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City of Tukwila
Community Services
a nd S afety Committee
Kate Kruller, Chair
Thomas McLeod
Cynthia Delostrinos Johnson
Distribution:
K. Kruller
T. McLeod
C. Delostrinos Johnson
D. Quinn
Mayor Ekberg
D. Cline
R. Bianchi
C. O’Flaherty
A. Youn
L. Humphrey
AGENDA
MONDAY, SEPTEMBER 14, 2020 – 5:30 PM
FOSTER CONFERENCE ROOM
(6300 Building, Suite 100)
THIS MEETING WILL NOT BE CONDUCTED AT CITY FACILITIES
BASED ON THE GOVERNOR’S PROCLAMATION 20-28.
THE PHONE NUMBER FOR THE PUBLIC TO LISTEN TO THIS
MEETING IS: 1-253-292-9750, Access Code 316385638#
Item Recommended Action Page
1. BUSINESS AGENDA
a. An Interlocal Agreement and Memorandum of
Understanding regarding the PSERN (Puget Sound
Emergency Radio Network).
Jay Wittwer, Fire Chief, and
Bruce Linton, Police Chief
b. 2020 2nd Quarter Fire Department report.
(Continued from August 24 Committee meeting.)
Jay Wittwer, Fire Chief
c. An update on Tukwila Police Use-of-Force Policy
review.
Bruce Linton, Police Chief
2. MISCELLANEOUS
a. Forward to 9/14 C.O.W. and
9/21 Regular Mtg.
b. Discussion only.
c. Discussion only.
Pg.1
Pg.43
Pg.73
Next Scheduled Meeting: September 28, 2020
Page 1 of 2
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Tukwila City Council
FROM: Jay C. Wittwer, Fire Chief
Bruce Linton, Police Chief
BY: Jay C. Wittwer, Fire Chief
CC: Allan Ekberg, Mayor, David Cline, City Administrator
DATE: 08/27/2020
SUBJECT: PSERN Update and Interlocal Cooperation Agreement and
Memorandum of Understanding
ISSUE
The Police and Fire Departments are seeking Council approval of an Interlocal Cooperation
Agreement and associated Memorandum of Understanding for the regional radio communication
system known as the Puget Sound Emergency Radio Network (PSERN). The PSERN Project upgrades
and expands the current King County Emergency Radio Communications System and will
consolidate operations into a single, independent agency. Funding is from a property tax levy lid lift
that was approved by voters in April of 2015.
DISCUSSION
The existing countywide emergency public safety radio network is at the end of its useful life. The
new system includes advanced digital technology and improved capacity, capability and
connectivity. In 2015 the City of Tukwila entered into an implementation period ILA that designated
King County as the lead agency for planning, procurement, financing and implementation of PSERN
with the oversight of a Joint Board. The implementation ILA anticipated that the parties would
create a new intergovernmental agency to own and operate PSERN. The attached ILA creates this
new agency, and a summary is attached to this memo. The associated Memorandum of
Understanding designates the manner in which the five Valley Com member cities will select its
representative on the PSERN Board of Directors.
Region‐wide there are 12 partnering agencies, 7 of which have signed ILAs on file and the other 5
are in the council/board process. The goal is to have all 12 agencies completed with the ILA
process by the end of September 2020. Project planning started in August 2012, projected deploy
and transition to the end user is set to be completed in December 2022. Project closeout is planned
for December 2023. The Police and Fire Departments have worked diligently in partnership with
our regional partners to stay informed and voice our opinions regarding the PSERN over the past
five years.
FINANCIAL IMPACT
The costs of PSERN are offset by the voter approved property tax levy lid lift, however agencies will
pay an annual user fee for access, administration and maintenance. This will be determined
initially in accordance with a Cost Allocation Model shown as Exhibit A to the ILA. The model will be
revised or reaffirmed after the first full year of operations when more concrete data on costs is
available. The model’s formula factors in the number of radios in service. In Tukwila, Police has 233,
Fire has 103, and Emergency Operations has 29.
Current service cost per radio is approximately $3.00 per month or $13,000.00 per year, this will
remain constant through the end of 2022. We anticipate that this cost per radio will increase
during 2023; $25 to 35 per month. In that year the total cost will be between $85,000.00 to
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$100,000.00 per year. Note; not all radios will be placed in service. Each year we adjust how many
radios are needed for all operational needs in the City of Tukwila.
RECOMMENDATION
The Community Services & Safety Committee is asked to approve the Interlocal Agreement, and
associated Memorandum of Understanding and forward to the Committee of the Whole on
9/14/20, with adoption scheduled for 9/21/20.
ATTACHMENTS
About PSERN
PSERN Operator Interlocal Agreement Summary Background on Operator End User Rate & Cost Allocation Model
PSERN Interlocal Cooperation Agreement
Memorandum of Understanding
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he PSERN Project upgrades and expands the current King
County Emergency Radio Communications System (KCERCS).
It’s an 800 MHz digital network. This system will be primarily
used by law enforcement, fire fighters, and other emergency
personnel to communicate with each other during E‐911
activities – from small incident response to large scale emergencies.
Some general government agencies will also use it for daily
operations.
PSERN will consolidate operations of the current countywide emergency communications system into
a single, independent agency providing operations and maintenance of PSERN.
Contact PSERN: PSERN‐Info@kingcounty.gov | 206‐47‐PSERN | https://psern.org
T
The PSERN Project is funded by a property
tax levy lid lift that was approved by
voters in April of 2015.
The Project has a current budget of
approximately $283 million.
PSERN is comprised of radio towers, fiber
optic cables, computers, and a variety of
other equipment to support the ability of
first responders and other government
personnel to communicate through a
dedicated network.
The Project is governed by a board of
system owners and first responder
representatives.
Two active committees advise on the
Project plans, strategies, technical
impacts, and end‐user needs.
Improved coverage, capacity, capability,
and connectivity throughout King County.
Overall, PSERN will provide better on‐
street and in‐building coverage with
additional coverage along I‐90, Highway 2,
and Highway 410.
PSERN will provide updated technology for
countywide emergency radio
communications including a change from
analog to digital.
PSERN will provide new features such as
encryption and remote configuration of
radios in the field.
The project will purchase: up to 19,000
radios and 144 Dispatch consoles at 19
dispatch centers.
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PSERN Operator Interlocal Agreement Summary
Section 1 – Rules of Construction and Definitions: sets the grammatical and stylistic rules for
interpreting the ILA as well as defining terms to be used in the ILA.
Section 2 – Duration of the Agreement: The agreement will be effective perpetually from the date
signed by the last Party until terminated in accordance with Section 12.
Section 3 – Purpose of the Agreement: States the reason for having the agreement ‐ provide emergency
communications and to form a single PSERN Operator ‐ and sites the applicable state laws for formation
of the PSERN Operator.
Section 4 – Board of Directors: sets the conditions for the operations of the Board of Directors. It
touches on:
Section 4.1 – Creation of the Board of Directors
Section 4.2 – Sets the composition as 4 voting directors (representing King County, Seattle,
EPSCA, Valley Communications Center), and two non‐voting members representing police and
fire. This section also specifies the Officers of the Board of Directors.
Section 4.3 – sets the voting, quorum and meeting rules.
o All votes are unanimous except as specified below.
o All four voting members are required for a quorum.
o Other voting procedures such as deferral of a vote are covered, as well as meeting
schedules and a requirement to establish bylaws. Only three votes are required if the
same director fails to attend two consecutive regularly scheduled meetings where
action was scheduled and the director failed to send an alternate. In this event only
three directors will be required to vote and form a quorum.
Section 4.4 – Lists specific actions or powers the Board of Directors may exercise. This includes:
o Ability to amend portions of the ILA
However, Section 15.13 prohibits the Board from amending the following
provisions:
PSERN Operator scope beyond that established in Section 3.0
Composition of the Board of Directors
Addition of new parties to the agreement
Voting rights for Directors which includes who can vote or voting rules
Powers of the Board of Directors
Hold harmless and indemnification requirements
Provisions regarding duration, termination or withdrawal
o Establishing advisory boards
o Approve budgets and expenditures
o Adopt policies and bylaws
o Perform procurements
o Direct and supervise the activities of the advisory boards
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o Direct the activities of the Executive Director
o If the Board directly hires the Executive Director, then hire/fire and set the employment
terms for the Executive Director
o Evaluate Executive Director’s performance in writing annually
o Establish funds for PSERN operations
o Establish service fees (including monthly fees to end user agencies or ad hoc time and
materials fees)
o Conduct regular meetings
o Approve maintenance and operations standards
o Determine services the PSERN Operator will offer (additional services)
o Approve 3rd party agreements
o Incur debt but not incur debt or issue bonds in the name of any Party
o Own or acquire assets or real property
o Dispose of assets or real property
o Sue or be sued
o Hold radio licenses
o Make recommendations to legislative bodies of parties & users
o Delegate authority
o Enter into agreements
o Exercise powers necessary to further the purpose of the agreement
o Add parties to the agreement subject to Section 15.13
o Plan for a successor public safety radio system
o Accept loans or grants
o Statement that the Operator shall have not power to levy taxes
Section 4.5 – when the board cannot agree, this section sets the impasse resolution procedures,
which includes non‐binding mediation and formation of an Elected Executives Committee.
Section 5 – Operating Board: creates an Operations Board to advise the Board of Directors.
Section 6 – Executive Director: sets the employment conditions for the Executive Director and lays out
the Executive Director duties, which include:
Managing the day to day operations of PSERN
Manage other PSERN staff
Propose annual budgets
Approve expenditures consistent with the approved budget
Monitor and track PSERN system performance
Support the Board of Directors
Recommend policies, standards and procedures
Provide written monthly reports to the Board on expenditures, system performance, system
failures, and usage statistics.
Maintain and manage records
Prepare the annual report
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Section 7 – Emergency procedures: provides the Executive Director limited authority to act in the case
of emergencies and sets up reporting requirements.
Section 8 – PSERN Operator Employment: This section lays out employment terms for individuals who
will work for the PSERN Operator. The section allows for the PSERN Operator to directly hire employees
or to contract with another agency for staff. This section also provides for temporary employment, not
to exceed 18 months, for Transitional Employees, defined as employees with King County, the City of
Seattle, EPSCA or Valley Com whose employment will be terminated as a result of PSERN and who will
not be hired by the PSERN Operator.
Section 9 – Service Level Requirements: creates commitments by the PSERN Operator to provide
services to maintain PSERN and sets minimum performance requirements for the system.
Section 10 – (reserved but not used)
Section 11 – Withdrawal or Removal of a Party: sets the terms and conditions for the withdrawal of one
or more parties from the agreement. Parties must give notice at least two years in advance and must
develop a departure plan. Withdrawing parties are still responsible for any cost obligations that were
incurred prior to notice of withdrawal. Also, for cause, the Board of Directors may vote to remove a
party by majority vote.
Section 12 – Dissolution – This section sets the conditions and process for complete dissolution of the
PSERN Operator. Addresses requirements for voting, disposition of assets, and timing for final
termination date.
Sections 13‐15 – Legal terms and conditions ‐‐ insurance, indemnification, non‐discrimination, public
records, notice requirements, dispute resolution, severability, amendments etc.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐
Exhibit A – Cost Allocation Model: sets the model and formula for determining the first‐year rates for
the PSERN Operator for public safety radios and other (general government) radios, as well as for
dispatch consoles. Future rate models will be determined by the Board of Directors.
Exhibit B – In‐Building Coverage: map of three areas designated to receive improved in‐building
coverage.
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Puget Sound Emergency Radio Network
Background on PSERN Operator End User Rate & Cost Allocation Model
Prepared: April 2020
Purpose:
This document outlines the process for determining the rate and cost allocation model behind
proposed monthly charges to agencies for access to and use of the Puget Sound Emergency
Radio Network (PSERN) by radios and consoles. This model was adopted by the 12 owner
agencies of the current King County Emergency Radio Communications System (KCERCS)
through the Implementation Period Interlocal Agreement (IPILA). The IPILA was the instrument
used to create the governance for the PSERN Project.
The topics addressed in this document include constraints, assumptions, and specific
recommendations for the final rate and cost allocation model that would, if approved by the
future PSERN Operator Board of Directors, determine Year 1 operating costs for the PSERN
Operator.
Background:
KCERCS is the existing emergency radio communications system supporting E‐911 response and
other government operations throughout King County. KCERCS is technically a single system
that is owned by four different entities and coordinated through a joint board to ensure the
system is operating effectively countywide. The four owner entities are:
1. Eastside Public Safety Communications Agency (EPSCA),
2. King County,
3. City of Seattle, and
4. Valley Communications Center (ValleyCom).
Recognizing that equipment comprising KCERCS is over 20 years old and is no longer supported
by the system equipment vendor, Motorola Systems, Inc., the owner entities worked on a plan
to replace KCERCS. From this planning process, the PSERN Project (via the IPILA) was created
and the PSERN Operator (the Operator) was envisioned (via a Memorandum of Agreement that
was an attachment to the IPILA). Once the owners determined that a new non‐profit
governmental agency would be created, staff from the owner entities created a draft budget
and a rate and cost allocation model that would fund the future Operator.
The PSERN Project Steering Committee (the Committee) was the predecessor to the PSERN
Project’s oversight body, the Joint Board. The Committee made early decisions about the
PSERN Project and made recommendations to establish the Operator, including development
of the Operator’s budget and preferred rate model.
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The Committee membership was comprised of a representative from each of the four owner
entities listed above and a chair (a former King County Deputy Executive). This Committee
appointed a staff working group to perform the rate model analysis. Ultimately, the Committee
voted to approve the recommendations revealed later in this document.
Analysis Team:
City of Seattle staff led the analytical work on options for the proposed rate and cost allocation
formula to fund the PSERN Operator budget. The full team consisted of staff from the PSERN
Project, the KCERCS system managers, and technical staff from the partner agencies.
Initial Assumptions:
The analysis team laid out initial assumptions that they would follow while working on the rate
and cost allocation model. The assumptions are listed below.
