HomeMy WebLinkAboutCSS 2021-12-06 COMPLETE AGENDA PACKETCity of Tukwila
Community Services
and Safety Committee
o Cynthia Delostrinos Johnson, Chair
0 De'Sean Quinn
O Zak Idan
AGENDA
Distribution:
C. Delostrinos Johnson
D. Quinn
Z. Idan
K. Kruller
K. Hougardy
Mayor Ekberg
D. Cline
R. Bianchi
C. O'Flaherty
A. Youn
L. Humphrey
MONDAY, DECEMBER 6, 2021 — 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 635842680#
Click here to: Join Microsoft Teams Meeting
For Technical Support during the meeting call: 1-206-433-7155
Item
Recommended Action
Page
1. BUSINESS AGENDA
a. 2021 Committee work plan.
a. Discussion only.
Pg.1
Laurel Humphrey, Legislative Analyst
b. A contract for audio recording for interview rooms.
b. Forward to 12/13 C.O.W.
P9.3
Todd Rossi, Investigations Commander, Police Dept.
Meeting and Special
Meeting Consent Agenda.
c. An Interlocal Agreement for Fire Investigator services.
c. Forward to 12/13 C.O.W.
Pg.29
Jay Wittwer, Fire Chief
Meeting and Special
Meeting Consent Agenda.
d. An ordinance adopting a new Chapter 2.105 of the
d. Forward to 12/13 Special
Pg.31
Tukwila Municipal Code entitled "Indemnification of
Meeting Consent Agenda.
City Employees, Officials, and Volunteers."
Rachel Bianchi, Deputy City Administrator
2. MISCELLANEOUS
Next Scheduled Meeting: January2022
The City of Tukwila strives to accommodate individuals with disabilities.
Please contact the City Clerk's Office at 206-433-1800(TukwilaCitvClerkCc�TukwilaWA.gov) for assistance.
Tukwila City Council Community Services & Safety Committee - 2021 Work Plan
Cynthia Delostrinos Johnson, Chair; De'Sean Quinn, Zak Idan
Description
Qtr
Dept
Action or
Briefing
Status/Notes
1.
Fire Department 3rd Party Report
1-2
FD
B
Complete
2.
Sound Contract (mental health provider pilot)
1-2
PD
A
Complete
3.
Minor Home Repair Contract with King County
1
HS
A
Complete
4.
COPCAB Community Survey Review
1
PD
B
Complete
5.
COVID-19 Testing/Vaccine Update
1
FD
B
Complete
6.
Green Tukwila Update
1
PR
B
Complete
7.
Use of force policy review
2
PD
B
Complete
8.
Minor Home Repair 2021 Grant Application
2
HS
A
Complete
9.
Police reform/LETCSA updates
2, 3
PD
B
Ongoing
10.
Senior Levy - Additional Funding Updates
2
PR
B
Complete
11.
Valley Communications Service Level Agreement
2
PD
A
Complete
12.
Shiels Obletz Johnsen Project Management Services for PW
Tenant Improvements & Teen/Senior Center
2
AS
A
Complete
13.
Resolution designating weapons storage at Muni Court
2
CNCL
A
Complete
14.
Community engagement plan for former Fire Station 52
2
PR
B
Complete
15.
Fire Marshal's Office Update
2
FD
B
Complete
16.
Prosecution/Public Defense Services Review
2
MO
B
Complete
17.
Regional effort toward mental health services
2
PD
B
Complete
18.
Emergency Management update
2
PD
B
Complete
19.
School speed zone cameras update
3
PD/MC
B
Complete
20.
Community Connectors 2.0 Update
3
AS
B
Complete
21.
Equity Policy Implementation
3
AS
B
Ongoing
22.
Police records digitization update/Grant Award
4
PD
B
Complete
23.
Public Defense Grant Award
4
MO
A
Complete
24.
Use of Force Review Board Q&A
4
PD
B
Complete
25.
Tukwila School District Park Leases
4
PR
A
Complete
26.
Parks & Recreation Re -opening Updates
1-4
PR
B
Ongoing & included in weekly COVID rpt
27.
Teen/Senior Center Project & Outreach Updates
1-4
AS/PR
B
Ongoing
28.
Fireworks Approvals
1-4
FD
A
None this year
29.
Tukwila Pond Master Plan updates/potential adoption
1-4
PR
A
Ongoing; to 2022
30.
Fire Department Quarterly Reports, Annual Report
1-4
FD
B
Complete
31.
Police Department Quarterly Reports, Annual Report
1-4
PD
B
Complete
32.
PD Grant applications & Agreements
1-4
PD
A
As needed; COPS complete
Updated 11/29/21
Tukwila City Council Community Services & Safety Committee - 2021 Work Plan
33.
Parks Grant Applications & Agreements
1-4
PR
A
As needed; S. 115`" St. moved to F&G
34.
Parks Capital Projects Updates/Agreements
1-4
PR
A
As needed
35.
Human Services Updates (rental assistance, etc)
1-4
HS
B
Ongoing
36.
Fire Advisory Task Force (outcome from 3rd Party Report)
2-4
FD
B
Complete — committee underway
37.
Synthetic Turf at Foster Memorial Park — funding
3-4
PR
B
Ongoing w/ARPA, F&G Committee
38.
Wayback Inn Property Leases
4
HS
A
Complete
39.
Boat Program/River Rescue Program
FD/PD
B
40.
Foster Golf Strategic Plan/Sustainability
PR
B
41.
Fire Station 53 Improvements
FD
A
42.
Fire Station 54 Improvements
FD
A
43.
Justice Center Closeout
AS
A
2022
44.
Fire Station 51 Closeout
AS
A
2022
45.
Unmanned aircraft systems (UAS) and patrol ops
PD
B
2022
46.
Property Naming Resolution
CNL
A
2022
Updated 11/29/21
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Services and Safety
FROM: Eric Dreyer, Chief of Police
BY: Todd Rossi, Investigations Division Commander
CC: Mayor Ekberg
DATE: 29 November 2021
SUBJECT: Proposed purchase of the Axon Interview system
ISSUE
Following construction and occupation of the Justice Center, it was determined that the security
(Audio/Video) monitoring system is inadequate for use as a law enforcement interview room
system.
