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HomeMy WebLinkAboutCSS 2024-08-12 COMPLETE AGENDA PACKETCity of Tukwila Community Services and Safety Committee O Jovita McConnell, Chair O De'Sean Quinn O Hannah Hedrick AGENDA MONDAY, AUGUST 12, 2024 — 5:30 PM Distribution: J. McConnell D. Quinn H. Hedrick Mayor McLeod M. Wine A. Youn L. Humphrey ON -SITE PRESENCE: TUKWILA CITY HALL HAZELNUT CONFERENCE Room 6200 SOUTHCENTER BOULEVARD REMOTE PARTICIPATION FOR THE PUBLIC: 1-253-292-9750, ACCESS CODE: 936039108# Click here to: Join Microsoft Teams Meeting For Technical Support: 1-206-433-7155 Item Recommended Action Page 1. BUSINESS AGENDA a. Grant Agreement for the Alternative Response Team Co -Responder Program Eric Lund, Deputy Police Chief b. Contract for Evidence Justice Services Marty Wine, City Administrator c. Contract for Co -Responder Program Eric Lund, Deputy Police Chief d. Resolution authorizing grant applications for the Riverton Park Playground and Tukwila Community Center David Rosen, Parks and Recreation Fiscal Analyst e. Contract for Foster Golf Links Roof Replacement John Dunn, Recreation Superintendent (continued...) a. b. c. d. e. Forward to 8/19 Regular Meeting Consent Agenda. Forward to 8/19 Regular Meeting Consent Agenda. Forward to 8/19 Regular Meeting Consent Agenda. Forward to 8/19 Regular Meeting Consent Agenda. Forward to 8/19/ Regular Meeting Consent Agenda. Pg.1 Pg.19 Pg.35 Pg.55 Pg.75 The City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206-433-1800 (TukwilaCityClerk@TukwilaWA.gov) for assistance. Community Services and Safety Committee Monday, August 12, 2024 Page 2 Item Recommended Action Page 1. BUSINESS AGENDA (cont.) f. Update on automated traffic safety cameras in park zones. f. Discussion only. Pg.83 Eric Lund, Deputy Police Chief and Kris Kelly, Parks and Recreation Manager g. 2024 2nd Quarter Parks & Recreation Report g. Discussion only. Pg.133 Kris Kelly, Parks and Recreation Manager h. 2024 2nd Quarter Police Report h. Pg.139 Eric Lund, Deputy Police Chief Discussion only. 2. MISCELLANEOUS Next Scheduled Meeting: September 9, 2024 S. The City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206-433-1800 (TukwilaCityClerk@TukwilaWA.gov) for assistance. City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Community Services & Safety Committee FROM: Eric Dreyer, Chief of Police BY: Jake Berry, Police Department Budget Analyst CC: Thomas McLeod DATE: August 12th, 2024 SUBJECT: Grant to Provide MHP Co -Responder Services ISSUE The Police Department has been awarded a no -match grant through the Association of Washington Cities (AWC) that provides funding for Mental Health Professionals (MHP) to respond in -field to assist those in crisis and/or experiencing traumatic events. This grant replaces the 2023 MHP grant which expired in June of 2024. Because this grant agreement exceeds the Mayor's signing authority, the Police Department is asking Council to authorize the Mayor to execute the agreement. BACKGROUND The 2022 AWC MHP Co -Responder grant was AWC's first foray into funding police department - level MHP programs. Funded by Senate Bill 5693, the purpose was to assist cities with the documented costs to create co -responder programs within different alternative diversion models including law enforcement assisted diversion programs, community assistance referral and education programs, and as part of mobile crisis teams. The 2022 grant was to fund programs that were in the start-up phase and was written to fund Tukwila's second MHP Co -Responder. This 2024 AWC grant provides funding for the PD's MHP Co -Responder contractual agreement with Sound Mental Health (rather than just the costs of the second Co -Responder). The 2024 AWC Grant represents the third consecutive year that AWC and the Tukwila Police Department have partnered to provide the Community these services. Unfortunately, this third year will be the final period that Tukwila is able to participate in this funding opportunity due to a three-year stipulation placed upon the grant. DISCUSSION The Police Department's MHP Co -Responder program has been serving the community for over two years now with a great deal of success. Through this no -match grant -funded partnership with AWC, the program will receive funding to continue the good work. FINANCIAL IMPACT This is a no -match grant with a maximum value of $111,000, a start date of July 1st 2024, and an end date of June 30th 2025. The grant's reimbursements will help to offset the Police Department costs for the contracted services of two Sound Mental Health -provided Co - Responders. Because the grant is written to fund two MHPs, the funds provided by this grant will likely be depleted in Q1'25. 1 INFORMATIONAL MEMO Page 2 RECOMMENDATION The Committee is being asked to forward this matter to the August 19th 2024 Consent Agenda and authorize the Mayor to sign this no -match grant agreement. ATTACHMENTS AWC Co -Responder Grant Agreement as reviewed by Tukwila City Attorney 2 https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/CC Docs/Final agendas/08-12-24 CSS/awc alt response grant/AWC Alt Response Grant 2024 InfoMemo_vF.docx Alternative Response Team Grant Grantee Funding Agreement Association of Washington Cities Grant ("Grant") with The City of Tukwila through The Alternative Response Team Grant. A program funded through the Washington State Operating Budget For Jurisdiction name City of Tukwila Program description Alternative Response Co -Responder Program Start date: July 1,2024 End date: June 30, 2025 Face sheet Grant Number: ART24-16 Association of Washington Cities (AWC) Alternative Response Team Grant (ARTG) Senate Bill 5187, Section 215-69a went into effect on July 1, 2023. The purpose of this grant is to assist cities with the documented costs to create co -responder programs within different alternative diversion models including law enforcement assisted diversion programs, community assistance referral and education programs, and as part of mobile crisis teams. AWC has determined that entering into a Contract with the City of Tukwila will meet the goals of these funds. 1. Grantee 2. Grantee doing business as (optional) 3. Grantee representative 4. AWC representative Jacob Ewing 1076 Franklin Street SE Special Projects Coordinator Olympia, WA (360) 753-4137 98501 jacobe©awcnet. org 5. Grant amount $111,000 6. Start date July 1, 2024 7. End date June 30, 2025 8. Tax ID # 9. Grant purpose Establish an alternative response team program as described in Attachment A. AWC and the Grantee, as defined above, acknowledge and accept the terms of this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by reference: Grantee General Terms and Conditions including Attachment "A" - Scope of Work; Attachment "B" - Budget & Budget Narrative; Attachment "C" - Grantee Data Collection; Attachment (D) - Grantee Agent(s). -or grantee Date For Association of Washington Cities Date Last revision 12/26/2023 4 Alternative Response Team Grant Grantee Funding Agreement 1. GRANT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the Grant contact person for all communications and billings regarding the performance of this Grant. The Representative for AWC and their contact information are identified on the Face Sheet of this Grant. The Representative for the Grantee and their contact information are identified on the Face Sheet of this Grant. 2. TERM The initial term of the Contract shall be July 1, 2024, and continue through June 30, 2025, unless terminated sooner as provided herein. The term of the contract may be extended by an amendment signed by both parties. 3. PAYMENT AWC shall pay an amount not to exceed $111,000 for the performance of all things necessary for or incidental to the performance of work as set forth in the ARTG Application and described in Attachment A. Grantee's compensation for services rendered shall be based on the completion of duties as outlined in the ARTG application, in Attachment A, in accordance with the following sections. 4. BILLING PROCEDURES AND PAYMENT AWC will reimburse Grantee upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for AWC not more often than monthly. Grantee will use the invoice form provided by AWC to request reimbursement. The invoices shall describe and document, to AWC's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Grant Number ART24-16. A receipt must accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement. If errors are found in the submitted invoice or supporting documents, AWC will notify the Grantee to make corrections in a timely manner, resubmit the invoice and/or supporting documentation as requested, and notify AWC. Payment shall be considered timely if made by AWC within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Grantee. AWC may, in its sole discretion, terminate the Grant or withhold payments claimed by the Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of this Grant. No payments in advance or in anticipation of services or supplies to be provided under this Grant shall be made by AWC. Duplication of billed costs The Grantee shall not bill AWC for services performed under this Grant, and AWC shall not pay the Grantee, if the Grantee is entitled to payment or has been or will be paid by any other source, induding grants, for that service. This does not include fees charged for summer recreation programs. Disallowed costs The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Grantees. Final reimbursement and reporting deadline When the project is completed, the Grantee must submit a final report and supporting documents needed to close out the project no later than July 31, 2025. AWC shall withhold 10 percent (10%) from each payment until acceptance by AWC of the final reporting from the Grantee has been submitted and verified. Upon expiration of the Contract, any claims for payment for costs due and payable under this Contract that are incurred prior to the expiration date must be submitted by the Contractor to AWC within thirty (30) 5 Alternative Response Team Grant Grantee Funding Agreement calendar days after the Contract expiration date. AWC is under no obligation to pay any claims that are submitted 31 or more calendar days after the Contract expiration date ("Belated Claims"). AWC will pay Belated Claims at its sole discretion, and any such potential payment is contingent upon the availability of funds. 5. GRANTEE DATA COLLECTION/REPORTING REQUIREMENTS Grantee will submit reports, in a form and format to be provided by AWC (See Attachment C). Data must be provided to AWC along with final billing. 6. AGENT(S) Agent(s) in this contract refers to any third -party entity and its employees that the Grantee has subcontracted with to provide services funded through this agreement. The Grantee is responsible for ensuring that any agent complies with the provision herein. Any of the Grantee's agent(s) that will provide services under this contract must be listed in Attachment D — Grantee Agent(s) and must provide proof of insurance per Section 6 of this document. 7. INSURANCE a. Workers' compensation coverage. The Grantee shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the fullest extent applicable. This requirement includes the purchase of industrial insurance coverage for the Grantee's employees, as may now hereafter be required of an "employer" as defined in Title 51 RCW. Such workers' compensation and occupational disease requirements shall include coverage for all employees of the Grantee, and for all employees of any subcontract retained by the Grantee, suffering bodily injury (including death) by accident or disease, which arises out of or in connection with the performance of this Grant. Satisfaction of these requirements shall include, but shall not be limited to: i. Full participation in any required governmental occupational injury and/or disease insurance program, to the extent participation in such a program is mandatory in any jurisdiction; ii. Purchase workers' compensation and occupational disease insurance benefits to employees in full compliance with all applicable laws, statutes, and regulations, but only to the extent such coverage is not provided under mandatory governmental program in "a" above, and/or; iii. Maintenance of a legally permitted and governmentally approved program of self-insurance for workers' compensation and occupational disease. Except to the extent prohibited by law, the program of the Grantee's compliance with workers' compensation and occupational disease laws, statutes, and regulations in 1), 2), and 3) above shall provide for a full waiver of rights of subrogation against AWC, its directors, officers, and employees. If the Grantee, or any agent retained by the Grantee, fails to effect and maintain a program of compliance with applicable workers' compensation and occupational disease laws, statutes, and regulations and AWC incurs fines or is required by law to provide benefits to such employees, to obtain coverage for such employees, the Grantee will indemnify AWC for such fines, payment of benefits to Grantee or Grantee employees or their heirs or legal representatives, and/or the cost of effecting coverage on behalf of such employees. Any amount owed AWC by the Grantee pursuant to the indemnity may be deducted from any payments owed by AWC to the Grantee for the performance of this Grant. b. Automobile insurance. In the event that services delivered pursuant to this Grant involve the use of vehicles, owned or operated by the Grantee, automobile liability insurance shall be required. The minimum limit for automobile liability is: $1,000,000 per accident, using a Combined Single Limit for bodily injury and property damage. c. Business automobile insurance. In the event that services performed under this Grant involve the use of vehicles or the transportation of clients, automobile liability insurance shall be required. If Grantee -owned personal vehicles are used, a Business Automobile policy covering a minimum Code 2 "owned autos only" must be secured. If the Grantee's employees' vehicles are used, the Grantee must 6 Alternative Response Team Grant Grantee Funding Agreement also include under the Business Automobile policy Code 9, coverage for "non -owned autos." The minimum limits for automobile liability is: $1,000,000 per accident, using a Combined Single Limit for bodily injury and property damage. d. Public liability insurance (General liability). The Grantee shall at all times during the term of this Grant, at its cost and expense, carry and maintain general public liability insurance, including contractual liability, against claims for bodily injury, personal injury, death, or property damage occurring or arising out of services provided under this Grant. This insurance shall cover such claims as may be caused by any act, omission, or negligence of the Grantee or its officers, agents, representatives, assigns or servants. The limits of liability insurance, which may be increased from time to time as deemed necessary by AWC, with the approval of the Grantee (which shall not be unreasonably withheld), shall not be less than as follows: Each occurrence $1,000,000 Products -completed operations limit $2,000,000 Personal and advertising injury limit $1,000,000 Fire damage limit (any one fire) $ 50,000 e. Local governments that participate in a self-insurance program. Alternatively, Grantees may maintain a program of self-insurance or participate in a property/liability pool with adequate limits to comply with the Grant insurance requirements or as is customary to the contractor or Grantee's business, operations/industry, and the performance of its respective obligations under this Grant. f. Additional insured. The Association of Washington Cities, shall be specifically named as an additional insured on all policies, including Public Liability and Business Automobile, except for liability insurance on privately -owned vehicles, and all policies shall be primary to any other valid and collectible insurance. g. AWC may waive the requirement to be specially named as an additional insured on policies, including Public Liability and Business Automobile, provided that the Grantee provides: (1) a description of its self-insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All self -insured risk management programs or self-insured/liability pools must comply with RCW 48.62, the requirements of the Office of Risk Management and Local Government Self Insurance Program, the Washington State Auditor's reporting requirements and all related federal and state regulations. Grantees participating in a joint risk pool shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. AWC, its agents, and employees need not be named as additional insured under a self -insured property/liability pool, if the pool is prohibited from naming third parties as additional insured. Proof of insurance. Certificates and or evidence satisfactory to the AWC confirming the existence, terms and conditions of all insurance required above shall be delivered to AWC within five (5) days of the Grantee's receipt of Authorization to Proceed. h. General insurance requirements. Grantee shall, at all times during the term of the Grant and at its cost and expense, buy and maintain insurance of the types and amounts listed above. Failure to buy and maintain the required insurance may result in the termination of the Grant atAWC's option. By requiring insurance herein, AWC does not represent that coverage and limits will be adequate to protect Grantee and such coverage and limits shall not limit Grantee's liability under the indemnities and reimbursements granted to AWC in this Grant. Grantee shall include all agents of the Grantee as insureds under all required insurance policies, or shall furnish proof of insurance and endorsements for each agent. Agent(s) must comply fully with all insurance requirements stated herein. Failure of agent(s) to comply with insurance requirements does not limit Grantee's liability or responsibility. 8. ORDER OF PRECEDENCE 7 Alternative Response Team Grant Grantee Funding Agreement In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Grant and Grantee General Terms and Conditions • Attachment A — ARTG Application & Scope of Work • Attachment B — Budget & Budget Narrative • Attachment C — Grantee Reporting Requirements • Attachment D — Grantee Agent(s) Jd6 8 Alternative Response Team Grant Grantee Funding Agreement GRANTEE GENERAL TERMS AND CONDITIONS 1. Access to data. In compliance with Chapter 39.26 RCW, the Grantee shall provide access to data generated under this Grant to AWC, and to the extent necessary to comply with RCW 39.26, the Joint Legislative Audit and Review Committee, and the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Grantee's reports, including computer models and methodology for those models. 2. Alterations and amendments. This Grant may be amended only by mutual agreement of the parties in writing. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 3. Americans with Disabilities Act (ADA) of 1990, Public Law 101-336, also referred to as the "ADA" 28 CFR Part 35. In relation to this Grant, the Grantee must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 4. Assignment. Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the Grantee without prior written consent of AWC. 5. Assurances. AWC and the Grantee agree that all activity pursuant to this Grant will be in accordance with all applicable current federal, state and local laws, rules and regulations. 6. Attorney's fees. In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney's fees and costs. 7. Budget revisions. Any monetary amount budgeted by the terms of this Grant for various activities and line item objects of expenditure, as outlined in Attachment B — Budget & Budget Narrative, may be revised without prior written approval of AWC, so long as the revision is no more than ten percent (10%) of the original line item amount and the increase in an amount is offset by a decrease in one or more other amounts equal to or greater than the increase. All other budget revisions exceeding ten percent (10%) shall only be made with the prior written approval of AWC. Grantee will use the funding change request form provided by AWC to request these budget revisions. 