00
in National Criminal History Improvement Program funding to continue staffing the current
level of service.
Committee Recommendation:
Majority approval. Forward to April 21, 2025 Regular Meeting Consent Agenda.
C. Tukwila Arts Commission Spring Update
Commissioners updated the Committee on current operations and highlights.
Committee Recommendation:
Discussion only.
D. Speed Camera Equity Analysis Acceptance
Staff is seeking Council acceptance of the Speed Camera Equity Analysis that was already
presented in January 2025.
Committee Recommendation:
Majority approval. Forward to April 21, 2025 Regular Meeting Consent Agenda.
89
90
ITEM INFORMATION
STAFF SPONSOR: CYNDY KNIGHTON ORIGINAL AGENDA DATE: 04/14/25
AGENDA ITEM TITLE Resolution for Adoption of the Local Road Safety Plan
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 4/14/25 Mtg Date 4/221/25 Mtg Date 4/221/25 Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor HR DCD Finance Fire TS P&R Police PW Court
SPONSOR’S
SUMMARY
The Local Road Safety Plan (LSRP) identifies needed safety improvements to Tukwila’s
transportation system and prioritizes the highest needs. Having a LSRP is a requirement for
future grants through the Safe Streets For All grant and potential other grant sources. The
City has identified the top 10 projects for for development in the near term. The Council is
being asked to approve the Resolution adopting the Local Road Safety Plan.
REVIEWED BY Trans&Infrastructure CommunitySvs/Safety Finance Comm. Planning/Economic Dev.
LTAC Arts Comm. Parks Comm. Planning Comm.
DATE: 03/24/2025 COMMITTEE CHAIR: JOVITA MCCONNELL
RECOMMENDATIONS:
SPONSOR/ADMIN. Public Works Department
COMMITTEE 8QDQLPRXVDSSURYDO )RUZDUGWR$SULOWK&RPPLWWHHRIWKH:KROH
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
04/14/25
04/21/25
MTG. DATE ATTACHMENTS
04/14/25 Informational Memorandum dated 03/21/25 with attachments (rHYLVHGafter committee)
Draft Resolution
Local Road Safety Plan (Resolution Exhibit A) (revised after committee )
Final Resolution
C OOUNCIL AGGENDA S YYNOPSIS
----------------------------------Initials --------------------------------- I TT EM N OO.
Meeting Date Prepared by Mayor’s review Council review
04/14/25 JR
04/21/25 JR
5.F.
Forwarded to next Regular Meeting Consent Agenda
04/21/25
Local Road Safety Plan (Resolution Exhibit A)
91
Adopting Local Road Safety Plan (LRSP) Page 1 of 2
Version 04/15/2025
C. Knighton
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING THE 2025 LOCAL
ROAD SAFETY PLAN AND COMMITTING TO VISION ZERO
TRANSPORTATION SAFETY GOALS
WHEREAS, the City of Tukwila included safety goals and policies in the 2024
Transportation Element of the Comprehensive Plan update and identified the need for
city-wide safety improvements; and
WHEREAS, the City has developed a comprehensive Local Road Safety Plan (LRSP)
that uses crash data, community input, and equity considerations to identify and prioritize
locations with a history of crashes that led to fatalities or serious injuries and locations
with risk factors that indicate a higher probability of crashes that may lead to fatalities or
serious injuries; and
WHEREAS, the LRSP identifies actions intended to reduce the likelihood of serious
injury and fatality crashes at the priority locations through a safe systems approach; and
WHEREAS, actions include establishing safety emphasis corridors and a list of
countermeasures intended to potentially reduce the likelihood of serious injury and fatal
crashes; and
WHEREAS, actions include identification of projects that address vulnerable roadway
users (e.g., bicyclists, pedestrians, and motorcyclists), roadways where speed
reductions, lane modifications, and/or street lighting could help potentially reduce serious
injury and fatal crashes; and
WHEREAS, the City of Tukwila is committed to a goal to reduce serious injury and
fatal crashes with a vision to eventually have zero roadway serious injuries; and
WHEREAS, the preparation, adoption, and implementation of the LRSP followed by
periodic updates to the LRSP will help the City work towards its goal and vision.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
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Version 04/15/2025
C. Knighton
Section 1. The 2025 Local Road Safety Plan (LRSP) attached as Exhibit A is hereby
adopted.
Section 2. The Mayor, or their designee, is authorized to prepare periodic updates
and modifications to the LRSP, including adjustments to the goal as needed to maintain
realistic progress toward the vision, subject to Council approval.
Section 3. The City of Tukwila’s goal is to eliminate all serious injury and fatal crashes
by 2044, with a 50% reduction by 2034, and a reevaluation of the progress being made
every 2-3 years.
Section 4. Should any section, subsection, paragraph, sentence, clause or phrase
of the Local Road Safety Plan or its application to any person or situation should be held
to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this resolution or its application to any other person or situation.
Section 5. This resolution shall take effect immediately upon passage by the City
Council.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this _______ day of _________________, 2025.
ATTEST/AUTHENTICATED:
Andy Youn-Barnett, CMC, City Clerk Tosh Sharp, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Office of the City Attorney
Attachment: Exhibit A - Local Roads Safety Plan
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ITEM INFORMATION
STAFF SPONSOR: KARI SAND ORIGINAL AGENDA DATE: 4/14/25
AGENDA ITEM TITLE Transfer and Lease of Fire Stations to the Puget Sound Regional Fire Authority
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 4/14 Mtg Date 4/21 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Admin Svcs DCD Finance Fire P&R Police PW
SPONSOR’S
SUMMARY Pursuant to the voter-approved 2023 Puget Sound Regional Fire Authority ("PSRFA")
Annexation Plan, the City is required to lease Fire Stations 51 and 54 and sell Fire Stations
52 and 53 to PSRFA, subject to certain terms and conditions. Council is being asked to
consider the attached lease agreements for Fire Stations 51 and 54 and deeds conveying
Fire Stations 52 and 53 to the PSRFA, as well as a City leaseback of various rooms at Fire
Station 52.
