HomeMy WebLinkAboutPS 2018-08-06 COMPLETE AGENDA PACKETCity of Tukwila
Public Safety committee
O Kathy Hougardy, Chair
O Dennis Robertson
O Thomas McLeod
AGENDA
MONDAY, AUGUST 6, 2018 — 5:30 PM
HAZELNUT CONFERENCE ROOM
(At east entrance of City Hall)
Distribution:
K. Hougardy
D. Robertson
T. McLeod
V. Seal
Mayor Ekberg
D. Cline
C. O'Flaherty
L. Humphrey
Item
Recommended Action
Page
1. PRESENTATION(S)
2. BUSINESS AGENDA
a. Amendment to contract with BNBuilders for demolition
a. Forward to 8/6 Regular
Pg.1
services.
Mtg.
Rachel Bianchi, Communications and Government Relations
Manager
b. Legal and Prosecution Services:
b. Forward to 8/20 Consent
Pg.9
1. Authorize the Mayor to sign Amendment No. 1
to contract #16-183 with Kenyon Disend, PLLC,
to discontinue prosecution.
Agenda.
2. Authorize the Mayor to sign a contract with the
Walls Firm for prosecution services effective
September 1, 2018 through December 31, 2018.
David Cline, City Administrator
c. A proposal for red light cameras.
c. Forward to 8/13 C.O.W.
Pg.23
Bruce Linton, Police Chief; and
and 8/20 Regular Mtg.
Bill Devlin, Traffic Sergeant
d. Fire Department Lock Box Program.
d. Discussion only.
Pg.45
Don Tomaso, Fire Marshal
3. MISCELLANEOUS
4. ANNOUNCEMENTS
Next Scheduled Meeting: Monday, August20, 2018
SThe City of Tukwila strives to accommodate individuals with disabilities.
Please contact the City Clerk's Office at 206-433-1800(TukwilaCitvClerkl&TukwilaWA.aov) for assistance.
K� CityofTukwilaTukwila�'�������
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Public Safety Committee
FROM: Rachel Bianchi, Communications and Government Relations Manager
CC: Mayor Ekberg
DATE: July 3O\3018
SUBJECT: GCICM Contract Amendment No. 2 for the Justice Center
ISSUE
In April 2018 the City acquired the property located at 14835 Tukwila International Boulevard
(^JC-9^)for the Justice Center project. AnnendmentNo.2toBNBui(dere'contnaotvvnu|do||ovv
for demolition ofthe existing vacant building onthis property.
BACKGROUND
JC-B is o 1O.785square foot parcel, with a 0.00Usquare foot building and associated parking on
the site. The building is vacant and has been unoccupied for an extended period of time.
Previous tenants of the building included a restaurant and driving school. Cfthe buildings being
acquired as part of the Justice Center location, this is the only building that does not have
tenants and iovacant.
Both the City's Police Department and Code Enforcement has incidents, calls for service, and
actions related bzthe property. Small fires have been set inthe rear ofthe building. Despite
signs saying "No Trespassing" individuals keep going on the property and though the building
has been secured, there is evidence of squatters' use of the building, including considerable
human waste and trash. Based onthese risks, the City believes the building poses on
immediate and continued threat to public safety and should be demolished as soon as possible.
The necessary work includes biohazards cleanup, rodent control, hazardous building materials
aboternerd, and building demolition. BNBuilders. theCitv's General Cnntnaotor/ConotnuoUon
Manager (GC/CM), has received competitive bids for the demolition and associated work and is
ready toaward subcontracts pending Council action.
The demolition and associated work isincluded inthe revised project budget for the Justice
Center. The contractor is hoping to begin demolition on Monday, August 13, 2018.
The contract amendment was prepared by the City's outside legal counsel and reviewed by the
Cit/eproject nnonaQennentconsuhordandthaCounui|'eP jeotKXanagernentC)ua[itvAoounanco
consultant,
RECOMMENDATION
The Public Safety Committee (sasked toapprove the contract amendment. The staff asks that
the contract amendment be moved to the full Council meeting on August 6, 2018 to facilitate the
demolition ofthe building assoon aopossible.
ATTACHMENTS
BNBuildemContract Amendment No. 2
1
/
2
Init.
Document Al 33T" - 2009 Exhibit A
Guaranteed Maximum Price Amendment
for the following PROJECT:
(Name and address or location)
Tukwila Justice Center
Tukwila WA
THE OWNER:
(Name, legal status and address)
City of Tukwila
6200 Southcenter Boulevard
Tukwila WA 98188
THE CONSTRUCTION MANAGER:
(Name, legal status and address)
BNBuilders, Inc.
2601 Fourth Ave
Suite 350
Seattle, WA 98121
ARTICLE A.1
§ A.1.1 Total Contract Cost
Pursuant to Section 2.2 of the Agreement, the Owner and Construction Manager hereby
amend the Agreement to establish a Maximum Allowable Construction Cost (MACC),
Total Contract Cost (TCC) and terms governing a specified scope of work related to early
abatement and demolition of a single nuisance building in the JC-9 parcel, which is one of
several parcels for the future Justice Center ("JC;-9 Early Abatement and Demolition
Scope"). As agreed by the Owner and Construction Manager, the Total Contract Cost is an
amount that the Contract Sum shall not exceed. The Total Contract Cost consists of the
MACC (including the Construction Cost, Negotiated Support Services, and MACC
Contingency); the Fixed Fee; the Fixed Amount for Specified General Conditions work;
and applicable Washington State sales tax.
§ A.1.1.1 The Total Contract Cost for the JC-9 Early Abatement and Demolition Scope,
including Washington State Sales Tax is guaranteed by the Construction Manager not to
exceed One Hundred Thirty -Four Thousand Five Hundred Seventy -One Dollars ($
134,571 ), subject to additions and deductions by Change Order as provided in the
Contract Documents.
§ A.1.1.2 Itemized Statement of the Total Contract Cost. Provided below is an itemized
statement of the Total Contract Cost for the JC-9 Early Abatement and Demolition Scope
organized by its component parts:
ADDITIONS AND DELETIONS:
The author of this document has
added Information needed for its
completion. The author may also
have revised the text of the original
AIA standard form. An Additions and
Deletions Report that notes added
information as well as revisions to the
standard form text is available from
the author and should be reviewed. A
vertical line in the left margin of this
document indicates where the author
has added necessary information
and where the author has added to or
deleted from the original AIA text.