8. Certification regarding wage violations. The Grantee certifies that within three (3) years prior to the date of execution of this Grant, Grantee has not been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of RCW chapters 49.46, 49.48, or 49.52. The Grantee further certifies that it will remain in compliance with these requirements during the term of this Grant. Grantee will immediately notify AWC of any finding of a willful violation entered by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction entered during the term of this Grant. 9. Change in status. In the event of substantive change in the legal status, organizational structure, or fiscal reporting responsibility of the Grantee, Grantee agrees to notify AWC of the change. Grantee shall provide notice as soon as practicable, but no later than thirty (30) days after such a change takes effect. 10. Rights in data/ownership. Grantee agree that all data and work products (collectively "Work Product") produced pursuant to the Scope of Work of this Agreement will be considered a work for hire under the U.S. Copyright Act, 17 U.S.C. §101 et seq, and will be owned by HCA. Grantee is hereby commissioned to create the Work Product. Work Product includes, but is not limited to, discoveries, formulae, ideas, improvements, inventions, methods, models, processes, techniques, findings, conclusions, recommendations, reports, designs, plans, diagrams, drawings, Software, databases, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or 9 Alternative Response Team Grant Grantee Funding Agreement sound reproductions, to the extent provided by law. Ownership includes the right to copyright, patent, register and the ability to transfer these rights and all information used to formulate such Work Product. If for any reason the Work Product would not be considered a work for hire under applicable law, Grantee assigns and transfers to HCA, the entire right, title and interest in and to all rights in the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. Grantee will execute all documents and perform such other proper acts as HCA may deem necessary to secure for HCA the rights pursuant to this section. Grantee will not use or in any manner disseminate any Work Product to any third party, or represent in any way Grantee ownership of any Work Product, without the prior written permission of HCA. Grantee will take all reasonable steps necessary to ensure that its agents, employees, or Subcontractors will not copy or disclose, transmit or perform any Work Product or any portion thereof, in any form, to any third party. Material that is delivered under this Agreement, but that does not originate therefrom ("Preexisting Material'), must be transferred to HCA with a nonexclusive, royalty -free, irrevocable license to publish, translate, reproduce, deliver, perform, display, and dispose of such Preexisting Material, and to authorize others to do so. Grantee agrees to obtain, at its own expense, express written consent of the copyright holder for the inclusion of Preexisting Material. HCA will have the right to modify or remove any restrictive markings placed upon the Preexisting Material by Grantee. Grantee must identify all Preexisting Material when it is delivered under this Agreement and must advise HCA of any and all known or potential infringements of publicity, privacy or of intellectual property affecting any Preexisting Material at the time of delivery of such Preexisting Material. Grantee must provide HCA with prompt written notice of each notice or claim of copyright infringement or infringement of other intellectual property right worldwide received by Grantee with respect to any Preexisting Material delivered under this Agreement. 11. Covenant against contingent fees. The Grantee warrants that no person or selling agent has been employed or retained to solicit or secure this Grant upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agent maintained by the Grantee for the purpose of securing business. AWC shall have the right, in the event of breach of this clause by the Grantee, to annul this Grant without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fees. 12. Disputes. In the event that a dispute arises under this Grant, the parties will use their best efforts to amicably resolve any dispute, including use of alternative dispute resolution options. 13. Duplicate payment. AWC shall not pay the Grantee, if the Grantee has charged or will charge the State of Washington or any other party under any other contract or agreement, for the same services or expenses. 14. Entire agreement. This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto. 15. Ethical conduct. Neither the Grantee nor any employee or agent of the Grantee shall participate in the performance of any duty or service in whole or part under this Grant in violation of, or in a manner that violates any provision of the Ethics in Public Service law at Chapter 42.52 RCW, RCW 42.17A.550, RCW 42.17A.555, and 41.06.250 prohibiting the use of public resources for political purposes. 16. Governing law and venue. This Grant shall be construed and interpreted in accordance with the laws of the State of Washington and the venue of any action brought hereunder shall be in Superior Court for Thurston County. 10 Alternative Response Team Grant Grantee Funding Agreement 17. Indemnification. To the fullest extent permitted by law, Grantee shall indemnify, defend and hold harmless AWC and all officials, agents, and employees of AWC, from and against all claims for injuries or death arising out of or resulting from the performance of this Grant. "Claim" as used in this Grant, means any financial loss, claim, suit, action, damage, or expense, including but not limited to attomey's fees, attributable for bodily injury, sickness, disease, or death, or injury to or destruction of tangible property including loss of use resulting therefrom. Additionally, "claims" shall include but not be limited to, assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, or otherwise results in an unfair trade practice or in unlawful restraint of competition. Grantee's obligation to indemnify, defend and hold harmless includes any claim by Grantee's agents, employees, representatives, or any subcontractor or its employees. Grantee expressly agrees to indemnify, defend, and hold harmless AWC for any and all claims, costs, charges, penalties, demands, losses, liabilities, damages, judgments, or fines out of or incident to Grantee's or its agent's performance or failure to perform the Grant. Grantee's obligation to indemnify, defend, or hold harmless AWC shall not be eliminated or reduced by any actual or alleged concurrent negligence by AWC, or their agents, employees, or officials. Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless AWC, and their agents, employees, or officials. 18. Independent capacity of the grantee. The parties intend that an independent Grantee relationship will be created by this Grant. The Grantee and his/her employees or agents performing under this Grant are not employees or agents of AWC. The Grantee will not hold itself out as nor claim to be an officer or employee of AWC, nor will the Grantee make any claim or right, privilege, or benefit which would accrue to such employee under law. Conduct and control of the work will be solely with the Grantee. 19. Licensing and accreditation standards. The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements/standards, necessary to the performance of this Grant. 20. Limitation of authority. Only AWC or AWC's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Grant. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this Grant is not effective or binding unless made in writing and signed by AWC. 21. Non-discrimination. The Grantee shall comply with all the federal and state non-discrimination laws, regulations and policies, which are otherwise applicable to AWC. Accordingly, no person shall, on the ground of sex, race, creed, religion, color, national origin, marital status, families with children, age, veteran or military status, sexual orientation, gender expression, gender identity, disability, or the use of a trained dog guide or service animal, be unlawfully excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any activity performed by the Grantee and its agents under this Grant. The Grantee shall notify AWC immediately of any allegations, claims, disputes, or challenges made against it under non-discrimination laws, regulations, or policies, or under the Americans with Disabilities Act. In the event of the Grantee's noncompliance or refusal to comply with this nondiscrimination provision, this Grant may be rescinded, cancelled or terminated in whole or part, and the Grantee may be declared ineligible for further contracts with AWC. 22. Overpayments. Grantee shall refund to AWC the full amount of any overpayment under this Grant within thirty (30) calendar days of written notice. If Grantee fails to make a prompt refund, AWC may charge Grantee one percent (1%) per month on the amount due until paid in full. 23. Public disclosure. Grantee acknowledges that AWC is subject to the Washington State Public Records Act, Chapter 42.56 RCW, and AWC acknowledges that the Grantee is subject to the Washington State Public Records Act, Chapter 42.56 RCW, and that this Grant shall be a public record as defined in RCW 42.56. Any specific information that is claimed by either party to be confidential or proprietary must be 11 Alternative Response Team Grant Grantee Funding Agreement clearly identified as such by that party. To the extent consistent with chapter 42.56 RCW, each party shall attempt reasonably to maintain the confidentiality of all such information marked confidential or proprietary. If a request is made to view such information, the party receiving the public records request will notify the other party of the request and the date that such records will be released to the requester unless the other party obtains a court order enjoining that disclosure. If such party fails to obtain the court order enjoining disclosure, the party receiving the records request will release the requested information on the date specified. 24. Publicity. The Grantee agrees to submit to AWC all advertising and publicity matters relating to this Grant which in the AWC's judgment, AWC's name can be implied or is specifically mentioned. The Grantee agrees not to publish or use such advertising and publicity matters without the prior written consent of AWC. 25. Registration with Department of Revenue. The Grantee shall complete registration with the Department of Revenue and be responsible for payment of all taxes due on payments made under this Grant. 26. Records maintenance. The Grantee shall maintain all books, records, documents, data and other evidence relating to this Grant and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Grant. Grantee shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Grant, shall be subject at all reasonable times to inspection, review or audit by the AWC, personnel duly authorized by AWC, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 27. Right of inspection. The Grantee shall provide right of access to its facilities utilized under this Grant to AWC or any of its officers responsible for executing the terms of this Grant at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Grant on behalf of AWC. All inspections and evaluations shall be performed in such a manner that will not unduly interfere with the Grantee's business or work hereunder. 28. Severability. The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Contract. 29. Subcontracting. Neither the Grantee nor any agent of the Grantee shall enter into subcontracts for any of the work contemplated under this Grant without obtaining prior written approval of AWC. Grantee is responsible to ensure that all terms, conditions, assurances and certifications set forth in this Grant are included in any and all Subcontracts. In no event shall the existence of the subcontract operate to release or reduce liability of the Grantee to the AWC for any breach in the performance of the Grantee's duties. This clause does not include contracts of employment between the Grantee and personnel assigned to work under this Grant. If, at any time during the progress of the work, AWC determines in its sole judgment that any agent of the Grantee is incompetent, AWC shall notify the Grantee, and the Grantee shall take immediate steps to terminate the agent's involvement in the work. The rejection or approval by AWC of any agent or the termination of an agent shall not relieve the Grantee of any of its responsibilities under the Grant, nor be the basis for additional charges to AWC. 30. Taxes. All payments accrued on account of payroll taxes, unemployment contributions, any other taxes, insurance or other expenses for the Grantee or its staff shall be the sole responsibility of the Grantee. 12 Alternative Response Team Grant Grantee Funding Agreement 31. Technology security requirements. Grantee must ensure that all data and devices used to carry out Program follow all applicable state and federal data privacy and protection requirements. Grantee must ensure that data is properly secured and protected using best practices for security and protection from outside intrusion from parties not associated with the Program. 32. Termination for convenience. Except as otherwise provided in this Grant, AWC may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Grant in whole or in part. The notice shall specify the date of termination and shall be conclusively deemed to have been delivered to and received by the Grantee as of midnight the second day of mailing in the absence of proof of actual delivery to and receipt by the Grantee. If this Grant is so terminated, AWC shall be liable only for payment required under the terms of the Grant for services rendered or goods delivered prior to the effective date of termination. 33. Termination for default. In the event AWC determines the Grantee has failed to comply with the conditions of this Grant in a timely manner, AWC has the right to suspend or terminate this Grant. AWC shall notify the Grantee in writing of the need to take corrective action. If corrective action is not taken within thirty (30) days, the Grant may be terminated. AWC reserves the right to suspend all or part of the Grant, withhold further payments, or prohibit the Grantee from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Grantee or a decision by AWC to terminate the Contract. In the event of termination, the Grantee shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Grant and the replacement or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the competitive bidding, mailing, advertising and staff time. The termination shall be deemed to be a "Termination for Convenience" if it is determined that the Grantee: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of the AWC provided in this Grant are not exclusive and are in addition to any other rights and remedies provided by law. 34. Termination due to funding limitations or contract renegotiation, suspension. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Grant and prior to normal completion of this Grant, with the notice specified below and without liability for damages: a. At AWC's discretion, AWC may give written notice of intent to renegotiate the Grant under the revised funding conditions. b. At AWC's discretion, AWC may give written notice to Grantee to suspend performance when AWC determines there is reasonable likelihood that the funding insufficiency may be resolved in a timeframe that would allow Grantee's performance to be resumed. (1) During the period of suspension of performance, each party will inform the other of any conditions that may reasonably affect the potential for resumption of performance. (2) When AWC determines that the funding insufficiency is resolved, it will give the Grantee written notice to resume performance, and Grantee shall resume performance. (3) Upon the receipt of notice under b. (2), if Grantee is unable to resume performance of this Grant or if the Grantee's proposed resumption date is not acceptable to AWC and an acceptable date cannot be negotiated, AWC may terminate the Grant by giving written notice to the Grantee. The parties agree that the Grant will be terminated retroactive to the date of the notice of suspension. AWC shall be liable only for payment in accordance with the terms of this Grant for services rendered prior to the retroactive date of termination. c. AWC may immediately terminate this Grant by providing written notice to the Grantee. The termination shall be effective on the date specified in the termination notice. AWC shall be liable only for payment in accordance with the terms of this Grant for services rendered prior to the effective date of termination. No penalty shall accrue to AWC in the event the termination option in this section is exercised. d. For purposes of this section, "written notice" may include email. 35. Termination procedure. Upon termination of this Grant the AWC, in addition to other rights provided in this Grant, may require the Grantee to deliver to AWC any property specifically produced or acquired for 13 Alternative Response Team Grant Grantee Funding Agreement the performance of such part of this Contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. The AWC shall pay to the Grantee the agreed upon price, if separately stated, for completed work and services accepted by AWC and the amount agreed upon by the Grantee and AWC for (a) completed work and services for which no separate price is stated, (b) partially completed work and services, (c) other property or services which are accepted by AWC, and (d) the protection and preservation of the property, unless the termination is for default, in which case AWC shall determine the extent of the liability. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause for this Grant. The AWC may withhold from any amounts due to the Grantee such sum as AWC determines to be necessary to protect AWC against potential loss or liability. The rights and remedies of AWC provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law under this Grant. After receipt of a notice of termination, and except as otherwise directed by the AWC, the Grantee shall: a. Stop work under this Grant on the date and to the extent specified, in the notice; b. Place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the work under the Grant that is not terminated; c. Assign to AWC, in the manner, at the times, and to the extent directed by the AWC, all rights, title, and interest of the Grantee under the orders and subcontracts in which case AWC has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of AWC to the extent the AWC may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to AWC and deliver, in the manner, at the times and to the extent as directed by AWC, any property which, if the Grant had been completed, would have been required to be furnished to AWC; f. Complete performance of such part of the work not terminated by AWC; and g. Take such action as may be necessary, or as AWC may direct, for the protection and preservation of the property related to this Grant which, in is in the possession of the Grantee and in which AWC has or may acquire an interest. 36. Waiver. A failure by either part to exercise its rights under this Grant shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this agreement. Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in writing and signed by personnel authorized to bind each of the parties. 