REVIEWED BY Trans&Infrastructure Svcs Community Svcs/Safety Finance & Governance Planning & Community Dev.
LTAC Arts Comm. Parks Comm. Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN. City Attorney's Office
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
4/14/25
COUNCIL AGENDA SYNOPSIS
----------------------------------Initials --------------------------------- ITEM NO.
Meeting Date Prepared by Mayor’s review Council review
4/14/2025 KS
4/21/2025 KS 5.G.
03/24/25 ARMEN PAPYAN
4/21/25
X
Forwarded to next Regular Meeting Consent Agenda
ATTACHMENTS
MTG. DATE
4/14/2025 Informational Memorandum dated 03/24/2025
Exhibit A - Proposed Lease for Fire Station 51
Exhibit B - Proposed Bargin and Sale Deed for Fire Station 52
Exhibit C - Proposed City Leaseback of various rooms at Fire Station 52
Exhibit D - Proposed Bargain and Sale Deed for Fire Station 53
Exhibit E - Proposed Lease for Fire Station 54
Minutes from the 03/24/2025 Finance & Governance Committee
4/21/2025 No attachments
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ITEM INFORMATION
STAFF SPONSOR: ERIC COMPTON ORIGINAL AGENDA DATE: 04/14/25
AGENDA ITEM TITLE Ordinance Granting a Non-Exclusive Franchise Agreement to Ezee Fiber Texas, LLC
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 4/14 Mtg Date 4/21 Mtg Date Mtg Date 4/21 Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Admin Svcs DCD Finance Fire P&R Police PW
SPONSOR’S
SUMMARY Ezee Fiber is a consumer oriented internet service provider wanting to connect Tukwila
residents to high speed fiber for internet. Council is being asked to approve the new
ordinance for the franchise agreement that will allow Ezee Fiber to expand their network
into Tukwila and provide competition for local internet service providers.
REVIEWED BY Community Svcs/Safety Finance & Governance Planning & Community Dev.
Arts Comm. Planning Comm. Parks Comm.
COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN. Technology and Innovation Services / Joel Bush
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0 Fund Source: NO FUNDING REQUIRED
Comments: Under the terms of the Franchise, Ezee Fiber is required to pay a $5000 administrative fee.
MTG. DATE RECORD OF COUNCIL ACTION
04/14/25
04/21/25
MTG. DATE ATTACHMENTS
04/14/25 Informational Memorandum dated 03/17/25
Draft Ordinance: Ezee Fiber Texas, LLC Telecom Franchise Agreement
Tukwila Franchise Application-Ezee Fiber
04/21/25
C OUNCIL AGENDA S YNOPSIS
----------------------------------Initials --------------------------------- I TEM N O.
Meeting Date Prepared by Mayor’s review Council review
04/14/25 ESC
04/21/25 ESC 5.H.
3/24 Transportation & Infrastructure Services Committee Minutes
JOVITA MCCONNELL
Trans&Infrastructure Svcs
LTAC
DATE: 3/24/25
x
Forwarded to next Regular Meeting Consent Agenda
Final ordinance
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Ezee Fiber Franchise Agreement Page 1 of 3
Version: 04/15/2025
Staff: E. Compton
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, GRANTING TO EZEE FIBER TEXAS, LLC,
AND ITS AFFILIATES, SUCCESSORS AND ASSIGNS, THE
RIGHT, PRIVILEGE, AUTHORITY AND NONEXCLUSIVE
FRANCHISE FOR FIVE YEARS, TO CONSTRUCT,
MAINTAIN, OPERATE, REPLACE AND REPAIR A
TELECOMMUNICATIONS NETWORK, IN, ACROSS,
OVER, ALONG, UNDER, THROUGH AND BELOW
CERTAIN DESIGNATED PUBLIC RIGHTS-OF-WAY OF
THE CITY OF TUKWILA, WASHINGTON; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, Ezee Fiber Texas, LLC (“Franchisee”) doing business in the State of
Washington as Ezee Fiber, has applied for a non-exclusive telecommunications franchise
to construct, operate, and maintain telecommunications facilities upon, in, under, across,
along, and over certain City roads and Right-of-Ways; and
WHEREAS, the Parties desire to execute a new nonexclusive franchise (this
“Franchise”) for purposes of operating and maintaining a telecommunications network;
and
WHEREAS, the City Council has the authority to grant franchises for the use of its
streets and other public properties pursuant to RCW 35A.47.040; and
WHEREAS, the City is willing to grant the rights requested by Franchisee for a
telecommunications franchise subject to certain terms and conditions, which are
acceptable to both parties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Franchise Granted. The City of Tukwila, hereby grants a
telecommunications franchise, attached and incorporated as Attachment A, to Ezee
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Version: 04/15/2025
Staff: E. Compton
Fiber. The term of this 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
Ezee Fiber Texas, LLC. Such acceptance shall contain any required letter of credit,
evidence of insurance, all applicable fees pursuant to Section 14. of the 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 Authorized. Upon approval of the City
attorney, the City Clerk 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 by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions
of this Ordinance or is application to any other person or situation.
Section 6. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law. This Ordinance, being an exercise of
a power specifically delegated to the City legislative body, is not subject to referendum,
and shall take effect five (5) days after passage and publication of an approved summary
thereof consisting of the title.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this ____ day of _______, 2025.
ATTEST/AUTHENTICATED:
Andy Youn-Barnett, CMC, City Clerk Thomas McLeod, Mayor
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Version: 04/15/2025
Staff: E. Compton
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
Attachment A: Telecommunication Franchise with Ezee Fiber
Attachment B: Statement of Acceptance with Ezee Fiber
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Ezee Fiber Franchise Agreement
Version: 03/17/2025
Staff: E. Compton
ATTACHMENT A
[See attached.]