A. The same rate model will apply to all radio/console end users.
B. Rates should align with biennial budget cycles.
C. The PSERN system will be upgraded continuously via a support agreement.
D. The PSERN Operator will owns dispatch consoles as a part of the system.
E. Individual agencies own their radios.
F. Public safety agencies need to use PSERN. (They have no reasonable alternative if local
government personnel want to communicate effectively and transparently countywide.)
G. Non‐public safety agencies can choose not to use PSERN if rates are too high.
H. Have as many eligible agencies as possible using PSERN (because the higher the number
of agencies, the lower the rates and the greater the interoperability with adjacent radio
systems).
Constraints Considered:
The following constraints were considered:
There must be reliable, readily‐available data to support the rate model chosen.
The model must comply with RCW 43.09.210 (the “Accountancy Act”), meaning one
service may not subsidize another, nor can one agency subsidize another either directly
or indirectly.
The PSERN Operator must be able to bill individual end user agencies directly.
Rate Model Options:
The purpose of the rate model analysis was to define how radio and console end users would
be charged for their usage of the PSERN system. The staff team reviewed five different rate
models including concepts such as all users paying the same rate, rates based on usage, rates
based on geographic or population size served, and even a combination of the rate models.
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Initial Recommendations:
After the above information was analyzed, the partner staff team proposed the following
recommendations to the Committee:
1. Use an Unbundled Rate to ensure compliance with the Accountancy Act. An Unbundled
Rate means separate rates for each type of PSERN equipment used by an agency –
public safety radios, non‐public safety (general government) radios, and dispatch
consoles.
2. Keep charges as simple as possible – avoid multiple charges for each type of equipment.
3. Have a separate fixed charge for dispatch consoles.
4. Have fixed charges for two categories of subscriber radios – general government and
public safety.
5. Do not have charges related to geography or population. (The group found these factors
to be imprecise and disputable data as the basis for rates.)
6. Do not charge based on how much each agency uses the system.
7. Use operating costs – not initial capital costs – to determine rates. Use best estimates
based on available data for the PSERN Operator’s first year budget, and then actual user
data thereafter.
8. Do not charge for radios accessing PSERN that are primarily used on another (disparate)
radio system and that are cross‐programmed to work on PSERN for the purpose of
mutual aid.
9. Determine proportional costs for each of the three equipment rate categories – public
safety radios, general government radios, and dispatch consoles.
The rate model ultimately recommended by the partner staff team to the PSERN Project
Steering Committee was as follows:
The PSERN Operator rate model is to be based on the level of labor effort (costs) and
vendor costs to maintain the system.
The PSERN Operator’s Budget will be funded by end users of radios and dispatch
consoles. (Historically, there has been no system access charge for consoles.)
The following formulas were used to determine the radio and console rates that will
fund the future PSERN Operator in Year 1 of its network operations:
o Radio end user contribution =
[public safety radio rate * # of public safety radios] + [general
government radio rate * # of general government radios] = 78% of PSERN
Operator budget
o Console contribution =
console rate * # of consoles = 22% of PSERN Operator budget
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o NOTE: It was assumed that general government radio users need less features
for their radios than public safety radios, so their monthly rates should be lower.
The general government radio rates were set to be at 78% of the public safety
radio rate.
Conclusions and Recommendations:
The analysis team concluded that there are flaws in all the rate setting methods they studied.
They also concluded that the recommended rate model should be revised / reaffirmed after the
first year of full operations when more concrete data on costs could be obtained by the
Operator.
The guidelines and model listed above were approved by the PSERN Project Steering
Committee at its October 28, 2014 meeting as the PSERN Operator’s proposed Year 1 rates for
radio and console end users.
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PUGET SOUND EMERGENCY RADIO NETWORK OPERATOR
INTERLOCAL COOPERATION AGREEMENT
This Puget Sound Emergency Radio Network Operator Interlocal Cooperation
Agreement (“Agreement”) is entered into pursuant to chapter 39.34 RCW (the “Interlocal
Cooperation Act”) by and among King County and the cities of Auburn, Bellevue, Federal
Way, Issaquah, Kent, Kirkland, Mercer Island, Redmond, Renton, Seattle, and Tukwila,
each a political subdivision or municipal corporation of the State of Washington
(individually, a "Party" and collectively, the "Parties").
RECITALS
A. The Parties, under various interlocal agreements, have been responsible for
the ownership, operation and maintenance of various elements in the current King County
Emergency Radio Communications System (KCERCS), a voice radio system that is
nearly twenty years old and is increasingly unsupported by the supplier of the system’s
equipment, software and related repairs.
B. The Parties determined that it is in the public interest that a new public safety
radio system be implemented that will provide public safety agencies and other user
groups in the region with improved coverage and capacity, as well as uniformly high-
quality emergency radio communications. Said new system is referred to herein as the
“Puget Sound Emergency Radio Network System” or “PSERN System.”
C. The costs of implementing the PSERN System are financed through a funding
measure approved by voters at the April 2015 election.
D. The Parties executed a separate agreement (“Implementation Period ILA”) that
designates King County to act as the lead agency for planning, procurement, financing
and implementation of the PSERN System with the oversight of a Joint Board established
pursuant to the Implementation Period ILA.
E. The Implementation Period ILA contemplates that the Parties will create a new
separate governmental agency under RCW 39.34.030(3)(b) that is organized as a non-
profit corporation under Chapter 24.06 RCW as authorized by the Interlocal Cooperation
Act to assume the ownership and control of the PSERN System following Full System
Acceptance and be responsible for the ownership, operations, maintenance,
management and on-going upgrading/replacing of the PSERN System during its useful
life.
F. The purpose of this Agreement is to create the new governmental agency to be
known as the “PSERN Operator” and establish the terms for governance of the PSERN
Operator and the terms under which the PSERN Operator will undertake the ownership,
operations, maintenance, management and on-going upgrading/replacing of the PSERN
System. NOW, THEREFORE, in consideration of the mutual promises, benefits and
covenants contained herein and other valuable consideration, the sufficiency of which is
hereby acknowledged, the Parties agree to the above Recitals and the following:
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1.0 RULES OF CONSTRUCTION AND DEFINITIONS
1.1 Rules of Construction
1.1.1 Unless the context requires otherwise, the singular form of a word shall also
mean and include the plural (and vice versa), and the masculine gender shall also
mean and include the feminine and neutral genders (and vice versa).
1.1.2 References to statutes or regulations include all current and future statutory
or regulatory provisions consolidating, amending or replacing the statute or
regulation referred to.
1.1.3 References to sections, exhibits, attachments or appendices to this
Agreement and references to articles or sections followed by a number shall be
deemed to include all subarticles, subsections, subclauses, subparagraphs and
other divisions bearing the same number as a prefix.
1.1.4 The words “including,” “includes” and “include” shall be deemed to be
followed by the words “without limitation.”
1.1.5 The words “shall” or “will” shall be deemed to require mandatory action.
1.1.6 Words such as “herein,” “hereof” and “hereunder” are not limited to the
specific provision within which such words appear but shall refer to the entire
Agreement taken as a whole.
1.1.7 Words such as “person” or “party” shall be deemed to include individuals,
political subdivisions, governmental agencies, associations, firms, companies,
corporations, partnerships, and joint ventures.
1.1.8 References to “days” shall mean calendar days unless expressly stated to
be “Business Days.” If the due date for a task, payment, or any other requirement
falls on a Saturday, Sunday or holiday observed by King County, the due date shall
be deemed to be the next Business Day.
1.1.9 The headings and captions inserted into this Agreement are for convenience
of reference only and in no way define, limit, or otherwise describe the scope or
intent of this Agreement, or any provision hereof, or in any way affect the
interpretation of this Agreement.
1.1.10 This Agreement was negotiated and prepared by the Parties and their
respective attorneys. The Parties acknowledge and agree that the rule of
construction that an ambiguous contract should be construed against the drafter
shall not be applied in any construction or interpretation of this Agreement.
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1.2 Definitions
Words and terms used in this Agreement and not otherwise defined herein (including in
the recitals which are hereby incorporated into this Agreement by this reference) shall be
given their ordinary and usual meanings or their well-known technical industry meanings
except that the following terms are defined for this Agreement as follows:
1.2.1 Board of Directors or Board means the board described in Section 4.0 of this
Agreement and shall be the governing body of the PSERN Operator.
1.2.2 Agreement means this Puget Sound Emergency Radio Network Operator
Interlocal Cooperation Agreement, as it may hereafter be amended or modified
from time to time, together with all exhibits and appendices hereto, as they may
hereafter be amended or modified.
1.2.3 Consolidated Service Area means those geographic areas of King County,
Pierce County and Snohomish County, Washington, previously served by the
emergency radio networks of King County, the City of Seattle, EPSCA and Valley
Com, and which areas are to be prospectively served by the PSERN System. The
Consolidated Service Area shall also include those other geographic areas that
are added to the area served by the PSERN System as expanded in accordance
with action of the Board of Directors.
1.2.4 Director means a person designated as a member of the Board of Directors
pursuant to Section 4.2 of this Agreement.
1.2.5 Dispatch Center means an organization that has entered into an agreement
with King County or the PSERN Operator for console service on the PSERN
System.
1.2.6 EPSCA means the Eastside Public Safety Communications Agency, formed
pursuant to chapters 39.34 and 24.06 RCW, created by the cities of Bellevue,
Issaquah, Kirkland, Mercer Island and Redmond, or its successor agency.
1.2.7 Executive Director means the chief executive officer for the PSERN Operator
appointed by and serving at the pleasure of the Board of Directors.
1.2.8 Full System Acceptance or FSA means the determination issued to the
PSERN System Contractor upon the Contractor satisfactorily completing the final
system development phase milestone pursuant to King County Contract No.
5729347 (Contract for the Design, Development, Implementation, Testing and On-
Going Support, Maintenance and Upgrade of the Puget Sound Emergency Radio
System, executed on December 17, 2014).
1.2.9 KCERS means the King County Emergency Radio Communication System.
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1.2.10 Operations Period means the period that commences with the first full
month after FSA and continuing through the life of the PSERN System.
1.2.11 PSERN Transitional Employee means an individual: (1) who, at the time of
FSA, is employed by King County, the City of Seattle, EPSCA, or ValleyCom in a
management, administration, finance, operations, and/or maintenance position for
a subregion of KCERCS; (2) whose employment with King County, the City of
Seattle, EPSCA, or ValleyCom will be eliminated as a direct result of the PSERN
project; and (3) who will not be hired by the PSERN Operator in a comparable
capacity because the PSERN Operator has no or fewer comparable positions.
1.2.12 Puget Sound Emergency Radio Network Operator or PSERN Operator
means the governmental agency formed under this Agreement and RCW
39.34.030(3)(b) that is organized as a nonprofit corporation under chapter 24.06
RCW as authorized by the Interlocal Cooperation Act for the purpose of owning,
operating, maintaining, managing and ongoing upgrading/replacing of the PSERN
System during the Operations Period.
1.2.13 Puget Sound Emergency Radio Network System or PSERN System means
the land mobile radio system constructed under the Implementation Period ILA. It
also means all equipment, software, and other work deployed during the
Operations Period to provide public safety communication service(s) or an addition
to an existing infrastructure during the Operations Period to provide new or
additional public safety communication service(s).
1.2.14 System means an infrastructure that is deployed to provide public safety
communication service(s) or an addition to an existing infrastructure to provide new
or additional public safety communication service(s).
1.2.15 Service Rate means the rate or rates charged to User Agencies in
accordance with the Rate Model at Exhibit A, or as it may be amended by action
of the Board of Directors.
1.2.16 Services means voice, data, video, or other communication services
provided to User Agencies and Dispatch Centers through an agreement with King
County or the PSERN Operator.
1.2.17 User Agency means an entity that is authorized under an agreement with
King County or the PSERN Operator to register and use a radio or other device on
the PSERN System.
1.2.18 Valley Communications Center or Valley Com means the Governmental
Administrative Agency formed by interlocal agreement under Chapter 39.34 RCW,
created by the cities of Auburn, Federal Way, Kent, Renton, and Tukwila.
2.0 DURATION OF AGREEMENT
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This Agreement shall be effective on the date it is last signed by an authorized
representative of each the Parties and is filed and/or posted as provided in Section 15.2
("Effective Date"). This Agreement shall remain in effect until terminated as provided in
Section 12.0.
3.0 PURPOSE OF THE AGREEMENT; FINANCING; SERVICES
The purpose of this Agreement is to provide communication Services throughout the
Operations Period to User Agencies and any other agencies permitted to be licensed in
the 800 MHz Public Safety Radio Spectrum pursuant to 47 C.F.R. Part 90 that are within
the boundaries of the Consolidated Service Area. To effectuate this purpose, the Parties
hereby create a governmental administrative agency called the “Puget Sound Emergency
Radio Network Operator”. The Parties each assign to the PSERN Operator the
responsibility of owning, operating, maintaining, managing and ongoing
upgrading/replacing of the PSERN System during the Operations Period as permitted by
the Interlocal Cooperation Act. The PSERN Operator shall be formed pursuant to RCW
39.34.030(3)(b) and shall be organized as a nonprofit corporation under chapter 24.06
RCW.
The Parties hereto acknowledge and agree that each is executing this Agreement in order
to facilitiate the creation of the PSERN Operator as a separate governmental
administrative agency pursuant to the Interlocal Cooperation Act and not a “joint board”
within the meaning of RCW 39.34.030(4)(a). All debts, obligations and liabilities incurred
by the PSERN Operator shall be satisfied exclusively from the assets and properties of
the PSERN Operator and no creditor or other person shall have any right of action against
the Parties hereto, the User Agencies or any other public or private entity or agency on
account of any debts, obligations, or liabilities of the PSERN Operator unless explicitly
agreed to in writing by the Party hereto, the User Agency, or such entity or agency.
The expenses of the PSERN Operator shall be financed through a funding measure
approved by voters at the April 2015 election and with user fees (Service Rates) to be
assessed against and paid by all User Agencies. It is the intent of the Parties that Service
Rates be computed as provided in Exhibit A and be set to cover all operating expenses
of the PSERN Operator, unless otherwise directed by the Board of Directors.
This Agreement shall not obligate the Parties to incur debt on behalf of the PSERN
Operator. Each Party’s financial obligations to PSERN shall be limited to payment of
Service Rates unless otherwise agreed upon in writing.