BACKGROUND
Prior to the construction and eventual occupation of the Tukwila Justice Center, the Police
Department Investigations Division was notified by the vendor Case Cracker that the existing
interview room system, which was purchased in 2014, was out of warranty (July 2019) and
would no longer be supported for software or hardware updates. Upon receiving this
information, inquiries were made regarding the replacement of the existing system in the
planned Justice Center. We were advised that the planned replacement would meet the needs
of the P.D. and the Investigations Division. In the weeks prior to the P.D. occupying the Justice
Center, overview and familiarization training of the building systems began. During these and
subsequent trainings it became apparent that the systems installed in the designated interview
rooms, do not meet the needs of the Department or the Investigations Division.
The installed system is a security monitoring and recording system. The system monitors and
records activity within the various rooms, hallways, and spaces within the Justice Center and
portions of the building's exterior. These recordings can be accessed from seven designated
terminals within the Justice Center, three of these terminals are currently located in the P.D.,
one in the EOC, and two in the courts wing of the building. One terminal was originally installed
in the EOC Managers office but has been removed and is planned to be relocated to the P.D.
front office. From these terminals, users can access A/V recordings generated by the system.
Access to the recordings can be managed through the creation of user accounts for every PD
employee, however this still does not address all the system needs.
Those with a system login are still able to monitor in -progress recordings which in the case of
criminal or internal interviews may be highly sensitive and require managed security measures.
In addition to the access issue, transfer and storage of the interviews remains problematic. Any
interview conducted for the purpose of a criminal investigation must be manually downloaded
from the system server via an external storage device, and then uploaded to the P.D. system for
electronic evidence storage, Evidence.com an Axon Enterprise Inc. service. Much like criminal
interviews, internal investigation interviews are conducted and stored in Evidence.com for
internal use. Access to all files stored in Evidence.com is currently managed by predefined user
roles which allows for users to further restrict access as needed.
Existing contract language allows for an unlimited number of evidentiary items created using an
Axon device (Body Worn Camera, In Car Camera, or Axon application) to be stored without
3
4
INFORMATIONAL MEMO
Page 2
additional cost. Any evidentiary item created using a non -Axon device or application is subject
to the contracted storage limit of 2630GB of data. As of 29 November 2021, 1003.1 GB of data
is used for these items currently stored as evidence for cases. Much of this data is associated
with felony cases which have an extended retention period due to court evidentiary rules,
statute of limitations for unfiled cases, and public disclosure laws.
Given the current usage, and recent legislation HB 1223 and HB 1140 now mandate the
following, interrogation for any felony must be audio recorded. Interrogation for any felony while
in custody at a jail, Police Station, or holding cell must be audio and video recorded. For
interrogation of a juvenile for any crime, an audio recording must be completed unless the
interrogation is conducted inside a jail, Police Station, or a holding cell, which requires both
audio and video recording. We assess that our need and usage of interview rooms and
recording will increase in the coming years.
ANALYSIS
Upon identifying the need for a dedicated interview room system that would meet our needs as
a Police Dept I began researching contractors in the industry. I Began with the supplier of our
previous and now outdated system and located three additional suppliers of interview room
systems. I developed a scope of work that would meet the needs of the Dept and if possible,
streamline operations as well. After contacting the four contractors I received three quotes for
the project. Each of the quotes received minor changes to ensure that each statement of work
matched the others as closely as possible. Quotes were received from Case Cracker,
Intelligent Video Solutions, and Axon Enterprise Inc. Upon receipt of the quotes, a live
demonstration via web presentation was conducted for each system. Of the three systems, all
met some or most the desired specifications, only one met all the desired specifications.
FINANCIAL IMPACT
Total cost for the recommended system is approx. $97,997.33, paid over 5 years. Costs are
detailed on the attached quote dates 30 November 2021. In addition to the detailed costs an
estimated $2,000 may be needed to run additional network drops and cabling to the identified
interview rooms and servers. This quote includes a 5 -year service agreement including
warranty and licensing as indicated. In prior discussion with Rachel Bianchi between $25,000
and $40,000 may be available from the Justice Center build fund. This amount would fully
cover the first years cost of approx. $33,659.81. Equal payments of $16,584.38 are paid during
years 2-5 totaling, $66,337.52. Much like the existing contracts with Axon Enterprises these
annual payments would be funded by the P.D. annual budget.
RECOMMENDATION
Based upon the evaluation of the available systems, our existing familiarity and use of the Axon
Enterprise systems, I am recommending approval for the expenditure of approx. $99,997.33
over the next five years. Approval for this project will ensure the Police Dept is up to date,
following the best practices of the industry, and able to fully comply with the recently enacted
legislation. I request that this item be forwarded to the 13 December 2021 Committee of the
Whole meeting for review and approval.
ATTACHMENTS
1. Axon Enterprise project quote with statement of work
2. System evaluation/selection criteria
3. Draft contract
https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/Police/Axon presentation Info Memo.docx
Axon Enterprise, Inc.