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Ezee Fiber Franchise Agreement Page 1 of 40
TELECOMMUNICATIONS FRANCHISE
Between
CITY OF TUKWILA, WASHINGTON
and
EZEE FIBER TEXAS, LLC
This Telecommunications Franchise is entered into by and between the City of Tukwila,
Washington a municipal corporation, hereinafter (“the City”) and Ezee Fiber Texas, LLC
who is hereinafter known as (“Ezee Fiber” 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, the City hereby grants to Ezee Fiber
a non-exclusive franchise (the “Franchise”) under the terms and conditions contained in
this franchise ordinance (the “Franchise Ordinance”).
Section 1.2. This Franchise grants Franchisee the right, privilege, and authority
to construct, operate, maintain, replace, acquire, sell, lease and use all necessary
Facilities for a telecommunications network, in, under, on, across, over, through, along or
below the public Rights-of-Ways located in the City of Tukwila, as approved pursuant to
City permits issued pursuant to this Franchise and in accordance with all applicable
federal, state, and local codes.
(a) “Facilities” as used in this Franchise means one or more elements of
Franchisee’s telecommunications 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
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.
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(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 lands; lands owned or managed
by the State Parks and Recreation Commission; federally granted railroad rights-
of-way acquired under 43 USC § 912 and related provisions of federal law that are
not open for vehicular use; or leasehold or City-owned property to which the City
holds fee title or other title and which is utilized for park, utility or a governmental
or proprietary use (for example, buildings, other City-owned physical facilities,
parks, poles, conduits, fixtures, real property or property rights owned or leased by
the City not reserved for transportation purposes).
Section 2. Authority Limited to Occupation of the Public Rights-of-Way
Section 2.1. The authority granted pursuant to this Franchise is a limited
authorization to occupy and use the Rights-of-Way throughout the City (the “Franchise
Area”). No right to install any 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
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.
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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 pursuant to Title 16 TMC, and all other
applicable laws, rules and regulations.
Section 2.3. Franchisee shall have the right, without prior City approval, to offer
or provide capacity or bandwidth to its customers consistent with this Franchise, provided:
(a) Franchisee at all times retains exclusive ownership over its
telecommunications system, Facilities and Services and remains responsible for
constructing, installing, and maintaining its Facilities pursuant to the terms and
conditions of this Franchise;
(b) Franchisee may not grant rights to any customer or lessee that are greater
than any rights Franchisee has pursuant to this Franchise, provided that leases or
other commercial arrangements for the use of the Facilities installed pursuant to
this Franchise may extend 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
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
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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 covered or affected by the
Franchise as the City may, in its sole and absolute discretion, deem fit, including the
dedication, establishment, maintenance and/or improvement of new Public Rights-of-
Way, thoroughfares and other public properties of every type and description.
Section 4. Term; Early Termination.
Section 4.1. The initial term of the Franchise shall be for a period of five (5) years
(the “Initial Term”), beginning on the Effective Date of the Franchise, and continuing until
the date that is one day prior to the fifth anniversary of the Effective Date (the “Initial Term
Expiration Date”), unless earlier terminated, revoked or modified pursuant to the
provisions of this Franchise.
The Franchise granted by this Franchise Ordinance shall automatically renew on the fifth
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-of-Way within the Franchise Area are
part of the state highway system (“State Highways”), are considered managed access by
the City and are governed by the provisions of Chapter 47.24 RCW and applicable
Washington State Department of Transportation (WSDOT) regulations, Franchisee shall
comply fully with said requirements in addition to local ordinances and other applicable
regulations. Franchisee specifically agrees that:
(a) any pavement trenching and restoration performed by Franchisee within
State Highways shall meet or exceed applicable WSDOT requirements;
(b) any portion of a State Highway damaged or injured by Franchisee shall be
restored, repaired and/or replaced by Franchisee to a condition that meets or
exceeds applicable WSDOT 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,
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(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 issue was originally placed in
such location under the authority of an easement or other property interest prior to the
property becoming a Public Right-of-Way. For the avoidance of doubt, such projects shall
include any Right-of-Way improvement project, even if the project entails, in part, related
work funded and/or performed by or for a third party, provided that such work is performed
for the public benefit, and not primarily for the benefit of a private entity, and shall not
include, without limitation, any other improvements or repairs undertaken by or for the
sole benefit of third party private entities. Collectively all such projects described in this
Section 6.1 shall be considered a “Public Project”. Except as otherwise provided by law,
the costs and expenses associated with relocations or disconnections ordered pursuant
to this Section 6.1 shall be borne by Franchisee. Nothing contained within this Franchise
shall limit Franchisee’s ability to seek 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
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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 for zoning, land use, construction
or development) which reasonably necessitates the relocation of any Franchisee
Facilities shall constitute a required relocation for purposes of this Section 6.
Section 6.4. If the City determines that the Public Project necessitates the
relocation of Franchisee’s Facilities, the City shall provide Franchisee in writing with a
date by which the relocation shall be completed (the “Relocation Date”) consistent with
RCW 35.99.060(2). In calculating the Relocation Date, the City shall consult with
Franchisee and consider the extent of facilities to be relocated, the services requirements,
and the construction sequence for the relocation, within the City’s overall project
construction sequence and constraints, to safely complete the relocation, and the City
shall endeavor to provide Franchisee at least sixty (60) days’ notice prior to the Relocation
Date. Franchisee shall complete the relocation by the Relocation Date, unless the City
or a reviewing court establishes 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
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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, defend, hold harmless, and pay the costs
of defending the City, in accordance with the provisions of Section 19. against any and
all claims, suits, actions, damages, or liabilities for delays on City construction projects
caused by or arising out of the failure of Franchisee to remove or relocate its Facilities in
a timely manner; provided, that Franchisee shall not be responsible for damages due to
delays caused by circumstances beyond the control of Franchisee or the negligence,
willful misconduct, or unreasonable delay of the City or any unrelated third party.
Section 6.7. In the event of an emergency posing a threat to public safety or
welfare, or in the event of an emergency beyond the control of the City which will result
in severe financial consequences to the City, which necessitates the relocation of
Franchisee’s Facilities, Franchisee shall relocate its Facilities within the time period
specified by the City.
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
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(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 shall be installed underground.