14 ARTG Application & Scope of Work PURPOSE Attachment A The purpose of this grant is to assist cities with the documented costs to create co -responder programs within different alternative diversion models including law enforcement assisted diversion programs, community assistance referral and education programs, and as part of mobile crisis teams. CONTRACTOR RESPONSIBILITIES GRANTEE is required to implement the Alternative Response Team Grant (ARTG) Program as described in their application for funding, with no unapproved substantive derivations. Requests for changes to this scope of work, or services laid out in the applicant's application can be made to Jacob Ewing, Special Projects Coordinator at Iacobe(wacities.orq. This program shall include the following elements as central features of their program: ■ Grant recipients must establish a co -responder team using an alternative diversion model including law enforcement assisted diversion program, community assistance referral and education program, or a mobile crisis team. In the event that there is a change in the contract or program management staff paid for by this grant, it is expected that GRANTEE will notify AWC of the change to include the name and contact information for the new staff member. If GRANTEE fails to perform to the standards set forth above, AWC remains able to remedy noncompliance as outlined in the grant document, including provisions for suspension, termination and/or recapture of funds already paid to the grantee. SCOPE & GOALS OF ARTG PROGRAM The City of Tukwila has established a co -responder program in partnership with Sound Health. The goal of this program is to put troubled non-violent people in the hands of behavioral health professionals and divert them from hospitalization or jail into support services. This work is intended to lower re -offense rates, reduce the incidence of incarceration, and result in fewer emergency department or psychiatric hospital visits. Additionally, this program creates a path for non -emergency health and safety calls to be redirected to a specialized team made up of a Tukwila Police Officer and a Mental Health Professional. This team will provide de-escalation, diversions, and referrals to appropriate services. Tukwila shall use granted funds to offset contractual fees needed to obtain two Mental Health Professionals. 15 ARTG Budget & Narrative GRANT FUNDED PROGRAM BUDGET Category Staffing Supplies & Equipment Professional Services Other $0 $0 $111,000 $0 Attachment B PROGRAM BUDGET NARRATIVE Contracted Services: Grant funds shall be used to offset contractual fees with Sound Health to provide two qualified mental health professionals for the Tukwila Police Department. 16 Attachment C Grantee Reporting Requirements FINAL REPORT A final program report is due to AWC by July 31, 2025. Programs should make reasonable efforts to collect and report on the following information: • Describe program participants including: o Number of individuals served o Gender (Male, Female, Nonbinary, etc.) of individuals served o Age of individuals served o Veteran status of individuals served o Substance abuse or mental health issues of individuals served o Reason for contact o Outcome of contact (No outcome, referral to services, involuntary transport, etc.) o Long-term outcome of individual receiving services (No outcome, permanent housing, shelter, etc.) • Describe the type of program funded and the geographic area served. • Explain how the program targeted vulnerable individuals. • Explain how the program created greater access for vulnerable individuals to available programs and services. • Discuss program successes and challenges. MONTHLY REPORT Additionally, Grantees will submit monthly status reports to AWC. Monthly reports will be due the five business days following the end of the previous month. The monthly reports will address the following questions: • Briefly describe the work accomplished over the past month? • What successes has your program seen this past month? • What challenges has your program seen this past month? • Do you have any challenges or issues you need to discuss with AWC? 17 Attachment D Grantee Agent(s) List any Agent(s) that will provide program services in a program funded through the AR TG Program. Name of Agent Address 18 TO: City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM Community Services and Safety Committee FROM: Marty Wine City Administrator BY: Cheryl Thompson Executive Coordinator CC: Thomas McLeod DATE: July 16, 2024 SUBJECT: Axon Evidence Justice Services Agreement ISSUE The Prosecuting Attorney needs to maintain efficient access to Police Department videos, recordings and evidence to effectively prosecute cases. City Council is being asked to authorize the Mayor to execute an agreement with Axon to maintain access to Axon Evidence Justice. BACKGROUND The Police department contracts with Axon for body cameras, vehicle cameras, and for recording equipment for the interview rooms at the Justice Center. All these recordings are relevant evidence for misdemeanor cases prosecuted in Tukwila Municipal Court. Axon initially provided access to prosecuting attorneys through Evidence Justice at no cost. Beginning April 1, 2024, Axon changed their policy and implemented a fee for prosecuting attorneys to access Evidence Justice. As the City did not become aware of this change in policy until late March, Axon is continuing to provide the prosecuting attorney with access, at no cost, while we bring the software agreement before Council for approval. The attached agreement has been reviewed and approved by the City Attorney's Office. DISCUSSION The prosecuting attorney needs the Axon recordings as evidence in order to evaluate and prosecute misdemeanor cases. Axon Evidence Justice provides the records directly to the prosecuting attorney and integrates those records with the prosecution case management system so that everything pertaining to that case is in one system. If we do not proceed with purchasing the Axon Evidence Justice software, the prosecuting attorney will lose that direct access to the records and will have then request them from Police Records which will take staff time to provide and attorney time to upload the records into the case management system. From a cost benefit perspective, it is more efficient and fiscally responsible to pay for Axon Evidence Justice software. FINANCIAL IMPACT The attached quote provides software access to the prosecuting attorney for the remainder of 2024 through December 31, 2029, for a total of $74,437.65 payable each January at the rates listed below. This will have an overall financial impact of up to $16,100 each year to the budget. 2025 $13,743.21 2026 $14,292.95 2027 $14,864.64 2028 $15,459.25 2029 $16,077.60 19 INFORMATIONAL MEMO Page 2 RECOMMENDATION The Committee is being asked to move this forward this to the August 19, 2024, consent agenda authorizing the Mayor to sign a contract with Axon for Evidence Justice. ATTACHMENTS Axon Agreement 20 https://tukwilawa-my.sharepoint.com/personal/cheryl_thompson_tukwilawa_gov/Documents/Council Memos/2024/InfoMemo re Axon Justice Agreement.docx Axon Evidence Justice Services Agreement This Axon Evidence Justice Services Agreement ("Agreement") is between Axon Enterprise, Inc., a Delaware corporation ("Axon"), and the agency on the Quote ("Agency"). This Agreement is effective as of the later of the (a) last signature date on this Agreement, or (b) signature date on the Quote ("Effective Date"). Axon and Agency are each a "Party" and collectively "Parties". This Agreement governs Agency's purchase and use of the Axon services detailed in the Quote Appendix ("Quote"). The Parties agree as follows: 1 Term. The Axon Evidence Justice Services subscription will begin on the Effective Date and continues until all subscriptions hereunder have expired or been terminated ("Term"). 2 Definitions. "Axon Cloud Services" means Axon's web services for Axon Evidence, Axon Records, Axon Dispatch, and interactions between Axon Evidence and Axon Devices or Axon client software. Axon Cloud Service excludes third -party applications, hardware warranties, and my.evidence.com. "Axon Device Data" data uploaded to Evidence.com from Axon devices including body worn cameras, Fleet cameras, Interview Room cameras, or Axon Capture. "Axon Evidence" means Axon's web services for Evidence.com, and interactions between Evidence.com and or Axon client software. This excludes third -party applications or my.evidence.com. "Agency Content" is data uploaded into, ingested by, or created in Axon Evidence within Agency's tenant. Agency Content includes Evidence but excludes Non -Content Data. "Quote" is only valid for services on the quote at the specified prices. Any inconsistent or supplemental terms within Agency's purchase order in response to a Quote will be void. 3 Storage. Agency may store unlimited Axon Device Data in Agency's Axon Evidence account if the Axon Device Data is shared to Agency through Axon Evidence from a partner agency using Axon Evidence. If Agency is not purchasing an unlimited storage plan, Agency may purchase ala carte storage for other data. 4 Payment. In the event Agency purchases services from Axon, payment is due net thirty (30) days from the invoice date. Payment obligations are non -cancelable. Agency will pay invoices without setoff, deduction, or withholding. If Axon sends a past due account to collections, Agency is responsible for collection and attorneys' fees. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law. Agency is responsible for sales and other taxes associated with the order, unless Agency provides Axon a valid tax exemption certificate. 5 Insurance. Axon will maintain General Liability, Workers' Compensation, and Automobile Liability insurance. Upon request, Axon will supply certificates of insurance. 6 Indemnification. Axon will indemnify Agency's officers, directors, and employees ("Agency Indemnitees") against all claims, demands, losses, and reasonable expenses arising out of a third party claim against an Agency lndemnitee resulting from any negligent act, error or omission, or willful misconduct by Axon under this Agreement, except to the extent of Agency's negligence or willful misconduct, or claims under workers compensation. To the extent permitted by law, Axon disclaims all warranties, remedies, and conditions, whether oral, written, statutory, or implied. Axon's cumulative liability to any Party for any loss or damage resulting from any claim, demand, or action arising out of or relating to Axon Evidence Justice Service will not exceed the amount paid for such services over the twelve (12) months preceding the claim. Neither Party will be liable for direct, special, indirect, incidental, punitive, or consequential damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort, or any other legal theory. 7 IP Rights. Axon owns and reserves all right, title, and interest in Axon products and services and suggestions to Axon, including all related intellectual property rights. Agency will not cause any Axon proprietary rights to be violated. Title: Axon Evidence Justice Services Agreement Department: Legal Version: 5.0 Release Date: 6/26/2023 Page 1 of 13 21 Axon Evidence Justice Services Agreement 8 IP Indemnification. Axon will indemnify Agency Indemnitees against all claims, losses, and reasonable expenses from any third -party claim alleging that the use of Axon Evidence infringes or misappropriates the third party's intellectual property rights. Agency must promptly provide Axon with written notice of such claim, tender to Axon the defense or settlement of such claim at Axon's expense and cooperate fully with Axon in the defense or settlement of such claim. Axon's IP indemnification obligations do not apply to claims based on: (a) modification of Axon Evidence by Agency or a third party not approved by Axon; (b) use of Axon Evidence in combination with hardware or services not approved by Axon; or (c) use of Axon Evidence other than as permitted in this Agreement. 9 Termination. 9.1 For Breach. A Party may terminate this Agreement for cause if it provides thirty (30) days written notice of the breach to the other Party, and the breach remains uncured at the end of thirty (30) days. If Agency terminates this Agreement due to Axon's uncured breach, Axon will refund prepaid amounts on a prorated basis based on the date of notice of termination. 9.2 By Agency. Agency is obligated to pay any applicable fees under this Agreement. If sufficient funds are not appropriated or otherwise legally available to pay the fees, Agency may terminate this Agreement. Agency will deliver notice of termination under this section as soon as reasonably practicable. The date of such termination will be the date Axon receives notice from Agency. 9.3 Effect of Termination. Upon termination of this Agreement, Agency rights immediately terminate, and Agency remains responsible for all fees incurred prior to the date of termination. 9.4 By Axon. If the Agency is using an Axon Evidence instance that has been provided a no charge to the Agency, Axon may terminate this Agreement for its convenience by providing ninety (90) days prior written notice. 10 Confidentiality. "Confidential Information" means nonpublic information designated as confidential or, given the nature of the information or circumstances surrounding disclosure, should reasonably be understood to be confidential. Each Party will take reasonable measures to avoid disclosure, dissemination, or unauthorized use of the other Party's Confidential Information. Unless required by law, neither Party will disclose the other Party's Confidential Information during the Term and for five (5) years thereafter. Axon pricing is Confidential Information and competition sensitive. If Agency is required by law to disclose Axon pricing, to the extent allowed by law, Agency will provide notice to Axon before disclosure. Axon may publicly announce information related to this Agreement. 11 General. 11.1 Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond a Party's reasonable control. 11.2 Independent Contractors. The Parties are independent contractors. Neither Party has authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, Agency, fiduciary, or employment relationship between the Parties. 11.3 Third -Party Beneficiaries. There are no third -party beneficiaries under this Agreement. 11.4 Non -Discrimination. Neither Party nor its employees will discriminate against any person based on: race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law. 11.5 Export Compliance. Each Party will comply with all import and export control laws and regulations. 11.6 Assignment. Neither Party may assign this Agreement without the other Party's prior written Title: Axon Evidence Justice Services Agreement Department: Legal Version: 5.0 Release Date: 6/26/2023 Page 2 of 13 22 Axon Evidence Justice Services Agreement consent. Axon may assign this Agreement, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets. This Agreement is binding upon the Parties respective successors and assigns. 11.7 Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right. 11.8 Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect. 11.9 Survival. The following sections will survive termination: Indemnification, IP Rights, Axon's Cloud Services Appendix, and, Storage. 11.10 Governing Law. The laws of the state where Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. 11.11 Notices. All notices must be in English. Notices posted on Agency's Axon Evidence site are effective upon posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective immediately. Notices to Prosecutor shall be provided to the address on file with Axon. Notices to Axon shall be provided to Axon Enterprise, Inc., Attn: Legal, 17800 North 85th Street, Scottsdale, Arizona 85255 with a copy to legal@axon.com. 11.12 Entire Agreement. This Agreement represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties. Each representative identified below declares they have been expressly authorized to execute this Agreement as of the date of signature. Axon Enterprise, Inc., Agency Signature: Signature: Name: Name: Title: Title: Date: Date: Title: Axon Evidence Justice Services Agreement Department: Legal Version: 5.0 Release Date: 6/26/2023 Page 3 of 13 23 Axon Evidence Justice Services Agreement Axon Cloud Services Terms of Use Appendix 1. Definitions. 1.1. "Agency Content" is data uploaded into, ingested by, or created in Axon Cloud Services within Agency's tenant, including media or multimedia uploaded into Axon Cloud Services by Agency. Agency Content includes Evidence but excludes Non -Content Data. 1.2. "Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by an Agency. Evidence is a subset of Agency Content. 1.3. "Non -Content Data" is data, configuration, and usage information about Agency's Axon Cloud Services tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non -Content Data includes data about users captured during account management and customer support activities. Non -Content Data does not include Agency Content. 1.4. "Personal Data" means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. 2. Access. Upon Axon granting Agency a subscription to Axon Cloud Services, Agency may access and use Axon Cloud Services to store and manage Agency Content. Agency may not exceed more end users than the Quote specifies. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence Lite, Agency may access and use Axon Evidence only to store and manage TASER CEW and TASER CAM data ("TASER Data"). Agency may not upload non-TASER Data to Axon Evidence Lite. 3. Agency Owns Agency Content. Agency controls and owns all right, title, and interest in Agency Content. Except as outlined herein, Axon obtains no interest in Agency Content, and Agency Content is not Axon's business records. Agency is solely responsible for uploading, sharing, managing, and deleting Agency Content. Axon will only have access to Agency Content for the limited purposes set forth herein. Agency agrees to allow Axon access to Agency Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of the Axon products. 4. Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program to protect Axon Cloud Services and Agency Content including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum. 5. Agency Responsibilities. Agency is responsible for (a) ensuring Agency owns Agency Content; (b) ensuring no Agency Content or Agency end user's use of Agency Content or Axon Cloud Services violates this Agreement or applicable laws; and (c) maintaining necessary computer equipment and Internet connections for use of Axon Cloud Services. If Agency becomes aware of any violation of this Agreement by an end user, Agency will immediately terminate that end user's access to Axon Cloud Services. 5.1. Agency will also maintain the security of end usernames and passwords and security and access by end users to Agency Content. Agency is responsible for ensuring the configuration and utilization of Axon Cloud Services meet applicable Agency regulation and standards. Agency may not sell, transfer, or sublicense access to any other entity or person. Agency shall contact Axon immediately if an unauthorized party may be using Agency's account or Agency Content, or if account information is lost or stolen. 5.2. To the extent Agency uses the Axon Cloud Services to interact with YouTube®, such use may be governed by the YouTube Terms of Service, available at https://www.youtube.com/static?template=terms. 6. Privacy. Agency's use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current version of which is available at https://www.axon.com/legal/cloud-services-privacy-policy. Agency agrees to allow Axon access to Non -Content Data from Agency to (a) perform troubleshooting, maintenance, or Title: Axon Evidence Justice Services Agreement Department: Legal Version: 5.0 Release Date: 6/26/2023 Page 4 of 13 24 Axon Evidence Justice Services Agreement diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products and related services; and (c) enforce this Agreement or policies governing the use of Axon products. 7. Axon Body 3 Wi-Fi Positioning. Axon Body 3 cameras offer a feature to enhance location services where GPS/GNSS signals may not be available, for instance, within buildings or underground. Agency administrators can manage their choice to use this service within the administrative features of Axon Cloud Services. If Agency chooses to use this service, Axon must also enable the usage of the feature for Agency's Axon Cloud Services tenant. Agency will not see this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for Agency's Axon Cloud Services tenant. When Wi-Fi Positioning is enabled by both Axon and Agency, Non -Content and Personal Data will be sent to Skyhook Holdings, Inc. ("Skyhook") to facilitate the Wi-Fi Positioning functionality. Data controlled by Skyhook is outside the scope of the Axon Cloud Services Privacy Policy and is subject to the Skyhook Services Privacy Policy. 