The PSERN Operator shall have the responsibility and authority for providing
communication Services as provided in this Agreement, including but not limited to
owning, operating, maintaining, managing and ongoing upgrading/replacing of the
PSERN System during the Operations Period and all related incidental radio
communications functions.
4.0 BOARD OF DIRECTORS
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4.1 Creation of Board of Directors
The PSERN Operator shall be governed by a Board of Directors that is hereby created
pursuant to the Interlocal Cooperation Act and chapter 24.06 RCW that shall act in the
best interests of PSERN and in furtherance of the purpose of this Agreement. The Board’s
composition, powers, responsibilities, quorum and meeting requirements shall be
included in the PSERN Operator’s articles of incorporation or bylaws.
4.2 Composition of the Board of Directors
4.2.1 The Board of Directors shall be composed of the four following voting
members:
4.2.1.1 the King County executive, or a designee of the executive approved
by the King County council;
4.2.1.2 the City of Seattle mayor, or his/her designee;
4.2.1.3 one mayor or city manager or his/her designee representing the
Cities of Bellevue, Issaquah, Kirkland, Mercer Island and Redmond (the
“EPSCA Cities”); and
4.2.1.4 one mayor or city manager or his/her designee representing the
Cities of Auburn, Federal Way, Kent, Renton and Tukwila (the “Valley Com
Cities”).
4.2.2 The Board of Directors shall also include two nonvoting members to
comment and participate in discussions but who are not entitled to vote on any
matter. One nonvoting member shall be appointed by the King County Police
Chiefs Association and one member selected jointly by the King County Fire
Commissioners Association and the King County Fire Chiefs Association.
4.2.3 An authorized representative of King County, the City of Seattle, the Valley
Com Cities and the EPSCA Cities shall provide written notice of its initial Board of
Directors member and alternate member to the Chair of the Joint Board
established under the Implementation Period ILA. Thereafter, notice of a change
to a Party’s Board of Directors member or alternate shall be effective upon delivery
of written notice to the Chair of the Board of Directors. The notice shall include the
name and contact information for the new member or alternate.
4.2.4 An authorized representative of King County, the City of Seattle, the Valley
Com Cities and the EPSCA Cities shall promptly replace any vacancy in its Board
of Directors member or alternate and may, at any time, replace its Board of
Directors member or alternate by giving notice as provided in Section 4.2.3. If the
County or the City of Seattle fails to fill a vacancy for its Board of Directors member
and alternate, its chief executive officer or his/her designee shall attend all
meetings until one of the vacancies is filled. If one of the groups of cities listed in
Sections 4.2.1.3 or 4.2.1.4 fails to fill a vacancy for its Board of Directors member
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and alternate, then the chief executive officer or his/her designee of one of the
cities in that group shall attend all meetings until one of the vacancies is filled.
4.2.5 The officers of the PSERN Operator shall consist of a Chair, Vice Chair, a
Secretary, a Treasurer and such other officers and assistant officers as may be
deemed necessary and set forth in the bylaws. Any two or more offices may be
held by the same person, except the offices of Chair and Secretary. The officers
shall be elected from among the voting members of the Board. The Chair shall
preside at the meetings of the Board of Directors. The Vice Chair shall serve in the
absence of the Chair.
4.3 Quorum and Meeting Procedures
4.3.1 A quorum for a meeting of the Board of Directors shall be all four of the
Board members who have voting authority. Action by the Board of Directors shall
require the affirmative vote of all four voting Board members, except as provided
otherwise in this Agreement.
4.3.2 Any Board of Directors member who has voting authority may request that
a vote on a measure be deferred until the next meeting. The measure shall then
be deferred for one meeting unless the other three voting members find either that
there is an emergency requiring that the vote be taken at the originally scheduled
meeting or that a delay would likely result in harm to the public, User Agencies or
the PSERN Operator. A vote on the same measure shall not be deferred a second
time without the concurrence of the majority of the Board of Directors’ voting
members.
4.3.3 The Board of Directors shall establish bylaws and procedures for its
operations and meetings including setting a regular meeting schedule and location,
providing for the scheduling of special and emergency meetings, and providing for
attendance by telephone or other electronic voice communication.
4.3.4 The regular meeting schedule shall be established by the Board of Directors,
with a minimum of two meetings being held each calendar year. Special or
emergency meetings may be called by the Chair or by at least two voting members
of the Board.
4.3.5 The first meeting of the Board of Directors will be held as soon as
practicable and necessary to begin operations of the PSERN Operator. The
members described in Section 4.2.3 shall attend the meeting and shall elect a
Chair and Vice Chair to serve a term that will begin upon election and extend
through the remainder of that calendar year and the calendar year immediately
following. Thereafter, the Board of Directors shall elect a Chair and Vice Chair at
the final meeting of each year to allow each to serve a two-year term that will begin
on January 1 of the following year.
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4.3.6 The Board of Directors shall hold an annual meeting to coincide with the
first regular meeting each year. During the annual meeting, the Executive Director
shall report on the state of the PSERN Operator.
4.3.7 The Board of Directors shall take actions by vote and each voting Board
member shall be entitled to one vote. All votes shall have equal weight in the
decision-making process. Any voting Board member may call for a vote on an
issue. Meetings shall be conducted according to the most recent edition of Robert’s
Revised Rules of Order unless otherwise directed by the Board of Directors.
4.3.8 Board members must be present at a meeting to vote and may not vote by
proxy, provided that, if provided for in the bylaws, a member may participate in
Board meetings and may vote on Board issues via telephone or other electronic
voice communication.
4.3.9 The Board of Directors shall comply with applicable requirements of the
Washington State Open Public Meetings Act, Chapter 42.30 RCW.
4.3.10 An alternate attending Board of Directors meetings on behalf of a regular
member of the Board shall be considered to be a member for purposes of that
meeting and entitled to exercise all rights of the member to participate in such
meetings, including participating in discussion, making motions, and voting on
matters coming before the Board.
4.3.11 Notwithstanding any other provision in this Agreement, the Board of
Directors may take action by three affirmative votes when each of the following
conditions is met: (1) a matter has been identified for action in the notice or
proposed agenda for at least two meetings in a row, and (2) both meetings were
regularly scheduled meetings or properly notified and scheduled special meetings
in accordance with the bylaws and RCW 42.30, and (3) the same voting member
failed to attend both meetings and failed to send an alternate. In this event, for this
one action item only, a quorum of the Board of Directors will consist of three
members.
4.4 Board of Directors Actions
The PSERN Operator, through its Board of Directors, shall have all powers allowed by
law for interlocal agencies created under RCW 39.34.030 and chapter 24.06 RCW, as
they now exist or may hereafter be amended, and as authorized, amended, or removed
by the Board of Directors, as provided for in this Agreement, and including but not limited
to the following:
a. Amend this Agreement, subject to Section 15.13;
b. Establish committees and advisory groups to perform activities related to the
PSERN System;
c. Adopt and amend budgets and approve expenditures;
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d. Adopt and amend policies and bylaws for the administration and regulation of
the PSERN Operator;
e. Adopt and amend purchasing and contracting policies consistent with state
law;
f. Direct and supervise the activities of the Operating Board;
g. Direct the activities of the Executive Director;
h. If the Board determines that the Executive Director will be directly hired as an
employee of the PSERN Operator, then the Board shall hire, set the
compensation for, and be authorized to terminate the employment of the
Executive Director.
i. If the Board determines that the Executive Director will be a contracted
employee from another governmental agency, the Board will contract for an “at
will” employee approved by the Board and who may be terminated from the
position by a unanimous vote by the Board.
j. Evaluate the Executive Director's performance and give the Executive Director
a written evaluation of his or her performance at least annually;
k. Establish a fund or special fund or funds as authorized by RCW 39.34.030;
l. Establish Service Rates in accordance with Exhibit A or any amendments
thereto;
m. Review and amend terms of use for User Agencies, as necessary;
n. Conduct regular and special meetings;
o. Approve PSERN operation and maintenance standards;
p. Determine the Services the PSERN Operator shall offer and the terms under
which they will be offered;
q. Approve agreements with third parties;
r. Incur financial obligations in the name of the PSERN Operator to make
purchases or contracts for Services to implement the purposes of this
Agreement; provided, however, nothing in this Agreement shall authorize the
PSERN Operator to issue bonds or incur indebtedness in the name of any Party
hereto or that shall be considered a debt or a guarantee of any Party hereto
without its express written consent;
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s. Purchase, take, receive, lease, take by gift, or otherwise acquire, own, hold,
improve, use and otherwise deal in and with real or personal property, or any
interest therein, in the name of the PSERN Operator;
t. Sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise
dispose of all of its real or personal property, or any interest therein, and assets;
u. Sue and be sued, complain and defend, in all courts of competent jurisdiction;
v. Hold licenses for radio frequencies;
w. Recommend action to the legislative bodies of the Parties and User Agencies;
w. Delegate the Board of Directors' authority under this Agreement subject to any
applicable law and to such limitations and conditions as the Board of Directors
may establish;
x. Enter into agreements with other agencies to accomplish tasks for the PSERN
Operator such as agreements for services such as procurement and property
leasing;
y. Contract for staff through agreements with other agencies that specify the
employment policies, compensations amounts, and supervisory structure that
will apply to such staff;
z. Exercise any powers necessary to further the goals and purposes of this
Agreement that are consistent with the powers of the Parties;
aa. Add parties to this Agreement and concurrently amend the membership of the
Board of Directors, subject to the limitations of Section 15.13;
bb. Take necessary actions to prepare and plan for a public safety radio system(s)
to succeed the PSERN System;
cc. To the extent permitted by law, accept loans or grants of funds from any federal,
state, local or private agencies and receive and distribute funds; and
dd. The PSERN Operator shall have no power to levy taxes.
4.5 Impasse Resolution Procedure
4.5.1 If a matter requiring Board action is moved at a Board of Directors meeting
but fails for lack of a unanimous vote by all four (4) Directors, a voting Director may
submit written notice of an impasse to the other Directors and the Executive
Director. The notice shall include a statement of the action being sought and the
history of any Board deliberation or vote(s) on the matter.
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4.5.2 Within seven (7) days of receipt of a notice of impasse, the Board Chair shall
designate a mediator to assist the Board in resolving the impasse. The mediator
shall be experienced in resolving disputes among public sector and/or nonprofit
agencies and may not be an employee or consultant of any of the Parties, unless
otherwise agreed to by the Parties.
4.5.3 The Parties agree that it is essential to the success of the PSERN System
that any impasse be resolved as quickly as possible and accordingly agree to
instruct their respective Directors to cooperate with the mediator in good faith,
including expediting responses to any mediator requests for information and
discussion.
4.5.4 The mediator shall promptly investigate the impasse and the respective
positions of the voting Directors. The mediator may recommend one or more non-
binding alternatives for resolving the impasse. Regardless of the outcome of the
mediation, the cost of the mediator’s fees and expenses shall be divided into four
equal parts to be paid by (1) the County, (2) the City, (3) the EPSCA Cities and the
(4) Valley Com Cities. The EPSCA Cities and Valley Com Cities shall each be
responsible for apportioning their one quarter share of the costs among their
members and for informing the PSERN Operator of the apportionment. The
PSERN Operator shall pay the mediator and invoice each Party for its share. Each
Party shall pay the PSERN Operator within thirty (30) days of the Party’s receipt
of the invoice.
4.5.5 If the impasse is not resolved within ten (10) days of the mediator providing
his/her recommendation(s), the Elected Executives Committee (EEC) shall meet
with the Board of Directors to attempt to resolve the impasse. The EEC shall be
composed of the King County Executive; the Mayor of the City of Seattle; one
elected official designated by the EPSCA Cities; and one elected office designated
by the Valley Com Cities. The Board of Directors and the EEC shall convene to
consider the matter and attempt to reach a resolution, which may include re-
submitting the matter for a Board of Directors vote, not later than twenty (20) days
after the date the mediator provided his/her recommendation(s).
5.0 OPERATING BOARD
The Board of Directors will create an Operating Board of PSERN System User Agencies,
which will include at least one fire commissioner as a member, to provide advice and
perform other duties as deemed appropriate by the Board of Directors. The obligation to
create and maintain an Operating Board shall be included in the PSERN Operator’s
articles of incorporation or bylaws.
6.0 EXECUTIVE DIRECTOR
If the Executive Director is directly hired as an employee of the PSERN Operator, the
Board shall be responsible for the appointment and termination of the Executive Director.
If the Board enters into an agreement with another governmental agency to contract for
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an Executive Director, the agreement shall give the Board the authority to appoint the
Executive Director and to terminate the Executive Director from his/her position.
The Executive Director shall report to the Board of Directors and shallregularly advise the
Board on matters related to the operation and functions of the PSERN System and the
PSERN Operator, including proposed budgets, financial and liability issues, and all other
appropriate matters related to the PSERN System and the PSERN Operator. The
Executive Director may also request assistance from the Operating Board to address
tasks calling for technical and user-related expertise.
6.1 Executive Director Duties
The Executive Director shall:
a. Manage the PSERN Operator’s day-to-day activities consistent with applicable
policies, procedures, and standards;
b. Retain appropriate PSERN Operator staff either through the direct hire of such
staff or through an agreement with an agency to provide such staff;
c. Hire, evaluate, supervise, discipline, and terminate staff in compliance with
applicable budget, policies, procedures, agreements and standards;
d. Propose and administer Annual Budgets including a contingency;
e. Consistent with applicable budget and procurement policies adopted by the
Board, approve expenditures and sign contracts in amounts as established by
the Board of Directors without additional approval of the Board of Directors;
f. Track the performance of PSERN systems and Services;
g. Provide support to the Board of Directors;
h. Recommend policies, procedures, and standards, and changes thereto,
including without limitation policies governing the procurement of goods,
services, public works and improvements, staffing and emergency responses;
i. Provide written monthly reports to the Board of Directors describing the PSERN
Operator’s budget status, PSERN System performance against targets, partial
or full PSERN System outages, purchases equal to or greater than $10,000,
and usage statistics;
j. Maintain and manage records in accordance with applicable state and federal
laws and regulations;
k. Prepare an annual report for the PSERN Operator as required by RCW
23.95.255; and
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l. Perform other duties as assigned by the Board of Directors.