Franchisee acknowledges and agrees that if the City does not require the undergrounding
of its Facilities at the time of permit application, the City may, at any time in the future,
require the conversion of Franchisee’s aerial facilities to underground installation at
Franchisee’s expense; provided that the City requires all other wireline utilities, except
electrical utilities, with aerial facilities in the area to convert such facilities to underground
installation at the same time. Unless otherwise permitted by the City, Franchisee shall
underground its Facilities in all new developments and subdivisions, and any
development or subdivision where all utilities, other than electrical utilities, are currently
underground.
Section 7.2. Whenever the City may require the undergrounding of the aerial
utilities (other than electrical utilities and personal wireless services facilities) in any area
of the City, Franchisee shall underground 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
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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 7.1 or Section 7.2.
Section 7.4. Franchisee shall not remove any underground cable or conduit that
requires trenching or other opening of the Rights-of-Way along the extension of cable to
be removed, except as provided in this Section 7.4. Franchisee may remove any
underground cable and other related facilities from the Right-of-Way that has been
installed in such a manner that it can be removed without trenching or other opening of
the Right-of-Way along the extension of cable to be removed, or if otherwise permitted by
the City. Franchisee may remove any underground cable from the Rights-of-Way where
reasonably necessary to replace, upgrade, or enhance its Facilities, or pursuant to
Section 6. When the City determines, in the City’s sole discretion, that Franchisee’s
underground Facilities must be removed in order to eliminate or prevent a hazardous
condition, Franchisee shall remove the cable or conduit at Franchisee’s sole cost and
expense. Franchisee must apply 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.
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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, health or safety of any person,
or if Franchisee’s construction area is otherwise in such a condition as to immediately
endanger the property, life, health or safety of any individual, Franchisee shall
immediately take the proper emergency measures to repair its Facilities, to cure or
remedy the dangerous conditions for the protection of property, life, health or safety of
individuals without first applying for and obtaining a permit as required by this Franchise.
However, this shall not relieve Franchisee from the requirement of obtaining any permits
necessary for this purpose, and Franchisee shall apply for all such permits not later than
the next succeeding day during which the Tukwila City Hall is open for business. The City
retains the right and privilege to cut or move any Facilities located within the Rights-of-
Way of the City, in response to any public health or safety emergency.
Section 8.2. The City shall not be liable for any damage to or loss of Facilities
within the Rights-of-Way as a 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.
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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 contact Franchisee to request
Franchisee effect the immediate repair, the City may enter upon the property and take
such reasonable actions as are necessary to protect the public, the adjacent streets, or
street utilities, or to maintain the lateral support thereof, or reasonable actions regarded
as necessary safety precautions, and Franchisee shall be liable to the City for the costs
thereof.
Section 9. Work in the Rights-of-Way.
Section 9.1. During any period of relocation, construction or maintenance, all
work performed by Franchisee or its contractors shall be accomplished in a safe and
workmanlike manner, so to minimize interference with the free passage of traffic and the
free use of adjoining property, whether public or private. Franchisee shall at all times post
and maintain proper barricades, flags, flaggers, lights, flares and other measures as
required for the safety of all members 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
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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 delay the work of the Franchisee
causing the excavation to be made;
(b) Such joint use shall be arranged and accomplished on terms and conditions
satisfactory to both parties; and
(c) Franchisee may deny such request for safety reasons.
Section 9.4. Except for emergency situations, Franchisee shall give at least
seven (7) days’ prior notice of intended construction to residents in the affected area prior
to any underground construction or disturbance. Such notice shall contain the dates,
contact number, nature and location of the work to be performed. At least twenty-four
(24) hours prior to entering private property or streets or public easements adjacent to or
on such private property, Franchisee 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,
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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 appearance, integrity, and health of
the trees to the extent reasonably possible. Franchisee shall be responsible for all debris
removal from such activities. All trimming shall be at the expense of Franchisee.
Franchisee may contract for such services, however, any firm or individual so retained
must first receive City approval prior to commencing such trimming. Nothing herein
grants Franchisee any authority to act on behalf of the City, to enter upon any private
property, or to trim any tree or natural growth not owned by the City except to the extent
it is necessary that Franchisee trims trees or vegetation upon, overhanging, or
encroaching on public ways, streets, alleys, sidewalks, and other public places of the City
so as to prevent such vegetation from coming in contact with Franchisee’s Facilities.
Franchisee shall be solely responsible and liable for any damage to any third parties’
trees or natural growth caused by Franchisee’s actions. Franchisee shall indemnify,
defend and hold harmless the 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,
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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 Utility Notification Center in
Washington and comply with all applicable State statutes regarding the One Call Locator
Service pursuant to Chapter 19.122 RCW. Further, upon request from a third party or the
City, Franchisee shall locate its Facilities consistent with the requirements of Chapter
19.122 RCW. The City shall not be liable for any damages to Franchisee’s Facilities or
for interruptions in service to Franchisee’s customers that are a direct result of
Franchisee’s failure to locate its Facilities within the prescribed time limits and guidelines
established by the One Call Locator Service regardless of whether the City issued a
permit.
Section 9.9. The provisions of this Section 9. shall survive the expiration,
revocation, abandonment, or termination of this Franchise.
Section 10. Restoration.
Section 10.1. Franchisee 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
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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 at Franchisee’s sole cost and
expense. Franchisee shall promptly undertake and complete the required permanent
restoration when conditions no longer make such permanent restoration impracticable.
Section 10.4. In the event Franchisee does not repair a Right-of-Way or an
improvement in or to a Right-of-Way within the time reasonably directed to by the Public
Works Director, or his/her designee, the City may repair the damage and shall be
reimbursed its actual cost within sixty (60) days of submitting an invoice to Franchisee in
accordance with the provisions of Section 14.3 and Section 14.4. In addition, and
pursuant to Section 14.3 and Section 14.4, the City may bill Franchisee for expenses
associated with the inspection of such restoration work. The failure by Franchisee to
complete such repairs shall be considered a breach of this Franchise and is subject to
remedies by the City including the imposition of damages consistent with Section 24. .
