HomeMy WebLinkAboutCSS 2021-12-06 Item 1B - Contract - Audio Recording for Interview Rooms with Axon EnterpriseCity 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
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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
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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
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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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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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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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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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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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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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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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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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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
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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.
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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:
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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)
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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.
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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.
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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.
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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:
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