6.2 Qualifications and Status of the Executive Director
The Executive Director shall have experience or comparable equivalent skills in the
technical, financial and administrative fields of public safety radio and his or her
appointment shall be on the basis of merit only. If the Executive Director is directly hired
by the PSERN Operator, he/she will serve in an “at will” position that may not be modified
by any PSERN Agency policy, rule, or regulation regarding discipline or termination of
PSERN Agency employees, and accordingly, the Executive Director may only be
terminated from his or her position by the Board of Directors.
7.0 EMERGENCY PROCEDURES
In the case of an emergency, the Executive Director shall have the authority to issue a
determination of emergency under applicable law. The Executive Director shall
communicate to the Board of Directors each decision made pursuant to any emergency
determination as soon as reasonably possible and shall issue a written finding of the
existence of the emergency no later than two weeks following the award of any contract
executed pursuant to the emergency determination.
8.0 PSERN OPERATOR EMPLOYMENT
8.1 Employees Generally
The Board of Directors shall require the PSERN Operator to comply with all applicable
federal, state and local laws, ordinances and regulations pertaining to all current and
future employees. In addition, the PSERN Operator shall be an equal opportunity
employer and make reasonable efforts to maintain a diverse work force.
8.2. Employment of Current Regular Employees
8.2.1 Offer of Employment
8.2.1.1 As of the Effective Date of this Agreement, there are 3.0 FTE City
of Seattle employees and 8.0 FTE King County employees who are
employed to primarily work on KCERCS infrastructure and whose job
duties will be assumed by the PSERN Operator after FSA (“Qualified
Employees”). It is the intention of the Parties that each of those Qualified
Employees have the option of working for the PSERN Operator and that
the PSERN Operator and the County and City of Seattle will work
cooperatively to transition the employees who accept such option to work
for the PSERN Operator on a schedule that does not adversely impact
public safety functions prior to FSA.
8.2.1.2 Directly Hired Employees
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If the Board of Directors determines that PSERN Operator staff shall be
directly hired by the PSERN Operator and to implement the intent of
Section 8.2.1., then no later than the date to be set by the Board of
Directors, the PSERN Operator will offer employment to each of the
Qualified Employees for similar employment with the PSERN Operator.
The offer shall remain open for no more than thirty (30) days unless
otherwise determined by the Board of Directors. Each Qualified Employee
who accepts the offer shall become a “Transferring Employee.” The
PSERN Executive Director shall use best efforts to ensure each
Transferring Employee a smooth and prompt transition to employment with
the PSERN Operator.
The Board of Directors shall require the PSERN Operator to use its best
efforts to offer the Transferring Employees opportunities for professional
advancement and a package of employee benefits that are similar to the
opportunities and benefits available to the Transferring Employees at their
current agency at the time of transition to PSERN employment.
8.2.1.3 Agency-Provided Employees
If the Board of Directors determines that PSERN Operator staff will be
contracted for through an agreement with another governmental agency,
then no later than the date set by the Board of Directors, the agency
providing such staff will offer employment to each of the Qualified
Employees for similar employment with the agency for PSERN Operator
work. The offer shall remain open for no more than thirty (30) days unless
otherwise determined by the agency providing the PSERN Operator staff.
Each Qualified Employee who accepts the offer shall become an “Agency
Employee.” The agency providing PSERN Operator staff shall use best
efforts to ensure each Agency Employee a smooth and prompt transition to
employment with the agency and work for the PSERN Operator.
8.2.2 Retirement Benefits
If the Board of Directors determines that PSERN Operator staff shall be directly
hired, then the PSERN Operator will participate in the Public Employees’
Retirement System (PERS) and will offer PERS retirement benefits through the
Washington State Department of Retirement Systems to Transferring Employees
and Transitional Employees.
8.3 Temporary Employment of PSERN Transitional Employees
8.3.1 Any PSERN Transitional Employee who requests temporary employment
with the PSERN Operator shall be employed as a temporary employee by the
PSERN Operator or if the PSERN Operator does not directly hire its employees,
then by the agency providing staff for the PSERN Operator.. The period of
temporary employment shall not exceed eighteen (18) months from the time of
transition to such employment or a shorter duration if requested by the PSERN
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Transitional Employee. The time of transition shall be within 60 days after FSA
unless another date is agreed to by the PSERN Operator and the PSERN
Transitional Employee.
8.3.2 While employed as temporary employees performing work for the PSERN
Operator, PSERN Transitional Employees shall be entitled to a salary and package
of benefits similar to what the Transitional Employee received prior to his or her
transition to PSERN Operator work. The full cost of compensation, including salary
and benefits, provided to PSERN Transitional Employees shall be paid by the
PSERN Operator, either directly or pursuant to an agreement with another agency
for the provision of staff.
8.3.3 While employed as temporary employees performing work for the PSERN
Operator, PSERN Transitional Employees must meet all employment
requirements applicable to permanent PSERN Operator employees or employees
of the applicable employing agency. Nothing in this Agreement shall preclude the
PSERN Operator’s or applicable employing agency’s ability to take employment
action, up to and including termination of employment, regarding a PSERN
Transitional Employee who fails to meet any requirement of his/her employment.
8.3.4 Nothing in this section shall preclude the PSERN Operator or an applicable
employing agency from hiring a PSERN Transitional Employee serving as a
temporary employee to a permanent position.
8.4 No Third-Party Beneficiaries.
Employees affected by this Agreement are not intended to be third-party beneficiaries to
this Agreement and cannot sue to enforce its terms.
9.0 Service Level Requirements
9.1 Contractor Services
The PSERN Operator shall ensure the following services are provided by the Contractor
throughout the expected service life of the PSERN System:
(i) technical support;
(ii) infrastructure repair;
(iii) System updates; and
(iv) System upgrades.
9.2 Minimum Performance
The PSERN Operator shall ensure the following minimum performance requirements for
the PSERN System:
(i) DAQ 3.4;
(ii) 97% reliability;
(iii) 97% portable on-street coverage in the Primary Bounded Area;
(iv) 95% portable on-street coverage in the Highway Buffer Covered Areas;
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(v) grade of service of 1.0;
(vi) 99.999% availability of backhaul;
(vii) at least 17db added signal above the baseline PSERN design within the
three (3) polygon coverage areas shown in Exhibit B; and
(viii) provide 97% portable on-street coverage with 97% SAR (service area
reliability) in the three (3) polygon coverage areas shown in Exhibit B.
10.0 RESERVED
11.0 WITHDRAWAL AND REMOVAL
11.1 Withdrawal of a Party
11.1.1 A Party may withdraw from this Agreement effective on the last day of a
calendar year by giving written notice to the Board at least two years prior to the
proposed effective date for withdrawal.
11.1.2 Any Party that has given notice of its intent to withdraw must meet with the
Executive Director or his or her designee to develop a departure plan that is intended
to ensure an orderly separation of the Party from the PSERN Operator in a manner
that is consistent with this Agreement. The departure plan may include the transfer
of funds and equipment or other assets and such plan must be approved by
unanimous vote of the Board of Directors.
11.1.3 Costs of Withdrawal
11.1.3.1 A Party that withdraws shall remain responsible for any obligations
that arose prior to the effective date of the withdrawal and for any that are
specified under Section 15.17 as surviving a withdrawal.
11.1.3.2 As a condition of withdrawal, the withdrawing Party must pay any
direct costs resulting from the withdrawal. The Board of Directors may also
set a different withdrawal date as it deems appropriate; however, the
withdrawal date shall not be later than one year after the withdrawing Party’s
proposed withdrawal date.
11.1.3.3 Any costs or other amounts owed by a withdrawing Party under this
Agreement or any other agreement between the withdrawing Party and the
PSERN Operator shall be paid prior to the effective date of the withdrawal
or, if such amounts are not then known or established, then within thirty (30)
days after the amount is known or established. However, the withdrawing
Party shall not be responsible for amounts not known or established within
one hundred (100) days of the date of withdrawal.
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11.1.4 A member of the Board of Directors representing a Party that has given
notice of withdrawal which is effective at a future date, shall be authorized to cast
votes with the Board of Directors only on budgets and other items to be
implemented prior to the withdrawal date unless permission to vote on a matter is
granted by all remaining Board members.
11.1.5 A Party that has given its notice of withdrawal may revoke its notice of
withdrawal by delivering a written notice of such revocation to the Board of
Directors. The Board, in its sole discretion, may by unanimous vote of the
remaining members of the Board, determine to accept or deny the revocation and
under what conditions any acceptance shall be permitted.
11.1.6 If a Party withdraws from this Agreement, the withdrawing Party will forfeit
any and all rights it may have to PSERN System real, personal, or intellectual
property and any rights to participate in the PSERN Operator, unless otherwise
provided by the Board of Directors.
11.2 Removal of a Board Member.
The Board of Directors may, by majority vote and for cause, remove a Board member
from the Board of Directors and terminate the Board member’s right to participate in
governance of the PSERN Operator. Immediately after the vote removing a Board
member, the Party’s alternate shall become its Board of Directors member. If the Party
has not designated an alternate, the vacancy provisions in Section 4.2.4 shall apply.
Cause for removal may include failure to act in good faith in participating in the Board of
Directors and willful, arbitrary failure to perform the Board member’s obligations as set
forth in this Agreement.
12.0 DISSOLUTION AND TERMINATION
12.1 Three (3) or more Directors may, at any one time, call for a vote on the complete
dissolution of the PSERN Operator and termination of this Agreement. Upon both: (a) the
affirmative vote of a majority of the full Board for dissolution and termination; and (b) the
affirmative vote of a majority of the Parties’ legislative bodies for dissolution and
termination, the Board shall establish a task force to determine how the PSERN System
assets and liabilities will be divided upon such dissolution and termination. For purposes
of this section, each Party shall determine what constitutes an affirmative vote of its
legislative body.
12.2 Approval of the plan for disposition of the PSERN System assets and liabilities (the
“Disposition Plan”) shall require a unanimous affirmative vote of the full Board. If the Board
fails to approve the Disposition Plan within one (1) year of the last legislative body vote
under Section 12.1.b, the Parties shall proceed with the impasse resolution procedures
in Section 4.5.
12.3 Following the approval of the Disposition Plan, the PSERN Operator shall wind up
business in accordance with the Disposition Plan and any other terms set by the Board.
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The Board shall set the date for termination of this Agreement by affirmative majority vote
of the full Board.
13.0 LEGAL RELATIONS
13.1 Employees and No Third Party Beneficiaries
13.1.1 Nothing in this Agreement shall make any employee of one Party an
employee of another Party for any purpose, including, but not limited to, for
withholding of taxes, payment of benefits, worker's compensation pursuant to Title
51 RCW, or any other rights or privileges accorded by virtue of their employment.
No Party assumes any responsibility for the payment of any compensation, fees,
wages, benefits or taxes to or on behalf of any other Party's employees. No
employees or agents of one Party shall be deemed, or represent themselves to
be, employees of another Party.
13.1.2 It is understood and agreed that this Agreement is solely for the benefit of
the Parties and gives no right to any other person or entity.
13.2 Indemnification.
Each Party to this Agreement shall protect, defend, indemnify, and save harmless the
other Parties and their respective officials and employees, from any and all claims, arising
out of, or in any way resulting from, the indemnifying Party's willful or negligent acts or
omissions arising out of this Agreement. No Party will be required to indemnify, defend,
or save harmless any other Party if the claim, suit, or action for injuries, death, or damages
is caused by the sole negligence of that other Party. Where such claims, suits, or actions
result from concurrent negligence of two or more Parties, these indemnity provisions shall
be valid and enforceable only to the extent of each Party's own negligence. Each of the
Parties agrees that its obligations under this Section extend to any claim, demand, and/or
cause of action brought by, or on behalf of, any of its employees or agents. For this
purpose, each of the Parties, by mutual negotiation, hereby waives, with respect to each
of the other Parties only, any immunity that would otherwise be available against such
claims under the Industrial Insurance provisions of Title 51 RCW. Any loss or liability
resulting from the negligent acts, errors, or omissions of the Board of Directors, Operating
Board, Executive Director and/or staff, while acting within the scope of their authority
under this Agreement, shall be borne by the PSERN Operator exclusively.
13.3 Insurance
The Board of Directors, Executive Director, and PSERN Operator shall take such steps
as are reasonably practicable to minimize the liability of the Parties, including but not
limited to the utilization of sound business practices. The Board of Directors shall
determine which, if any, insurance policies or self-insurance programs for governmental
entities authorized in the State of Washington may be reasonably and practicably
acquired to cover liability exposures and other potential losses arising from the operations
of the PSERN Operator and the activities of the Parties pursuant to this Agreement (which
may include Directors and Officers, Commercial General Liability, Auto, Workers’
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Compensation, Stop Gap/Employer’s Liability, errors and omissions, crime/ fidelity
insurance, CyberRisk, property damage or loss), and shall direct the acquisition of same.
14.0 PUBLIC RECORDS
14.1 The Executive Director shall keep records related to the PSERN System and
PSERN Operator as required by law and in accordance with the policies, procedures and
retention schedules as may be established by the Board of Directors.
14.2 Each Party shall keep records related to the PSERN System and PSERN Operator
as required by law and in accordance with such the policies, procedures and retention
schedules as may be established by the Party, and each Party shall be responsible for
responding to public disclosure requests addressed to it in accordance with the
Washington Public Records Act, Chapter 42.56 RCW, and such procedures as may be
established by the Party.
14.3 The Executive Director shall be responsible for responding to public disclosure
requests addressed to the PSERN Operator in accordance with the Washington Public
Records Act, Chapter 42.56 RCW, and such procedures as may be established by the
Board of Directors.
15.0 GENERAL
15.1 RESERVED
15.2 Filing of Agreement
Pursuant to RCW 39.34.040, prior to its entry into force, this Agreement shall be filed with
the King County Recorder's Office or, alternatively, listed by subject on a Party's web site
or other electronically retrievable public source.
15.3 Time of the Essence
The Parties recognize that time is of the essence in the performance of the provisions of
this Agreement.