Section 10.5. The provisions 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,
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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 Franchisee written notice of such
condition and afford Franchisee a reasonable opportunity to repair the same. If
Franchisee fails to start to make the necessary repairs and alterations within the time
frame specified in such notice (and pursue such cure to completion), then the City may
make such repairs or contract for them to be made. All costs, including administrative
costs, incurred by the City in repairing any unsafe conditions shall be borne by Franchisee
and reimbursed to the City pursuant to Section 14.3 and Section 14.4.
Section 11.3. Additional safety standards include:
(a) Franchisee shall endeavor to maintain all equipment lines and facilities in
an orderly manner, including, but not limited to, the removal of all bundles of
unused cable on any aerial facilities.
(b) All installations of 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.
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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 Subcontractors.
Section 12.1. Franchisee’s contractors and subcontractors shall be licensed and
bonded in accordance with State law and the City’s ordinances, regulations, and
requirements. Work by contractors and subcontractors are subject to the same
restrictions, limitations, and conditions as if the work were performed by Franchisee.
Franchisee shall be responsible for all work performed by its contractors and
subcontractors and others performing work on its behalf as if the work were performed by
Franchisee and shall ensure that all such work is performed in compliance with this
Franchise and applicable law.
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:
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(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 violation of this Franchise by
Franchisee; provided, however, that nothing in this Section 13.3 shall be construed to
require Franchisee to violate state or federal law regarding customer privacy, nor shall
this Section 13.3 be construed to require Franchisee to disclose proprietary or confidential
information without adequate safeguards for its confidential or proprietary nature. Unless
otherwise permitted or required by State or federal law, nothing in this Section 13.3 shall
be construed as permission to withhold relevant customer data from the City that the City
requests in conjunction with a tax audit or review; provided, however, Franchisee may
redact identifying information such as names, street addresses (excluding City and zip
code), Social Security Numbers, or Employer Identification Numbers related to any
confidentiality agreements Franchisee has with third parties.
Section 13.4. Franchisee shall not be required to disclose information that it
reasonably deems to be proprietary 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
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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 (30) days prior written notice, the City
shall have the right to conduct an independent audit of Franchisee's records reasonably
related to the administration or enforcement of this Franchise and the collection of utility
taxes, in accordance with GAAP. If the audit shows that tax payments have been
underpaid by three percent (3%) or more, Franchisee shall pay the total cost of the audit.
Section 14. Costs and Fees.
Section 14.1. Franchisee shall pay a one-time fee for the actual administrative
expenses incurred by the City that are directly related to the receiving and approving this
Franchise pursuant to RCW 35.21.860, including the costs associated with the City’s legal
costs incurred in drafting and processing this Franchise, not to exceed $5,000. No
construction permits shall be issued 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. Where the
City incurs costs and expenses for 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
or any ordinances relating to the subject for which a permit fee is not established,
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Franchisee shall pay such costs and expenses directly to the City in accordance with the
provisions of Section 14.3.
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 all actual, identified expenses
incurred by the City in planning, constructing, installing, repairing, altering, or maintaining
any City facility as the result of the presence of Franchisee’s Facilities in the Right-of-
Way. Such costs and expenses shall include but not be limited to Franchisee’s
proportionate cost of City personnel assigned to oversee or engage in any work in the
Right-of-Way as the result of the presence of Franchisee’s Facilities in the Right-of-Way.
Such costs and expenses shall also include Franchisee’s proportionate share of any time
spent reviewing construction plans in order to either accomplish the relocation of
Franchisee’s Facilities or the routing or rerouting of any utilities so as not to interfere with
Franchisee’s Facilities.
Section 14.4. The time of City employees shall be charged at their respective rate
of salary, including overtime if applicable, plus benefits and reasonable overhead. Any
other costs will be billed proportionately on an actual cost basis. All billings will be
itemized so as to specifically 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
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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 business and that Franchisee shall pay
to the City the rate applicable to such taxable services under TMC Chapter 3.50, and
consistent with state and federal law. The parties agree however, that nothing in this
Franchise shall limit the City's power of taxation as may exist now or as later imposed by
the City. This provision does not limit the City's power to amend TMC Chapter 3.50 as
may be permitted by law. Nothing in this Franchise is intended to alter, amend, modify
or expand the taxes and fees that may be lawfully assessed on Franchisee’s Services.
Section 16. Police Powers and City Ordinances.
Section 16.1. Nothing in this Franchise Ordinance shall be deemed to restrict the
City’s ability to adopt and enforce all necessary and appropriate ordinances regulating
the performance of the conditions of the Franchise granted by this Franchise Ordinance,
including, but not limited to, any 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. In the event of a conflict between the regulatory
provisions of this Franchise Ordinance and any other ordinance(s) enacted under the
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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 or consent by the City; for any
action or inaction thereof authorized or done in connection with the implementation or
enforcement of the Franchise by the City; or for the accuracy of plans submitted to the
City.
Section 18. Compliance with All Applicable Laws.
Section 18.1. Each party agrees to comply with all present and future federal, state
and local laws, ordinances, rules and regulations. Neither the City nor Franchisee waive
any rights they may have under any such laws, rules or regulations. This Franchise is
subject to ordinances of general applicability enacted pursuant to the City’s police powers.
Franchisee further agrees to remove all liens and encumbrances arising as a result of
said use or work. Franchisee shall, at its own expense, maintain its Facilities in a safe
condition, in good repair and in a manner reasonably suitable to the City. Additionally,
Franchisee shall keep its Facilities 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.
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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 and all claims, costs, judgments,
awards, or liability to any person, for injury or death of any person, or damage to property
caused by or arising out of any acts or omissions of Franchisee, its agents, servants,
officers, or employees in the performance of this Franchise and any rights granted within
this Franchise.
Section 19.2. Inspection or acceptance by the City of any work performed by
Franchisee at the time of completion of construction shall not be grounds for avoidance
by Franchisee of any of its obligations under this Section 19. . These indemnification
obligations shall extend to claims that are not reduced to a suit and any claims that may
be compromised, with Franchisee’s prior written consent, prior to the culmination of any
litigation or the institution of any litigation.