8. Storage. For Axon Unlimited Device Storage subscriptions, Agency may store unlimited data in Agency's Axon Evidence account only if data originates from Axon Capture or the applicable Axon Device. Axon may charge Agency additional fees for exceeding purchased storage amounts. Axon may place Agency Content that Agency has not viewed or accessed for six (6) months into archival storage. Agency Content in archival storage will not have immediate availability and may take up to twenty-four (24) hours to access. For Third -Party Unlimited Storage the following restrictions apply: (i) it may only be used in conjunction with a valid Axon's Evidence.com user license; (ii) is limited to data of the law enforcement agency that purchased the Third -Party Unlimited Storage and the Axon's Evidence.com end user or Agency is prohibited from storing data for other law enforcement agencies; and (iii) Agency may only upload and store data that is directly related to: (1) the investigation of, or the prosecution of a crime; (2) common law enforcement activities; or (3) any Agency Content created by Axon Devices or Evidence.com. 9. Location of Storage. Axon may transfer Agency Content to third -party subcontractors for storage. Axon will determine the locations of data centers for storage of Agency Content. For United States agencies, Axon will ensure all Agency Content stored in Axon Cloud Services remains within the United States. Ownership of Agency Content remains with Agency. 10. Suspension. Axon may temporarily suspend Agency's or any end user's right to access or use any portion or all of Axon Cloud Services immediately upon notice, if Agency or end user's use of or registration for Axon Cloud Services may (a) pose a security risk to Axon Cloud Services or any third -party; (b) adversely impact Axon Cloud Services , the systems, or content of any other customer; (c) subject Axon, Axon's affiliates, or any third -party to liability; or (d) be fraudulent. Agency remains responsible for all fees incurred through suspension. Axon will not delete Agency Content because of suspension, except as specified in this Agreement. 11. Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or errors before Agency uploads data to Axon Cloud Services. Service Offerings will be subject to the Axon Cloud Services Service Level Agreement, a current version of which is available at https://www.axon.com/products/axon-evidence/sla. 12. Axon Records. Axon Records is the software -as -a -service product that is generally available at the time Agency purchases an OSP 7 bundle. During Agency's Axon Records Subscription Term, if any, Agency will be entitled to receive Axon's Update and Upgrade releases on an if -and -when available basis. 12.1. The Axon Records Subscription Term will end upon the completion of the Axon Records Subscription as documented in the Quote, or if purchased as part of an OSP 7 bundle, upon completion of the OSP 7 Term ("Axon Records Subscription") 12.2. An "Update" is a generally available release of Axon Records that Axon makes available from time to time. An "Upgrade" includes (i) new versions of Axon Records that enhance features and functionality, as solely determined by Axon; and/or (ii) new versions of Axon Records that provide additional features or perform additional functions. Upgrades exclude new products that Axon introduces and markets as distinct products or applications. 12.3. New or additional Axon products and applications, as well as any Axon professional services needed to configure Axon Records, are not included. If Agency purchases Axon Records as part of a bundled Title: Axon Evidence Justice Services Agreement Department: Legal Version: 5.0 Release Date: 6/26/2023 Page 5 of 13 25 Axon Evidence Justice Services Agreement offering, the Axon Record subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Records to Agency. 12.4. Users of Axon Records at the Agency may upload files to entities (incidents, reports, cases, etc) in Axon Records with no limit to the number of files and amount of storage. Notwithstanding the foregoing, Axon may limit usage should the Agency exceed an average rate of one -hundred (100) GB per user per year of uploaded files. Axon will not bill for overages. 13. Axon Cloud Services Restrictions. Agency and Agency end users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to: 13.1. copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services; 13.2. reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to derive any source code included in Axon Cloud Services, or allow others to do the same; 13.3. access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; 13.4. use trade secret information contained in Axon Cloud Services, except as expressly permitted in this Agreement; 13.5. access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services; 13.6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon's or Axon's licensors on or within Axon Cloud Services; or 13.7. use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious material; material in violation of third -party privacy rights; or malicious code. 14. After Termination. Axon will not delete Agency Content for ninety (90) days following termination. There will be no functionality of Axon Cloud Services during these ninety (90) days other than the ability to retrieve Agency Content. Agency will not incur additional fees if Agency downloads Agency Content from Axon Cloud Services during this time. Axon has no obligation to maintain or provide Agency Content after these ninety (90) days and will thereafter, unless legally prohibited, delete all Agency Content. Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Agency Content from Axon Cloud Services. 15. Post -Termination Assistance. Axon will provide Agency with the same post -termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Agency Content, including requests for Axon's data egress service, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system. 16. U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Cloud Services on behalf of a U.S. Federal department, Axon Cloud Services is provided as a "commercial item," "commercial computer software," "commercial computer software documentation," and "technical data", as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Agency is using Axon Cloud Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government's needs or are inconsistent in any respect with federal law, Agency will immediately discontinue use of Axon Cloud Services. 17. Survival. Upon any termination of this Agreement, the following sections in this Appendix will survive: Agency Owns Agency Content, Privacy, Storage, Axon Cloud Services Warranty, and Axon Cloud Services Restrictions. Title: Axon Evidence Justice Services Agreement Department: Legal Version: 5.0 Release Date: 6/26/2023 Page 6 of 13 26 Axon Evidence Justice Services Agreement Axon Customer Experience Improvement Program Appendix 1. Axon Customer Experience Improvement Program (ACEIP). The ACEIP is designed to accelerate Axon's development of technology, such as building and supporting automated features, to ultimately increase safety within communities and drive efficiency in public safety. To this end, subject to the limitations on Axon as described below, Axon, where allowed by law, may make limited use of Agency Content from all of its customers, to provide, develop, improve, and support current and future Axon products (collectively, "ACEIP Purposes"). However, at all times, Axon will comply with its obligations pursuant to the Axon Cloud Services Terms of Use Appendix to maintain a comprehensive data security program (including compliance with the CJIS Security Policy for Criminal Justice Information), privacy program, and data governance policy, including high industry standards of de -identifying Personal Data, to enforce its security and privacy obligations for the ACEIP. ACEIP has 2 tiers of participation, Tier 1 and Tier 2. By default, Agency will be a participant in ACEIP Tier 1. If Agency does not want to participate in ACEIP Tier 1, Agency can revoke its consent at any time. If Agency wants to participate in Tier 2, as detailed below, Agency can check the ACEIP Tier 2 box below. If Agency does not want to participate in ACEIP Tier 2, Agency should leave box unchecked. At any time, Agency may revoke its consent to ACEIP Tier 1, Tier 2, or both Tiers. 2. ACEIP Tier 1. 2.1. When Axon uses Agency Content for the ACEIP Purposes, Axon will extract from Agency Content and may store separately copies of certain segments or elements of the Agency Content (collectively, "ACEIP Content"). When extracting ACEIP Content, Axon will use commercially reasonable efforts to aggregate, transform or de -identify Agency Content so that the extracted ACEIP Content is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual ("Privacy Preserving Technique(s)"). For illustrative purposes, some examples are described in footnote 11. For clarity, ACEIP Content will still be linked indirectly, with an attribution, to the Agency from which it was extracted. This attribution will be stored separately from the data itself, but is necessary for and will be solely used to enable Axon to identify and delete all ACEIP Content upon Agency request. Once de -identified, ACEIP Content may then be further modified, analyzed, and used to create derivative works. At any time, Agency may revoke the consent granted herein to Axon to access and use Agency Content for ACEIP Purposes. Within 30 days of receiving the Agency's request, Axon will no longer access or use Agency Content for ACEIP Purposes and will delete any and all ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Agency. In addition, if Axon uses Agency Content for the ACEIP Purposes, upon request, Axon will make available to Agency a list of the specific type of Agency Content being used to generate ACEIP Content, the purpose of such use, and the retention, privacy preserving extraction technique, and relevant data protection practices applicable to the Agency Content or ACEIP Content ("Use Case"). From time to time, Axon may develop and deploy new Use Cases. At least 30 days prior to authorizing the deployment of any new Use Case, Axon will provide Agency notice (by updating the list of Use Case at https://www.axon.com/aceip and providing Agency with a mechanism to obtain notice of that update or another commercially reasonable method to Agency designated contact) ("New Use Case"). 2.2. Expiration of ACEIP Tier 1. Agency consent granted herein, will expire upon termination of the Agreement. In accordance with section 1.1.1, within 30 days of receiving the Agency's request, Axon will no longer access or use Agency Content for ACEIP Purposes and will delete ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or 1 For example; (a) when extracting specific text to improve automated transcription capabilities, text that could be used to directly identify a particular individual would not be extracted, and extracted text would be disassociated from identifying metadata of any speakers, and the extracted text would be split into individual words and aggregated with other data sources (including publicly available data) to remove any reasonable ability to link any specific text directly or indirectly back to a particular individual; (b) when extracting license plate data to improve Automated License Plate Recognition (ALPR) capabilities, individual license plate characters would be extracted and disassociated from each other so a complete plate could not be reconstituted, and all association to other elements of the source video, such as the vehicle, location, time, and the surrounding environment would also be removed; (c) when extracting audio of potential acoustic events (such as glass breaking or gun shots), very short segments (<1 second) of audio that only contains the likely acoustic events would be extracted and all human utterances would be removed. Title: Axon Evidence Justice Services Agreement Department: Legal Version: 5.0 Release Date: 6/26/2023 Page 7 of 13 27 A AXON Axon Evidence Justice Services Agreement could reasonably be linked directly or indirectly to Agency. 3. ACEIP Tier 2. In addition to ACEIP Tier 1, if Agency wants to help further improve Axon's services, Agency may choose to participate in Tier 2 of the ACEIP. ACEIP Tier 2 grants Axon certain additional rights to use Agency Content, in addition to those set forth in Tier 1 above, without the guaranteed deployment of a Privacy Preserving Technique to enable product development, improvement, and support that cannot be accomplished with aggregated, transformed or de -identified data. ❑ Check this box if Agency wants to help further improve Axon's services by participating in ACEIP Tier 2 in addition to Tier 1. Axon will not enroll Agency into ACEIP Tier 2 until Axon and Agency agree to terms in writing providing for such participation in ACEIP Tier 2. Professional Services Appendix If any of the professional services specified below are included on the Quote, this Appendix applies. 1. Utilization of Services. Agency must use professional services as outlined in the Quote and this Appendix within six (6) months of the Effective Date. 2. Axon Full Service (Axon Full Service). Axon Full Service includes advance remote project planning and configuration support and up to four (4) consecutive days of on -site service and a professional services manager to work with Agency to assess Agency's deployment and determine which on -site services are appropriate. If Agency requires more than four (4) consecutive on -site days, Agency must purchase additional days. Axon Full Service options include: System set up and configuration • Instructor -led setup of Axon View on smartphones (if applicable) • Configure categories and custom roles based on Agency need • Register cameras to Agency domain • Troubleshoot IT issues with Axon Evidence and Axon Dock ("Dock") access • One on -site session included Dock configuration • Work with Agency to decide the ideal location of Docks and set configurations on Dock • Authenticate Dock with Axon Evidence using admin credentials from Agency • On -site assistance, not to include physical mounting of docks Best practice implementation planning session • Provide considerations for the establishment of video policy and system operations best practices based on Axon's observations with other agencies • Discuss the importance of entering metadata in the field for organization purposes and other best practices for digital data management • Provide referrals of other agencies using the Axon camera devices and Axon Evidence • Recommend rollout plan based on review of shift schedules System Admin and troubleshooting training sessions Step-by-step explanation and assistance for Agency's configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon instructor training (Train the Trainer) Training for Agency's in-house instructors who can support Agency's Axon camera and Axon Evidence training needs after Axon has fulfilled its contractual on -site obligations Evidence sharing training Tailored workflow instruction for Investigative Units on sharing Cases and Evidence with local prosecuting agencies End user go -live training and support sessions • Assistance with device set up and configuration • Training on device use, Axon Evidence, and Evidence Sync Implementation document packet Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide Post go -live review Title: Axon Evidence Justice Services Agreement Department: Legal Version: 5.0 Release Date: 6/26/2023 Page 8 of 13 28 FAIMIIME Axon Evidence Justice Services Agreement 3. Out of Scope Services. Axon is only responsible for the performance of the professional services described in the Quote and this Appendix. Any additional professional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule. 4. Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays. Axon will perform all on -site tasks over a consecutive timeframe. Axon will not charge Agency travel time by Axon personnel to Agency premises as work hours. 5. Access Computer Systems to Perform Services. Agency authorizes Axon to access relevant Agency computers and networks, solely for performing the services. Axon will work to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial itemized list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency. 6. Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the Axon Devices ("User Documentation"). User Documentation will include all required environmental specifications for the professional services and Axon Devices to operate per the Axon Device User Documentation. Before installation of Axon Devices (whether performed by Agency or Axon), Agency must prepare the location(s) where Axon Devices are to be installed ("Installation Site") per the environmental specifications in the Axon Device User Documentation. Following installation, Agency must maintain the Installation Site per the environmental specifications. If Axon modifies Axon Device User Documentation for any Axon Devices under this Agreement, Axon will provide the update to Agency when Axon generally releases it. 7. Acceptance. When Axon completes professional services, Axon will present an acceptance form ("Acceptance Form") to Agency. Agency will sign the Acceptance Form acknowledging completion. If Agency reasonably believes Axon did not complete the professional services in substantial conformance with this Agreement, Agency must notify Axon in writing of the specific reasons for rejection within seven (7) calendar days from delivery of the Acceptance Form. Axon will address the issues and re -present the Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written notification of reasons for rejection within seven (7) calendar days of delivery of the Acceptance Form, Axon will deem Agency to have accepted the professional services. 8. Agency Network. For work performed by Axon transiting or making use of Agency's network, Agency is solely responsible for maintenance and functionality of the network. In no event will Axon be liable for loss, damage, or corruption of Agency's network from any cause. Title: Axon Evidence Justice Services Agreement Department: Legal Version: 5.0 Release Date: 6/26/2023 Page 9 of 13 29 ilffAvItig Axon Evidence Justice Services Agreement Add -on Services Appendix This Appendix applies to Axon Citizen for Communities, Axon Redaction Assistant, and Axon Performance. 1 Subscription Term. If Prosecutor purchases Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance as part of OSP 7, the subscription begins on the later of the (1) start date of the OSP 7 Term, or (2) date Axon provisions Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance to Prosecutor. If Prosecutor purchases Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance as a standalone, the subscription begins the later of the (1) date Axon provisions Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance to Prosecutor, or (2) first day of the month following the Effective Date. The subscription term will end upon the completion of the Axon Evidence Subscription associated with the add -on. 2 Performance Auto -Tagging Data. In order to provide some features of Axon Performance to Prosecutor, Axon will need to store call for service data from Prosecutor's CAD or RMS. Title: Axon Evidence Justice Services Agreement Department: Legal Version: 5.0 Release Date: 6/26/2023 Page 10 of 13 30 ilffAvItig Axon Evidence Justice Services Agreement Axon Auto -Transcribe Appendix This Appendix applies to Axon Auto -Transcribe. 1) Subscription Term. If Prosecutor purchases Axon Auto -Transcribe as part of a bundle or Axon Evidence subscription, the subscription begins on the later of the (1) start date of the bundle or Axon Evidence license term, or (2) date Axon provisions Axon Auto -Transcribe to Prosecutor. If Prosecutor purchases Axon Auto -Transcribe minutes as a standalone, the subscription begins on the date Axon provisions Axon Auto -Transcribe to Prosecutor. Axon Auto -Transcribe minutes expire one year after being provisioned to Prosecutor by Axon. If Prosecutor cancels Auto -Transcribe services, any amounts owed by the Parties will be based on the amount of time passed under the annual subscription, rather than on the number of minutes used, regardless of usage. 