17800 N 85th St.
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
SHIP TO
BILL TO
Delivery;lnvoice-6200 Southcenter Blvd
6200 Southcenter Blvd
Tukwila, WA 98188-2544
USA
Tukwila Police Dept. - WA
6200 Southcenter Blvd
Tukwila, WA 98188-2544
USA
Email:
Program Length
60 Months
TOTAL COST
$92,821.90
$97,997.33
Q-344591-44530.540KP
Issued: 11/30/2021
0
Quote Expiration: 12/31/2021
EST Contract Start Date: 01/01/2022
Account Number: 107449
Payment Terms: N30
Delivery Method: Fedex - Ground
SALES REPRESENTATIVE
PRIMARY CONTACT
Kyle Panasewicz
Phone: +1 4803294734
Email: kylep@axon.com
Fax: (480) 905-2071
Phone: (206) 431-3657
Email: t.rossi@tukwilawa.gov
Fax: (206) 244-6181
Bundle Savings
Additional Savings
TOTAL SAVINGS
$0.00
$0.00
PAYMENT PLAN
PLAN NAME
Y1
Y2
Y3
Y4
Y5
INVOICE DATE
Dec, 2021
Dec, 2022
Dec, 2023
Dec, 2024
Dec, 2025
TAX AMOUNT
$2,904.31
$567.78
$567.78
$567.78
$567.78
AMOUNT DUE
$31,659.81
$16,584.38
$16,584.38
$16,584.38
$16,584.38
1
Q-344591-44530.540KP
0)
Quote Details
Bundle Summary
Item
DynamicBundle
DynamicBundle
DynamicBundle
Description
QTY
Dynamic Bundle
Dynamic Bundle
Dynamic Bundle
1
1
1
Bundle: Dynamic Bundle Quantity: 1 Start: 1/1/2022 End: 12/31/2026 Total: 4308 USD
Category
Other
Other
Other
Sensor Unit
Item Description
50218 INTERVIEW - CAMERA - COVERT MAIN UNIT
50118 INTERVIEW - MIC - WIRED (STANDARD MIC)
50298 INTERVIEW - CAMERA - OVERT DOME
50114 INTERVIEW - CAMERA - COVERT SENSOR
QTY
2
4
2
2
List Unit Price
$595.00
$196.50
$796.00
$370.00
Tax
$120.19
$79.39
$160.79
$74.74
Net Unit Price
$595.00
$196.50
$796.00
$370.00
Total(USD)
$1,190.00
$786.00
$1,592.00
$740.00
Bundle: Dynamic Bundle
Category
Quantity: 1 Start: 1/1/2022 End: 12/31/2026
Item Description
Total: 45989.1 USD
QTY List Unit Price
Tax
Net Unit Price
Total(USD)
Other
50298
INTERVIEW - CAMERA - OVERT DOME
3
$796.00
$241.19
$796.00
$2,388.00
Other
50268
POS -X TP6 TOUCH PANEL W/4GB RAM
3
$1,600.00
$484.80
$1,600.00
$4,800.00
Other
50118
INTERVIEW - MIC - WIRED (STANDARD MIC)
3
$196.50
$59.54
$196.50
$589.50
Other
50039
AXON CLIENT SW (EACH CLIENT AND
TOUCH PANEL) MAINTENANCE
3
$25.00
$454.50
$25.00
$4,500.00
Other
85170
INTERVIEW ROOM, INSTALL AND SETUP
3
$2,500.00
$757.50
$2,500.00
$7,500.00
Other
50037
AXON CLIENT SW (EACH CLIENT AND
TOUCH PANEL) LICENSE ACCESS
3
$1,500.00
$454.50
$1,500.00
$4,500.00
Other
50448
EXT WARRANTY, INTERVIEW ROOM
3
$21.62
$393.04
$21.62
$3,891.60
Other
50045
INTERVIEW ROOM UNLIMITED
EVIDENCE.COM STORAGE LICENSE
3
$99.00
Moo
$99.00
$17,820.00
Bundle: Dynamic Bundle Quantity: 1 Start: 1/1/2022 End: 12/31/2026 Total: 42254.8 USD
Category
Item
Description
QTY List Unit Price
Tax
Net Unit Price
Total(USD)
Other
50294
INTERVIEW - SERVER - LITE
2 $1,950.00
$393.90
$1,950.00
$3,900.00
2
Q-344591-44530.540KP
Other
85170
INTERVIEW ROOM, INSTALL AND SETUP
2
$2,500.00
$505.00
$2,500.00
$5,000.00
Other
50043
AXON STREAMING SERVER MAINTENANCE
(PER SERVER)
2
$29.17
$353.54
$29.17
$3,500.40
Other
50041
AXON STREAMING SERVER LICENSE (PER
SERVER)
2
$1,750.00
$353.50
$1,750.00
$3,500.00
Other
50448
EXT WARRANTY, INTERVIEW ROOM 2
$21.62
$262.04
$21.62
$2,594.40
Other
50045 INTERVIEW ROOM UNLIMITED 4
EVIDENCE.COM STORAGE LICENSE
$99.00
$0.00
$99.00
$23,760.00
INDIVIDUAL ITEMS
Category
Item
Description
QTY
List Price
Tax
Net Price
Total(USD)
Other
74059
INTERVIEW - ENCLOSURE - MOTION
SENSOR
2 $135.00
$27.27
$135.00
$270.00
Total:
$270.00
Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit
prior to invoicing.
3
Q-344591-44530.540 KP
co
Standard Terms and Conditions
Axon Master Services and Purchasing Agreement:
ACEIP:
Axon Enterprise Inc. Sales Terms and Conditions
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon's Master Services and Purchasing Agreement
(posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room
purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the
extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as
described below.
The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de -identified segments of Agency Content with Axon to
develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by
reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.
Acceptance of Terms:
Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you
are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency
for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.
4 Q-344591-44530.540 KP
Signature Date Signed
11/30/2021
co 5 Q-344591-44530.540KP
10
STATEMENT OF WORK & CONFIGURATION DOCUMENT
Axon Interview Recording Platform
This document details a proposed system design
Agency Created For: Tukwila Police Dept. - WA
Sold By:
Designed By:
Installed By:
Customer Contact:
Target Install Date:
Kyle Panasewicz
Jake Borro
Axon Professional Services
Todd Rossi
01/01/2021
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4
11
AXON INTERVIEW RECORDING PLATFORM
This image is intended to be a general visual of how Interview Room is configured. Please read through the SOW for
configuration specific to this deal.
0
IP Camera(s)
Mics)
Touch Panel(s)
4
Primary Recording Server
R
Data Switch/POE Power Evidence Management System
Secondary Recording Server
AXON -PROVIDED HARDWARE SUMMARY
The following section offers a broad summary of the Axon -provided hardware needed to configure this order. With the
exception of server quantities, QUANTITIES DO NOT REFLECT CUSTOMER -PROVIDED ITEMS.
Total Camera Configurations
7 Camera(s)
2 Covert Enclosure(s)
7 Microphone(s)
Injector(s)
Total Switches
1 POE Switch(es)
Total Servers
2 Server(s)
Total Touch Panels
3 Touch Panel(s)
0 Wall Mount(s)
Total Camera Configurations
0 I/O Box(es)
Locations
HQ
# Rooms
5
12
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5
INTERVIEW ROOM OVERVIEW
The following sections detail the configuration of the Axon Interview recording system at all locations.
Network Considerations
Network Requirements
Each IP Camera will be connected to a POE switch that provides the device with power and network
connectivity.