Section 19.3. The City shall promptly notify Franchisee of any claim or suit and
request in writing that Franchisee 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
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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 City’s fees and expenses shall
include all out-of-pocket expenses, such as consultants and expert witness fees, and shall
also include the reasonable value of any services rendered by the counsel retained by
the City but shall not include outside attorneys’ fees for services that are unnecessarily
duplicative of services provided the City by Franchisee. Each party agrees to cooperate
and to cause its employees and agents to cooperate with the other party in the defense
of any such claim and the relevant records of each party shall be available to the other
party with respect to any such defense.
Section 19.4. The parties acknowledge that this Franchise may be subject to
RCW 4.24.115. Accordingly, in the event of liability for damages arising out of bodily
injury to persons or damages to property caused by or resulting from the concurrent
negligence of Franchisee and the City, its officers, officials, employees, and volunteers,
Franchisee’s liability shall be 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,
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employees, 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 of service due to damage or
destruction of Franchisee’s Facilities caused by or arising out of activities conducted by
the City, its officers, agents, employees or contractors except to the extent any such
damage or destruction is caused by or arises from the sole negligence or intentional
misconduct, or criminal actions on the part of the City, its officers, agents, employees,
volunteers, or elected or appointed officials, or contractors.
Section 19.6. The provisions of this Section 19. shall survive the expiration,
revocation, termination, or abandonment of this Franchise.
Section 20. Insurance.
Section 20.1. Franchisee shall procure and maintain for the duration of the
Franchise and as long as Franchisee has Facilities in the rights-of-way, insurance against
claims for injuries to persons or damage 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:
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(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 covering all owned, non-
owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance
Services Office (ISO) form CA 00 01.
(iii) Contractors Pollution Liability insurance shall be in effect
throughout the entire Franchise covering losses caused by pollution conditions that
arise from the operations of Franchisee. Contractors Pollution Liability shall cover bodily
injury, property damage, cleanup costs and defense, including costs and expenses
incurred in the investigation, defense, or settlement of claims.
(iv) Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
(v) Excess or Umbrella Liability insurance shall be excess over
and at least as broad in coverage 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.
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(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. Franchisee’s Commercial General
Liability, Automobile Liability, Excess or Umbrella Liability, Contractors Pollution Liability
insurance policy or policies are to contain, or be endorsed to contain, that they shall be
primary insurance as respect the City. Any insurance, self-insurance, or self-insured pool
coverage maintained by the City shall be excess of Franchisee’s insurance and shall not
contribute with it.
(e) Acceptability of Insurers. Insurance is to be placed with insurers with
a current A.M. Best rating of not less than A: VII.
(f) Verification of Coverage. Franchisee shall furnish the City with
original certificates and a copy of the amendatory endorsements, including but not
necessarily limited to the additional insured endorsement, evidencing the insurance
requirements of the Franchise. Upon request by the City, Franchisee shall furnish certified
copies of all required insurance 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.
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(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 Franchisee Limits. If Franchisee
maintains higher insurance limits than the minimums shown above, the City shall be
insured for the full available limits of Commercial General and Excess or Umbrella liability
maintained by Franchisee, irrespective of whether such limits maintained by Franchisee
are greater than those required by this Franchise or whether any certificate of insurance
furnished to the City evidences limits of liability lower than those maintained by
Franchisee.
(k) Franchisee – Self-Insurance. If Franchisee is self-insured or
becomes self-insured during the term of the Franchise, Franchisee or its affiliated parent
entity shall comply with the following: (i) provide the City, upon request, a copy of
Franchisee’s or its parent company’s most recent audited financial statements, if such
financial statements are not otherwise 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.
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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. Following excavation, installation, construction,
restoration or relocation of the Facilities and if required by the City, Franchisee shall
furnish a two (2) year maintenance bond (“Maintenance Bond”), or other surety
acceptable to the City, at the time of final acceptance of construction work on Facilities
within the Rights-of-Way. The Maintenance Bond amount will be equal to ten percent
(10%) of the documented final cost of the construction work. The Maintenance Bond in
this Section 21.2 must be in place prior to City’s release of the bond required by Section
21.1.
Section 21.3. Franchise Bond. Franchisee shall provide City with a bond in the
amount of Twenty-Five Thousand Dollars ($25,000.00) (“Franchise Bond”) running or
renewable for the term of this 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 20.1 shall
constitute a material breach of this Franchise. The amount of the bond shall not be
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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 Director or his/her designee, and all
necessary permits must be obtained prior to such work. Franchisee shall restore the
Right-of-Way to at least the same condition the Rights-of-Way were in immediately prior
to any such removal provided Franchisee shall not be responsible for any changes to the
Right-of-Way not caused by Franchisee or any person doing work for Franchisee.
Franchisee shall be solely responsible for all costs associated with removing its Facilities.
Section 22.2. Notwithstanding Section 22.1 above, the City may permit
Franchisee’s improvements to be abandoned in place in such a manner as the City may
prescribe. Upon permanent abandonment, and Franchisee’s agreement to transfer
ownership of the Facilities to the City, Franchisee shall submit to the City a proposal and
instruments for transferring ownership to the City.
Section 22.3. Any Facilities which are not removed within one hundred twenty
(120) days of either the date of 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
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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 City under the provisions of this
Franchise, then Franchisee shall, at the election of the Tukwila City Council, forfeit all
rights conferred hereunder and this Franchise may be revoked or annulled by the Council
after a hearing held upon notice to Franchisee.