2) Auto -Transcribe A -La -Carte Minutes. Upon Axon granting Prosecutor a set number of minutes, Prosecutor may utilize Axon Auto -Transcribe, subject to the number of minutes allowed on the Quote. Prosecutor will not have the ability to roll over unused minutes to future Auto -Transcribe terms. Axon may charge Prosecutor additional fees for exceeding the number of purchased minutes. 3) Axon Auto -Transcribe On -Demand. Upon Axon granting Prosecutor an On -Demand subscription to Axon Auto -Transcribe, Prosecutor may utilize Axon Auto -Transcribe with no limit on the number of minutes. The scope of Axon Auto -Transcribe On -Demand is to assist Prosecutor with reviewing and transcribing individual evidence items. In the event Prosecutor uses Axon Auto -Transcribe On - Demand outside this scope, Axon may initiate good -faith discussions with Prosecutor on upgrading Prosecutor's Axon Auto -Transcribe On -Demand to better meet Prosecutor's needs. 4) Warranty. Axon does not warrant the accuracy of Axon Auto -Transcribe. Title: Axon Evidence Justice Services Agreement Department: Legal Version: 5.0 Release Date: 6/26/2023 Page 11 of 13 31 0 Axon Evidence Justice Services Agreement Axon Application Programming Interface Appendix This Appendix applies if Axon's API Services are included on the Quote. 1. Definitions. 1.1. "API Client" means the software that acts as the interface between Agency's computer and the server, which is already developed or to be developed by Agency. 1.2. "API Interface" means software implemented by Agency to configure Agency's independent API Client Software to operate in conjunction with the API Service for Agency's authorized Use. 1.3. "Axon Evidence Partner API, API or Axon API" (collectively "API Service") means Axon's API which provides a programmatic means to access data in Agency's Axon Evidence account or integrate Agency's Axon Evidence account with other systems. 1.4. "Use" means any operation on Agency's data enabled by the supported API functionality. 2. Purpose and License. 2.1. Agency may use API Service and data made available through API Service, in connection with an API Client developed by Agency. Axon may monitor Agency's use of API Service to ensure quality, improve Axon devices and services, and verify compliance with this Agreement. Agency agrees to not interfere with such monitoring or obscure from Axon Agency's use of API Service. Agency will not use API Service for commercial use. 2.2. Axon grants Agency a non-exclusive, non -transferable, non-sublicensable, worldwide, revocable right and license during the Term to use API Service, solely for Agency's Use in connection with Agency's API Client. 2.3. Axon reserves the right to set limitations on Agency's use of the API Service, such as a quota on operations, to ensure stability and availability of Axon's API. Axon will use reasonable efforts to accommodate use beyond the designated limits. 3. Configuration. Agency will work independently to configure Agency's API Client with API Service for Agency's applicable Use. Agency will be required to provide certain information (such as identification or contact details) as part of the registration. Registration information provided to Axon must be accurate. Agency will inform Axon promptly of any updates. Upon Agency's registration, Axon will provide documentation outlining API Service information. 4. Agency Responsibilities. When using API Service, Agency and its end users may not: 4.1. use API Service in any way other than as expressly permitted under this Agreement; 4.2. use in any way that results in, or could result in, any security breach to Axon; 4.3. perform an action with the intent of introducing any viruses, worms, defect, Trojan horses, malware, or any items of a destructive nature to Axon Devices and Services; 4.4. interfere with, modify, disrupt or disable features or functionality of API Service or the servers or networks providing API Service; 4.5. reverse engineer, decompile, disassemble, or translate or attempt to extract the source code from API Service or any related software; 4.6. create an API Interface that functions substantially the same as API Service and offer it for use by third parties; 4.7. provide use of API Service on a service bureau, rental or managed services basis or permit other individuals or entities to create links to API Service; 4.8. frame or mirror API Service on any other server, or wireless or Internet -based device; 4.9. make available to a third -party, any token, key, password or other login credentials to API Service; 4.10. take any action or inaction resulting in illegal, unauthorized or improper purposes; or 4.11. disclose Axon's API manual. 5. API Content. All content related to API Service, other than Agency Content or Agency's API Client content, Title: Axon Evidence Justice Services Agreement Department: Legal Version: 5.0 Release Date: 6/26/2023 Page 12 of 13 32 Axon Evidence Justice Services Agreement is considered Axon's API Content, including: 5.1. the design, structure and naming of API Service fields in all responses and requests; 5.2. the resources available within API Service for which Agency takes actions on, such as evidence, cases, users, or reports; 5.3. the structure of and relationship of API Service resources; and 5.4. the design of API Service, in any part or as a whole. 6. Prohibitions on API Content. Neither Agency nor its end users will use API content returned from the API Interface to: 6.1. scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header; 6.2. copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third -party; 6.3. misrepresent the source or ownership; or 6.4. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices). 7. API Updates. Axon may update or modify the API Service from time to time ("API Update"). Agency is required to implement and use the most current version of API Service and to make any applicable changes to Agency's API Client required as a result of such API Update. API Updates may adversely affect how Agency's API Client access or communicate with API Service or the API Interface. Each API Client must contain means for Agency to update API Client to the most current version of API Service. Axon will provide support for one (1) year following the release of an API Update for all depreciated API Service versions. Title: Axon Evidence Justice Services Agreement Department: Legal Version: 5.0 Release Date: 6/26/2023 Page 13 of 13 33 34 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Services and Safety Committee FROM: Police Chief Eric Dreyer BY: Phi Huynh CC: Mayor Ekberg DATE: July 31, 2024 SUBJECT: Renewal of Sound Health Contract #23-098 For Co -Responder Program ISSUE The Tukwila Police Department is seeking committee approval to authorize the Mayor to sign the renewal of contract #23-098 for our Sound Health co -responder through December 31, 2024. BACKGROUND In accordance with the City' s goals of a High -Performing & Effective Organization and a Positive Community Identity & Image for all Tukwila community members, the Police Department recognized that there was a need for collaboration of services when it comes to mental health and chemical addiction issues within the City of Tukwila. Our objective was to reduce the number of mentally ill and chemically dependent interventions that requires jail and hospitalizations. We also recognized the need for diversion of mentally ill and chemically dependent youth and adults from entering the criminal justice system. Co -responder programs throughout the nation have been effective in reducing the number of people entering the criminal justice system, while providing appropriate resources for their illness. The department needs to provide services that provide the appropriate high -quality services for our community members. DISCUSSION The Tukwila Police Department co -responder program is a collaborative approach designed to address the City of Tukwila' s desire to ensure Tukwila' s mentally ill and chemically - dependent community members have access to community treatment in lieu of incarceration for non-violent misdemeanor offenses, where the individual is identified by officers and confirmed by a co -responder to be demonstrating behaviors symptomatic of a mental disorder and/ or co-occurring disorder (combining mental health behavioral disorders with substance use disorders). The program accomplishes this goal by: 1) embedding mental health professionals (aka co -responders) within the police department who respond to calls when officers ask for professional (consultive) assistance by the MHP's; 2) working with and educating officers in traditional methods employed by mental health professionals to de-escalate individuals demonstrating behavioral health concerns as well as assist in providing support to identify symptoms stemming from mental illness versus chemically altered behaviors; 3) ensuring appropriate community services are accessed to facilitate diversion, including community after- care services are available to individuals diverted from incarceration. {EFM2727195.DOCX;2/13175.000001/ } 35 INFORMATIONAL MEMO Page 2 The program was first implemented as a pilot program in 2021 and has proven to be a great asset for both the Police Department and the community. The Police Department and Sound Health had since re-evaluated the program for funding and continuation of the program and had decided to move forward with contracts for two co -responders. Contract for the first co - responder (#23-097) will be good through December 31, 2024 and contract for the second co - responder (#23-098) expired on December 31, 2023 and need to be renewed through 12/31/24 to coincide with the first co -responder's contract. To ensure coverage for every day of the week, the first co -responder works from Wednesday thru Saturday 12pm to 10pm while the second co -responder works from Sunday thru Wednesday from 12pm to 10pm. FINANCIAL IMPACT In 2024, the Tukwila Police Department is utilizing a combination of the City's Opioid Relief Settlement funds, the state seizure funds, and the Association of Washington Cities (AWC) ARTG grant to fund the Co -Responder Program through December 31, 2024. The amount paid is based on the Sound Health contractual amount of $102,000 per year for each co -responder. RECOMMENDATION The Police Department would like to request the Committee to approve the Mayor to sign the renewal of contract #23-098 and forward to the August 19, 2024 Consent Agenda. ATTACHMENTS Tukwila Police Department/Sound Health contract #23-097 Tukwila Police Department/Sound Health contract #23-098 Amendment #1- Renewal for contract #23-098 36 {EFM2727195.DOCX;2/13175.000001/ }C:\Users\Melissa-M\City of Tukwila\City Clerk - Final agendas\08-12-24 CSS\Sound Health Contract Renewal\Sound Health co -responder contracts Info memo 7-2024 renewal of contract .docx City of Tukwila 6200 Southcenter Boulevard, Tukwila WA98188 CONTRACT FOR SERVICES Contract Number: 23-097 Council Approval 5/15/23 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 Sound (f/k/a Sound Mental Health), hereinafter referred to as "the Contractor," whose principal office is located at 6400 Southcenter Blvd, Tukwila, WA 98188. 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 $102,000. 3. Contractor Budqet. 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 Aqreement. This Agreement is in full force and effect commencing on January 1, 2023 and ending December 31, 2024, 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. Each party shall defend, indemnify and hold harmless the other party, its officers, officials, employees and volunteers 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 either party. CA Revised May 2020 Page 1 of 4 37 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. CA Revised May 2020 Page 2 of 4 38 D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. 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, CA Revised May 2020 Page 3 of 4 39 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. 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 following address: 6400 Southcenter Blvd Tukwila WA 98188 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 31 st day of May , 2023. CITY OF TUKWILA CONTRACTOR DocuSigned by: 1 F89FE09132B402... Allan Ekberg, Mayor 5/31/2023 I 3:46 PM PDT ATTEST/AUTHENTICATED: DocuSigned by: CtUriSfG/ 88678483CB594E7... City Clerk, Christy O'Flaherty APPROVED AS TO FORM: DocuSigned by: . Ste. 5E499CA4165E452... Office of the City Attorney By. AB6A4{. RFii7A4 I1 iDocuSigned by: Printed Name and Title: Address: Katrina Egner Interim CEO 6400 Southcenter Blvd Tukwila, WA 98188 CA Revised May 2020 Page 4 of 4 40 City of Tukwila / Sound Exhibit A — Scope of Work The Contractor will provide de-escalation, diversions and referrals to appropriate services as further described herein by providing a mental health professional, hereafter referred to as "CoResponder", to assist Tukwila Police Department ("TPD") officers. The Contractor shall provide a CoResponder Wednesday through Saturday from 12pm-10pm to ride along with TPD officers. Sound CoResponder will accompany assigned TPD Officer to dispatched calls. The intent will be to respond to the following types / nature of calls; • Intoxication • Substance Use / Abuse • Welfare Check • Suicide Prevention, Assessment, and Intervention • Indecent Exposure • Trespass / Unwanted Person • Syringe Disposal / HRAC • Disturbance • Public Nuisance / Mental Health Crisis • Domestic Violence • Integrated Child Welfare It is understood that a TPD Officer may have to respond to other types of calls when the CoResponder is in the vehicle. The CoResponder will assist to de-escalate and provide guidance to divert individuals from jails and hospitalizations. CoResponder will follow-up with previously engaged individuals to track progress and efficacy. • Follow the direction of the officer at all times. • Provide history checks for individuals identified in calls for service and advise officer of any safety or mental health concerns prior to making contact. This will occur preferably before contact but at a minimum before determining a resolution. • Conduct In -field Assessments: o The TPD officer will instruct the CoResponder, as required, to remain in the patrol car or assist with initial contact. The CoResponder will not initiate contact with an individual until the TPD officer identifies the scene is safe and it is appropriate to do so. o CoResponder will conduct an initial assessment including a safety evaluation. {EFM2796034.DOCX;1/13175.000001 / } 41 o CoResponder will collaborate with the officer and coordinate a resolution and defer any legal decisions to the officer. o CoResponder will provide a follow up plan as needed. o CoResponder will insure that all documentation is completed daily. • Resolution: o Should a referral/drop-off to a facility (voluntary or involuntary) be deemed warranted, the following shall occur: • CoResponder is to contact identified facility to conduct a warm hand-off, speak to staff directly upon arrival. • CoResponder will document name and details of conversation with staff person receiving warm hand-off. • CoResponder will assist and coach the officer (as needed) in filling out any paperwork required by the facility. o Safety Plan: • If it is determined that the individual is appropriate for a safety plan the CoResponder will collaborate with the officer (as appropriate), the individual, and anyone the individual identifies (as appropriate). o CoResponder's use of a Custody Authorization: • CoResponders use of a Custody Authorization in the absence of completing a detention is to be avoided unless there is sufficient and imminent risk that if the individual is not taken in to custody that there is likely and expected harm. When a Custody Authorization is completed the CoResponder will coordinate with the officer to arrange transport. In most cases this will include having an ambulance dispatched but is at the discretion of the officer to provide transportation. CoResponder will arrive at destination facility with or shortly after the arrival of the individual to coordinate with an identified social worker. CoResponder is responsible for coordinating follow up for continued investigation pending medical clearance. Complete DCR investigation as required/indicated by including documentation, paperwork, and coordination with medical personnel. o In the event a CoResponder is expected to be off shift before the investigation can be concluded they will coordinate with the drop off/referral facility to establish appropriate coordination of care and document the identified Social Worker and clinician. • CoResponder will submit additional documentation of contact in a Word document that will later be provided to an officer. The officer will enter the document into the TPD's record keeping system (Spillman). • CoResponder and TPD officer will determine if and when the CoResponder should be returned to the TPD so that the TPD officer can continue normal patrol duties. • CoResonder Detaining in the Field: o CoResponder is to follow all the policies and procedures of conducting and completing a mental health detention as is expected, this includes: • Arriving with or shortly after the detained individual at the identified facility to coordinate with that facility's social worker. {EFM2796034.DOCX;1/13175.000001 / } 42 • It is to be clearly stated that the individual is detained and follow up is to occur by contacting the CoResponder directly. • In the event a CoResponder is expected to be off shift before the conclusion of a mental health detention the CoResponder will coordinate with the facility and MOCT to establish appropriate coordination of care. Document the identified Social Worker and Crisis Team clinician and the CoResponder will submit additional documentation of contact in Spillman. • TPD Officers may request follow ups for CoResponders. o CoResponders will prioritize follow ups by assessed need and provide an update to referring officer as appropriate. o Follow ups are intended to identify the best resources for clients to be referred to and to assist with coordinating those resources. o CoResponders do not carry a case load and ongoing follow up is at clinician discretion. {EFM2796034.DOCX;1/13175.000001 / } 43 Exhibit B- Compensation and Method of Payment 1. For all co -responder services set forth in Exhibit A, the Contractor will be paid a total of $102,000 per year ending on December 31, 2024. 2. The Contractor shall invoice the city by the 10th day of each month following the month of service. 3. The Contractor and the City agree to conduct a mid -contract review to occur approximately January 2024 to evaluate filings and compensation. 44 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA98188 CONTRACT FOR SERVICES Contract Number: 23-098 Council Approval 5/15/23 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 Sound (f/k/a Sound Mental Health), hereinafter referred to as "the Contractor," whose principal office is located at 6400 Southcenter Blvd, Tukwila, WA 98188. 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 $102,000. 3. Contractor Budqet. 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 Aqreement. This Agreement is in full force and effect commencing April 24, 2023 and ending December 31, 2023, 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. Each party shall defend, indemnify and hold harmless the other party, its officers, officials, employees and volunteers 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 either party. CA Revised May 2020 Page 1 of 4 45 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 46 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 Keeaina and Reaortina. 