Each Recording Server must be given a static IPv4 network address that is routable across the
network.
Each IP Camera must be given a static IPv4 network address that is routable across the network.
Each touch panel/kiosk must be given a static IPv4 network address that is routable across the
network.
Network Addressing
Network Device
Static IPs
Total IPs
Qty of IP Cameras
7
12
Qty of Touch Panels
3
Qty of Recording Servers
2
Data Switch Provisioning
This install will require POE data switches at each location.
Customer Provided Items
Customer to provide all device IP addresses
Customer to also provide:
• Subnet Mask
• Gateway IP
• DNS/WINS IP
• Time Server IP
Customer IT staff will configure all switches with proper network configuration.
Metadata Tags
Metadata Ta in
gg g
The system will collect metadata information prior to, and after, the interview recording process (i.e.
Interviewer Name, Interviewee Name, Case Number).
Metadata Tags
Information collected prior to recording:
• Interviewee first and last name
• Case number
• Case type
• Interviewee type
Information collected post recording:
• Interviewer name(s)
Customer Provided Items
Customer to provide preferred metadata fields.
Axon Provided Items
Axon to facilitate the creation of metadata fields.
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6
13
NETWORK CONFIGURATION DETAILS
The following section offers a broad summary of the Axon -provided hardware needed to configure this order.
Network Configuration Details
Evidence Management System
Evidence.com
Network Applications:
• Remote monitoring application
Evidence.com Application Features:
Application Features
• Secure Cloud Storage
• Redaction
• Download/Sharing
• Audit Trail
• Reporting
Training
Application Package
This solution will include on-site application training covering:
• Touch panel overview
• Initiating interview wizard
• Entering metadata
• Controlling the interview process
• Closing an interview
• Evidence.com functionality
Additional General Deal Notes
Notes
14
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7
LOCATION DETAILS: HQ
The following sections detail the configuration of the Axon Interview recording system at HQ
Location Name
Cable Considerations
HQ
Cabling Runs
Axon Professional Services will install the networking cables using a Cat6e Cable.
13
cable runs are required for this installation.
8
110v power outlets are required for this installation (Customer Responsibility).
Cabling
Requirements
All Devices:
Network cabling must be provided for the following devices:
• Axis IP Camera
• Server
• Touch Panel
• POE Switch
Servers, Switches, Touch Panels
Servers
Axon Interview Lite Server
Quantity.
1
Axon Interview Lite Server
1
Redundancy
This system includes recording redundancy
Data Switch/POE Power
Customer will provide data switch
Quantity:
1
Touch Panels
3 Touch Panels
Touch Panel Location
1 in Soft Room area, 1 in Hard Room area, 1 in Internal Soft Room area
Number of I/O Boxes Required
0
Additional Location Notes
Notes
Tukwila PD will provide the POE switches required to power the Interview Room cameras.
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8
15
ROOM DETAILS: Hard Interview Room 1
The following sections detail the configurations specific to HARD INTERVIEW ROOM 1
Location Name
Room Name
Camera Configuration
HQ
Hard Interview Room 1
Camera 1
Camera 1 will be a(n) : Axis P3245 -LV Overt Dome Camera
Mic: Louroe Tamper Proof Mic
Camera 2
Camera 2 will be a(n) : AXIS F41/F1025 Covert IP Camera
Covert Enclosure : Motion Sensor Enclosure
Mic: Louroe Tamper Proof Mic
Recording Activation
Recording will be triggered via IR Client
External Recording -In-
Progress Visual
N/A
Wall Configuration
Cinder Block
Ceiling Configuration
Cinder Block
Additional Location Notes
Notes
16
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9
ROOM DETAILS: Hard Interview Room 2
The following sections detail the configurations specific to HARD INTERVIEW ROOM 2
Location Name
Room Name
Camera Configuration
HQ
Hard Interview Room 2
Camera 1
Camera 1 will be a(n) : Axis P3245 -LV Overt Dome Camera
Mic: Louroe Tamper Proof Mic
Camera 2
Camera 2 will be a(n) : AXIS F41/F1025 Covert IP Camera
Covert Enclosure : Motion Sensor Enclosure
Mic: Louroe Tamper Proof Mic
Recording Activation
Recording will be triggered via IR Client
External Recording -In-
Progress Visual
N/A
Wall Configuration
Cinder Block
Ceiling Configuration
Cinder Block
Additional Location Notes
Notes
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17
ROOM DETAILS: Soft Interview Room 1
The following sections detail the configurations specific to SOFT INTERVIEW ROOM 1
Location Name
Room Name
Camera Configuration
HQ
Soft Interview Room 1
Camera 1
Camera 1 will be a(n) : Axis P3245 -LV Overt Dome Camera
Mic: Louroe Tamper Proof Mic
Recording Activation
Recording will be triggered via IR Client
External Recording -In-
Progress Visual
N/A
Wall Configuration
Drywall with Soundproofing
Ceiling Configuration
Standard Tile
Additional Location Notes
Notes
18
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ROOM DETAILS: Soft Interview Room 2
The following sections detail the configurations specific to SOFT INTERVIEW ROOM 2
Location Name
Room Name
Camera Configuration
HQ
Soft Interview Room 2
Camera 1
Camera 1 will be a(n) : Axis P3245 -LV Overt Dome Camera
Mic: Louroe Tamper Proof Mic
Recording Activation
Recording will be triggered via IR Client
External Recording -In-
Progress Visual
N/A
Wall Configuration
Drywall with Soundproofing
Ceiling Configuration
Standard Tile
Additional Location Notes
Notes
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19
ROOM DETAILS: Soft Interview Room 3
The following sections detail the configurations specific to SOFT INTERVIEW ROOM 3
Location Name
Room Name
Camera Configuration
HQ
Soft Interview Room 3
Camera 1
Camera 1 will be a(n) : Axis P3245 -LV Overt Dome Camera
Mic: Louroe Tamper Proof Mic
Recording Activation
Recording will be triggered via IR Client
External Recording -In-
Progress Visual
N/A
Wall Configuration
Drywall with Soundproofing
Ceiling Configuration
Standard Tile
Additional Location Notes
Notes
20
QR -23057 - a3b4y000002uWM9AAM
13
Axon International, Inc's Sales Terms and Conditions
for Direct Sales to End User Purchasers
This Statement of Work is bound to the applicable signed quote. Upon confirmation of
the installation dates, to be confirmed in writing, the agency will give no less than a 2 -
week advanced notice of cancellation or change from the date of the scheduled
installation. In the event the Agency cancels 2 weeks or less from the date of the
scheduled installation, the agency will be responsible for all travel booked, and
resource costs associated with the cancelled installation. Rescheduling of the
installation will be at the discretion of Axon Professional Services based on available
dates within the installation schedule calendar.