Section 23.2. Such hearing shall be open to the public and Franchisee and other
interested parties may offer written and/or oral evidence explaining or mitigating such
alleged noncompliance. This hearing does not give the right to either the City or
Franchisee to conduct discovery, subpoena witnesses, or take depositions. Within thirty
(30) days after the hearing, the Tukwila City Council, on the basis of the record, will make
the determination as to whether there is cause for revocation, whether the Franchise will
be terminated, or whether lesser sanctions should otherwise be imposed. The Tukwila
City Council may in its sole discretion fix an additional time period to cure violations. If
the deficiency has not been cured 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
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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 remedies provided herein shall be in
addition to and cumulative with any and all other rights and remedies available to either
the City or Franchisee. Such rights and remedies shall not be exclusive, and the exercise
of one or more rights or remedies shall not be deemed a waiver of the right to exercise at
the same time or thereafter any other right or remedy. Provided, further, that by entering
into this Franchise, it is not the intention of the City or Franchisee to waive any other
rights, remedies, or obligations as otherwise provided by law equity, or otherwise, and
nothing contained here shall be deemed or construed to effect any such waiver. The
parties agree that in the event a party obtains injunctive relief, neither party shall be
required to post a bond or other security and the parties agree not to seek the imposition
of such a requirement.
Section 24.2. If either party (the “Defaulting Party”) shall violate, or fail to comply
with any of the provisions of this 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
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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 strict performance of any of
the covenants and agreements of this Franchise or to exercise any option herein
conferred in any one or more instances, shall not be construed to be a waiver or
relinquishment of any such covenants, agreements or option or any other covenants,
agreements or option.
Section 26. Acceptance.
Section 26.1. Within sixty days of the approval of this Franchise Ordinance, the
Franchisee shall execute and return to the City its execution and acceptance of this
Franchise in the form attached hereto as Attachment B. In addition, Franchisee shall
submit proof of insurance obtained and additional insured endorsement pursuant to
Section 20. , any applicable construction Performance Bond pursuant to Section 21.1,
the Franchise Bond required pursuant 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
32.1, 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
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binding upon the heirs, 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 transfer or assignment as security
by mortgage or other security instrument in whole or in part to secure indebtedness, such
notice shall not be required unless and until the secured party elects to realize upon the
collateral. For purposes of this Section 28.1, no assignment or transfer of this Franchise
shall be deemed to occur based on the public trading of Franchisee’s stock; provided,
however, any tender offer, merger, or similar transaction resulting in a change of control
shall be subject to the provisions of this Franchise.
Section 28.2. Any transactions which singularly or collectively result in a change of
50% or more of the (i) ownership or working control (for example, management of
Franchisee or its Telecommunications facilities) of the Franchisee; or (ii) ownership or
working control of the Franchisee's Telecommunications facilities within the City; or (iii)
control of the capacity or bandwidth of the Franchisee's Telecommunication facilities within
the City, shall be considered an assignment 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.
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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 Franchise shall not preclude the City from
acquiring by condemnation in accordance with applicable law, all or a portion of the
Franchisee’s Facilities for the fair market value thereof. In determining the value of such
Facilities, no value shall be attributed to the right to occupy the area conferred by this
Franchise.
Section 32. Vacation.
Section 32.1. If at any time the City, by ordinance, vacates all or any portion of the
area affected by this Franchise, the City shall not be liable for any damages or loss to the
Franchisee by reason of such vacation. If Franchisee has Facilities in the vacated portion
of the Right-of-Way, the City shall use reasonable efforts to reserve an appurtenant
easement for Franchisee within 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.
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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 control, whether or not intentional.
Section 33.2. The obligations of the Franchisee under this Section 32.1 shall
survive the expiration, revocation, abandonment, earlier termination of the Franchise
granted by this Franchise Ordinance.
Section 34. Notice
Section 34.1. Any Notice or information required or permitted to be given to the
parties under this Franchise agreement may be sent to the following addresses unless
otherwise specified:
CITY OF TUKWILA FRANCHISEE
City Clerk’s Office
6200 Southcenter Blvd
Tukwila, WA 98188
Phone:
Email:
Section 34.2. The Franchisee’s current emergency contact shall be Garner
Duncan and is reachable via the following number 972-898-5487 or 713-255-7500, 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.
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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 connection with any controversy
arising out of this Franchise, the prevailing party shall be entitled to recover all of its costs
and expenses, including such sum as the court may judge as reasonable for attorneys’
fees, costs, expenses and attorneys’ fees upon appeal of any judgment or ruling.
Section 35.4. This Franchise shall be construed in accordance with the laws of the
State of Washington. Venue for any dispute related to this Franchise shall be the United
States District Court for the Western District of Washington, or Snohomish County
Superior Court.
Section 35.5. Section captions and headings are intended solely to facilitate the
reading thereof. Such captions and headings shall not affect the meaning or
interpretation of the text herein.
Section 35.6. Where the 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.
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Ezee Fiber Franchise Agreement Page 39 of 40
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 to all current and future applicable
federal, State and local laws, regulations and orders of governmental agencies as
amended, including but not limited to the Communications Act of 1934, as amended, the
Telecommunications Act of 1996, as amended and the Rules and Regulations of the
FCC. Neither the City nor Franchisee waive any rights they may have under any such
laws, rules, or regulations.
Section 35.11. There are no third party beneficiaries to this Franchise.
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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 ________________ )
)ss.
COUNTY OF ______________ )
On this ____ day of _______________, 2025, before me the undersigned, a Notary
Public in and for the State of _________________, duly commissioned and sworn,
personally appeared, __________________ of _____________________, the company
that executed the within and foregoing instrument, and acknowledged the said instrument
to be the free and voluntary act and deed of said company, for the uses and purposes
therein mentioned, and on oath stated that he/she is authorized to execute said
instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the
date hereinabove set forth.
_____________________________
Signature
___________________________________________
NOTARY PUBLIC in and for the State of _______________
Residing at ________________________
MY COMMISSION EXPIRES: ________________________
141141
142
The city of opportunity, the community of choice
TO: Mayor McLeod
Councilmembers
FROM: Marty Wine, City Administrator
DATE: April 15, 2025
SUBJECT: City Administrator’s Report
The City Administrator Report is meant to provide the Council, staff, and the community with an
update on the activities of the City and on issues that concern Tukwila. Please let me know if you
have any questions or need additional information about any of the following items.
I. Intergovernmental Update
• Tukwila School District Provider Meeting: On April 1 Human Services staff attended a
monthly Tukwila School District provider meeting on 4/1.