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. Assianment 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 Aareement: 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 47 14. Severabilitv 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, WA 98188 Notices to the Contractor shall be sent to the following address: Sound Health 6400 Southcenter Blvd Tukwila WA 98188 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. DS DATED this 31st day of May , 2023. CITY OF TUKWILA CONTRACTOR DocuSigned by: 1 F89FE09132B402... Allan Ekberg, Mayor 5/31/2023 I 3:51 PM PDT ATTEST/AUTHENTICATED: Looc_uSigned by: aust 88678483CB594E7... City Clerk, Christy O'Flaherty APPROVED AS TO FORM: DocuSigned by: L. SE499CA4165E452... Office of the City Attorney By: DocuSigned by: ACCA IC 1{3E87A48 ... Printed Name and Title: Katrina Egner Interim CEO Address: 6400 Southcenter Blvd Tukwila WA 98188 48 CA Revised May 2020 Page 4 of 4 City of Tukwila / Sound Exhibit A — Scope of Work The Contractor will provide de-escalation, diversions and referrals to appropriate services as further described herein by providing a mental health professional, hereafter referred to as "CoResponder", to assist Tukwila Police Department ("TPD") officers. The Contractor shall provide a CoResponder Sunday through Wednesday from 12pm-10pm to ride along with TPD officers. Sound CoResponder will accompany assigned TPD Officer to dispatched calls. The intent will be to respond to the following types / nature of calls; • Intoxication • Substance Use / Abuse • Welfare Check • Suicide Prevention, Assessment, and Intervention • Indecent Exposure • Trespass / Unwanted Person • Syringe Disposal / HRAC • Disturbance • Public Nuisance / Mental Health Crisis • Domestic Violence • Integrated Child Welfare It is understood that a TPD Officer may have to respond to other types of calls when the CoResponder is in the vehicle. The CoResponder will assist to de-escalate and provide guidance to divert individuals from jails and hospitalizations. CoResponder will follow-up with previously engaged individuals to track progress and efficacy. • Follow the direction of the officer at all times. • Provide history checks for individuals identified in calls for service and advise officer of any safety or mental health concerns prior to making contact. This will occur preferably before contact but at a minimum before determining a resolution. • Conduct In -field Assessments: o The TPD officer will instruct the CoResponder, as required, to remain in the patrol car or assist with initial contact. The CoResponder will not initiate contact with an individual until the TPD officer identifies the scene is safe and it is appropriate to do so. o CoResponder will conduct an initial assessment including a safety evaluation. {EFM2796034.DOCX;1/13175.000001 / } 49 o CoResponder will collaborate with the officer and coordinate a resolution and defer any legal decisions to the officer. o CoResponder will provide a follow up plan as needed. o CoResponder will insure that all documentation is completed daily. • Resolution: o Should a referral/drop-off to a facility (voluntary or involuntary) be deemed warranted, the following shall occur: • CoResponder is to contact identified facility to conduct a warm hand-off, speak to staff directly upon arrival. • CoResponder will document name and details of conversation with staff person receiving warm hand-off. • CoResponder will assist and coach the officer (as needed) in filling out any paperwork required by the facility. o Safety Plan: • If it is determined that the individual is appropriate for a safety plan the CoResponder will collaborate with the officer (as appropriate), the individual, and anyone the individual identifies (as appropriate). o CoResponder's use of a Custody Authorization: • CoResponders use of a Custody Authorization in the absence of completing a detention is to be avoided unless there is sufficient and imminent risk that if the individual is not taken in to custody that there is likely and expected harm. When a Custody Authorization is completed the CoResponder will coordinate with the officer to arrange transport. In most cases this will include having an ambulance dispatched but is at the discretion of the officer to provide transportation. CoResponder will arrive at destination facility with or shortly after the arrival of the individual to coordinate with an identified social worker. CoResponder is responsible for coordinating follow up for continued investigation pending medical clearance. Complete DCR investigation as required/indicated by including documentation, paperwork, and coordination with medical personnel. o In the event a CoResponder is expected to be off shift before the investigation can be concluded they will coordinate with the drop off/referral facility to establish appropriate coordination of care and document the identified Social Worker and clinician. • CoResponder will submit additional documentation of contact in a Word document that will later be provided to an officer. The officer will enter the document into the TPD's record keeping system (Spillman). • CoResponder and TPD officer will determine if and when the CoResponder should be returned to the TPD so that the TPD officer can continue normal patrol duties. • CoResonder Detaining in the Field: o CoResponder is to follow all the policies and procedures of conducting and completing a mental health detention as is expected, this includes: • Arriving with or shortly after the detained individual at the identified facility to coordinate with that facility's social worker. {EFM2796034.DOCX;1/13175.000001 / } 50 • It is to be clearly stated that the individual is detained and follow up is to occur by contacting the CoResponder directly. • In the event a CoResponder is expected to be off shift before the conclusion of a mental health detention the CoResponder will coordinate with the facility and MOCT to establish appropriate coordination of care. Document the identified Social Worker and Crisis Team clinician and the CoResponder will submit additional documentation of contact in Spillman. • TPD Officers may request follow ups for CoResponders. o CoResponders will prioritize follow ups by assessed need and provide an update to referring officer as appropriate. o Follow ups are intended to identify the best resources for clients to be referred to and to assist with coordinating those resources. o CoResponders do not carry a case load and ongoing follow up is at clinician discretion. {EFM2796034.DOCX;1/13175.000001 / } 51 Exhibit B- Compensation and Method of Payment 1. For all co -responder services set forth in Exhibit A, the Contractor will be paid a prorated amount from April 24, 2023 to December 31, 2023, based on the full year contract rate of $102,000 per year for 2023. 2. The Contractor shall invoice the city by the 10th day of each month following the month of service. 52 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Sound That portion of Contract No. 23-098 between the City of Tukwila and Sound (f/k/a Sound Mental Health) is hereby amended as follows: Section 4: Duration of agreement: This agreement is in full force and effect commencing January 1, 2024 and ending December 31, 2024, unless sooner terminated under the provisions herein after specified. All other provisions of the contract shall remain in full force and effect. Dated this August day of , 2024. ** City signatures to be obtained by ** Contractor signature to be obtained by City Clerk's Staff ONLY. ** sponsor staff. ** CITY OF TUKWILA CONTRACTOR: Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Andy Youn, City Clerk APPROVED AS TO FORM: Office of the City Attorney By: Printed Name: Title: CA Reviewed May 2020 Page 1 of 1 53 54 TO: City of Tukwila Thomas McLeod, Mayor Parks & Recreation Department - Pete Mayer, Director INFORMATIONAL MEMORANDUM Community Services & Safety Committee FROM: Kris Kelly, Interim Parks & Recreation Director BY: David Rosen, Parks & Recreation Analyst DATE: July 23, 2024 SUBJECT: Authorization to Apply for Washington Recreation & Conservation Office Grants Which Require Matching Funds ISSUE The Tukwila Parks & Recreation Department has completed applications for two grant programs offered by the Washington Recreation & Conservation Office (RCO). Both grants require matching funds to apply and city policy requires council authorization to apply for any grants which require city matching funds. BACKGROUND RCO is a small state agency tasked with managing grant programs for outdoor recreation opportunities, protection of state wildlife habitat, working farms and forests, salmon and orca related policy goals, and more. On average, RCO awards over $200M every year in grant funding. Grants are applied for in even years with awarding of funds being finalized in odd years based on scoring provided by RCO and its selection committees and the State of Washington Capital Budget. The City of Tukwila Parks & Recreation Department has had success in recent years with RCO grants programs, being awarded a Planning for Recreation Access (PRA) Grant for $197,300 and a Local Parks Maintenance (LPM) Grant for $100,000 in Fiscal Year 2023. DISCUSSION The Parks & Recreation Department is prepared to submit applications for two grants: 1. Washington Wildlife & Recreation Program (WWRP) Local Parks The Local Parks grant (Application 24-1800) is being submitted for renovation of the Riverton Park Playground. This project would include a full replacement and enhancement of the play area at Riverton Park, with brand new play structure elements that provide for all ages and abilities, as well as a larger picnic shelter on site. Play elements have been selected specifically with provision of recreational opportunities for children of all ages, providing early childhood development opportunities as well as opportunity for recreational access for those who are differently abled. The project's total estimated cost is $1,367,600 with the WWRP-Local Parks grant providing $500,000 in grant funds, and the City of Tukwila providing $867,600 in matching funds. Please refer to Exhibit A for a basic overview of the project as proposed. Note: Due to this project being on land that is leased from the Tukwila School District, the Parks & Recreation Department is required to seek applicant authorization from the school district as well. This process is currently in progress with an item scheduled for their next school board meeting on August 27rn 55 Community Services & Safety Committee July 23, 2024 Page 2 2. Washington Wildlife & Recreation Program Water Access The Water Access grant (Application 24-1802) is being submitted for development of the riverside campus of the Tukwila Community Center. This project would include a re -imagining of all space that lies behind the Tukwila Community Center from exit and up to and including the shores of the Duwamish River. Project elements include improvements to the trail on the backside of TCC which would include grading allowing for ADA access, a brand-new canoe launch on the southwestern shore, a boardwalk along the Duwamish River, an ADA accessible river overlook tower, a log jam seating wall adjacent to the Duwamish River, and improvements to play elements and picnic areas throughout TCC's riverside campus. The project's total cost is estimated at $3,620,000 with the WWRP-Water Access grant providing $1,810,000 in grant funds, and the City of Tukwila providing $1,810,000 in matching funds. Please refer to Exhibit B for a basic overview of the project as proposed. At this time, the City of Tukwila is therefore estimating required matching funds for these grants of $2,677,600. These matching funds would be provided by a mixture of REET1 funds, King County Parks Levy funds, and predominantly, Park Impact Fees. Department staff can confirm that the required amount is on hand within the Land Acquisition, Recreation, and Park Development Fund (Fund 301) at this time. Department staff will continue to seek other fund sources that could be used to assist in project execution as we await final results of these RCO grant applications. FINANCIAL IMPACT Authorization of this resolution does not encumber any funds or create any General Fund inflows or outflows. Authorization of this resolution simply allows for completion and submittal of the grant applications. If the grants were awarded, at that time, the Parks & Recreation Department would encumber the necessary matching funds within Fund 301. RECOMMENDATION Staff recommend the committee forward this resolution to the August 19th Regular Meeting Agenda for approval by the full City of Tukwila City Council. ATTACHMENTS A --- RCO Applicant Resolution/Authorization Form B --- Resolution 1144 (King County Transfer of Tukwila Community Center Land) C --- Contract 21-188 (Lease for Riverton Park land from Tukwila School District) 56 Community Services & Safety Committee July 23, 2024 Page 3 Exhibit A — Riverton Park Playground Renovation Project Design Overview Project Design - Overview O ICONIC CLIMBER e 5-12 YEAR OLD PLAY 0 2-5 YEAR OLD PLAY 0 SWINGS O MUSICAL PLAY o PICNIC SHELTER O CONSTRUCTED GRASSY KNOLL 0 NATURAL GRASSY KNOLL Estimate a doubting of play area square footage Anticipated Completion: Fall 2027 — Fall 2028 Riverton Park Playground Renovation I WWRP — Local Parks #24-1800 DEV 10 0-1 Community Services & Safety Committee 00 July 23, 2024 Page 4 Exhibit B — Tukwila Community Center Riverside Trail & Canoe Launch Project Design Overview Project Design - Overview _ - LEGEND • !+ TRAll ,...rPROVEI EHT'S 0 ' • : H. acce such. and oo.ee d ert perm awfeoes Replace Ai w^w conc.vc• pip r. I •:• Add 7pl4re+$ercenearseem rian86And wekcwn eNanllhen NM wrorell dd+¢ tie/ 0 WOOD BOARDWALK nav Bo- edIrssn ilit-411111111111r ':.. \ . . .. . . imp VX.L. E, PICNIC AREAS 0. •_ e +' CAN,OELALJNCH ACP 4111.-••11---0 iir - CI RIVER OVERLOOK LOGS JAM SEATING +Mhx'6nd TWP+O ��.: iiy { •.� rr - + ■7 i . e0 ©-:•+ Anticipated Completion: '' - 0 Fall 2027 — Fall 2028 Tukwila 12 Community Center Riverside Trail & Canoe Launch I WWRP - Water Access #24-1802 DEV WASHINGTON STATE Recreation and Conservation Office Applicant Resolution/Authorization Organization Name (sponsor) City of Tukwila Resolution No. or Document Name Project(s) Number(s)and Name(s) 24-1800 (Riverton Park Playground Renovation) & 24-1802 This resolution/authorization authorizes the person(s) identified below (in Section 2) to act as the authorized representative/agent on behalf of our organization and to legally bind our organization with respect to the above Project(s) for which we seek grant funding assistance managed through the Recreation and Conservation Office (Office). WHEREAS, grant assistance is requested by our organization to aid in financing the cost of the Project(s) referenced above; NOW, THEREFORE, BE IT RESOLVED that: 1. Our organization has applied for or intends to apply for funding assistance managed by the Office for the above "Project(s)." 2. Our organization authorizes the following persons or persons holding specified titles/positions (and subsequent holders of those titles/positions) to execute the following documents binding our organization on the above projects: Grant Document Name of Signatory or Title of Person Authorized to Sign Grant application (submission thereo Tam McLeod Project contact (day -to -clay administering of the grant and communicating with the RCO) David Rosen RCO Grant Agreement (Agreement) Tam McLeod Agreement amendments Tam McLeod Authorizing property and real estate documents (Notice of Grant, Deed of Right or Assignment of Rights if applicable). These are items that are typical recorded on the property with the county. Tukwila Community Center - Resolution 1144 (King County Transfer of Land to City 1 Parcel N) Riverton Park: - Lease with Tukwila School District (Contract 21-188) The above persons are considered an "authorized representatives)/agent(s)" for purposes of the documents indicated. Our organization shall comply with a request from the RCO to provide documentation of persons who may be authorized to execute documents related to the grant. 59 3. Our organization has reviewed the sample RCO Grant Agreement on the Recreation and Conservation Office's WEB SITE at: https://rco.wa.gov/wp-content/uploads/2019/06/SampleProjAgreement.pdf. We understand and acknowledge that if offered an agreement to sign in the future, it will contain an indemnification and legal venue stipulation and other terms and conditions substantially in the form contained in the sample Agreement and that such terms and conditions of any signed Agreement shall be legally binding on the sponsor if our representative/agent enters into an Agreement on our behalf. The Office reserves the right to revise the Agreement prior to execution. 4. Our organization acknowledges and warrants, after conferring with its legal counsel, that its authorized representative(s)/agent(s) have full legal authority to act and sign on behalf of the organization for their assigned role/document. 5. Grant assistance is contingent on a signed Agreement. Entering into any Agreement with the Office is purely voluntary on our part. 6. Our organization understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the Agreement, the characteristics of the project, and the characteristics of our organization. 7. Our organization further understands that prior to our authorized representative(s)/agent(s) executing any of the documents listed above, the RCO may make revisions to its sample Agreement and that such revisions could include the indemnification and the legal venue stipulation. Our organization accepts the legal obligation that we shall, prior to execution of the Agreement(s), confer with our authorized representative(s)/agent(s) as to any revisions to the project Agreement from that of the sample Agreement. We also acknowledge and accept that if our authorized representative(s)/agent(s) executes the Agreement(s) with any such revisions, all terms and conditions of the executed Agreement shall be conclusively deemed to be executed with our authorization. 8. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. 9. [for Recreation and Conservation Funding Board Grant Programs Only] If match is required for the grant, we understand our organization must certify the availability of match at least one month before funding approval. In addition, our organization understands it is responsible for supporting all non -cash matching share commitments to this project should they not materialize. 10. Our organization acknowledges that if it receives grant funds managed by the Office, the Office will pay us on only a reimbursement basis. We understand reimbursement basis means that we will only request payment from the Office after we incur grant eligible and allowable costs and pay them. The Office may also determine an amount of retainage and hold that amount until all project deliverables, grant reports, or other responsibilities are complete. 11. [for Acquisition Projects Only] Our organization acknowledges that any property acquired with grant assistance must be dedicated for the purposes of the grant in perpetuity unless otherwise agreed to in writing by our organization and the Office. We agree to dedicate the property in a signed "Deed of Right" for fee acquisitions, or an "Assignment of Rights" for other than fee acquisitions (which documents will be based upon the Office's standard versions of those documents), to be recorded on the title of the property with the county auditor. Our organization acknowledges that any property 60 acquired in fee title must be immediately made available to the public unless otherwise provided for in policy, the Agreement, or authorized in writing by the Office Director. 12. [for Development, Renovation, Enhancement, and Restoration Projects Only —If our organization owns the project property] Our organization acknowledges that any property owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or Office in writing and per the Agreement or an amendment thereto. 13. [for Development, Renovation, Enhancement, and Restoration Projects Only —If your organization DOES NOT own the property] Our organization acknowledges that any property not owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant as required by grant program policies unless otherwise provided for per the Agreement or an amendment thereto. 