This document has Important legal
consequences. Consultation with an
attorney is encouraged with respect
to its completion or modification.
AIA Document A201 T"-2007,
General Conditions of the Contract
for Construction, is adopted in this
document by reference, Do not use
with other general conditions unless
this document is modified,
AIA Document A133' - 2009 Exhibit A. Copyright 0 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA"
Document Is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA5 Document, or any 1
portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taw. This document was
produced by AIA software at 13:20:51 on 07/30/2018 under Order No.3600792784 which expires on 08/30/2018, and is not for resale.
User Notes: (810168144)
3
init.
Specified General Conditions
$25,818
Maximum Allowable Construction Contract (MACC)
Construction Total
$83,539
Negotiated Support Services (NSS)
$6,296
MACC Contingency @ 2.5%e
$2,088
GC/CM Fixed Fee @ 5% (Fee is not allowed on the Specified General
Conditions, or Preconstruction Allowance)
$4,596
TOTAL CONTRACT COST (Excluding WSST)
$122,337
Washington State Sales Tax
$12,234
Sum
$134,571
(Paragraphs deleted)
§ A.1.1.2.1 The Preconstruction Services NTE Limit, as previously agreed to by the parties, is:
To be stated in the GMP Amendment for the full scope of the Work.
§ A.1.1.3 The Total Contract Cost for the JC-9 Early Abatement and Demolition Scope is based on the following
alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates. If the Contract Documents permit the Owner to
accept other alternates subsequent to the execution of this Amendment, attach a schedule of such other alternates
showing the amount for each and the date when the amount expires.)
Not applicable.
§A.1.1.4 Allowances included in the Total Contract Cost, if any:
(Identify allowance and state exclusions, if any, from the allowance price.)
Item Price ($0,00)
Not applicable. Not applicable.
§A.1.1.5 Assumptions, if any, on which the Total Contract Cost is based:
Not applicable.
§ A.1.1.6 The Total Contract Cost is based upon the following General Conditions:
AIA Document A201 — 2007. General Conditions of the Contract for Construction, as modified
(Table deleted)
§ A.1.1.7 The Total Contract Cost is based upon the following Specifications:
(Either list the Specifications here, or refer to an exhibit attached to this Agreement.)
Not applicable.
Section Title Date Pages
§ A.1.1.8 The Total Contract Cost is based upon the following Drawings:
(Either list the Drawings here, or refer to an exhibit attached to this Agreement.)
Not applicable.
Number
Title Date
§ A.1.1.9 The Total Contract Cost is based upon the following other documents and information:
(List any other documents or information here, or refer to an exhibit attached to this Agreement.)
AIA Document A133"' - 2009 Exhibit A. Copyright 431991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA4
Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AiAe Document, or any 2
portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was
produced by AIR software at 13:20:51 on 07/30/2018 under Order No 3600792784 which expires on 08/30/2018, and is not for resale
User Notes: (810168144)
4
Init.
See BNBuilders Building System Summary / contract package attached hereto as Exhibit A.
ARTICLE A.2
§ A.2.1 Substantial Completion Dates
The required date for Substantial Completion of the 1C-9 Early Abatement and Demolition Scope established by this
Amendment:
September 14, 2018
§ A.2.2 Physical Completion Dates
The required date for Physical Completion of the .IC-9 Early Abatement and Demolition Scope established by this
Amendment:
Not applicable.
§ A.2.3 Final Completion Dates
The required date for Final Completion of the JC-9 Early Abatement and Demolition Scope established by this
Amendment:
Not applicable.
§ A.2.4 Construction Schedule
Construction Manager's Construction Schedule, current as of the date of this Guaranteed Maximum Price Amendment
No. 2. is attached.
ARTICLE A.3 Key Personnel
The following named key personnel shall remain assigned for the duration of the Project unless otherwise agreed to in
writing by Owner:
Project Manager: Geri tirhas
Project Superintendent: David Cantrell
Project Engineer: To he assigned.
OWNER (Signature) CONSTRUCTION MANAGER (Signature)
(Printed name and title) (Printed name and title)
AIA Document A133'" — 2069 Exhibit A. Copyright ® 1991, 2003 and 2009 by The American institute of Architects. All rights reserved. WARNING: This AIA'
Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any 3
portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was
produced by AIA software at 13:20:51 on 07/30/2018 under Order No,3600792784 which expires on 08/30/2018, and is not for resale
User Notes: (810168144)
5
EXHIBIT A
I. BNBuilders — Building System Summary for JC-9 Early Building Demolition and Tukwila
Justice Center Construction Schedule.
DLR Group — Architecture/Engineering— Site Plan for Parcel JC-9 Building Demolition.
3. Sound Earth Strategies — Hazardous Building Materials Survey Report for Parcel JC-9
(incorporated by reference).