• Air & Space Manufacturing Roundtable: On April 3 Economic development staff attended a
meeting of the Air & Space Manufacturing Roundtable at Six Sigma Manufacturing.
• Washington DC Meetings: Mayor McLeod and Director Miles went to Washington DC April 8 –
11 and met with Senator Patty Murray, Congressman Adam Smith, staff from Senator Maria
Cantwell’s office, and staff from the Department of Justice and Department of Transportation
to discuss federal funding for Tukwila projects.
• Chromebooks for Tukwila School District: TIS delivered 150 Chromebooks to the Tukwila
School District as the third phase of the Student Private LTE Internet Access project.
II. Community Events
• Spring Scramble Egg Hunt: Councilmember Martinez attended the Spring Scramble Egg
Hunt on April 5 hosted by Parks & Recreation, in partnership with Westfield Southcenter Mall.
Approximately 200 children participated in the event.
• Coffee With A Cop Event: The Police Department is collaborating with Westfield Southcenter
to host a Coffee With A Cop event on April 18 from 2pm-4pm.
III. Staff Updates
Public Safety
• Public Safety Presentation to Equity & Social Justice Commission: Chief Drever provided a
presentation on public safety to the Equity Social Justice Commission on April 3.
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City Administrator’s Report
April 15, 2025
Page 2
• Regional Meeting Regarding Organized Retail Theft: On April 8 Deputy Chief Lund attended
a regional meeting regarding Organized Retail Theft for a prosecution update.
Project Updates
• GFOA Budget Award: The City has received the prestigious Distinguished Budget
Presentation Award from the Government Finance Officers Association (GFOA) for the 2025-
2026 Biennial Budget book. This accomplishment highlights the exceptional teamwork
demonstrated across all City departments, particularly during a period of significant staffing
challenges in key financial roles. The collective efforts ensured the timely delivery of a
balanced budget in compliance with external deadlines.
• Washington Public Treasurers Association (WPTA): Fiscal Manager Megan Marks
represented the Finance Department at the annual WPTA conference where she accepted the
Finance Department’s Certificate of Excellence award in recognition of the City’s certified
Investment Policy.
Boards, Commissions and Committees
We welcome the City Council to encourage community members to apply for vacant Board &
Commission positions.
• Arts Commission: The next meeting is scheduled for April 16, 2025.
2 resident position terms expire March 31, 2026.
No vacancies.
• Civil Service Commission: The next meeting is scheduled for April 17, 2025.
1 resident position term expires March 31, 2026.
No vacancies.
• UCOPCABU: The next meeting is scheduled for May 8, 2025.
3 resident position terms expire March 31, 2026.
VACANT: 1 Business Position and Student Representative.
• Equity & Social Justice Commission: The next meeting is scheduled for May 1, 2025.
1 City Employee position term expires March 31, 2026.
2 Education position terms expire March 31, 2026.
1 Community position term expires March 31, 2026.
No vacancies.
• Human Services Advisory Board: The next meeting is scheduled for April 17, 2025.
1 Resident position term expires March 31, 2026.
1 School District position term expires March 31, 2026.
1 Medical/Health position term expires March 31, 2026.
No vacancies.
• Library Advisory Board: The next meeting is scheduled for May 6, 2025.
3 Resident position terms expire March 31, 2026.
VACANT: Student Representative.
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City Administrator’s Report
April 15, 2025
Page 3
• Lodging Tax Advisory Committee: The next meeting is scheduled for May 9, 2025.
All positions are 1-year terms.
VACANT: 1 Business Collecting Tax Representative
• Park Commission: The next meeting is scheduled for May 14, 2025.
2 Community position terms expire March 31, 2026.
VACANT: Student Representative.
• Planning Commission: The next meeting is scheduled for April 24, 2025.
No vacancies.
145
. Ffic
dTentative Agenda Schedule
MEETING 1 –
REGULAR
MEETING 2 –
C.O.W.
MEETING 3 –
REGULAR
MEETING 4 –
C.O.W.
APRIL 7
See below links for the agenda
packets to view the agenda items:
April 7, 2025
Work Session
April 7, 2025
Regular Meeting
APRIL 14
See below links for the agenda
packets to view the agenda
items:
April 14, 2025
Committee of the Whole Meeting
APRIL 21
See below links for the agenda packets
to view the agenda items:
April 21, 2025
Work Session
April 21, 2025
Regular Meeting
APRIL 28
SPECIAL ISSUES
-An ordinance amending the
Residential Conversions Code.
MEETING 1 –
REGULAR
MEETING 2 –
C.O.W.
MEETING 3 –
REGULAR
MEETING 4 –
C.O.W.
MAY 5
WORK SESSION
Public Works Phase 2 Update.
REGULAR MEETING
PROCLAMATION
-Public Service Recognition Week.
PRESENTATION
-State of the Court Address by Judge
Kimberly Walden.
CONSENT AGENDA
-Grant acceptance of RCO Brian Abbot
Fish Barrier for Gilliam Creek Project.
-A contract for services with Restorical
Research.
-Authorize the Mayor to sign a contract
with Prologis for Stormwater
Infrastructure in the amount of
$72,088.00.
UNFINISHED BUSINESS
-An ordinance amending the
Residential Conversions Code.
MAY 12
PUBLIC HEARING
- An ordinance relating to the Tukwila
South Development Agreement.
SPECIAL ISSUES
- An ordinance relating to the Tukwila
South Development Agreement.
- A contract for 116th Street Trail
Access.
-A contract for Permitting, Tax,
Budget & Transparency Technology
Solutions.
MAY 19
WORK SESSION
REGULAR MEETING
CONSENT AGENDA
-A contract for 116th St Parcel Trail Access.
-A contract for Tukwila Parks, Recreation,
& Open Space (PROS) Plan RFP Award.
UNFINISHED BUSINESS
-A contract for Permitting, Tax, Budget &
Transparency Technology Solutions.
MAY 26
No City Council meeting
due to the holiday.
146