15.4 Compliance with Laws
During the term of this Agreement, the Parties hereto agree to comply with all federal,
state, and local laws as necessary to carry out the terms of this Agreement. Further, to
the extent that any emergency communication Services involve the retention, security,
confidentiality or other handling of certain “protected” health information under the federal
Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and its
implementing regulations thereunder by the U.S. Department of Health and Human
Services and other applicable laws including chapter 70.02 RCW, the Washington
Uniform Health Care Information Act, as amended, the Parties agree to comply with such
laws and execute documents as necessary to implement the requirements under such
laws.
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15.5 Specific Performance
In the event a Party fails to perform an obligation under this Agreement, the other Parties
or any one of them shall have the right to bring an action for specific performance,
damages and any other remedies available under this Agreement, at law or in equity.
15.6 No Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused
unless such waiver, excuse, or consent shall be in writing and signed by the Party or
Parties claimed to have waived or consented. If the waiving or consenting Party is the
PSERN Operator, then the writing must be signed by all of the voting members of the
Board of Directors. Waiver of any default of this Agreement shall not be deemed a waiver
of any subsequent default. Waiver of breach of any provision of this Agreement shall not
be deemed to be a waiver of any other or subsequent breach. Waiver of such default and
waiver of such breach shall not be construed to be a modification of the terms of this
Agreement unless stated to be such through written approval of all Parties.
15.7 Parties Not Relieved of Statutory Obligation
Pursuant to RCW 39.34.030(5), this Agreement shall not relieve any Party of any
obligation or responsibility imposed upon it by law except that, to the extent of actual and
timely performance thereof by the Board of Directors, the performance may be offered in
satisfaction of the obligation or responsibility.
15.8 Nondiscrimination
The Parties shall comply with the nondiscrimination requirements of applicable federal,
state and local statutes and regulations.
15.9 No Assignment
No Party shall transfer or assign a portion or all of its responsibilities or rights under this
Agreement, except with the prior authorization of the Board of Directors.
15.10 Merger, Consolidation or Sale of All or Substantially All Assets
Approval of the merger or consolidation of the PSERN Operator with another entity, or
the sale of all or substantially all assets of the PSERN Operator, shall require a unanimous
vote of the Board of Directors.
15.11 Dispute Resolution
If one or more Parties believe another Party has failed to comply with the terms of this
Agreement, the affected Parties shall attempt to resolve the matter informally. If the
Parties are unable to resolve the matter informally, any Party may submit the matter to
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mediation under Section 4.5. In any event, if the matter is not resolved, then any Party
shall be entitled to pursue any legal remedy available.
15.12 Entire Agreement
The Parties agree that this Agreement, including any attached exhibits, constitutes a
single, integrated, written contract expressing the entire understanding and agreement
between the Parties. No other agreement, written or oral, expressed or implied, exists
between the Parties with respect to the subject matter of this Agreement, and the Parties
declare and represent that no promise, inducement, or other agreement not expressly
contained in this Agreement has been made conferring any benefit upon them.
15.13 Amendments
15.13.1 Except as provided in this Section, the Agreement may be amended by the
Board of Directors from time to time in order to carry out the corporate purposes of
the PSERN Operator. Any such modification shall be in writing and executed by the
Chair of the Board of Directors after providing not less than thirty (30) days’ advance
written notice to all Parties of such proposed modification, and upon unanimous
approval of the Board of Directors. However, the following terms of this Agreement
may only be amended in writing after approval of each of the legislative bodies of
Seattle, King County, EPSCA, and Valley Com; however, for purposes of this
legislative determination, EPSCA and Valley Com will each be responsible to
determine what constitutes legislative approval or disapproval from their member
cities, before tendering their single vote on amendment:
a. Expansion of the PSERN Operator’s scope of services or Party funding
obligations described in Section 3.0.
b. The composition of the Board of Directors.
c. Addition of new Parties.
d. Voting rights of members of the Board of Directors.
e. Powers of the Board of Directors.
f. Hold harmless and indemnification requirements.
g. Provisions regarding duration, dissolution, termination or withdrawal.
h. The conditions of this Section.
15.13.2 Nothing in this Section 15.13 shall be construed to require legislative
authority consent for the agreement to serve an additional User Agency.
15.14 Notices
15.14.1 Any notice under this Agreement shall be in writing and shall be addressed
to the Parties as listed below. Any notice may be given by certified mail, courier
delivery, or personal delivery. Notice is deemed given when delivered. Email,
acknowledgement requested, may be used for notice that does not allege a breach
or dispute under this Agreement. Email notice is deemed given when the recipient
acknowledges receipt.
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15.14.2 The names and contact information set forth in this Agreement shall apply
until amended in writing by a Party providing new contact information to each other
Party and the date the amendment is effective.
15.15 Conflicts
15.15.1 In the event that any conflict exists between this Agreement and any
exhibits hereto, the Agreement shall control.
15.15.2 In the event of a conflict between any provision of this Agreement and a
provision of the Implementation Period ILA, the Implementation Period ILA shall
control unless otherwise determined by the Board of Directors pursuant to vote
under Section 4.3.1.
15.16 Choice of Law; Venue
This Agreement and any rights, remedies, and/or obligations provided for in this
Agreement shall be governed, construed, and enforced in accordance with the
substantive and procedural laws of the State of Washington. The Parties agree that the
Superior Court of King County, Washington shall have exclusive jurisdiction and venue
over any legal action arising under this Agreement.
15.17 Severability
The provisions of this Agreement are severable. If any portion, provision, or part of this
Agreement is held, determined, or adjudicated by a court of competent jurisdiction to be
invalid, unenforceable, or void for any reason whatsoever, each such portion, provision,
or part shall be severed from the remaining portions, provisions, or parts of this
Agreement and the remaining provisions shall remain in full force and effect.
15.18 Survival Provisions
The following provisions shall survive and remain applicable to each of the Parties
notwithstanding any termination or expiration of this Agreement and notwithstanding a
Party's withdrawal or removal from this Agreement.
Section 13 Legal Relations
Section 14 Public Records
Section 15.16 Choice of Law; Venue
15.19 Counterparts
This Agreement shall be executed in counterparts, any one of which shall be deemed to
be an original, and all of which together shall constitute one and the same instrument.
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15.20 Execution
This Agreement shall be executed on behalf of each Party by its duly authorized
representative, pursuant to an appropriate motion, resolution, or ordinance of such Party.
IN WITNESS WHEREOF, authorized representatives of the Parties have signed their
names and indicated the date of signing in the spaces provided below.
KING COUNTY CITY OF AUBURN
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title ____________________________
Date ____________________________ Date ____________________________
Attest:
________________________________ ________________________________
City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________
Deputy Prosecuting Attorney City Attorney
CITY OF BELLEVUE CITY OF FEDERAL WAY
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________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title ____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
________________________________ ________________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________
City Attorney City Attorney
CITY OF ISSAQUAH CITY OF KENT
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title ____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
________________________________ ________________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________
City Attorney City Attorney
CITY OF KIRKLAND CITY OF MERCER ISLAND
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________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title ____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
________________________________ ________________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________
City Attorney City Attorney
CITY OF REDMOND CITY OF RENTON
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title ____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
________________________________ ________________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________
City Attorney City Attorney
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CITY OF SEATTLE CITY OF TUKWILA
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title ____________________________
Date ____________________________ Date ____________________________
Attest:
________________________________
City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________
City Attorney City Attorney
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Exhibit A
Cost Allocation Model
For the first year of PSERN System operation, rates to be paid by each User Agency and
Dispatch Center will be computed as provided in this Exhibit A. The PSERN System annual
operating budget and the number of public safety radios, other radios, and consoles will be
known quantities at the time the rates are computed.
Division of Budget Between Radios and Consoles
Percentage of annual budget to be paid with radio user fees = X.
Percentage of annual budget to be paid with console user fees = Y.
X = [83% of employee-related costs in the PSERN System annual operating budget +
annual vendor costs for radio-related equipment] / PSERN System annual operating budget
x 100.
Y = [17% of employee-related costs in the PSERN System annual operating budget +
annual vendor costs for console-related equipment] / PSERN System annual operating
budget x 100.
Public Safety and Other Radio Rates
X% of the PSERN System annual operating budget will be paid with public safety radio rates
and other radio rates combined.
The other radio rate shall be 78% of the public safety radio rate.
X% of PSERN System annual operating budget = [12 x the monthly public safety radio rate
x the number of public safety radios] + [12 x the monthly other radio rate x the number of
other radios].
Console Rates
Y% of the PSERN System annual operating budget will be paid with console rates.
Y% of PSERN System annual operating budget = 12 x the monthly console rate x the
number of consoles.
END OF EXHIBIT A.
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Exhibit B
Polygon Coverage Areas with Added Signal
38
1
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is entered into among the cities of
Auburn, Federal Way, Kent, Renton, and Tukwila, the five member cities that formed
Valley Communications Center, a Governmental Administrative Agency created by
interlocal agreement under Chapter 39.34 RCW (Valley Com).
RECITALS
A. Valley Com is responsible for the ownership, operation and maintenance of
various elements in the current King County Emergency Radio Communications System
(KCERCS), a voice radio system that has been in existence since 1993 and is
increasingly unsupported by the supplier of the system’s equipment, software, and related
repairs.
B. Valley Com, King County, the city of Seattle, and the Eastside Public Safety
Communications Agency (EPSCA) determined that it is in the public interest to implement
a new public safety radio system, the Puget Sound Emergency Radio Network (PSERN),
that will provide public safety agencies and other user groups in the region with improved
coverage and capacity, as well as uniformly high-quality emergency radio
communications.
C. The costs of implementing the PSERN system are financed through a funding
measure approved by voters at the April 2015 election, and the above-mentioned parties
then executed a separate implementation agreement (“Implementation Period ILA”) that
designated King County to be the lead agency to plan, procure, finance, and implement
the PSERN system with the oversight of a joint board established pursuant to the
Implementation Period ILA. Valley Com’s Executive Director has represented the Valley
Com member cities on this joint board, reporting back to the Valley Com Administration
Board, which is comprised of the five mayors from Valley Com’s member cities.
D. The Implementation Period ILA contemplates creation of a new separate
governmental agency under RCW 39.34.030(3)(b) that is organized through an interlocal
agreement as a non-profit corporation under the Interlocal Cooperation Act (Operator
ILA). Once formed, this agency will assume the ownership and control of PSERN during
its useful life. Just as with the Implementation Period ILA, the Operator ILA will be subject
to oversight by a Board of Directors, comprised of one representative each from King
County, Seattle, the Valley Com member cities, and the EPSCA member cities.
E. Under the Operator ILA, Section 4.2.1.4, the Valley Com member cities’
representative will be selected from one mayor or city manager or his/her designee
representing the Cities of Auburn, Federal Way, Kent, Renton and Tukwila. The Operator
ILA also provides that the Valley Com member cities retain the right to determine who will
represent them on the PSERN Board of Directors. The purpose of this MOU is to
designate the manner in which the five Valley Com member cities will select its
representative.
39
2
NOW, THEREFORE, the Valley Com member cities agree to the above Recitals
and the following:
AGREEMENT
1. The five Valley Com member cities authorize the Valley Com Administration
Board to select their representative on the PSERN Board of Directors at the times and
within the constraints established in the Operator ILA. To be eligible to represent the
Valley Com member cities, the selected representative must be a mayor from one of the
member cities. It is understood, but not required, that the Valley Com Executive Director
may act as the representative’s designee on a full-time or an occasional basis, or the
representative may select any other alternate or designee when needed, as provided in
the Operator ILA.
2. Selection of the Valley Com member cities’ representative for the PSERN Board
of Directors shall be only by supermajority vote of the full Valley Com Administration
Board. The regular term of the selected representative shall be two year(s) commencing
on January 1 of even numbered years and ending December 31 of odd numbered years.
3. The Valley Com member cities’ representative on the PSERN Board of Directors
and his/her designee, will comply with all the rights, obligations, and limitations provided
to PSERN Board members through the Operator ILA and this MOU.
4. The Valley Com member cities’ representative on the PSERN Board of
Directors must, at each regular Valley Com Administration Board meeting, report to the
Administration Board on PSERN’s current operational status. The Valley Com member
cities’ representative must, whenever possible and practical, brief the Valley Com
Administration Board on issues the representative determines to be material before voting
on those matters as a PSERN System Board member.
5. Before voting on any PSERN matter that (a) materially expands the scope of
the PSERN system, (b) that materially increases the operational cost of the PSERN
System, (c) or that materially amends the Operator ILA, the Valley Com member cities’
representative on the PSERN System Board of Directors must brief the Valley Com
Administration Board for direction and must vote as a PSERN Board member in
accordance with that direction, which must be provided by at least a majority vote of the
full Valley Com Administration Board.
6. Notwithstanding the preceding Paragraph 5, the Valley Com member cities’
representative, or designee, shall not vote to amend the Operator ILA on matters requiring
legislative approval under Section 15.13.1 of the Operator ILA without affirmative
authority from each cities’ governing body.
6. This MOU will terminate upon the earlier of the expiration or termination of the
separate non-profit governmental agency formed under the Interlocal Cooperation Act
40
3
through the Operator ILA or a Valley Com member city’s withdrawal from Valley Com,
unless terminated earlier by unanimous agreement from the five Valley Com member
cities.
7. This MOU will take effect on the last date signed below.
IN WITNESS, the authorized representatives of the Valley Com member cities have
signed their names and indicated the date of signing in the spaces provided below.