(AJH1763738.DOCX;1/05720.000002/I
6
BNB
BNBuilders
PROJECT: JUSTICE CENTER
OWNER: CITY OF TUKWILA
ARCHITECT: DLR GROUP
Building System Breakdown
EXHIBIT A Building System Summary
ESTIMATE TYPE: EARLY WORK
ISSUE DATE: 7/20/2018
JC-9 Early Bldg Demo (Jul/Aug '18)
5M-PMRE:v,
Al 0 - Foundations
A20 - Basement Construction
B10 - Superstructure
B20 - Exterior Enclosure
B30 - Roofing
C10 - Interior Construction
C20 - Stairs
C30 - Interior Finishes
D10 - Conveying
D20 - Plumbing
D30 - HVAC
D40 - Fire Protection
D50 - Electrical
El 0 - Equipment
E20 - Furnishings
F10 - Special Construction
F20 - Selective Building Demo
G10 - Site Preparation
G20 - Site Improvements
G30 - Site Mech Utilities
G40 - Site Elec Utilities
G90 - Other Site Construction
Direct Construction Costs (DCC)
Design / Estimating Contingency
Escalation
Negotiated Support Services
Trade Package Bonds (See Sub Plan)
MACC Contingency (%-DCC + Des + Esc + TP)
Maximum Allowable Construction Cost (MACC)
Location 00
o
-
$ -
-
0
$ -
-
$ -
0
-
$ -
-
0
$ -
$ -
$ -
0
$ -
$ -
-
0
$ -
$ -
_
0
$ -
$ -
_
0
$ -
$ -
-
0
$ -
$ -
$ -
0
$ -
$ -
$ _
0
$ -
$ -
$ -
0
$ -
$ -
$ _
0
$ -
$ -
$ _
0
$ -
$ -
$ _
0
$ -
$ -
$ -
0
$ -
$ -
$ -
6,600
$ 12.66
$ 12.66
$ 83,539
$ -
0
$ -
$ -
0
$ -
$ -
$ -
0
$ -
$ -
$ -
0
$ -
$ -
$ -
0
-
-
$ -
$ 12.66
$83,539
NOT APPLICABLE
NOT APPLICABLE
SEE EST DETAIL
6,296
NOT APPLICABLE
2.50%
2,088
$ 13.93 $91,923
Contractors Fee (% of MACC - Bid %)
Specified General Conditions
Specified General Conditions
GC/CM Performance & Payment Bond
BNB Insurances
B&O Taxes
Preconstruction Services
Total Contract Costs (TCC)
Washington State Sales Tax
Guaranteed Maximum Price (GMP)
$ per GSF / Component GSF
5.00%
(Early Work Extra)
Add'I MACC Value
$ 4,596
25,818
Included w/Fee
Included w/Fee
Included w/Fee
Owner (Bid) Value
$ 18.54 $ 122,338
10.000%
12,234
$ 134,571
$ 20.39 6,600
CONFIDENTIAL
7
8
TO:
City of Tukwila
Allan Ekberg. Mayor
INFORMATIONAL MEMORANDUM
Mayor Ekberg
Public Safety Committee
FROM: David Cline, City Administrator
DATE: August 1, 2018
SUBJECT: Kenyon Disend, PLLC Contract Amendment
Contract for Prosecution Services
BACKGROUND
The City contracts with Kenyon Disend, PLLC for City Attorney services, which has included a
provision for prosecution services. For the past several years Kenyon Disend has sub-
contracted prosecution services out to the Walls Law Firm.
DISCUSSION
As of September 1, 2018 Kenyon Disend will no longer be sub -contracting out prosecution
services. The attached contract amendment reflects the discontinuation of prosecution services
and a corresponding reduction to the monthly compensation from S46,436 per month to
S33,436.
To ensure continuation of prosecution services, the City is proposing to contract directly with the
Walls Law Firm for prosecution services effective September 1, 2018 through December 31,
2018 for $13,500 per month. The City plans to post a Request for Proposals (RFP) for
Prosecution Services for the 2019-2020 biennium. The RFP will be posted August 22, 2018 and
all proposals will be due by 5 PM September 21, 2018.
RECOMMENDATION
It is recommended that both contracts be forwarded to the consent agenda of the August 20,
2018 City Council meeting for approval and authorization for execution by the Mayor.
ATTACHMENTS
Draft Contract Amendment for Kenyon Disend PLLC for City Attorney Services
Draft Contract with the Walls Law Firm for Prosecution Services
9
10
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number:
CONTRACT FOR SERVICES
Amendment #1
Between the City of Tukwila and Kenyon Disend PLLC
That portion of Contract No. 16-183 between the City of Tukwila and Kenyon Disend is
hereby amended as follows:
1. Scope and Schedule of Services to be Performed by Contractor. The
Contractor shall perform those services described on Exhibit A-1 attached hereto and
incorporated herein by this reference as if fully set forth. In performing such services, the
Contractor shall at all times comply with all federal, state, and local statutes, rules and
ordinances applicable to the performance of such services and the handling of any funds
used in connection therewith. Such local rules and ordinances shall include, but not be
limited to, the City Code of Ethics, as set forth in Ordinance No. 2068. The Contractor
shall request and obtain prior written approval from the City if the scope or schedule is to
be modified in any way.
2. Compensation and Method of Payment. The City shall pay the Contractor for
services rendered according to the rate and method set forth on Exhibit B-1 attached
hereto and incorporated herein by this reference.
All other provisions of the contract shall remain in full force and effect.
Dated this
day of , 2018.
CITY OF TUKWILA CONTRACTOR
Allan Ekberg, Mayor Michael R. Kenyon
Managing Member
A I I EST/AUTHENTICATED APPROVED AS TO FORM
Christy O'Flaherty, MMC, City Clerk Office of the City Attorney
11
EXHIBIT A —1
SCOPE OF SERVICES
Contractor agrees to provide a level of service equal to or greater than the level of
service provided by an in-house city attorney office consisting of one city attorney and one
assistant city attorney/prosecutor.
In particular, Contractor agrees to:
1. Provide general city attorney services, which include but are not limited to:
A. Attend regular meetings of the City Council;
B. Attend Executive Sessions and special meetings of the City Council,
Committee of the Whole, Committee meetings, and meetings of City
Boards and Commissions, upon request;
C. Prepare or review ordinances, resolutions, contracts, interlocal
agreements, and other city documents or materials as requested;
D. Practice "preventative law" in the form of regular consultation with staff
and elected officials, and maintenance of between 20 and 25 "office
hours" each week at City Hall, exclusive of prosecutor time:
E. Provide special classes and/or seminars for staff, elected officials,
Boards, and Commissions on issues including, but not limited to, ethics,
conflict of interest, and the appearance of fairness doctrine.
F. Except as set forth in Section 3, defend litigation brought against the City;
G. Defend or initiate administrative hearings involving the City including, but
not limited to, drug forfeiture and seizure hearings, code enforcement, and
similar matters;
H. Such other general city attorney matters as are assigned:
I. Provision of cellular telephones to all attorneys employed by Contractor,
and a list of such telephone numbers to the City;
J. Comprehensive Internet and remote access capability, including e-mail,
linking Contractor's office with City Hall; and
K. Oversight and coordination of the City Clerk's Office.
1 2 Kenyon Disend Contract Amendment 2018
Page 2 of 4
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3. Provide City Attorney services for litigation and contested administrative
proceedings, which include but are not limited to:
P. Initiation and defense of litigation and contested administrative
proceedings on the City's behalf. Contractor shall be compensated for
such litigation and contested administrative proceedings as Separate
Matters under paragraph 2 of Exhibit B.
4. Provide Special Services, which include but are not limited to:
Q. Other specialized municipal law services; provided, however, that any
such Special Services shall first be authorized by the Mayor and shall be
subject to paragraph 3 of Exhibit B regarding compensation.
5. Provide paralegal services, which include but are not limited to:
R. General paralegal support for the City Attorney and for the prosecuting
attorney equivalent to one FTE.
6. It is understood and agreed that the City Attorney shall not provide private
legal services to any employee of the City of Tukwila during the term of this agreement.