14. [Only for Projects located in Water Resources Inventory Areas 1-19 that are applying for funds from the Critical Habitat, Natural Areas, State Lands Restoration and Enhancement, Riparian Protection, or Urban Wildlife Habitat grant categories; Aquatic Lands Enhancement Account; or the Puget Sound Acquisition and Restoration program, or a Salmon Recovery Funding Board approved grant] Our organization certifies the following: the Project does not conflict with the Puget Sound Action Agenda developed by the Puget Sound Partnership under RCW 90.71.310. 15. This resolution/authorization is deemed to be part of the formal grant application to the Office. 16. Our organization warrants and certifies that this resolution/authorization was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that our organization has full legal authority to commit our organization to the warranties, certifications, promises and obligations set forth herein. This resolution/authorization is signed and approved on behalf of the resolving body of our organization by the following authorized member(s): Signed Title Date On File at: This Applicant Resolution/Authorization was adopted by our organization during the meeting held: (Local Governments and Nonprofit Organizations Only): Location: City of Tukwila City Hall (6200 Southcenter Blvd) Date:8/19/2024 Washington State Attorney General's Office Approved as to form�� Assistant Attorney General 2/13/2020 Date You may reproduce the above language in your own format; however, text may not change. 61 62 ord At The Request Of 3-7- 90 EARLINGTON PARK After recording return to: King County Real Property Division DEED K ng County Real Prop. y Division THE GRANTOR, King County, a political subdivision of the State of Washington, for and in consideration of mutual benefits, and in consideration of the bene- fits to be accrued through the provisions of King County Ordinance No. 9315 does hereby grant and convey unto the City of Tukwila, a municipal corporation of the State of Washington, a fee simple determinable in the following described parcels of land, situate in the County of King, State of Washington: PARCEL A That portion, if any, of Government Lot 4, Section 10, Township 23 North, Range 4 E., W. M., King County, Washington lying West of the Plat of C. D. Hillman's Meadow Gardens Addition to the City of Seattle Division No. 1, according to the Plat recorded in Volume 12 of Plats, page 64, in King County, Washington, and East of the ordinary high water line of the Duwamish River, said portion also designated as Lots 40 and 41, Block 7, on the Plat of C. D. Hillman's Meadow Gardens Division No. 1, according to the Plat recorded in Volume 12 of Plats, Page 64, in King County, Washington. SUBJECT TO THE FOLLOWING: Any question that may arise due to shifting or change in the course of the Duwamish River or due to said river having changed its course. Right of the State of Washington in and to that portion of said premises, if any, lying in the bed of the Duwamish River. Said land or a portion thereof may lie beneath navigable waters. Any portion of said land which lies or which may in the future lie beneath navigable waters is c) subject to rights of navigation; together with incidental rights of fishing, boating, swimming, waterskiing and other related recreational purposes generally regarded as corollary to the right of navigation and the use of public waters. Easement reserved to Thomas K. Ray for the use of water from a spring located on said property sufficient to supply the house of said Ray for domestic purposes and to his barn sufficient water for the stock kept on the farm now owned by said Ray, said spring being now used by said Ray for said purposes by instrument recorded October 26, 1905, under Auditor's File No. 359506. PARCEL B That portion, if any, of Government Lot 4, Section 10, Township 23 North, Range 4 East, W. M., in King County, Washington, lying West of the Plat of C. D. Hillman's Meadow Gardens Addition to the City of Seattle Division No. 1, according to the Plat recorded in Volume 12 of Plats, Page 64, in King County, Washington, and East of the ordinary high water line of the Duwamish River, said portion also designated as Lots 51 and 52, Block 7, on the Plat of C. D. Hillman's Meadow Gardens Addition to the City of Seattle Division No. 1, according to the Plat recorded in Volume 12 of Plats, Page 64, in King County, Washington. SUBJECT TO THE FOLLOWING: Any question that may arise due to shifting and change in the course of the Duwamish River or due to said river having changed its course. Right of the State of Washington in and to that portion, of said premises, if any, lying in the bed of the Duwamish River. Said land or a portion thereof may lie beneath navigable waters. Any portion of said land which lies or which may in the future lie beneath navigable waters is subject to rights of navigation; together with incidental rights of fishing, boating, swimming, waterskiing and other related recreational purposes generally regarded as corollary to the right of navigation and the use of public waters. 63 PARCEL C That portion, if any, of Government Lot 4, Section 10, Township 23 North, Range 4 E., W. M., King County, Washington, lying West of the Plat of C. D. Hillman's Meadow Gardens Division No. 1, according to the Plat recorded in Volume 12 of Plats, page 64, in King County, Washington, and East of the ordinary high water line of the Duwamish River, said portion also designated as Lots 29 and 30, Block 7, on the Plat of C. D. Hillman's Meadow Gardens Division No. 1, according to the Plat recorded in Volume 12 of Plats, Page 64, in King County, Washington. SUBJECT TO THE FOLLOWING: Any question that may arise due to shifting or change in the course of the Duwamish River or due to said river having changed its course. Right of the State of Washington in and to that portion of said premises, if any, lying in the bed of the Duwamish River. Said land or a portion thereof may lie beneath navigable waters. Any portion of said land which lies or which may in the future lie beneath navigable waters is subject to rights of navigation; together with incidental rights of fishing, boating, swimming, waterskiing and other related recreational purposes generally regarded as corollary to the right of navigation and the use of public waters. PARCEL D That portion, if any, of Government Lot 4, Section 10, Township 23 North, Range 4 East, W. M., in King County, Washington, lying West of the Plat of C. D. Hillman's Meadow Gardens Addition to the City of Seattle Division No. 1, according to the Plat recorded in Volume 12 of Plats, Page 64, in King County, Washington, and East of the ordinary high water line of the Duwamish River, said portion also designated as Lot 31, Block 7, C. D. Hillman's Meadow Gardens Addition to the City of Seattle Division No. 1, according to the Plat recorded in Volume 12 of Plats, Page 64, in King County, Washington. SUBJECT TO THE FOLLOWING: Any question that may arise due to shifting and change in the course of the Duwamish River or due to said river having changed its course. Right of the State of Washington in and to that portion of said premises, if any, lying in the bed of the Duwamish River. Said land or a portion thereof may lie beneath navigable waters. Any portion of said land which lies or which may in the future lie beneath navigable waters is subject to rights of navigation; together with incidental rights of fishing, boating, swimming, waterskiing and other related recreational purposes generally regarded as corollary to the right of navigation and the use of public waters. PARCEL E That portion, if any, of Government Lot 4, Section 10, Township 23 North, Range 4 E., W. M., in King County, Washington, lying West of the Plat of C. D. Hillman's Meadow Gardens Addition to the City of Seattle Division No. 1, according to the Plat recorded in Volume 12 of Plats, page 64, in King County, Washington, and East of the ordinary high water line of the Duwamish River, said portion also designated as Lot 27, Block 7, on the Plat of C. D. Hillman's Meadow Gardens Addition to the City of Seattle Division No. 1, according to the Plat recorded in Volume 12 of Plats, Page 64, in King County, Washington. SUBJECT TO THE FOLLOWING: Any question that may arise due to shifting or change in the course of the Duwamish River or due to said river having changed its course. -2- 64 SUBJECT TO THE FOLLOWING: (continued) Right of the State of Washington in and to that portion of said premises, if any, lying in the bed of the Duwamish River. Said land or a portion thereof may lie beneath navigable waters. Any portion of said land which lies or which may in the future lie beneath navigable waters is subject to rights of navigation; together with incidental rights of fishing, boating, swimming, waterskiing and other related recreational purposes generally regarded as corollary to the right of navigation and the use of public waters. PARCEL F That portion, if any, of Government Lot 2, Section 10, Township 23 North, Range 4 East, W. M., in King County, Washington, lying South of the Plat of C. D. Hillman's Meadow Gardens Division No. 3, according to Plat recorded in Volume 12 of Plats, Page 86, in King County, Washington, and North of the ordinary high water line of the Duwamish River, a portion of said portion also designated as Lots 1 through 3, Block 29, on the Plat of C. D. Hillman's Meadow Gardens Division No. 3, according to the Plat recorded in Volume 12 of Plats, Page 86, in King County, Washington. SUBJECT TO THE FOLLOWING: Any question that may arise due to shifting and change in the course of the Duwamish River or due to said river having changed its course. Right of the State of Washington in and to that portion, of said premises, if any, lying in the bed of the Duwamish River. • Said land or a portion thereof may lie beneath navigable waters. Any portion c-0 of said land which lies or which may in the future lie beneath navigable • waters is subject to rights of navigation; together with incidental rights of fishing, boating, swimming, waterskiing and other related recreational purposes generally regarded as corollary to the right of navigation and the use of public waters. PARCEL G That portion, if any, of Government Lot 4, Section 10, Township 23 North, Range 4 E., W. M., King County, Washington, lying West of the Plat of C. D. Hillman's Meadow Gardens Addition to the City of Seattle, Division No. 1, according to the Plat recorded in Volume 12 of Plats, page 64, in King County, Washington, and East of the ordinary high water line of the Duwamish River, said portion also designated as Lots 53 to 55 inclusive, Block 7, on the Plat of C. D. Hillman's Meadow Gardens Addition to the City of Seattle, Division No. 1, according to the Plat recorded in Volume 12 of Plats, Page 64, in King County, Washington. SUBJECT TO THE FOLLOWING: Any question that may arise due to shifting or change in the course of the Duwamish River or due to said river having changed its course. Right of the State of Washington in and to that portion of said premises, if any, lying in the bed of the Duwamish River. Said land or a portion thereof may lie beneath navigable waters. Any portion of said land which lies or which may in the future lie beneath navigable waters is subject to rights of navigation; together with incidental rights of fishing, boating, swimming, waterskiing and other related recreational purposes generally regarded.as corollary to the right of navigation and the use of public waters. PARCEL H That portion, if any, of Government Lot 4, Section 10, Township 23 North, Range 4 East, W. M., in King County, Washington, lying West of the Plat of C. D. Hillman's Meadow Gardens Division No. 1, according to the Plat recorded in Volume 12 of Plats, Page 64, in King County, Washington, and East of the ordinary high water line of the Duwamish River, said portion also designated as Lot 28, Block 7, on the Plat of C. D. Hillman's Meadow Gardens Addition to the City of Seattle Division No. 1, according to the Plat recorded in Volume 12 of Plats, Page 64, in King County, Washington. -3- 65 c SUBJECT TO THE FOLLOWING: Any question that may arise due to shifting and change in the course of the Duwamish River or due to said river having changed its course. Right of the State of Washington in and to that portion of said premises, if any, lying in the bed of the Duwamish River. Said land or a portion thereof may lie beneath navigable waters. Any portion of said land which lies or which may in the future lie beneath navigable waters is subject to rights of navigation; together with incidental rights of fishing, boating, swimming, waterskiing and other related recreational purposes generally regarded as corollary to the right of navigation and the use of public waters. PARCEL I Lot 44, Block 13, Allentown Addition to City of Seattle, according to Plat recorded in Volume 12 of Plats, Page 100, in King County, Washington. SUBJECT TO THE FOLLOWING: Any question that may arise due to shifting and change in the course of the Duwamish River or due to said river having changed its course. o. ‘ Right of the State of Washington in and to that portion of said premises, if r any, lying in the bed of the Duwamish River. ri M Said land or a portion thereof may lie beneath navigable waters. Any portion of said land which lies or which may in the future lie beneath navigable waters is subject to rights of navigation; together with incidental rights of fishing, boating, swimming, waterskiing and other related recreational purposes generally regarded as corollary to the right of navigation and the use of public waters. c=s' PARCEL J That portion of the SE 1/4 of the SE 1/4 of Section 10 and of the SW 1/4 of the SW 1/4 of Section 11, Township 23 North, Range 4 East, W. M., in King County, Washington, described as follows: Commencing at the South 1/4 corner of Section 10, Township 23 North, Range 4 East, W. M., King County, Washington and proceeding thence North 34°17'35" East 1,748.60 feet; thence South 2°27'48" West 150.00 feet along the Westerly right-of-way line of 46th Avenue South; thence South 87°32'12" East 1,223.28 feet along the Southerly right-of-way line of South 125th Street; thence South 30°46'12" East 160.00 feet along the Southwesterly right-of-way line of 50th Place South, to the True Point of Beginning, said point being the most Northerly corner of Lot 32, Block 13, Allentown Addition to the City of Seattle, according to the Plat recorded in Volume 12 of Plats, Page 100, records of said County; thence South 30°46'12" East 470.00 feet along said right-of-way line of 50th Place South; thence South 59°13'48" West 198.71 feet; thence West 50 feet more or less to the vegetation line of the Duwamish River, thence Northwesterly along the vegetation line of the Duwamish River to a point that bears South 59°13'48" West from the True Point of Beginning, said point being the most Westerly corner of said Lot 32; thence North 59°13'48" East along the Northwesterly line of said Lot 32, a distance of 195 feet more or less, to the True Point of Beginning. EXCEPTING there from any part or parcel of Lots 32 through 36, Block 13 of Allentown Addition to the City of Seattle. -4- 66 PARCEL J (continued) ALSO That portion of the SE 1/4 of the SE 1/4 of Section 10 and of the SW 1/4 of the SW 1/4 of Section 11, Township 23 North, Range 4 East, W. M., in King County, Washington, described as follows: Commencing at the South 1/4 corner of Section 10, Township 23 North, Range 4 East, W. M., King County, Washington and proceeding thence North 45°17'35" East 1,748.60 feet; thence South 2°27'48" West 150.00 feet along the Westerly right-of-way line of 46th Avenue South; thence South 87°32'12" East 1,223.28 feet along the Southerly right-of-way line of South 125th Street; thence South 30°46'12" East 670.00 feet along the Southwesterly right-of-way line of 50th Place South, to the True Point of Beginning, said point being the most Northerly corner of Lot 45, Block 13, Allentown Addition to the City of Seattle, according to Plat recorded in Volume 12 of Plats, Page 100, records of said County; thence South 30°46'12" East 410 feet more or less to the vegetation line of the Duwamish River, thence Westerly and Northerly along the vegetation line of the Duwamish River to a point that bears West from the NW corner of Lot 45 thence East 68 feet more or less to the NW corner of said Lot 45; thence North 59°13'48" East 207.17 feet to the True Point of Beginning. SUBJECT TO THE FOLLOWING: An easement affecting the portion of said premises and for the herein, and incidental purposes. For In Favor of : Recorded : Auditor's No: Affects River Protection Easement County of King, a municipal corporaton November 15, 1961 5353685 Lots 45 to 52 inclusive, Block 13 An easement affecting the portion of said premises herein, and incidental purposes. For In Favor of : Recorded : Auditor's No: Affects purposes stated and for the purposes stated Electric Transmission Line Puget Sound Power & Light Company, a Massachusetts corporation April 23, 1934 2797098 Lot 52 Any question that may arise due to shifting and change in the course of the Duwamish River or due to said river having changed its course. Right of the State of Washington in and to that portion of said premises, if any, lying in the bed of the Duwamish River. Said land or a portion thereof may lie beneath navigable waters. Any portion of said land which lies or which may in the future lie beneath navigable waters is subject to rights of navigation; together with incidental rights of fishing, boating, swimming, waterskiing and other related recreational purposes generally regarded as corollary to the right of navigation and the use of public waters. Under the terms of Option Agreement Dated June 21, 1973, Codiga exercised his right to lease back property he sold to King County for park purposes. This option is cancellable by Optionee upon sixty (60) days written notice to Optionor, and cancellable by Optionor upon thirty (30) days written notice to Optionee. PARCEL K That portion of Tract X lying within a strip of land 230 feet wide lying Southwesterly of and adjacent to the following described centerline: -5- 67 PARCEL K (continued) Beginning at a point South 25°23'10" East a distance of 2,827.20 feet from the West 1/4 corner of Section 11, Township 23 North, Range 4 East, W. M., in King County, Washington, said point being Engineer's Station P.C. 3+39.59 of King County Survey No. 14-23-4-14; thence South 24°59'40" East a distance of 100 feet to the point of beginning; thence along the arc of a curve to the left having a radius of 636.62 feet a distance of 712.39 feet; thence North 89°06'34" West 185.08 feet; thence along the arc of a curve to the right having a radius of 50.0 feet a distance of 86.93 feet; thence North 10°29'56" East 43.70 feet to a TE112NUS at Station 28+90.92 of X-line of State Highway by survey for relocation of Steel Hill Bridge. TRACT X: That portion of the following described property lying Northwesterly of primary State Highway No. 1 as condemned under King County Superior Court Cause No. 591370; That portion of the Stephen Foster and C. C. Lewis Donation Claims in Sections 11 and 14, Township 23 North, Range 4 East, W. M., in King County, Washington, more particularly described as follows: Commencing at a point which bears North 81°44'15" East, a distance of 199.17 feet from a monument at the end of a curve on the centerline of the Duwamish Renton Junction Road, said end of a curve being approximately 1200 feet North and 440 feet West of the 1/4 corner between Sections 14 and 15, Township 23 North, Range 4 East, W. M., in King County, Washington, the tangent to said curve bears South 49°24' East; thence North 40°36' East a distance of 949.15 feet to the True Point of Beginning of this description; thence North 40°36' East a distance of 989 feet, more or less, to the left bank of the Duwamish River; thence Southeasterly and Southwesterly along the left bank of said river to a point which bears South 49°24' East a distance of 482 feet, more or less, from the point of beginning; thence North 49°24' West a distance of 482 feet, more or less, to the True Point of Beginning; EXCEPT that portion thereof conveyed to King County for road by Deed record- ed under Auditor's File No. 5928199 AND EXCEPT that portion thereof convey- ed to the City of Tukwila by Deed recorded under Auditor's File No. 6634222. SUBJECT TO THE FOLLOWING: Right