CITY OF AUBURN CITY OF FEDERAL WAY
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title ____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
________________________________ ________________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________
City Attorney City Attorney
CITY OF KENT CITY OF RENTON
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title ____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
________________________________ ________________________________
41
4
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________
City Attorney City Attorney
CITY OF TUKWILA
________________________________
Name ___________________________
Title ____________________________
Date ____________________________
Attest:
________________________________
City Clerk
Approved as to Form:
________________________________
City Attorney
42
Page 1 of 2
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Tukwila City Council
FROM: Jay C. Wittwer, Fire Chief
BY: Jay C. Wittwer, Fire Chief
CC: Allan Ekberg, Mayor, David Cline, City Administrator
DATE: 08/17/2020 & 09/14/20
SUBJECT: 2020 Fire Department 2nd Qrt Report / Follow up
CURRENT STATUS
The Fire Department is reporting on the performance of the 2nd Quarter of 2020. We are providing the
status report for incidents and activities during the 1st and 2nd Quarter of the 2020 budget year. The Fire
Department has met the total adopted budget for Jan 1 to June 30, reflected at 50%. Overtime use is
tracking ($77,802) under projected budget as of June 30, 2020. The Fire Department is projected to be
at or below budget when the final 2020 budget report is provided by the Finance Department. July is not
part of the 2nd quarter we did realize a higher use of overtime, that will be discussed. The focus of this
report is based on performance of service to the community and not as much on budget. The 6 month
review provided by the Mayor, City Administrator and Fire Chief on July 24, 2020 addressed budget in
depth.
BACKGROUND
This is a standard 2nd Qrt Fire Department report.
DISCUSSION
2nd Quarter covers the period through June 2020
As the attached report shows, the Fire Department is providing service to the community as predicted
and within the standards that were adopted by city council in 2019. The Fire Call Trend report, that is
attached, also shows that overall calls are down 19%, which is the affects that Covid-19 has had on the
need for service to our community.
Overtime Usage
One of the key changes in the Fire Department is the reduction in overtime usage from January to
June 2020 as compared to 2019. As the charts show in the attached Power Point, the Fire
Department had already instituted changes to its overtime usage in 2020, which caused significant
savings.
Due to the impacts of COVID-19 and the “Stay Home, Stay Healthy” order, there was an expectation
of reduced revenues as well as reduced calls for service. The first phase of citywide operational
reductions included a directive of no overtime without prior authorization of the Mayor. For the Fire
Department, this meant not using overtime when there is unscheduled leave and to staff an aid car at
Fire Station 52 rather than an engine. This change has resulted in additional savings. It should be
noted that if staffing falls below 12, then overtime is incurred to maintain minimum staffing of 12.
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Page 2 of 2
Throughout 2019, the average overtime usage per month was
$59,629. On average, of this $59,629 monthly overtime cost, $36,342
was for minimum staffing.
In 2020, the average monthly overtime usage in Jan-June had decreased to
$22,764, of which $9,887 was for minimum staffing. July 2020 did realize a total
of $40,344 for all overtime, with $31,346 for minimum staffing. Total overtime
year-to-date is $165,645 (31.0% of the
annual budget and $145.9K under the budget allocated through July). The
Department and City Administration team will make adjustments during the 3rd and
4th quarter, if needed to remain within budget for 2020.
The Fire Department has worked diligently in 2020 to stay within the Council's adopted budget. After 6
months in 2020, the Fire Department has only used 25.5% of its allocated budget for overtime. If this
rate is sustained, overtime usage for 2020 will be on or below budget. The month of July has sustained
an increase in minimum staffing overtime, so that daily staffing levels remain at 12 per shift. This is due
to an increase in unscheduled overtime. The Fire Department Management Team is committed to
monitoring the occurrences of overtime. Adjustments may be needed to remain within the adopted 2020
Fire Department budget.
9/14/20 addition; Page 5, 6 & 13 were adjusted or added to the Power Point to include Dollar
amounts and 90% Percentile reports. As requested by CSS Committee.
FINANCIAL IMPACT
With these changes to the Fire Department budget tracking and adjustment efforts, the overall goal is to
better track costs and to bring the ending fund balance for the Fire Department 2020 budget within the
adopted budget as approved by the City Council. If a budget amendment is requested before the end
of this year, these tracking efforts will bring clarity to the City Council concerning the status of service
levels and the Fire Department Budget.
RECOMMENDATION
This is for discussion only, forward to the COW if CSS determines this is necessary.
ATTACHMENTS
FD 2020 2nd Quarter Power Point Report w/charts
Fire Call Trend July 2020 (updated Aug 4, 2020)
44
Tukwila Fire Department2nd Quarter Report202045
Contents•Call Volume & Average Response Times•Response Type•Apparatus’ Call Volume•Response Times by Station for EMS and Fire•Response 90% Percental•COVID19 Highlights•Administration•Fire Marshal’s Office•Operations•Overtime Usage – Minimum Staffing, FMO, Meetings, Trainings •Goals for the year•Adjusted COVID Goals•Emergency Management46
1st& 2ndQuarter 2020: Call Volume & Average Response Times 050100150200250300350400450Fire Station 51 52 53 542020 2nd Q IncidentsEMSOther0100200300400500600Fire Station 51 52 53 542020 1st Q IncidentsEMSOther2020 1st Q EMS Other Total ResponseTimeFire Station51 261 140 401 7:1252 190 54 244 6:4453 150 82 232 6:5154 394 120 514 5:14Totals 995 396 1391 6:302020 2nd Q EMS Other Total ResponseTimeFire Station51 126 126 199 5:2052 132 60 192 5:4653 111 44 155 6:5854 348 74 422 6:11Totals 717 304 968 6:03
47
1st&2nd2020 Quarter Response TypeCall Type Q 1st Q 2ndFALSE 163 117EMS 995 667Pub Asst 28 45HazMat 21 13Good Int 105 10Fire 67 51Other 12 65Total 1391 9681%12%71%2%1%8%5%7%12%69%5%1%1%5%1ST QRT INSIDE2ND QRT OUTSIDEOtherFALSEEMSPub AsstHazMatGood IntFire48
2020 1st&2ndQuarter 90% PercentileCall Type Q 1st Q 2ndFALSE 163 117EMS 995 667Pub Asst 28 45HazMat 21 13Good Int 105 10Fire 67 51Other 12 65Total 1391 9682019 90% Percentile provided for comparison 49
2020 1st&2ndQuarter 90% Percentile Page 2Call Type Q 1st Q 2ndFALSE 163117EMS 995 667Pub Asst 28 45HazMat 21 13Good Int 105 10Fire 67 51Other 12 65Total 1391 9682019 90% Percentile provided for comparison 50
1st& 2ndQtr2020: All Incidents by Fire Station2020 1st Q 2nd QFire Station51 401 19952244 19253232 15554514 4220100200300400500600Fire Station515253542020 1st & 2nd Q Totals2nd Q1st Q51
COVID19 Highlights1. Total TFD Case Volume in July represented a decrease of 20% compared to July 2019 (Jan, Feb, March, April, May, June averaged a 17% decrease). In other words, July had 5 fewer cases than June 2. EMS continued carrying the case volume metrics lower, with 83 fewer in July and July was 12 fewer Fire cases and 8 fewer Service calls over these same ranges. 3. Year to date through July 31st, total case volume for the Tukwila Fire Department has fallen 17% compared to the same time frame in 2019. This equates to 616 fewer cases. By: Jake Berry4. July 2020 did realize a total of $40,344.00 for all overtime, with $31,346.00 for minimum staffing. Total overtime year-to-date is $165,645 (31.0% of the annual budget and $145.9K underthe budget allocated through July). The Department and City Administration team will make adjustments during the 3rd and 4thquarter, if needed to remain in budget for 2020.Numbers By: Jeff Friend52
AdministrationPublic Safety Bond Update:Apparatus: ~ 1 Pickup Truck ordered(Battalion Chief)Stations: ~ Stn 51: Final Stages – opening End of Aug, 2020~ Stn 52: Behind City Hall, ¾ completed - opening 1st Qtr 2021~ Design Team: Captain Judkins, BC Konieczka, Rachel B., Fire ChiefPolicies: •Updating Fire Department Policies•Adjusted staffing model to address budget, 12 / 13 staffing each shift.Strategic Plan:•Updating 2014 Edition;process underway for2020-202553
AdministrationStaffing Software:•Continuing Telestaff Integration w/new PA codes•Preparing for Fire ESO IntegrationRegional Service:•Valley Comm Finance Committee•Training Consortium Governance Board Chair•King County Fire Chiefs’ Finance Oversight Committee•King County Fire Chiefs’ Education Committee•FDCARES/EMS work groups - on hold because of COVID-19Revenue Sources:•EFR HazMat & Vehicle Incident Responses•EMS Service Contracts - TriMed Ambulance•False Alarm Billing – addressing every shift54
Fire Marshal’s OfficeChief Ben Hayman taken action with many processes in the FMO:PROCESS 1stQrt 2ndQrtFire Plan Reviews 162 137Special Event Projects 6 0Addressing Projects 13 27Fire Investigator Projects 24 11Fire Code Enforcement Issues 16 51Public Record Requests 11 10 Revenues Received for FMO Services $71,253 $48,736 Operational Permits Inspections Conducted 0 0Life Safety Inspections Conducted 0 055
OperationsTrainings Attended: •Pump Academy•JATC•Driver TrainingNew Hires in Academy: •None for Sept 2020 AcademyMentorship ProgramStaffing AdjustmentsCovid-19 Response:PPETrainingIsolation x 2Quarantine x 10
56
Overtime Usage & Minimum StaffingChart created by:Jake BerryProjects listed by % Total57
AAdjusted Overtime Chart – explanationJake BerryI added two rows to the “2020 Overtime” sheet: Seasonality Adjusted Expected Value: this is the amount of overtime that the methodology described below produced. Difference: Seasonality Adjusted Expected Value less the actual value posted in Total Overtime. I found the Seasonality Adjusted Expected Value by taking an average of the percent of total overtime each month accounted for over the last four years. For example January has averaged 10% of each year’s total overtime over the past four years. To find January 2020 expected value, I multiplied 2020’s Adjusted Overtime budget by that 10% to get $39,717. April has accounted for an average of 12% of each year’s total overtime so April 2020’s expected value was $29,212. This method works best for systems that have clear seasonal trends. Our system does not, but it at least gives us an idea of how each month this year compares to the previous four years for that same month. Of course, an external factor such as C19 throws a wrench into nearly any forecasting model. But it still does a much better job than the dismal straight-line forecast. How well does this model work? Taking the standard deviation of each month’s last four years, the seasonality method works really well for some months (May, June, October, November, and December all have a standard deviation less than .03) and poorly for others (January, July, and September all have a standard deviation of at least .06). Based on this alone, we can expect this model to do a good job predicting values for the months with a low Std Dev than we’d expect for month’s with higher StdDevs. Again, external stimuli can still easily wreck this model. 58
Goals For The Year (provisos)1. 2019 Annual report - RCW 35A.92.030 / COMPLETED2. Quarterly reports / 1stand 2ndCompleted3. Mid-year report / COMPLETED4. Third-party consultant budget and management practices / In Process5. Additional revenues / In Process6. To remain within the 2020 adopted budget / In Process
59
Adjusted COVID -19 Goals1. Health of our responders – PPE, education, safety2. Reduce training, except for mandatory or required3. Scrub Fire Budget - approximately $80,0004. Reduce Overtime5. 12 vs 13 Minimum staffing / Aid354 in service6. Hiring Freeze - 2 positions (Administration/Support)7. Working with Local IAFF Local #20888. No Travel
60
Emergency Management / Support ServicesThe Future of Emergency Management: The first quarter of 2020 was supposed to be transition from the Fire Department to the Mayor's Office for emergency management. With the COVID-19 pandemic, everything was quickly re-prioritized, and the focus was instead shifted on safely dealing with the deadly virus instead of transitioning the office.COVID-19:With the sweeping changes across the entire City, it was clear that we would have to change the way we do business to make it through this pandemic. This meant allowing employees work from home if possible, with only essential employees reporting to work. Those that did report to work took their temperature upon arrival and used social distance practices.Social Media/PIO: Tukwila is one of 6 departments in Zone 3 (South King County) that is part of a PIO (Public Information Officer) response team. We are taking our turn on a 24-hour rotation to provide coverage for any large emergency when information is requested or needs to be shared with the public through social media or more traditional means.61
62
pg. 1
Tukwila Fire Department Volume Study
July ’20 Edition
63
pg. 2
Synopsis of Above Metrics
1. Total TFD Case Volume in July ‘20 represented a decrease of 20% compared to July ‘19 (Jan, Feb,
March, April, May, June averaged a 17% decrease). In other words, July ’20 had 105 fewer cases than
July ’19.
2. EMS continued carrying the case volume metrics lower, with 83 fewer in July ’20 than July ’19. There
were 12 fewer Fire cases and 8 fewer Service calls over these same ranges.
3. Year to date through July 31st, total case volume for the Tukwila Fire Department has fallen 17%
compared to the same time frame in 2019. This equates to 616 fewer cases.
4. Be cautious when comparing station-specific trends due to Stn 54’s Aid Car operating out of Stn 52
when staffing is low.