Kenyon Disend Contact Amendment 2018
Page;of4 13
EXHIBIT B — 1
COMPENSATION AND METHOD OF PAYMENT
1. For 2018, for all general city attorney rY, t' pn^ For. set forth in
paragraphs 1 and 2 of Exhibit A, Contractor shall be paid a flat monthly fee of $45.4S& .•
$33.436.00 plus extraordinary expenses. Extraordinary expenses shall include court filing
fees, deposition and other discovery costs, parking, mileage costs other than to and from City
Hall or other locations within the City, and other similar expenses advanced by Contractor on
City's behalf. Extraordinary expenses shall not include routine photocopying, fax, or long-
distance telephone charges.
2. All litigation and administrative proceeding services set forth in paragraph 3 of Exhibit
A shall be considered to be Separate Matters. Contractor shall maintain its current practice of
providing individual monthly billing statements for each Separate Matter. Separate Matters
mean (a) each individual civil action filed by or against the City, except that multiple
condemnation lawsuits related to the same project shall constitute only one Separate Matter,
(b) all Code Enforcement matters collectively conducted before the Hearing Examiner or in
Court, but not including general code enforcement services which shall be included in
Contractor's flat monthly fee, (c) all criminal appeals collectively filed by or against the City, (d)
all significant projects which require specialized knowledge and hours expended outside of the
regular office hours for that attorney; and (e) all drug or other forfeiture matters collectively filed
by or against the City. Contractor shall include within the monthly flat fee, and shall not
otherwise bill the City for, the first $5,000 expended on any Separate Matter as computed at
Contractor's normal hourly rates for 2017 and 2018. Thereafter, and for each such Separate
Matter, Contractor shall be paid its normal hourly rates for 2017 and 2018. A copy of
Contractor's hourly rates for 2017 is attached hereto. Rates for 2018 shall be provided to the
City by October 1, 2017.
3. Special Services, if any, shall first be approved by the Mayor and City Council after
negotiation regarding (1) whether additional compensation is fair and equitable for such Special
Services and, if so, (2) the amount and manner of payment (e.g., flat fee, hourly, other) for such
Special Services.
4 Kenyon Disendl Contract Amendment 2018
Page 4 of 4
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
CONTRACT FOR SERVICES
Contract Number:
This Agreement is entered into by and between the City of Tukwila. Washington, a non -charter
optional municipal code city hereinafter referred to as the City,- and Walls Law Firm hereinafter referred
to as -the Contractor.
WHEREAS, the City has determined the need to have certain services performed for its citizens
but does not have the manpower or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms
and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those
services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set
forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and
local statutes, ordinances and rules applicable to the performance of such services and the handling of
any funds used in connection therewith including the provisions of the Washington Supreme Court
Order 25700-A-1013 and the public defense standards adopted by the City pursuant to TMC 2.70.
Compliance with these standards goes to the essence of this Agreement. The Contractor shall request
and obtain prior written approval from the City if the scope of services is to be modified in any way.
2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered
according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this
reference.
3. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing
September 1, 2018 and ending December 31, 2018 unless sooner terminated under the provisions
hereinafter specified or extended by the express written consent of Contractor and the Mayor or his
designee.
4. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with
respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be
considered to create the relationship of employer and employee between the parties hereto. Neither
Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees
by virtue of the services provided under this Agreement. The City shall not be responsible for
withholding or otherwise deducting federal income tax or social security or contributing to the State
Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the
Contractor, or any employee of the Contractor.
5. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents,
officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits
including attorney fees, arising out of or in connection with the performance of this Agreement, except
Prosecution Services Page 1 of 5
for injuries and damages caused by the sole negligence of the City. Should a court of competent
jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for
damages arising out of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers.
the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is
further specifically and expressly understood that the indemnification provided herein constitutes the
Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of
this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this
section shall survive the expiration or termination of this Agreement.
6. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in connection with
the performance of the work hereunder by the Contractor, their agents, representatives, employees or
subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required
herein shall not be construed to limit the liability of the Contractor to the coverage provided by such
insurance, or otherwise limit the City's recourse to any remedy available at law or in equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits
described below:
1. Professional Liability Insurance: The Contractor shall procure and maintain in full force
throughout the duration of this Agreement Professional Liability insurance with a minimum
coverage of $1,000,000 per claim and $3,000,000 aggregate. Contractor shall provide evidence
of such coverage in a manner and form acceptable to the City in the City's sole discretion.
Cancellation of the required insurance shall automatically result in termination of this
Agreement.
2. Automobile Liability: The Contractor shall procure and maintain in full force throughout the
duration of this Agreement Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability
insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA 00 01 or a substitute folin providing equivalent
liability coverage. If necessary, the policy shall be endorsed to provide contractual liability
coverage.
3. Commercial General Liability: The Contractor shall procure and maintain in full force
throughout the duration of this Agreement Commercial General Liability insurance with limits
no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000
products -completed operations aggregate limit. Commercial General Liability insurance shall
be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises,
operations, independent contractors, products -completed operations, stop gap liability, personal
injury and advertising injury, and liability assumed under an insured contract. The Commercial
General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement
ISO form CG 25 03 11 85 or an equivalent endorsement There shall be no endorsement or
modification of the Commercial General Liability Insurance for liability arising from explosion,
collapse or underground property damage. The City shall be named as an insured under the
Contractor's Commercial General Liability insurance policy with respect to the work performed
for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-
1 6
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Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing
equivalent coverage.
4. Workers' Compensation: The Contractor shall procure and maintain Workers' Compensation
coverage as required by the Industrial Insurance laws of the State of Washington.
B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General
Liability insurance policies are to contain, or be endorsed to contain that they shall be primary
insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A: VII.
D. Verification of Coverage. Contractor shall furnish the City with wiginal certificates and a copy of
the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before commencement of the
work.
E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance
coverage and limits required. if any, to be obtained by subcontractors, which determination shall be
made in accordance with reasonable and prudent business practices.
F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this
work with written notice of any policy cancellation, within two business days of their receipt of such
notice.
7. Record Keeping and Reporting.
A. The Contractor shall maintain accounts and records, including personnel, property, financial and
programmatic records which sufficiently and properly reflect all direct and indirect costs of any
nature expended and services performed in the performance of this Agreement and other such
records as may be deemed necessary by the City to ensure the performance of this Agreement.
B. These records shall be maintained for a period of seven (7) years after termination hereof unless
permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter
40.14 and by the City.