Changes to the scope of this SOW must be documented and agreed upon by the
Parties in a change order. If the changes cause an increase or decrease in any
charges or cause a scheduling change from that originally agreed upon, an equitable
adjustment in the charges or schedule will be agreed upon by the Parties and included
in the change order, signed by both Parties.
QR -23057 - a3b4y000002uWM9AAM
14
21
Tax is subject to change at order processing with valid exemption.
Axon's Sales Terms and Conditions
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon's Master Services and Purchasing Agreement
(posted at www.axon.com/legal/sales-terms-and-conditions) and the Axon Customer Experience Improvement Program Appendix, which includes
the sharing of de -identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at
www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room
purchase, if applicable. The Axon Customer Experience Improvement Program Appendix ONLY applies to Customers in the USA. In the event
you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it contemplates the
products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix. Any purchase order
issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully
able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for
whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.
Signature: Date:
Name (Print): Title:
PO# (Or write
N/A):
Please sign and email to Kyle Panasewicz at kylep@axon.com or fax to (480) 905-2071
Thank you for being a valued Axon customer. For your convenience on your next order, please check out our online store buy.axon.com
The trademarks referenced above are the property of their respective owners.
***Axon Internal Use Only***
SFDC Contract#:
Order Type:
RMA#:
Address Used:
SO #:
Review 1
Review 2
Comments:
22
Q-344591-44488.641 KP
15
Protect Life.
Interview System
Selection & Evaluation
1. Monitor / Record multiple rooms audio and video
a.
b.
c.
d.
All rooms all audio and video
2+ rooms all audio and video
2 rooms all audio and video
1 room all audio and video
2. File transfer to Evidence.com
a. Direct is preferred
b. By network Tx, wireless or direct
c. External storage device
3. System operation:
a. In room / room entry
b. Remote operation
4. Remote observation
a. Monitor on-site at the Justice Center
b. Remotely monitor off site
5. Secure access
a. Profile managed access
b. Access audit trail
c. Ability to share access
6. User download of files / transfer
a. Operator / user
b. Records personnel
7. Multiple cameras in room
a. Hard interview rooms
b. Soft interview rooms
8. System familiarity / integration
a. Current user experience
b. Prior user experience
c. No user experience
(most preferred)
(less preferred)
(least preferred)
(mandatory minimum)
(most preferred)
(less preferred)
(least preferred)
(mandatory)
(preferred)
(mandatory)
(preferred)
(mandatory)
(mandatory)
(mandatory)
(most preferred)
(least preferred)
(mandatory)
(preferred)
(most preferred)
(less preferred)
(least preferred)
23
24
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA98188
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 Axon Enterprise Inc , hereinafter
referred to as "the Contractor," whose principal office is located at
17800 N. 85th St. Scottsdale, AZ 85255 .
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, rules and ordinances applicable to the performance of such services and the
handling of any funds used in connection therewith. 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 attached hereto and incorporated herein by this
reference. The total amount to be paid shall not exceed $97,997.33 at a rate of N/A
3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the
maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City
whenever the Contractor desires to amend its budget in any way.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing
XX January , 2022_, and ending XX December, 2026_, unless sooner terminated under the
provisions hereinafter specified.
5. 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.
6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers,
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 for injuries and damages caused by the sole negligence of the Public Entity.
CA Revised May 2020 Page 1 of 4
25
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 Public Entity, 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.
7. 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. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident. Automobile liability insurance shall cover all
owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services
Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence,
$2,000,000 general aggregate and $2,000,000 products -completed operations aggregate
limit. Commercial General Liability insurance shall be as least at broad as 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 a per project general aggregate limit using ISO form
CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability
arising from explosion, collapse or underground property damage. The City shall be named
as an additional insured under 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 -Completed Operations endorsement CG 20 37 10 01 or
substitute endorsements providing at least as broad coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance
limits than the minimums shown above, the Public Entity shall be insured for the full available limits
of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective
of whether such limits maintained by the Contractor are greater than those required by this Contract
or whether any certificate of insurance furnished to the Public Entity evidences limits of liability
lower than those maintained by the Contractor.
C. 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.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A: VII.
CA Revised May 2020 Page 2 of 4
26
E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of
the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before commencement of
the work. Upon request by the City, the Contractor shall furnish certified copies of all required
insurance policies, including endorsements, required in this Agreement and evidence of all
subcontractors' coverage.
F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance
coverage that complies with all applicable requirements of the Contractor -provided insurance as
set forth herein, except the Contractor shall have sole responsibility for determining the limits of
coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public
Entity is an additional insured on each and every Subcontractor's Commercial General liability
insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing
operations and CG 20 37 10 01 for completed operations.
G. 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.
H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as
required shall constitute a material breach of contract, upon which the City may, after giving five
business days notice to the Contractor to correct the breach, immediately terminate the contract
or, at its discretion, procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion
of the City, offset against funds due the Contractor from the City.
8. 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.
9. 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.
10. Termination. This Agreement may at any time be 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.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age,
veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the
presence of any disability, or any other protected class status under state or federal law, in the
selection and retention of employees or procurement of materials or supplies.
12. 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.
13. 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.
CA Revised May 2020 Page 3 of 4
27
14. 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.
15. 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 address provided by the Contractor upon the
signature line below.