% Change '20 vs '19
Station January February March April May June July YTD Station January February March April May June July YTD
51 -12%11%-19%-47%-47%-23%-24%-23%51 -11%26%-12%-50%-49%-30%-27%-23%
52 5%-1%0%-35%-35%-35%-69%-25%52 3%12%-1%-35%-59%-41%-74%-30%
53 6%-23%-8%-32%-24%-46%-23%-22%53 -6%-7%9%-29%-31%-37%-24%-18%
54 -11%-14%-11%-27%-25%-14%-3%-15%54 -7%-12%-13%-31%-24%-8%-7%-15%
All TFD -7%-6%-10%-27%-26%-26%-20%-17%All TFD -7%4%-6%-28%-32%-24%-22%-17%
Station January February March April May June July YTD Station January February March April May June July YTD
51 -5%-4%-42%-20%-52%0%-18%-21%51 -50%-42%100%-73%17%-31%-14%-32%
52 -7%-22%0%-11%19%-25%-47%-14%52 100%-50%50%-80%700%50%-67%4%
53 83%-9%-44%-10%-24%-57%-14%-17%53 -38%-87%-57%-86%N/A -80%-67%-60%
54 -35%11%63%7%-41%-47%-13%-20%54 -29%-78%-80%-14%33%400%700%-6%
All TFD 3%-8%-22%-9%-21%-31%-10%-15%All TFD -32%-69%-35%-61%100%-13%-31%-34%
Station January February March April May June July YTD Station January February March April May June July YTD
51 -15 12 -22 -50 -59 -27 -32 -193 51 -10 19 -10 -38 -45 -23 -24 -131
52 4 -1 0 -28 -28 -33 -61 -147 52 2 6 -1 -23 -38 -29 -50 -133
53 4 -18 -6 -24 -20 -37 -19 -120 53 -3 -4 5 -17 -21 -19 -13 -72
54 -18 -22 -17 -40 -38 -19 -4 -158 54 -9 -16 -18 -40 -32 -9 -8 -132
All TFD -35 -29 -51 -131 -135 -130 -105 -616 All TFD -28 14 -22 -105 -129 -85 -83 -438
Station January February March April May June July YTD Station January February March April May June July YTD
51 -1 -1 -14 -4 -14 0 -7 -41 51 -4 -5 2 -8 1 -4 -1 -19
52 -1 -4 0 -1 3 -5 -7 -15 52 3 -3 1 -4 7 1 -4 1
53 10 -1 -7 -1 -4 -13 -3 -19 53 -3 -13 -4 -6 5 -4 -4 -29
54 -7 1 5 1 -7 -14 -3 -24 54 -2 -7 -4 -1 1 4 7 -2
All TFD 3 -7 -22 -6 -22 -40 -12 -106 All TFD -10 -33 -7 -19 15 -3 -8 -65
# Change in Case Volume Metrics ('20 vs '19)
Change in Service Case Volume
# Change '20 vs '19
# Change '20 vs '19
Change in Fire Case Volume
Change in Total Case Volume
# Change '20 vs '19
# Change '20 vs '19
Change in EMS Case Volume
Change in Service Case Volume
Change in EMS Case Volume
% Change '20 vs '19% Change '20 vs '19
Change in Fire Case Volume
Change in Total Case Volume
% Change '20 vs '19
% Change in Case Volume Metrics ('20 vs '19)
64
pg. 3
Additional notes:
1. Feb 2020 is a leap month with 3.57% more days than the previous three Febs.
2. Because of their infrequent occurrence, Fire and Service response calls are more subject to wilder “% Changes”
than EMS responses. YTD, we’ve averaged just a few of these types of calls (combined) each day. An increase or
decrease of just one of these types of calls per day would result in a change of about a third. This helps to
explain some of the volatility in the graphs and charts.
3. Station-related metrics are based on “Primary Station”: while more than one station may respond to a single
call, only the station deemed as primary by ValleyCom gets the credit. In some cases, an OSA (Outside
Agency/Mutual Aid) unit will be designated as primary on a call within Tukwila. Those calls are included within
“All TFD” metrics but not within individual Station metrics.
65
pg. 4
66
pg. 5
67
pg. 6
68
pg. 7
69
pg. 8
Year Month Name # Cases Year Month Name # Cases Year Month Name # Cases Year Month Name # Cases
2016 January 482 2016 January 377 2016 January 84 2016 January 21
2016 February 456 2016 February 361 2016 February 65 2016 February 25
2016 March 519 2016 March 392 2016 March 93 2016 March 29
2016 April 464 2016 April 361 2016 April 86 2016 April 16
2016 May 489 2016 May 381 2016 May 85 2016 May 22
2016 June 489 2016 June 352 2016 June 111 2016 June 22
2016 July 535 2016 July 393 2016 July 110 2016 July 29
2016 August 532 2016 August 363 2016 August 140 2016 August 25
2016 September 429 2016 September 326 2016 September 79 2016 September 21
2016 October 483 2016 October 388 2016 October 70 2016 October 25
2016 November 433 2016 November 339 2016 November 73 2016 November 21
2016 December 440 2016 December 329 2016 December 82 2016 December 28
2017 January 448 2017 January 324 2017 January 89 2017 January 34
2017 February 475 2017 February 350 2017 February 66 2017 February 56
2017 March 522 2017 March 407 2017 March 92 2017 March 23
2017 April 459 2017 April 350 2017 April 72 2017 April 36
2017 May 474 2017 May 353 2017 May 100 2017 May 21
2017 June 508 2017 June 390 2017 June 87 2017 June 27
2017 July 526 2017 July 362 2017 July 143 2017 July 19
2017 August 531 2017 August 391 2017 August 111 2017 August 28
2017 September 456 2017 September 338 2017 September 98 2017 September 17
2017 October 477 2017 October 377 2017 October 77 2017 October 20
2017 November 526 2017 November 396 2017 November 95 2017 November 34
2017 December 469 2017 December 372 2017 December 73 2017 December 24
2018 January 475 2018 January 375 2018 January 77 2018 January 21
2018 February 433 2018 February 345 2018 February 56 2018 February 30
2018 March 448 2018 March 360 2018 March 61 2018 March 27
2018 April 447 2018 April 357 2018 April 75 2018 April 13
2018 May 485 2018 May 362 2018 May 101 2018 May 20
2018 June 527 2018 June 380 2018 June 112 2018 June 32
2018 July 489 2018 July 346 2018 July 116 2018 July 24
2018 August 532 2018 August 374 2018 August 142 2018 August 16
2018 September 499 2018 September 379 2018 September 91 2018 September 20
2018 October 487 2018 October 376 2018 October 88 2018 October 23
2018 November 465 2018 November 360 2018 November 73 2018 November 27
2018 December 430 2018 December 352 2018 December 44 2018 December 30
2019 January 504 2019 January 379 2019 January 93 2019 January 31
2019 February 488 2019 February 353 2019 February 83 2019 February 48
2019 March 508 2019 March 386 2019 March 101 2019 March 20
2019 April 477 2019 April 375 2019 April 70 2019 April 31
2019 May 520 2019 May 399 2019 May 104 2019 May 15
2019 June 507 2019 June 350 2019 June 131 2019 June 23
2019 July 533 2019 July 382 2019 July 121 2019 July 26
2019 August 501 2019 August 366 2019 August 102 2019 August 26
2019 September 478 2019 September 365 2019 September 93 2019 September 17
2019 October 453 2019 October 311 2019 October 110 2019 October 29
2019 November 475 2019 November 376 2019 November 69 2019 November 25
2019 December 535 2019 December 424 2019 December 82 2019 December 23
2020 January 469 2020 January 351 2020 January 96 2020 January 21
2020 February 459 2020 February 367 2020 February 76 2020 February 15
2020 March 457 2020 March 364 2020 March 79 2020 March 13
2020 April 346 2020 April 270 2020 April 64 2020 April 12
2020 May 385 2020 May 270 2020 May 82 2020 May 30
2020 June 377 2020 June 265 2020 June 91 2020 June 20
2020 July 428 2020 July 299 2020 July 109 2020 July 18
Total Cases EMS Cases Fire Cases Service Cases
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Call and Response Type Legend
Org. CALL TYPE Literal Call Type Response Type Org. CALL TYPE Literal Call Type Response Type
ACCINF Acc with Inj EMS MINFIR Minor Fir NoThrt Fire
ACCMDF ALS Inj Acc EMS MUTUAL Mutual Request N/A
ACCWAF VehAcc Inv Water EMS NGASIN NatGas Lk Inside Fire
AFA Fire Alarm Fire NGASXT NatGas Lk Outsid Fire
AID Aid EMS NONSTR NonThrt SmallFir Fire
AIDH Aid Call Hazard EMS OBV Obvious EMS
AIDMD Aid Medic EMS ODF Overdose EMS
AIDMDH Aid Medic EMS ODMDF Overdose Medic EMS
AIDSVC Aid Service EMS ODORIN Odor Invest Service
AIDUNK Unknown Aid Call EMS ODORXT Odor Invest Out Service
BARK Beauty Bark Fire Fire POOLF Drowning Medic EMS
BRSH BrushFire No Exp Fire RESCUE Rescue EMS
BRSHEX BrushFire Exp Fire RESFIR Residential Fire Fire
CHIMNE Chimney Fire Fire RIVER River Rescue EMS
CO CO Alarm EMS SERVIC Non Aid Service Service
COMFIR Commercial Fire Fire SHACK Shack Shed Fire Fire
CPR CPR in Progress EMS SHOTMF Shooting Medic EMS
CPRF CPR in Progress EMS SMOKXT Smoke Invest Out Fire
DERAIF Train Derailment EMS SPILL Flammable Liquid EMS
DROWNF Drowning EMS STABF Stabbing EMS
DUMP Dumpster No Exp Fire STABMF Stabbing Medic EMS
DUMPEX Dumpster Exp Fire STORM Storm Service
ELECTR Electrical Fire Fire SUSFIR Poss Arson Out Fire
EXPLOS Explosion No Fir Fire SWFA Swfa Service
HZINV Haz Mat Invest EMS UNKFIR Unk Type Fire Fire
HZLEAK Haz Mat Leak EMS VEHCOM Comm Veh Fire Fire
ILBURN Illegal Burn Fire VEHEX Veh Fire W/Expo Fire
INFOF Info - Non Disp N/A VEHPAS Pass Veh Fire Fire
MCI1F MCI EMS WASH Washdown Service
MEDIC MEDIC Mutual Aid EMS WIRES Power Lines Down Service
71
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City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Tukwila Community Oriented Policing Citizen Advisory Board
FROM: Bruce Linton, Chief of Police
BY: Bruce Linton, Chief of Police
CC: Mayor Ekberg
DATE: 06/19/2020
SUBJECT: Tukwila Police Use-Of-Force Policy Review
ISSUE
The #8CantWait police use-of-force reform proposal and campaign has been
communicated and shared across the country at the speed of social media in the 21st
century. Many agencies are scrambling to adopt significant changes to their use-of-
force policies to meet the demands of their respective communities, while agencies with
foresight have been making minor adjustments to fully address the rapidly evolving
movement towards change. If you are an agency that embraced 21st Century Policing
five years ago, you are way ahead in the race to effect change in the six pillars of 21st
Century Policing.
Who initiated this doctrine and when did you begin working on it?
I intend to work in parallel with the Community Services and Safety Committee as I
review and (when necessary) adjust the current Tukwila Use-of-Force Policies in
consideration of the communicated reform proposals. A copy of the Tukwila Police
Department Policy is attached absent the recent directive suspending the use of the
Vascular Neck Restraint (VNR) except when an officer is faced with a deadly force
situation.
Was the rethinking of using this technique in direct relation to the incident that
happened nationally?
The Tukwila Police Department uses the Lexipol policy for the State of Washington.
Lexipol provides fully developed, state-specific law enforcement policies researched
and written by subject matter experts and vetted by attorneys. Policies are based on
nationwide standards and are the leading content, policy and training platform for public
safety and local government, enabling first responders and leaders to better protect
their communities and reduce risk. (Policy Attached)
During the use-of-force policy review, I intend to review and consider recommendations
from the 2017 National Consensus Policy and Discussion Paper on Use of Force.
(Attached).
BACKGROUND
President Obama’s Task Force on 21st Century Policing report features 6 pillars:
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1. Building Trust & Legitimacy
2. Policy and Oversight
3. Technology & Social Media
4. Community Policing & Crime Reduction
5. Training & Education
6. Officer Wellness & Safety
Since 2016, The Tukwila Police Department have embraced this philosophy that
essentially is foundational to today's discussion on police reform. If you look at the
police department goals during the last three years of my tenure, you will notice a
common theme where each year at least several pillars were representative of the goals
selected.
Surveying the environment, anticipating change, and setting a course to navigate that
change has been our strategic roadmap. As we examine our policies and practices,
balanced against the #8CantWait police reform proposal, I can report that we are on the
right path. I will not stop moving forward because I believe there is always room for
improvement.
THE #8CantWait police reform proposal calls for:
1. The banning of chokeholds and strangleholds.
2. Required de-escalation using communication, distance, and eliminating the
need to use force.
3. Required verbal warning before shooting at a civilian.
Why was this not a policy before?
4. Requirement to exhaust all other reasonable means before resorting to deadly
force.
What are some examples of alternative means to deadly force?
5. Required intervention by officers to stop excessive use of force and required
reporting of these incidents to a supervisor.
6. Banned shooting at moving vehicles, which can be a dangerous and ineffective
tactic.
We have seen officers in other cities shoot at suspects through their patrol vehicle
windshield, what is the policy for TPD?
7. Required use of force continuum that limits the types of force/weapons that can
be used to respond to specific types of resistance. 74
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What other weapons are you referring to? Is there a guide for officers on when to
use certain weapons at their disposal?
8. Required comprehensive reporting when force is used against civilians.
An analysis grounded in the 21st Century pillars will show that The Tukwila Police
Department Policies on the use-of-force are balanced and addressees each of the
#8CantWait reform proposals.
ANALYSIS:
GUIDING PRINCIPLES OF THE TUKWILA USE-OF-FORCE POLICY:
As stated in our policy manual, the department recognizes and respects the value of all
human life and dignity without prejudice to anyone. Vesting officers with the authority to
use reasonable force and to protect the public welfare requires monitoring, evaluation,
and a careful balancing of all interests.
The Tukwila Police Department use-of-force policy guidelines provide a basis for
officers to make professional, moral, and legal decisions based on a reasonable
standard set by the U.S. Supreme court.
The constitutional requirement for the use-of-force by an officer calls for an objective
reasonableness standard. Proper and reasonable use of force is measured by the
leading case on use of force which is the 1989 Supreme Court decision in Graham v.
Connor. The Court held, “…that all claims that law enforcement officers have used
excessive force – deadly or not – in the course of an arrest, investigatory stop, or other
seizure of a free citizen should be analyzed under the Fourth Amendment and its
objective reasonableness standard…” This standard is evaluated by a three-pronged
test.
Officers are sworn to protect and uphold the Constitution, what steps are being taken to
ensure officers protect the Constitutional rights of the citizenry when performing their
duties serving the public? Is there training to make sure officers understand when they
potentially could be in violation of the Constitution? Is there punishment to those who
woefully violate the Constitution rights of citizens?
1. The severity of the crime at issue
2. Whether the suspect poses an immediate threat to the safety of the officers or
others
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3. Whether the suspect is actively resisting arrest or attempting to evade arrest
by flight
Other factors used to determine the reasonableness of force is listed in the Tukwila
policy manual under 300.3.2.