8. Audits and Inspections. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inspection, review or audit by law during the performance of
this Agreement, to the extent permitted by law.
9. Termination. This Agreement may at any time he terminated by the City giving to the Contractor
thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products
on schedule may result in contract termination. if the Contractor's insurance coverage is canceled for
any reason, the City shall have the right to terminate this Agreement immediately.
10. Discrimination Prohibited. The Contractor, with regard to the services to be provided under this
agreement, shall not discriminate against any employee, applicant for employment, on the basis of
race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity,
Prosecution Services Page 3 of 71 7
marital status, political affiliation or the presence of any sensory, mental or physical disability in the
selection and retention of employees or procurement of materials or supplies.
11. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the
services contemplated by this Agreement without the written consent of the City.
Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents
the entire and integrated Agreement between the City and the Contractor and supersedes all prior
negotiations, representations, or agreements written or oral. No amendment or modification of this
Agreement shall be of any force or effect unless it is in writing and signed by the parties.
13. Severability and Survival. If any term, condition or provision of this Agreement is declared void or
unenforceable or limited in its application or effect, such event shall not affect any other provisions
hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which
by their sense and context are reasonably intended to survive the completion, expiration or cancellation
of this Agreement, shall survive termination of this Agreement.
14. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk, City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the following address:
Walls Law Firm
16300 Christensen Rd
Tukwila, WA 98188
15. Applicable Law; Venue; Attornev's Fees. This Agreement shall he governed by and construed in
accordance with the laws of the State of Washington. In the event any suit, arbitration, or other
proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and
agree that venue shall be properly laid in King County, Washington. The prevailing party in any such
action shall be entitled to its attorney's fees and costs of suit.
DATED this day of 2018.
CITY OF TUK II A WALLS LAW FIRM
Allan Ekberg, Mavor Name, Attorney, WSBA No.
ATTEST/AUTHENTICATED: APPROVED AS TO FORM:
Christy 0 Flaherty, City Clerk Rachel Turpin, City Attorney
18
Prosecution Services Pa2e 4 of 7
EXHIBIT A - SCOPE OF SERVICES
I. Review, make filing decisions, and tile all Tukwila Police Department reports involving misdemeanor
and gross misdemeanor crimes and represent the City on all contested traffic hearings.
2. Appear at all criminal calendars in Tukwila Municipal Court on behalf of the City of Tukwila
including but not limited to: in-custody/out-of-custody arraignments, pre-trial hearings and motions,
readiness hearings, bench and/or jury trials, sentencings, review hearings and appeals.
Conduct investigations, contact witnesses, conduct plea bargain negotiations and make appropriate
plea offers consistent with the laws and regulations as well as City of Tukwila standards and policies,
make sentencing and bail recommendations to the Court, prepare and present legal memoranda,
subpoenas, jury and other related materials, argue motions, represent the City at restitution hearings,
conduct bench and/or jury trials.
4. Administrative functions relating to criminal prosecution and contested traffic hearings such as
creation and maintenance of files, and completion of discovery requests. Files will be retained in
accordance with the State of Washington records retention requirements.
5. Provide legal research. training and assistance to the Tukwila Police Department including statutory
interpretation, enforcement issues and case decisions. Attend police department administrative staff
meetings as requested.
6. File and defend appeals of municipal court decisions.
7. Contractor agrees to attend seven (7) hours of prosecution focused training each year. This
requirement also applies to all associate counsel. Each Attorney will submit a copy of their
Continuing Legal Education (CLE) Credits transcript from the Washington State Bar Association
(WS.BA) with the Annual Report.
Reporting: Contractor agrees to submit the following reports:
• Monthly Statistics Reports: This report shall take substantially the same form as that attached
hereto as Exhibit C and shall be submitted with the monthly invoice;
• An Annual Report detailing the number of cases filed for the year, the number of cases referred for
pre -tiling diversion, the number of cases where pre -filing diversion was successfully completed,
the number of cases where stipulated orders of continuance or deferred prosecution was agreed to
and the number of cases dismissed.
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EXHIBIT B - COMPENSATION AND METHOD OF PAYMENT
l. For all prosecution oendcox sex tbrdh in Exhibit /\. Contractor shall he paid a flat fee of
S\l500,
2. The Contractor shall invoice the City by the 10` 'dav of each ruoodh for the previousnn)otb
services.
Prosecution Services Page 6(if 7
EXHIBIT C - PROSECUTION MONTHLY REPORT
CASES
New Filings
PRE-FII,INAC; II1VERSION
Referred for pre -filing diversion
Successful completion of pre -filing diversion
DIST`OSITIONS
Deferred Prosecution
SOC/ Pre -Trial Diversion Agreement
DWLS 3 Amended to Infraction
Dismissals prior to Readiness
SET
TRIED
MAILS
Stipulated Facts Trial
Bench Trial
Jury Trial
Dismissals — Post Readiness/Day of Trial
Prosecution Services
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�
��it�y��« Tukwila
Allan Ekberg. Mayor
INFORMATIONAL MEMORANDUM
TO: Public Safety Committee
FROM.- Bruce Linton, Chief mfPolice
BY: Bill Devlin, Sergeant Traffic Division
CC: Mayor Ekberg
DATE: 07/23V2018
SUBJECT: Automated Safety Camera Presentation
ISSUE
Increase public safety on the city roadways through enforcement and education using
automated red-light cameras.
BACKGROUND
The most prevalent complaint from our residents is speeding on our arterials and
neighborhoods. Our traffic enforcement section cannot keep upwith the increased call for
enforcement. In addition to leveraging this technology for increased eMioienCy, studies have
shown that red light cameras will make the city streets safer byreducing red light running
violations. They are currently used in King` Pierce, Snohomish, Spokane, and Chelan counties.
Here in King County there are programs in Bellevue. Des Moines, Federal Way, Issaquah, Kent.
Lake Forrest Park. Mercer Island, Renton, and Seattle.
ANALYSIS
Automated safety cameras will reduce red light running, which in turn reduces the potential
serious injury right angle collisions. They will educate the public and spillover bzthe non -
camera intersentiona. They will assist with increased traffic flow and increase the safety of
police officers. The camera systems will assist with better tracking of intersection statistics like
traffic flows ' number of vehicles, peak hours of the days, number of coUieions, and tickets
issued. They will provide more efficient service with no additional FTE'a. The Po|ice,
Prosecutor. City Attorney, and Court supports the program. Studies show that nationally ahigh
percentage ofthe public isinfavor of automated red-light cameras.