16. Applicable Law: Venue: Attorney's Fees. This Agreement shall be 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 , 20_
CITY OF TUKWILA CONTRACTOR
Allan Ekberg, Mayor
ATTEST/AUTHENTICATED:
City Clerk, Christy O'Flaherty
APPROVED AS TO FORM:
Office of the City Attorney
By:
Printed Name and Title:
Address:
CA Revised May 2020 Page 4 of 4
28
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Services & Safety Committee
FROM: Jay C. Wittwer, Fire Chief
Norm Golden, Deputy Chief
BY: Jay C. Wittwer, Fire Chief
CC: Allan Ekberg, Mayor
David Cline, City Administrator
DATE: 11/30/2021
SUBJECT: Interlocal Agreement (ILA) for Fire Investigation services
CURRENT STATUS
Fire Investigation to determine the origin and cause of every fire is mandated by law. Incendiary
and suspicious fires are then referred to Law Enforcement for follow up investigations. Fire
Investigations in Tukwila is conducted by the Tukwila Fire Marshal's Office (FMO) using the Fire
Marshal, or one of the two Deputy Fire Marshals. It is difficult to plan for fire investigation
needs as fires are unplanned events. This disrupts the scheduled inspections and meetings that
support development/code enforcement.
Tukwila has about 75 fire investigations for Origin and Cause each year. The regular caseload
for an experienced fire investigator is between 60-70 cases per year.
Puget Sound Regional Fire Authority (PSRFA) is restructuring their Fire Investigation team and is
open to a joint effort to better address this dynamic need. There is an opportunity to join PSRFA
to provide origin and cause investigation services to both PSRFA and the City of Tukwila. A one-
year trial period would provide a chance to see if this model is a more sustainable procedure for
fire investigation in the City of Tukwila.
DISCUSSION
An Inter -Local Agreement would be entered with the following terms:
• One-year agreement for 2022, renewable for consecutive years (in the event
further consolidation does not occur).
• PSRFA provides origin/cause fire investigations to the City of Tukwila, and
partners with law enforcement (Tukwila PD, KCSO, ATF) as needed to assist with
the investigation of incendiary fires in the city.
• Tukwila Fire provides one Full Time Position (FTE) Captain Aaron Johnson to the
PSRFA fire investigations unit.
29
INFORMATIONAL MEMO
Page 2
o Captain Johnson remains an employee of TFD; he will work 4 'tens' out of
PSRFA Station 74 under the direction of Fire Investigation Unit supervisor
Ken Goll.
o Captain Johnson may work out of TFD whenever it suits his needs and the
needs of the unit.
• All PSRFA investigators, including Captain Johnson, will investigate fires
throughout the RFA's service area and in the city of Tukwila. They will share in
the associated 'standby' burden.
• TFD will continue to provide a vehicle, portable radio, uniforms, etc.
• PSRFA will provide a laptop / connectivity and office space at station 74.
• The Tukwila FTE assigned will report to the Fire Chief Directly with any City of
Tukwila specific issues.
• This agreement will benefit both agencies and others that may join in the future,
as it will provide for a sustainable model for fire investigation services.
Currently Tukwila Fire Department is not staffed sufficiently to handle the workload of fire
investigations. As of this year we have had approximately 80 fire investigations, that have
come in groups. All fire investigators in the FMO are working on investigations while trying to
balance their other schedule. A dedicated fire investigator will bring a more experienced level
of investigations to our community as well as eliminate the impacts of investigations on the
other services of the FMO.
FINANCIAL IMPACT
No new financial impacts. Staffed with one FTE from the current assignment to the FMO.
No other financial impact will be incurred outside of the discussion points above.
RECOMMENDATION
Staff are recommending approval from this committee to forward for approval to the COW
Meeting and Special meeting that same night on December 13, 2021.
ATTACHMENTS
This ILA is being reviewed by legal services for both agencies involved in the ILA. All the main
points are outlined in the discussion area above. The ILA will be provided to the CSS Committee
on December 6, 2022, with full approval from the Tukwila City Attorney.
30
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Tukwila City Councilmembers
FROM: Kari L. Sand, City Attorney
CC: Mayor Ekberg
DATE: November 29, 2021
SUBJECT: Indemnification of City Employees, Officials and Volunteers
ISSUE
Currently, the Tukwila Municipal Code ("TMC") does not have provisions for the indemnification
of city employees, officials or volunteers; therefore, it is recommended that the City Council
adopt an ordinance setting forth such provisions consistent with RCW 4.96.041.
BACKGROUND
RCW 4.96.041 provides that whenever an action or proceeding for damages is brought against
any past or present employee, official or volunteer of the city, arising from acts or omissions
while performing, or in good faith purporting to perform, his or her official duties, such officer,
employee, or volunteer may request the city to authorize the defense of the action or proceeding
at the expense of the city.
The recommended new Chapter 2.105 TMC establishes a process for employee, official and
volunteer indemnification and procedures to determine whether the acts or omissions of said
officer, employee or volunteer were, or in good faith purported to be, within the scope of his or
her official duties.
DISCUSSION
Through its risk pool, the Washington Cities Insurance Authority, the city has an established
practice and history of defending and indemnifying past and present employees, elected officials
and volunteers of the city; however, it is recommended that the practice be formally
acknowledged through the adoption of procedures to be codified in a new chapter 2.105 TMC
consistent with RCW 4.96.041.
FINANCIAL IMPACT
N/A
RECOMMENDATION
The Council is being asked to review and approve the proposed ordinance at the December 13,