The #8CantWait police reform proposals, along with other important topics are
addressed in the following paragraphs:
USE-OF-FORCE CONTINUUMS:
The National Consensus Policy on Use of Force clearly communicate the pitfalls of use-
of-force continuums beginning with the use of the term “continuum.” It is often
interpreted to mean that an officer must begin at one end of a range of use-of-force
options and then systematically work his or her way through the types of force that
follow on the continuum, such as less-lethal force options, before finally resorting to
deadly force. To maintain the safety of both the officer and others, an officer might need
to transition from one point on the continuum to another, without considering the options
in between in a linear order. For instance, when faced with a deadly threat, it is not
prudent to expect an officer to first employ compliance techniques, followed by an
electronic control weapon, and only then use his or her firearm. For this reason, the use
of a continuum is strongly discouraged. Instead, force models are preferred that allow
officers to choose a level of force that is based on legal principles, to include the option
of immediately resorting to deadly force where reasonable and necessary. The Tukwila
Police Department does not use or recommend a use-of-force continuum. The
constitutional requirement for the use-of-force by an officer calls for an objective
reasonableness standard.
Officers spend quite a bit of time training with their service weapon, if TPD wants to
instill alternate forms of subduing suspects what is TPD stance on spending equal
amounts of training that involves de-escalation and non-lethal weapons?
BODY-WORN CAMERAS:
The Tukwila Police Department led the way for the full implementation of the bodycam
in 2017 after we partnered with Axon to complete a national pilot program which
integrated in-car video, bodycams and taser deployments. We led the way in the state
of WA with full implementation because it was important to the agency to maintain a
level of transparency with our diverse community with the focus on building trust.
What happens when officers turn off their body cameras while in the presence of
suspects? What’s to ensure that apprehension of suspects and carrying out of their
duties are captured on camera? Are searches of suspects and suspects property done
while cameras are on?
USE-OF-FORCE TRACKING & STATISTICS:
We believe that after the bodycam implementation in 2017, we saw a 50% reduction in
the use-of-force. Careful monitoring over the years provides for the basis of training and
adjustment in our use-of-force practices. Monitoring begins with a review of each
officer’s use of force, first by the supervisor, then the command staff. Each use of force
is logged into The Administrative Investigations Management (AIM) database where all
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uses of force, complaints and Internal Investigations are completed and saved. The use
of the database allows for easy retrieval of statistics and more importantly, there is an
early warning/intervention component designed to alert command staff of an officer’s
use of force that meets a certain criterion set by the agency.
Can officers gain access to their body cam footage? If so, what’s to ensure that
inappropriate activities captured on cameras are not destroyed? Do officers have to log
and document interactions with the public when they do so in an official capacity? Is
there random review of camera footage by supervision to ensure officers are adhering
to police policy?
DUTY TO INTERCEDE:
Tukwila Police policy states that, in addition to making the scene secure, officers
present have a duty to intercede if they witness excessive force. If an officer believes
another officer use or is using force that does not appear reasonable, they need to bring
the situation to a safe resolution and report the use of force to a supervisor.
Officers may have problems or reservations reporting on fellow officers, how is the TPD
going to address this issue?
CRISIS INTERVENTION TACTICS:
Officers should consider that taking no action or passively monitoring the situation may
be the
most reasonable response to a mental health crisis.
Once it is determined that a situation is a mental health crisis and immediate safety
concerns have been addressed, responding members should be aware of the following
considerations and should generally:
• Evaluate safety conditions.
• Introduce themselves and attempt to obtain the person’s name.
• Be patient, polite, calm, courteous and avoid overreacting.
• Speak and move slowly and in a non-threatening manner.
• Moderate the level of direct eye contact.
• Remove distractions or disruptive people from the area.
• Demonstrate active listening skills (e.g., summarize the person’s verbal
communication).
• Provide for sufficient avenues of retreat or escape should the situation become
volatile.
Responding officers generally should not:
• Use stances or tactics that can be interpreted as aggressive.
• Allow others to interrupt or engage the person.
• Corner a person who is not believed to be armed, violent or suicidal.
• Argue, speak with a raised voice, or use threats to obtain compliance.
The demands of Officers can be quite overwhelming when dealing with mental health
crisis. Do officers have the ability to contact health care specialists to assist in resolving
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issues with the public when needed? What’s the policy on calling those resources in
when needed?
FORCE DE-ESCALATION:
The agency has been forward leaning in force de-escalation. During the conversation
regarding I-940, the legislative mandate for the de-escalation of force, we resourced
and coordinated a mandatory de-escalation training taught by a National Leading Law
Enforcement Consulting Firm.
Our goal during 2018 was to build trust and legitimacy through community engagement.
As we moved forward in making great strides in our efforts to reduce uses-of-force
within the Tukwila Police Department, we recognized that de-escalation training and
tactics is an important line of effort in reducing use-of-force incidents.
After the Law Enforcement Training and Safety Act (LETSA) was passed, Tukwila
Police Department registered three Scenario-Based Trainers to attend the first iteration
of the Criminal Justice Training Commission (CJTC) Patrol Tactics Instructor Course
geared to teach officers the tactics of integrating de-escalation training into the use-of-
force curriculum. Our recently certified instructors are working on current programming
and I expect the first 8-hour module will be approved by the CJTC and trained in the 3rd
quarter of 2020. If this timeline is accomplished, I believe we will (again) lead the state
in LETSA de-escalation training requirements. Clear language will be added to the
policy directing de-escalation tactics as required by the state mandated LETSA.
What does the long-term training look like for officers getting supplemental training? Is
there consideration with providing officers some type of compensation for this increased
training? For example, if officers were designated for SWAT, they would receive an
increase in pay. If officers can get a designation reflecting this training and were to be
compensated, there may be more incentive to receive and maintain proficiency in this
training.
LESS LETHAL FORCE:
Tukwila Less lethal force options range from impact weapons, launched chemical
weapons, Oleoresin Capsicum (OC)/Pepper Spray, Kinetic Energy Projectiles/Weapons
and Conducted Energy Weapons (Tasers) and use of impact weapons such as the
baton or Kinetic Energy Weapons such as less lethal launched impact rounds.
This department is committed to reducing the potential for violent confrontations. Kinetic
energy projectiles, when used properly, are less likely to result in death or serious
physical injury and can be used to de-escalate a potentially deadly situation
Use of impact weapons, kinetic energy weapons, the Taser in the probe mode and the
use of OC constitute a significant level of force that must be justified by a strong
governmental interest that compels the employment of such force.
A verbal warning of the intended use of the device should precede its application unless
it would otherwise endanger the safety of officers or when it is not practicable due to the
circumstances. The purpose of the warning is to give the individual a reasonable
opportunity to voluntarily comply and to warn other officers and individuals that the
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Officer's may use CED's in the following circumstances:
1. When a subject causes an immediate threat of harm to officers or others; or
2. When public safety interests dictate that a subject must be taken into custody,
and the level of resistance presented by the subject is likely to cause injury to the
officer or the subject if hands-on control tactics are used.
Mere flight from a pursuing officer without other known circumstances or factors, is not
good cause for the use of the CED to apprehend an individual.
Training in the proper and ethical use of all less lethal force options is required prior to
use.
We have witnessed in other cities officers using non-lethal weapons on the public in
ways not intended by the manufacturer. Examples being firing rubber bullets at citizens
head or directly into the body, what steps does TPD have to ensure that officers use
these weapons as intended. Are commanders responsible for the actions of their
officers?
VASCULAR NECK RESTRAINT:
A choke hold is the physical restriction of a person’s airway which disrupts their
breathing. A lateral vascular neck restraint (VNR) is not a choke hold; regardless, it is
confused with the term “choke hold.” A VNR is the temporary disruption of the blood
flow to the brain by compression of the carotid arteries. It normally takes 4-10 seconds
with proper application to render a person unconscious which allows for safe compliant
handcuffing avoiding injury to the officer and arrestee. Regardless of the success of
this safe technique, the negative response from the community regarding its use (often
purported as a “choke hold”) has made its use untenable.
I suspended the VNR pending a full review and potential adjustment in consideration of
the concerns surrounding its use unless the officer's life is at risk. When trained and
used properly, the VNR allows an officer to safely take a resistive/assaultive subject into
custody without having to use other intermediate level force such as punches, baton
strikes, Taser applications, or impact weapons, which are all less lethal options. VNR
when professionally trained and applied by a skilled officer and regulated, will
temporarily subdue the combative subject resulting in no injuries to officers and the
arrestee.
Continued use of the VNR will be difficult if not impossible; however, I believe law
enforcement will lose a viable de-escalation tool because of mis-information associated
with improper and untrained use of the variant called the “choke hold” which resulted in
the deaths of several subjects.
What sort of feedback are officers relaying back to their commanders regarding this
policy change?
DEADLY FORCE APPLICATIONS:
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The Tukwila Police policy states that deadly force is justified to protect oneself or others
from what he/she reasonably believes would be an imminent threat of death or serious
bodily injury.
An officer may use deadly force to stop a fleeing subject when the officer has probable
cause to believe that the person has committed, or intends to commit, a felony involving
the infliction or threatened infliction of serious bodily injury or death, and the officer
reasonably believes there is an imminent risk of serious bodily injury or death to any
other person if the subject is not immediately apprehended.
Under the above circumstances, a verbal warning should precede the use of deadly
force, where feasible.
What is TPD policy when deadly force is used, is there a review process, who is
involved, is it just TPD staff or is there a civilian observer there as well?
SHOOTING AT OR FROM MOVING VEHICLES:
Shots fired at or from a moving vehicle are rarely effective. Tukwila Police use-of-force
policy states that, Officers should move out of the path of an approaching vehicle
instead of discharging their firearm at the vehicle or any of its occupants.
An officer should only discharge a firearm at a moving vehicle or its occupants when the
officer reasonably believes there are no other reasonable means available to avert the
threat of the vehicle, or if deadly force other than the vehicle is directed at the officer or
others.
Officers should not shoot at any part of a vehicle to disable the vehicle.
TPD from this statement appears to be saying that when shooting at a vehicle, it is with
the intent of killing the driver/suspect, is that accurate?
REPORTING THE USE OF FORCE:
Any use of force by a member of this department shall be documented promptly (by the
end of shift, unless approved by a supervisor), completely and accurately in a case
report and on a Use of Force Report form.
What is the process afterwards, is there an investigation?
APPLICATION OF HANDCUFFS:
Handcuffs, including temporary nylon or plastic cuffs, may be used only to restrain a
person’s hands to ensure officer safety. Although recommended for most arrest
situations, handcuffing is discretionary and not an absolute requirement of the
Department. Officers should consider handcuffing any person they reasonably believe
warrants that degree of restraint. However, officers should not conclude that to avoid
risk every person should be handcuffed regardless of the circumstances.
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What is the policy on vehicle stops, officers in other cities routinely remove motorists
from vehicles and place them in handcuffs, what is TPD’s policy on vehicle stops? Is
there de-escalation training regarding vehicle stops?
While conducting non-compliant handcuffing where a subject is face down on the
ground, officers shall not place a knee on the subject’s neck. A knee can be placed on
the upper portion of the subject back while most of the officer’s body weight is
concentrated on the opposite knee resting on the ground. This technique avoids
damage to the subject’s neck caused by prolonged compression while it assists with
stabilizing a non-compliant subject while speedily applying restraints. As soon as the
restraints are applied, the subject should be assisted up and placed in a sitting position
inside of a vehicle.
ANNUAL MANAGEMENT ANALYSIS OF THE USE OF FORCE:
The commander with oversight of the use-of-force training cadre shall compile and
analyze the data from use-of-force reports. The intent of the analysis is to identify
patterns or trends that could indicate training needs or policy modifications. A report of
this analysis shall be prepared for Assistant Chief of Police.
What is the policy on officers with many uses of force complaints from citizenry? Is there
a policy to ensure officers who don’t meet the standards are removed from duty?
RENDERING MEDICAL AID:
Medical aid shall be obtained for any person who exhibits signs of physical stress, who
has sustained a visible injury, or expresses a complaint of injury or continuing pain, or
who was rendered unconscious. Any individual exhibiting signs of physical distress after
an encounter should be continuously monitored until he/she can be medically assessed.
RESPONSIBILITIES FOR IMMEDIATE MEDICAL CARE:
Whenever practicable, members should take appropriate steps to provide initial medical
aid (e.g., first aid, CPR and use of an automated external defibrillator (AED)) in
accordance with their training and current certification levels. This should be done for
those in need of immediate care and only when the member can safely do so.
Are officers trained in providing Medical Aid? Can officers on-scene refuse to provide
aid?
RECOMMENDATION
What police need is support in the following areas.
1. Funding for cognitive/emotional intelligence training such as the Cognitive
Command C2 training for officers. Cognitive training has scientifically proven
that an officer’s mental faculties are pragmatically more important than the
weapons on her or his tool belt and it can improve an officer’s control of self,
others, and the environment during a critical situation to improve officer/citizen
safety.
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2. Funding the integration of Mental Health Professionals in our patrol function to
respond to persons in crisis who are suffering from Mental Illnesses with the
intent to unburden the police as opposed to defunding the police.
3. Funding to support the integration of the legislative mandated training because of
LETSA. LETSA calls for 24 additional hours of training in scenario-based de-
escalation training and 16 hours of implicit bias, Crisis Intervention, and other
training such as Cognitive Command Training.
There is generally a negative stigma from officers and their colleagues when asking for
help in relation to mental counseling. Are there thoughts on making it mandatory that
officers visit health care professionals periodically and passing an evaluation before
resuming their duties?
We have seen officers in other cities cover their badge number while performing their
duties. What is the policy regarding this? Officers generally have their name printed on
their chest, is there a way to have their badge number embroidered on their uniform in
the same fashion?
We have seen law enforcement in other cities in riot gear with no discernable
identification. Can TPD consider making it mandatory for officers to affix a large printed
patch that shows their name and has their badge number visible for the public? On their
helmet as well?
What are the criteria for the use of tear gas? If used, who is held accountable for its
use? Who makes the decision to use tear gas?
The need for additional training is paramount but also costs money. It is the opinion of
some, that one well-trained officer can in most circumstances equal the value of two or
more officers. Is the city making the resources available to TPD to be able to implement
the additional training needed to make the department better?
Has the city investigated pay increases to officers in leu of additional personnel?
Attachments:
Tukwila Police Department Policy Manual
The National Consensus Policy on Use of Force
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