FINANCIAL IMPACT
No upfront cost, the per camera, per month charge quoted as $4.250.00. the program will fund
RECOMMENDATION
The Committee is being asked to forward this item to the Council for consideration at the August
13, 2018 Committee of the Whole meeting and subsequent August 20, 2018 Regular Meeting.
ATTACHMENTS
-Automated safety cameras info power point
-Draft automated safety camera city ordinance
24
Tukwila, Washington
Automated Traffic Safety Camera Program
N
01
N
0)
Key Points
w Cameras will make the city streets safer
w Cameras will reduce red light running
m Cameras will reduce potentially serious injury right angle collisions
m Cameras will educate the public and spillover to surrounding non camera intersections.
m Cameras will increase traffic flow
m Cameras will assist with internal investigations, law suits
w Cameras will assist with traffic collision investigations
m Cameras will increase safety of police officers
m Cameras will provide more efficient service, 24/7 with no additional FTE's
m Camera will allow for better tracking of vehicles, collisions, and tickets issued
Police, Prosecutor, City Attorney, and Court supports this program.
m Studies show that nationally a high percentage of the public is in favor of RLC.
General Automated Enforcement
Information and Uses
w Automated enforcement refers to the use of Cameras to enforce traffic
safety laws (Red Light running) 24/7.
- Their primary purpose is to improve traffic safety by modifying driver
behavior.
w Many states have laws that explicitly authorize automated enforcement.
Here in Washington it is RCW 46.63.170
- The most common type of automated program is for red light violations.
The use of cameras to enforce speed limits is less common, but increasing,
especially in school zones.
- Many jurisdictions treat automated enforcement citations just like parking
tickets in that the registered owner is liable. Parking tickets do not result in
points and/or not recorded on a driver's record.
N
N
CO
Local Automated Enforcement Uses
w In our State/area there are currently 17 programs, with 343 Safety Cameras
w They are used in King, Pierce, Snohomish, Spokane and Chelan Counties
King County ATS camera programs include Bellevue (9), Des Moines (11),
Federal Way (16), Issaquah (2), Kent (8), Lake Forrest Park (11), Mercer
Island School District (5) Renton (18) Seattle (59), Seattle Public Schools
(120)
The Need for an Automated Red Light
Program
w Their primary purpose is to improve traffic safety.
w To provide superior services that support a safe, inviting and healthy
environment for our residents, businesses and guests.
w Responsive- We are timely and effective in the delivery of great customer
service. We continually strive to find innovative ways to improve.
w Why is red light running a problem?
w Red light Runners cause hundreds of deaths, tens of thousands of injuries,
and billions of dollars in property damage each year. In 2016, 800 people
were killed, and an estimated 137,000 were injured in crashes that involved
red light running.
N
CO
How Often do Drivers Run Red Lights?
w Studies conducted during a several month time frame in 5 busy
intersections in Fair Fax County, VA prior the use of red light cameras found
that a motorist ran a red light every 20 minutes at each intersection, and
during peak times it was more frequent.
w An analysis of red light violation data from 19 intersections without red light
cameras in four states found a violation rate of 3.2 per hour per intersection.
Do Red Light Cameras Reduce
Violations and Collisions?
w Yes, in addition to the decrease in red light running at camera -equipped
sites, studies show this effect is carried over to nearby signalized
intersections that are not equipped with red light cameras.
w An IIHS international red light camera study concluded that cameras lower
red light violations by 40-50 percent.
w A 2016 Institute study comparing large cities with red light cameras to those
without found the devices reduced the red light running crash rate by 21
percent and the rate of all types of fatal crashes at signalized intersections
by 14 percent.
w Previous IIHS research in California found significant citywide crash
reductions followed the introduction of red light cameras and injury crashes
at intersections with traffic signals were reduced by 29 percent.
CO
N
Red Light Violations and Injury Collisions
w Front into side collisions (right angle), the crash type most closely associated
with red light running, at these intersections declined by 32 percent overall,
and front side crashes involving injury fell 68 percent.
An institute review of international red light camera studies concluded that
cameras reduce injury crashes by 25-30 percent.
- The Cochrane Collaboration, an international public health organization,
reviewed 10 controlled before -after studies of red light cameras
effectiveness. Based on the most rigorous studies, there was an estimated
13-29 percent reduction in all types of injury crashes and a 24 percent
reduction in right angle injury crashes.
Do Red Light Camera's Increase the
Risk of Rear -end Collisions?
m Some studies have reported that while red light cameras reduce front -into -side
collisions and overall injury crashes, they can increase rear -end crashes, however
such crashes tend to be much less severe that front -into -side crashes, so the net
affect is positive.
The study sponsored by the Federal Highway Administration evaluated red light
camera programs in seven cities and they found that overall, right-angle crashes
decreased by 25 percent while rear -end collisions increased by 15 percent.
Results showed a positive aggregate economic benefit of more than $18.5 million in
those seven cities. The authors concluded that the economic costs from the
increase in rear -end crashes were more than offset by the economic benefits from
the decrease in right-angle crashes targeted by red light cameras.
Note, not all studies have reported increases in rear -end crashes. The review by
Cochrane Collaboration did not find a statistically significant change in rear -end
injury crashes.
W
CO
Proposed Red Light Safety Camera
Intersections
Tukwila International Blvd at S 144th Street
▪ Boeing Access Road at MLK Jr Way S
S 133 rd Ave S and Interurban Ave S
42nd Ave S at Interurban Ave S
▪ Southcenter Parkway at Strander Blvd
▪ W. Valley at 180th Ave S
▪ W. Valley at Strander Blvd
Grady and Interurban Ave S
Tukwila Parkway at 61 st Ave S
Tukwila Parkway at onramp to 1-405 N
Southcenter Blvd at 66th Ave S
Southcenter Blvd at 61st Ave S
(Stats From1/1/14-12/31/16,
39 with 16 being right angle crashes,
with 8 persons injured; 16 sideswipe;
6 rear end crashes; 1 fixed object).
The Safety Camera Equipment
3D Red -Light Safety Camera Solution
24/7 Automated Red -Light
Camera Enforcement
Continuous intersection coverage
bath day and night-
3-Dlmanslonal
Radar Detection
NUM- yenwanan, nen-Inrasva 2 t
!tech idg radar measures the distance.
Pngla end spend M up to 52 vahlclos
for optimal events/rotors.