2021 Special Meeting Consent Agenda.
ATTACHMENT
Draft Ordinance
31
32
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING A NEW CHAPTER
2.105 OF THE TUKWILA MUNICIPAL CODE ENTITLED
"INDEMNIFICATION OF CITY EMPLOYEES, OFFICIALS,
AND VOLUNTEERS;" PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, RCW 4.96.041 provides that whenever an action or proceeding for
damages is brought against any past or current employee, official, or volunteer of the City,
arising from acts or omissions while performing or in good faith purporting to perform his or
her official duties, such employee, official, or volunteer may request the City to authorize the
defense of the action or proceeding at the expense of the City; and
WHEREAS, RCW 4.96.041 further provides that if the City Council of Tukwila as the
legislative authority of the City using a procedure created by ordinance or resolution, finds
that the acts or omissions of the City employee, official, or volunteer were, or in good faith
purported to be, within the scope of his or her official duties, the request to authorize the
defense of the action or proceeding at the expense of the City shall be granted and the
necessary expenses of defending the action or proceeding shall be paid by the City; and
WHEREAS, Title 2 of the Tukwila Municipal Code (TMC) contains code provisions
regarding personnel of the City; and
WHEREAS, this ordinance creates a new TMC Chapter 2.105, entitled "Indemnification
of City Employees, Officials and Volunteers," to specify that employees, officials or
volunteers of the City performing official duties in good faith and within the scope of those
duties shall be provided such legal representation as reasonably necessary to defend a
claim or lawsuit filed against such employee, official or volunteer; and
WHEREAS, this ordinance creates a procedure for the City Council to determine if the
acts or omissions of the City employee, official or volunteer were, or in good faith purported
to be, within the scope of his or her official duties;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
CC: Legislative Development\Indemnification of City Employees, Officials, and Volunteers 11-29-21
KS:bjs Review and analysis by Barbara Saxton
Page 1 of 7
33
Section 1. Regulations Established. Tukwila Municipal Code (TMC) Chapter
2.105, titled "Indemnification of City Employees, Officials and Volunteers," is hereby
established to read as follows:
Sections:
2.105.010 Purpose
2.105.020 Definitions
2.105.030 Legal Representation
2.105.040 Exclusions
2.105.050 Determination of Exclusion
2.105.060 Representation and Payment of Claims — Conditions
2.105.070 Effect of Compliance with Conditions
2.105.080 Failure to Comply with Conditions
2.105.090 Reimbursement of Incurred Expenses
2.105.100 Conflict with Provisions of Insurance Policies or Self -Insurance
Plan
2.105.110 Pending Claims
Section 2. Regulations Established. TMC Section 2.105.010, "Purpose," is
hereby established to read as follows:
2.105.010 Purpose
The purpose of this chapter is to protect past and current City employees, officials
and volunteers acting in good faith purporting to perform his or her official duties and to
authorize the defense of any action or proceeding against such employee, official or
volunteer and to create a procedure to determine whether or not the acts or omissions of
the employee, official or volunteer were, or in good faith purported to be, within the scope
of their official duties.
Section 3. Regulations Established. TMC Section 2.105.020, "Definitions," is
hereby established to read as follows:
2.105.020 Definitions
Unless the context indicates otherwise, the words and phrases used in this chapter
shall have the following meanings:
1. "Employee" means any person who is or has been employed by the City.
"Employee" does not include independent contractors.
2. "Official" means any person who is serving or has served as an elected City
official, and any person who is serving or has served as an appointed member of any City
Board, Commission, Committee, or other appointed position with the City. "Official" does
not include independent contractors performing the duties of appointed positions.
3. "Volunteer" means any person who performs or has performed his or her
services gratuitously for the benefit of the City and has no employer-employee
relationship with the City.
CC: Legislative Development\Indemnification of City Employees, Officials, and Volunteers 11-29-21
KS:bjs Review and analysis by Barbara Saxton
34
Page 2 of 7
Section 4. Regulations Established. TMC Section 2.105.030, "Legal
Representation," is hereby established to read as follows:
2.105.030 Legal Representation
A. As a condition of service or employment with the City of Tukwila, the City shall
provide to a City employee, official, or volunteer, and any spouse or registered domestic
partner of a City employee, official, or volunteer to the extent the community, as
community is defined in Chapter 26.16 RCW is implicated, subject to the conditions and
requirements of this chapter, and notwithstanding the fact that such employee, official, or
volunteer may have concluded service or employment with the City, such legal
representation as may be reasonably necessary to defend a claim or lawsuit filed against
such employee, official, or volunteer resulting from any conduct, act or omission of such
employee, official, or volunteer performed or omitted on behalf of the City in his or her
capacity as a City employee, official, or volunteer, which act or omission is within the
scope of their service or employment with the City.
B. The legal services shall be provided by the Office of the City Attorney unless:
1. Any provision of an applicable policy of insurance or self-insurance plan
provides otherwise; or
2. A conflict of interest or ethical bar exists with respect to said representation;
or
3. The Mayor determines that the assignment of counsel other than the City
Attorney is necessary or prudent under the circumstances.
C. In the event that outside counsel is retained under subsection (B) of this section,
the City shall indemnify the City employee, official, or volunteer from the reasonable costs
of defense; provided, that in circumstances where outside counsel is retained under
subsection (B) of this section, the City controls the defense of the matter consistent with
the contract with the outside counsel selected by the City.
Section 5. Regulations Established. TMC Section 2.105.040, "Exclusions," is
hereby established to read as follows:
2.105.040 Exclusions
In no event shall protection be offered under this chapter by the City to:
1. Any dishonest, fraudulent, criminal, intentionally wrongful or malicious act
or course of conduct of a City employee, official, or volunteer;
2. Any act or course of conduct of a City employee, official, or volunteer that
is not performed on behalf of the City;
3. Any act or course of conduct that is outside the scope of a City employee's,
official's, or volunteer's service or employment with the City; and/or
CC: Legislative Development\Indemnification of City Employees, Officials, and Volunteers 11-29-21
KS:bjs Review and analysis by Barbara Saxton
Page 3 of 7
35
4. Any lawsuit brought against a City employee, official, or volunteer by or on
behalf of the City.
B. Nothing herein shall be construed to waive or impair the right of the City Council
to institute suit or counterclaim against any City employee, official, or volunteer, nor to
limit its ability to discipline or terminate an employee. The protections of this chapter shall
not apply with respect to any accident, occurrence, or circumstance for which the City or
the City employee, official, or volunteer is insured against loss or damages under the
terms of any valid insurance policy or self-insurance program; provided, that this chapter
shall provide protection, subject to its terms and limitations, above any loss limit of such
policy. The provisions of this chapter are intended to be secondary to any contract or
policy of insurance owned or applicable to any employee, official, or volunteer. The City
shall have the right to require any employee, official, or volunteer to utilize any such policy
protection prior to requesting the protection afforded by this chapter.
Section 6. Regulations Established. TMC Section 2.105.050, "Determination of
Exclusion," is hereby established to read as follows:
2.105.050 Determination of Exclusion
The determination of whether a City employee, official, or volunteer shall be afforded
a defense by the City under the terms of this chapter shall be finally determined by the
City Council on the recommendation of the Mayor. The City Council may request the City
Attorney to provide an opinion or recommendation concerning the determination. The
decision of the City Council shall be final as a legislative determination of the Council.
Nothing herein shall preclude the City from undertaking a City employee's, official's, or
volunteer's defense under a reservation of rights.
Section 7. Regulations Established. TMC Section 2.105.060, "Representation
and Payment of Claims—Conditions," is hereby established to read as follows:
2.105.060 Representation and Payment of Claims — Conditions
The protections of this chapter shall apply only when the following conditions are
met:
1. In the event of any incident or course of conduct potentially giving rise to a
claim for damage, or the commencement of a suit, the City employee, official, or volunteer
involved shall, as soon as practicable, give the City Administrator written notice thereof,
identifying the City employee, official, or volunteer involved; all information known to the
employee, official, or volunteer involved; all information known to the employee, official,
or volunteer with respect to the date, time, place and circumstances surrounding the
incident or conduct giving rise to the claim or lawsuit; as well as the names and addresses
of all persons allegedly injured or otherwise damaged thereby, and the names and
addresses of all witnesses.
CC: Legislative Development\Indemnification of City Employees, Officials, and Volunteers 11-29-21
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36
Page 4 of 7
2. Upon receipt thereof, the City employee, official, or volunteer shall forthwith
deliver any claim, demand, notice or summons or other process relating to any such
incident or conduct to the City Attorney, and shall cooperate with the City Attorney, or an
attorney designated by the City, and, upon request, assist in making settlement of any
suit and enforcing any claim for any right of subrogation against any persons or
organizations that may be liable to the City because of any damage or claim of loss arising
from the incident or course of conduct, including but not limited to rights of recovery for
costs and attorneys' fees arising out of state or federal statute upon a determination that
the suit brought is frivolous in nature.
3. Such City employee, official, or volunteer shall attend interviews,
depositions, hearings, and trials and shall assist in securing and giving evidence and
obtaining attendance of witnesses all without any additional compensation to the
employee, official, or volunteer and, in the event that an employee has left the employ of
the City, no fee or compensation shall be provided. The City shall pay reasonable out-
of-pocket expenses and costs (e.g., travel expenses, parking expenses, etc.) incurred by
City employees, officials, and volunteers (including former employees, former officials,
and former volunteers) in connection with such attendance. All such expenses shall be
approved by the City Administrator, or designee, and the City Administrator's
determination shall be final.
4. Such City employee, official, or volunteer shall not accept nor voluntarily
make any payment, assume any obligations, or incur any expense relating to the claim
or suit, other than for first aid to others at the time of any incident or course of conduct
giving rise to any such claim, loss, or damage.
Section 8. Regulations Established. TMC Section 2.105.070, "Effect of
Compliance with Conditions," is hereby established to read as follows:
2.105.070 Effect of Compliance with Conditions
If legal representation of a City employee, official, or volunteer is undertaken
consistent with this chapter, all of the conditions of representation are met, and a
judgment is entered against the employee, official, or volunteer, or a settlement made,
the City shall pay such judgment or settlement; provided, that the City may, at its
discretion, appeal as necessary such judgment.
Section 9. Regulations Established. TMC Section 2.105.080, "Failure to Comply
with Conditions," is hereby established to read as follows:
2.105.080 Failure to Comply with Conditions
In the event that any City employee, official, or volunteer fails or refuses to comply
with any of the conditions of TMC Section 2.105.060 or elects to provide his/her own
representation with respect to any such claim or litigation, then all of the protections of
this chapter shall be inapplicable and shall have no force or effect with respect to any
such claim or litigation.
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Section 10. Regulations Established. TMC Section 2.105.090, "Reimbursement
of Incurred Expenses," is hereby established to read as follows:
2.105.090 Reimbursement of Incurred Expenses
A. If the City determines that a City employee, official, or volunteer does not come
within the provisions of this chapter, and a court of competent jurisdiction later determines
that such claim does come within the provisions of this chapter, then the City shall pay
any judgment for nonpunitive damages rendered against the employee, official, or
volunteer and reasonable attorneys' fees incurred in defending against the claim.
Consistent with RCW 4.96.041(4), the City Council may by motion agree to pay an award
for punitive damages based on the specific facts and circumstances of the case, which
shall be determined on a case-by-case basis. The City shall pay any attorneys' fees
incurred in obtaining the determination that such claim is covered by the provisions of this
chapter.
B. If the City determines that a claim against a City employee, official, or volunteer
does not come within the provisions of this chapter, and a court of competent jurisdiction
later finds that such claim does not come within the provisions of this chapter, then the
City shall be reimbursed by the employee, official, or volunteer for costs or expenses
incurred in obtaining the determination that such claim is not covered by the provisions of
this chapter.
Section 11. Regulations Established. TMC Section 2.105.100, "Conflict with
Provisions of Insurance Policies or Self -Insurance Plan," is hereby established to read as
follows:
2.105.100 Conflict with Provisions of Insurance Policies or Self-insurance Plan
Nothing contained in this chapter shall be construed to modify or amend any
provision of any policy of insurance or self-insurance plan where any City employee,
official, or volunteer thereof is the named insured. In the event of any conflict between
this chapter and the provisions of any such policy of insurance or self-insurance plan, the
policy or plan provisions shall be controlling; provided, however, that nothing contained
in this section shall be deemed to limit or restrict any City employee's, official's, or
volunteer's right to full protection pursuant to this chapter, it being the intent of this chapter
and section to provide the protection detailed in this chapter outside and beyond
insurance policies that may be in effect, while not compromising the terms and conditions
of such policies by any conflicting provision contained in this chapter.
Section 12. Regulations Established. TMC Section 2.105.110, "Pending Claims,"
is hereby established to read as follows:
2.105.110 Pending Claims
The provisions of this chapter shall apply to any pending claim or lawsuit against a
City employee, official, or volunteer, or any such claim or lawsuit hereafter filed,
irrespective of the date of the events or circumstances which are the basis of such claim
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or lawsuit.
Section 13. Corrections by City Clerk or Code Reviser Authorized. Upon
approval of the City Attorney, the City Clerk and the code reviser are authorized to make
necessary corrections to this ordinance, including the correction of clerical errors;
references to other local, state, or federal laws, codes, rules, or regulations; or ordinance
numbering and section/subsection numbering.
Section 14. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 15. 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 16. 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 , 2021.
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:
Ordinance Number:
Office of the City Attorney
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