High -Definition Video
signet Vesta limitable a 12-StCLTd
eldoe clip of the Vlatten indent end
24IT odes of each Intersection.
High-EffIclency Strobe
Fast recharge tata min limn variance
capatlitln for clear plate shots during
dark conditions.
Automated Wlrelest upload
Fast data Ord evldeneo transfer at
speeds up tP ac.
Single Camera, Single Pole
Industry -leading technology
inconspicuously placed on a single pole.
Installation available on existing
infrastructure.
ATS
ATS IJva Vieille Capability
Moue/live tretfiC surveiAence with
roal•Nnto visual InttlligenCe and
pcn-incident analysis via computer.
pitons. tablet etc.
WASHINGTON
HIgh-Resolution 29 MP Images
Clear plate and vehicle rnlagrrs That
alstingutsh the make, model end carer
or which.
Blonds Into Cityscape
Minimal design with customized [olor
options to fit the cityscape.
Real -Time System Support
Real -limo connectivity capabilities
anw ro that your cantatas are online
Prorating correctly and capturing
violations.
End to End Program Support
Violation Capture
(Video & Data)
Wireless Transfer
'kw
Citation issued
Rack Office
Review
Law Enforcement
Approval
Court Support
Wbft
2417 availability
View 4 ielatioil Images & video
PACs
Online payments
Call Carder
C;i5teimer service reps
8:00 AM-8:00 PM EDT
Ind w rieS regarding woo I al iOnS.
Payments by p bone
__.....
,Iiic ic
A-:,;:•-',-)Z4;',11?:"I''..-11.
(•-% vi- "Aid& it
4C-
Citation
Recipient
Payment
Support
ATS Per Month Pricing (No upfront Cost)
Latest Technology
• Non-invasive 3D radar
• 29 MP still camera
• HD video camera
• Self -serve video retrieval
• High -efficiency strobe
• Wireless event upload
$4,250
Per camera, per moth
Program Support & Training
• Senior Account Manager
Client support personnel
IT, software & maintenance support
In -person & online training
• In-house legislative team
Local WAattomey: Stoel Rives LLP
End -to -End Services
• Safety camera installation
• Maintenance & field services
• Event processing
• Citation printing & mailing
• Program reporting
• Evidence packages
Award Winning PR
• Advertising & promotions
• Video PSAs
• Social media outreach
• Collateral & FAQs
Press Releases
Key Points
w Cameras will make the city streets safer
w Cameras will reduce red light running
m Cameras will reduce potentially serious injury right angle collisions
m Cameras will educate the public and spillover to surrounding non camera intersections.
m Cameras will increase traffic flow
m Cameras will eliminate internal investigations, law suits
w Cameras will assist with traffic collision investigations
m Cameras will increase safety of police officers
m Cameras will provide more efficient service, 24/7 with no additional FTE's
m Camera will allow for better tracking of collisions, and tickets issued in these intersections.
m Police, Prosecutor, City Attorney, and Court supports this program.
m Studies show that nationally a high percentage of the public is in favor of RLC.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING A NEW CHAPTER
OF THE TUKWILA MUNICIPAL CODE AUTHORIZING THE
USE OF AUTOMATED TRAFFIC SAFETY CAMERAS AND
ADOPTING STANDARDS RELATED THERETO, TO BE
CODIFIED AS TUKWILA MUNICIPAL CODE CHAPTER 9.22;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, very serious traffic accidents involving right-angle collisions at high
rates of speed are often the result of drivers running red lights; and
WHEREAS, studies show that these accidents result in more serious injury and
deaths than other accidents at signalized intersections; and
WHEREAS, locating automated traffic safety cameras at signalized intersections
has been shown to reduce the frequency of traffic violations at these intersections and
has resulted in a corresponding reduction in injuries and associated economic costs;
and
WHEREAS, the City has arterial intersections that would benefit from the strategic
placement of automated traffic safety cameras; and
WHEREAS, the City of Tukwila desires to improve traffic safety and pedestrian
safety throughout the City with emphasis on critical intersections; and
WHEREAS, the Washington State Legislature has adopted Chapter 46.63 RCW,
which authorizes local jurisdictions to use automated traffic safety cameras at arterial
intersections, subject to some limitations; and
WHEREAS, in accordance with RCW 46.63.170(1)(a), the City has prepared an
analysis of the locations where automated traffic safety cameras are proposed to be
located;
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39
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Chapter 9.22 of the Tukwila Municipal Code Established. A chapter
of the Tukwila Municipal Code entitled "Automated Traffic Safety Cameras," to be
codified as Tukwila Municipal Code (TMC) Chapter 9.22, is hereby established to read
as follows:
CHAPTER 9.22
AUTOMATED TRAFFIC SAFETY CAMERAS
Sections:
9.22.010 Automated traffic safety cameras — Detection of violations —
Restrictions
9.22.020 Notice of infraction
9.22.030 Prima facie presumption
9.22.040 Infractions processed
9.22.050 Fine
9.22.060 Nonexclusive enforcement
Section 2. Regulations Established. TMC Section 9.22.010, "Automated traffic
safety cameras — Detection of violations — Restrictions," is hereby established to read
as follows:
9.22.010 Automated traffic safety cameras — Detection of violations — Restrictions
A. City law enforcement officers and persons commissioned by the Tukwila Police
Chief are authorized to use automated traffic safety cameras and related automated
systems to detect and record the image of stoplight violations at the intersection of two
arterials; provided, however, pictures of the vehicle and the vehicle license plate may be
taken only while an infraction is occurring, and the picture shall not reveal the face of
the driver or of any passengers in the vehicle.
B. Each location where an automated traffic safety camera is used shall be clearly
marked by signs placed in locations that clearly indicate to a driver that the driver is
entering a zone where traffic laws are enforced by an automated traffic safety camera.
C. "Automated traffic safety camera" means a device that uses a vehicle sensor
installed to work in conjunction with an intersection traffic control system or a speed
measuring device, and a camera synchronized to automatically record one or more
sequenced photographs, microphotographs or electronic images of the rear of a motor
vehicle whenever a vehicle fails to stop when facing a steady red traffic control signal as
detected by a speed measuring device.
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Section 3. Regulations Established. TIVIC Section 9.22.020. "Notice of
infraction," is hereby established to read as follows:
9'22.020 Notice of infraction
A. Whenever any vehicle is photographed by an automated traffic safety oGnlerg,
m notice of infraction shall be mailed to the registered Oxvne[ Of the vehicle within 14
days Of the Vio|a1ion, or to the renter of a vehicle within 14 days of establishing the
renter's name and address. Aperson receiving anotice Dfinfraction based OOevidence
detected by an automated traffic safety camera may respond to the notice by mail.
Q. If the registered owner of the vehicle is a rental car business, the |avv
enforcement agency shaU, before a notice of infraction is issued, provide @ written
notice to the rental car business that a notice of infraction may be issued t0the rental
car business if the rental car business does not. within 18 days of receiving the written
nndCe, provide to the agency by return mail: (1) a statement under Oath stating the
name and known mailing address of the individual driving or renting the vehicle when
the infraction occurred; or (2) a statement under oath that the business is unable to
determine who was driving or renting the vehicle when the infraction occurred; or (3) in
lieu of identifying the vehicle operator, the rental Ca[ business may pay the applicable
penalty. Timely mailing of this statement to the agency shall relieve the rental car
business of any liability under this chapter for the infraction.
C. The law enforcement officer issuing a notice of infraction shall include with it a
certificate or facsimile thereof, based upon the inspection of photooraphs,
microphotographs or electronic images produced by an automated traffic safety camera,
citing the infraction and stating the facts supporting the notice of infraction. This
certificate or facsimile ohG|| be prima facie evidence of the tgoto contained in it and shall
be admissible in a proceeding charging a violation under this chapter. The
photoQnapha, microphotographs or electronic irnoQeo evidencing the violation must be
available for inspection and admission into evidence in m proceeding to adjudicate the
liability for the infraction.
O. The registered owner of a vehicle is responsible for an infraction detected
through the use of an automated traffic safety cenlmna unless the registered owner
overcomes the presumption set forth in TMC Section 8,22.030. or, in the case of
rental oar buoineaa, satisfies the conditions under TK8C Section 9.22.020.8. If
appropriate under the oircurnstancms, a renter identified undcrTIVIC Section 9.22.020.13
is responsible for an infraction.
E. All photoonaph3, microphotographs or electronic images prepared under this
chapter are for the exclusive use of |8vv enforcement in the discharge of duties under
this Chapter and, as provided in RCVV48.G3.17O(1)(g). they are not open to the public
and may not be used in court in @ pending action orproceeding unless the action or
proceeding relates to a violation under this chapter. No photogrGph, microphotograph
or electronic image may be used for any purpose other than enforcement of violations
under this chapter nor retained longer than necessary toenforce this chapter.
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Section 4. Regulations Established. TK8C Section 9.23.030. "Prima facie
presumption," is hereby established to read as follows-
9.22.030 Prima facie presumption
A. In a traffic infraction case involving an infraction detected through the use of an
automated traffic safety camera Under this chaoter, proof that the particular vehicle
described in the notice of traffic infraction was involved in @ stoplight viV1ation, together
with proof that the person named in the notice of infraction was at the time of the
violation the registered owner of the vehicle, shall constitute in evidence a prima facie
presumption that the registered 0vvUer of the vehicle was the person in control of the
vehicle at the point where, and for the time during vvhiCh, the violation occurred.
B. This presumption may be overcome only if the registered owner, under Vath,
states inawritten statement to the court orintestimony before the court that the vehicle
involved was, at the time, stolen or in the cane, custody or control of some person other
than the registered owner.
Section 5. Regulations Established. TMC Section 9.22.040. "Infractions
processed," is hereby established to read as follows:
9.22.040 Infractions processed
Infractions detected through the use of automated traffic safety carnanss shall be
processed in the same manner as parking infractions.
Section 6. Regulations Established. TMC Gecdon0.22.O50. "Fine," is hereby
established to read as follows:
9.22'050 Fine
The fine for an infraction detected under authority of this chapter shall be a base
monetary penalty of$135.00; and provided further, that whenever, in the future, the
state of Washington increases the fine imposed under this chapter, by legislation or
court rule, the City'mfine ShoU beincreased \0m like amount upon the effective date of
such legislation mrcourt rule.
Section 7. Regulations Established. TIVIC Section 8.22.060. "Nonexclusive
enforcement," is hereby established to read as follows:
9.22.060 Nonexclusive enforcement
Nothing in this chapter prohibits s lovv enforcement officer from issuing a notice of traffic
infraction to a person in control of vehicle at the time G violation occurs under RCVV
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Section 8. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/subsection numbering.
Section 9. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 10. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2018.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Rachel B. Turpin, City Attorney Ordinance Number:
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43
44
�
��itX���« Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Public Safety
FROM: JayVVittwmr, Fire Chief
BY: Don Tomasm, Fire Marshal
CC: Mayor Ekberg
DATE: August 1, 2018
SUBJECT: Fire Department Lock Box Pnp8rann
ISSUE
Toreduce City liability for misplaced nrlost PN[X Box keys, the fire department has
researched and isrequesting toupgrade the City KN(]XBox locking system tookeyless
system being introduced January 1, 2019 by the KNOX Company. Other fire department
jurisdictions have incurred considerable expense when faced with misplaced or lost lock box
keys. The fire department is reducing this exposure with this new technology introduced by the
Knox Company.
BACKGROUND
The lock box program was implemented in the mid 197O'swith the Supra Company. When the
Supra Company was go|d, the new parent company was not responsive to City requests, The
fire department then assessed available lock box products and selected the KNOX Company as
the sole vendor for fire department lock boxes within the City in early 2000.
The fine department will be S88kiOQ a Capital Improvement program for the 2019/2020 budget
ovde to restore the KN(]X Box program to operation within the City and utilize this keyless
technology. Businesses have been patiently waiting for their keys to be placed back in their
KNOX Boxes for fire department use.
ANALYSIS
The KNOX Box program has been invaluable to the fire department by allowing quick access to
nornnnencie| properties and some residential homes during emergencies. Fire unit out -of -service
times have increased since the keys were removed, and restoring the program will again reduce
the units on -scene time with increased unit reliability.
FINANCIAL IMPACT
The anticipated funding for this project is currently estimated at $550.000 to mlrnp|e1e the
project. CurrenMy, staff is working with VV|CA on the insurance c|minn that was filed to determine
the final amount that will be required from the City.
RECOMMENDATION
Discussion only Gtthis time. Staff will bepresenting this during the upcoming budget cycle for
the 2019/2020 budget process for support from the Council to restore this essential program to
increase fire unit reliability.
ATTACHMENTS
KN(]|KBox brochure
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