to make necessary slopes for cuts or fills upon said premises in confor- mity with standard plans and specifications for highway purposes, and to the same extent as if the rights granted had been acquired by condemnation pro- ceedings under statute of the State of Washington, as granted by Deed recorded under Auditor's File No. 5928199. Right of the State of Washington in and to that portion of said premises, if any, lying in the bed of Duwamish River. Any question that may arise due to shifting or change in the course of the Duwamish River or due to said river having changed its course. WATERLINE EASEMENTS SR-5 (Parcel 7-04119) (So. 178th to So. 125th Steeet) Fireline Easement for a Waterline along I-5 was granted to the State to provide fire protection for the steel girder bridge crossing the Duwamish River on I-5 (5-22-74). Said instrument recorded under Auditor's File No. 7407160307. PARCEL L Lots 1 and 2, Block 7, Hillman's Meadow Gardens, Division No. 1, as recorded in Volume 12 of Plats on Page 64, records of King County, Washington; -6- 68 PARCEL L (continued) ALSO Lots 5 through 20; Lots 34 through 39; Lots 43 through 50 all in said Block 7, Hillman Meadow Gardens, Division No. 1, as recorded in Volume 12 of Plats on Page 64, records of King County, Washington; ALSO Lots 4 through 12, Block 29, C. D. Hlllman's Meadow Gardens, Division No. 3, as recorded in Volume 12 of Plats, on Page 86, records of King County, Washington; ALSO Lots 10 through 17; Lots 19 through 21, and Lots 53 through 59, all in Block 13, Allentown Addition as recorded in Volume 12 of Plats on Page 100, records of King County, Washington, PARCEL M That portion of the following described Tract X lying Northerly of the following described Line B. TRACT X That portion of the Stephen Foster Donation Claim No. 38 and of the C. C. Lewis Donation Claim No. 37, in Sections 10, 11, 14, and 15, Township 23 North, Range 4 East, W. M., in King County, Washington, described as follows: Beginning at a point which bears North 40°01'05" West 920.15 feet from a C a monument at the point of intersection of a curve on the centerline of the A Duwamish-Renton Junction Road, said point of intersection being approxi- mately 1000 feet East and 20 feet South of the 1/4 corner between said Section 14 and 15, thence North 49°24' West 835.00 feet on a line parallel to and 150.00 feet Northeasterly of the centerline of said Duwamish-Renton Junction Road, to a point which bears North 81°44'15" East 199.17 feet from \ the point of curve on the centerline of the said Duwamish-Renton Junction l� Road, said point of curve being approximately 1200 feet North and 440 feet C'b West of the quarter corner between said Sections 14 and 15; thence South 40°36'00" West 20 feet to the Northeasterly margin of the right-of-way of the Puget Sound Electric Railway; thence North 49°24'00" West along said right-of-way 950.29 feet to the True Point of Beginning of this description; thence South 49°24'00" East 400.00 feet; thence North 40°36'00" East 702.10 feet; thence South 49°24'00" East 564.29 feet; thence North 40°36'00" East 583.20 feet to a point which is hereby designated for purposes of this description as point "A"; thence continuing North 40°36'00" East 633.11 feet, more or less, to a point 230 feet from the centerline of the right-of-way of the Steel Hill Bridge Revetment described in Deed recorded under Auditor's File No. 6029599 which is also the Southwesterly line of a tract of land conveyed to King County by that certain Deed recorded May 17, 1966 under King County Auditor's Receiving No. 6029599; thence Westerly along the Southwesterly line of said Tract 40 feet to the most Westerly corner of said Tract; thence North 40°36'00" East 30 feet more or less, to the edge of the right- of-way of the Steel Hill Bridge Revetment described in instrument recorded under Auditor's File No. 5928200; thence Northwesterly along the Southwesterly edge of the right-of-way of the Steel Hill Bridge Revetment, a distance of 289.53 feet to the apparent line of vegetation on the left bank of the Duwamish River; thence Westerly and Southwesterly along said line of vegetation to a point which bears North 29°48'55" West from Point "A"; thence continuing Northwesterly along said line of vegetation to a point which bears North 40°36' East from the True Point of Beginning of this description; -7- TE6/TUK.7 69 PARCEL M - Tract X (continued) thence South 40°36' West 30 feet, more or less, to iron pipe on the top of the bank of the Duwamish River; thence continuing South 40°36' West 1196.46 feet to the True Point of Beginning of this description; EXCEPT that portion conveyed to the City of Tukwila, a municipal cor- poration, recorded under Auditor's File No. 6634221, 6634222, 6634223, and 6634224. LINE B Beginning at a point designated as Point "A" in the description of Tract X; thence North 40°36' East along the Southeasterly line of Tract X 617.90 feet; thence North 49°24' West 40 feet; thence North 40°36' East 20.093 feet to the True Point of Beginning of line "B" and also being on the Northeasterly line of a tract of land conveyed to King County by Deed recorded under Auditor's File No. 6029599; thence North 92°24'24" West 18.652 feet; thence along a curve to the left having a radius of 369.00 feet, an arc distance of 247.818 feet and through a central angle of 38°28'46"; thence South 89°06'50" West 52.567 feet; thence South 87°39'52" West 37.569 feet; thence along a curve to the left having a radius of 134.00 feet, an arc distance of 83.233 feet, and through a central angle of 35°09'41"; thence South 52°30'11" West 175.842 feet; a thence South 53°44'45" West 52.954 feet; thence South 62°05'04" West 53.567 feet; thence South 67°22'29" West 106.143 feet; thence South 72°19'14" West 56.620 feet; thence South 81°57'02" West 58.253 feet; thence North 81°29'27" West 46.690 feet; thence North 72°37'14" West 65.122 feet; thence North 01°30'31" East 11.619 feet; thence North 64°40'31" West 15.051 feet; c=° thence South 64°12'38" West 12.118 feet; thence North 73°09'08" West 21.853 feet; thence North 62°33'06" West 61.995 feet; thence North 49°01'22" West 49.809 feet; thence North 47°53'01" West 58.700 feet; thence North 43°34'24" West 75.276 feet, more or less, to a point on the Northwesterly line of Tract X which bears North 40°36' East 1170.019 feet from the most Westerly corner of Tract X and terminus of Line B. SUBJECT TO THE FOLLOWING: The right to construct, repair, and maintain a surface water drainage lift sta- tion and outlet pipes within the following described Parcel "A," and being a strip of land 30 feet in width, the centerline of said strip being described as follows: Commencing at a point which bears North 40°01'05" West 920.15 feet from a monument at the point of intersection of a curve on the centerline of the Duwamish-Renton Junction Road, said point of intersection being approxima- tely 1000 feet East and 20 feet South of the quarter corner between Sections 14 and 15, Township 23 North, Range 4 East, W. M.; thence North 49°24' West 835.00 feet on a line parallel to and 150 feet Northeasterly of the centerline of said Duwamish-Renton Junction Road to a point which bears North 81°44'15" East 199.17 feet from the point of curve on the centerline of said Duwamish-Renton Junction Road, said point being approximately 1200 feet North and 440 feet West of the quarter corner bet- ween said Sections 14 and 15; thence South 40°36' West 20 feet to the Northeasterly margin of the Puget Sound Electric Railway Right-of-way; thence North 49°24' West along said right-of-way 640.29 feet; thence North 40°36' East 370.00 feet; thence North 36°44'38" East 841.22 feet to a point hereafter called Point "A" and the beginning of said centerline; thence North 18°58'38" East to the Green River and terminus of said center- line. ALSO, the right to construct, repair and maintain a light pole, the center of which bears North 86°44'38" East from said Point "A a distance of 212.80 feet. ALL as reserved in that certain Deed of conveyance recorded TE6/TUK.8 -8- 70 under Auditor's File No. 7604200625. Easements affectng a portion of said premises as recorded under Auditor's File No.s 3047588, 5479828, and 5928214; Any question that may arise due to shifting or change in the course of the Green River or due to said river or creek having changed its course. PARCEL N Tracts 15, 16, 17, and 18 Allentown Addition to City of Seattle, according to the Plat recorded in Volume 12 of Plats, Page 100 in King County, Washington, EXCEPT portion of said Tract 18, heretofore conveyed to King County by Deed recorded under Auditor's File No. 2625173, in King County, Washington, for road and highway and EXCEPT that portion of Tract 18 described as follows: Beginning at the NW corner of Tract 18 and the intersection of 42nd Avenue South and South 124th Street; thence East along the South margin line of South 124th Street, 100 feet; thence Southerly 100 feet to a point which is 100 feet East of the East margin line of 42nd Avenue South; thence West 100 feet to the East margin of 42nd Avenue South at a point 100 feet South of the point of beginning; thence North 100 feet to the point of beginning. A Easement recorded July 28, 1965 under Auditor's File No. 5908178. SUBJECT TO THE FOLLOWING: Any question that may arise due to shifting and change in the course of the river or creek herein named, or due to said river or creek having changed its course. Right of the State of Washington in and to that portion of said premises, if any, lying in the bed of the Duwamish River. Said land or a portion thereof may lie beneath navigable waters. Any portion of said land which lies or which may in the future lie beneath navigable waters is subject to rights of navigation, together with incidental rights of fishing, boating, swimming, waterskiing and other related recreational purposes generally regarded as corollary to the right of navigation and the use of public waters. PARCEL 0 That portion of land, if any, lying Easterly of the Duwamish River, and Westerly of 42nd Avenue South and South of the South line of Allen Avenue (now 124th Street) extended Westerly, as shown in the Plat of Allentown; EXCEPT portion lying within Tract 18 of the Plat of Allentown, all within the West 1/2 of the West 1/2 of the SE 1/4 of Section 10, Township 23 North, Range 4 East of W. M.; ALSO, an easement dated June 26, 1980, recorded under Auditor's File No. 8006270680, wherein the State of Washington granted a permanent, non-exclu- sive easement to King County to construct, reconstruct, maintain, repair, improve, use, and operate a recreational foot path over, across, and upon the following property situated in King County: Lots 3 and 4, Block 7, C. D. Hillman's Meadow Gardens Addition to the City of Seattle, Division No. 1, according to the Plat thereof recorded in Volume 12 of Plats, Page 64, records of said county. (South 126th Street to Norfolk Street.) The Grantee, its successors or assigns, agrees that the construction, main- tenance, and use of the foot path will in no way interfere with the recon- struction, maintenance, or operation of the presently existing sewer, furthermore, the Grantee agrees to indemnify the State of Washington against all loss or expense for damages sustained by any person or persons relating to the use of the foot path on the above described property. -9- TE6/TUK.9 71 The City of Tukwila, on acceptance of the delivery of this instrument, does hereby agree to obtain approval of the King County Council for any sale, transfer, or trade of any portion or portions of the lands described herein. This property is —hereby conveyed upon the condition that it shall be used for public park and/or recreational purposes. Upon the breach of this condition, the Grantor or its successor shall have the right to re-enter and take possession of the property and to hold, own, and possess the same in the same manner and to the same extent as if this conveyance had never been made. In the event of the amalgamation of King County and the Grantee, the Grantee may credit itself with only the amount paid King County in the original transaction, plus the actual cost of any improvements constructed thereon. The City of Tukwila does further agree that any and all user fees for athletic fields, or any other recreational facility or program, shall be at the same rate for residents of unincorporated King County as for the residents of the City of Tukwila. DATED this !IRO day of r ApaII-- BY , 19,O . KING COUNTY, WASHINGTON g Coun y Executive STATE OF WASHINGTON ) ) ss COUNTY OF KING ) c._` On this day personally appeared before me 3 cl W Z to me known to be the DESt6?eri0 $.1 al vie County Executive of King County, Washington, the person who signedthe above and foregoing instrument for King County for the uses and purposes therein stated and acknowledged to me that he signed the same as the free and voluntary act and deed of King County and that he was authorized to so sign. GIVEN under my hand and official seal this 3 R0 day of ip pt) TARYPUBLICin ad fo► �.• State of Washington, Ere t,O gl,dist' SielgIr7Lfiri Zi44 /7 19. TE6/TUK.1-10 Page 10 of 10 72 Fil • : or Rd At The Rest uI ��rr y4s-U//. A ce U ii #Cll,d oco Q Gr Q Km County Real Propert ivis�On, MIRRIMW DATE ' / �D Ca a 21,1S13mop, EN. T op' zczak &L_ FOR VALUE "RECEIVED, the undersigned hereby assigns that certain lease dated the 14th day of May 1982, by and between HIGHLINE SCHOOL DISTRICT NO. 401, a municipal corporation of the State of Washington herein called "LESSOR," and KING COUNTY, WASHINGTON, a political subdivision of the State of Washington herein called the "LESSEE," covering those certain premises situate in the City of Tukwila, particularly described and known as CRESTVIEW PARK, and all right, title and interest in and to and under the said lease, to the CITY OF TUKWILA, a political subdivision of the State of Washington herein called the ASSIGNEE, and in consideration of the consent of this assignment by the said LESSOR, the said LESSEE hereby guarantees the performance by said ASSIGNEE of all covenants, conditions, terms, stipulations and agreements in said lease contained, to be performed by the LESSEE thereunder. And in consideration of this assignment and of the consent of said LESSOR, the said ASSIGNEE hereby assumes and agrees to make all payments required under said lease, and to do and perform and be bound by all covenants, conditions, terms, stipulations and agreements in said lease contained, binding upon said LESSEE.' IN WITNESS WHEREOF the parties have subscribed their names as of this J4' day of ,1990. APPAS F puty Prosecuti'• Attorney ASSIGNOR: KING COUNTY, WASHINGTON 1w • r •, ASSIGNEE: C TY OF TUKWILA, WASHINGTON .TS?—.25.5 S_XQLYM..EN T The undersigned LESSOR, above named, hereby consents to the assignment of the above mentioned lease unto the CITY OF TUKWILA upon the expressed conditions contained in said assignment. No further assignment of said lease or subletting of said premises or any part thereof shall be made without the prior written consent of the LESSOR. KING COUNTY is hereby relieved of all liability under the terms of said lease. 74 Dated this /2 day of , 1990 LESSOR: HIGHLINE SCHOOL DISTRICT NO. 401 73 STATE OF WASHINGTON) )ss (HIGHLINE SCHOOL DISTRICT ACKNOWLEDGEMENT) COUNTY OF KING _ ) On this 12_day of , 1990, before me, the undersigned, a�Notary Public in nd f the State of Was 'ngto , duly sommissia Vfl and sworn, persona ly appeared before me �q\�� Highline School District No. 401, the person who signed the above and foregoing instrument for the uses and purposes therein stated and acknowledged to me that he signed the same as the free and voluntary act and deed of Highline School District No. 401 and that he was authorized to so sign. VEN,under my hand and official seal this 17-- day of , 1990. ..... • t: •-', U • o4,7 c: �}t 0gkW?gN9;ON ) COUNTY OF KING to me known to be the Superintendent of NOTARY P BLIC in and fo State of Washipgton. Residing at (KING COUNTY ACKNOWLEDGEMENT) On this day personally appeared before me _ to me known to be the )e.f�,ZZc County Executive of R County, Washington, then whb signed the above and foregoing instrument for King County for the uses and purposes therein stated and acknowledged to me that he signed the same as the free and voluntary act and deed of King County and that he is so authorized to sign. GIVEN under my hand and official seal this o�i� day of , 1990. toe - NOTARY PUBLIC in and for the State of Washin on. Residing at STATE OF WASH I NG1'QNI} )ss (CITY OF TUKWILA ACKNOWLEDGEMENT) COUNTY OF KING ) ersonal l appeared before me On this day p pp S�G1� to me known to be the (12.4_J oeof the City of Tukwila, Washington, the personlho signed the above and foregoing instrument for the City of Tukwila for the uses and purposes therein stated and acknowledged to me that he signed the same as the free and voluntary act and deed of the City of Tukwila and that he was so authorized to sign. GIVEN under my hand a,d official seal this ar5v'R� RY PUBLIC in ate of Washin Residing at day of 74 City of Tukwila Thomas McLeod, Mayor Parks & Recreation Department - Pete Mayer, Director TO: Community Services & Safety Committee FROM: Kris Kelly, Acting Parks & Recreation Director BY: John H Dunn III, Recreation Superintendent CC: Mayor McLeod DATE: August 12, 2024 SUBJECT: Foster Golf Links Roof Replacement Proposed Contract ISSUE The Foster Golf Links Clubhouse roof has reached the end of its expected service life and is in need of replacement. Several quotes have been obtained with the lowest responsive bidder estimating a cost requiring City Council approval before a contract can be signed. Parks and Recreation staff are seeking approval for the mayor to sign the contract with Forever Roofing to replace the roof at the Foster Golf Links Clubhouse. BACKGROUND The roof has reached end of life as the composite shingles are showing exposed cracks and worn down to the fiberglass underlayment. This has caused various leaks in recent years and threatens to cause further damage to the structure if not replaced before the next rainy season. DISCUSSION After recent leak investigations and repairs from roofing contractors, it has come to the point that the roof needs to be replaced. In addition to roofing contractors recommending roof replacement, the insurance carrier for Billy Barroo's Restaurant (The on -site concessionaire at Foster Golf Links) is also requiring a roof replacement to continue coverage of the business. Once the base roof is removed, repairs will be made to any plywood that is damaged and then the new roof will be installed. As the extent of any damage is unknown until the roof is removed, a 3% contingency is built into the contract for plywood repair. FINANCIAL IMPACT This contract is not to exceed $171,000 based on an initial roofing estimate of $149,980 + 3% for plywood repair once shingles are removed + applicable sales tax (10.2%).This will be paid from the Foster Golf Links enterprise fund (Fund 411) and will not impact the General Fund (Fund 000). RECOMMENDATION The Council is being asked to authorize the mayor to sign the contract and consider this item for consent agenda at the August 19, 2024, Regular Meeting. ATTACHMENTS Proposed Contract Appendix A- Proposed Scope of Work 75 76 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 Forever Roofing, hereinafter referred to as "the Contractor," whose principal office is located at 5023 South 144' St., Seattle, WA, 98168. 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 condjs hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performe' •y those services described on Exhibit A attached her fully set forth. In performing such services, the Con State, and local statutes, rules and ordinance applicab handling of any funds used in connection t written approval from the City if the scope or 2. Com • ensation and Method of according to the rate and metho reference. The total amount to 3. Contractor Budget. T maximum limits set f whenever the Contrac 4. Duration of Agreement. September 1, 2024, and endi hereinafter specified. Contractoe Contractor shall perform orporated herein by this reference as if hall at all times comply with all Federal, the performance of such services and the ntractor shall request and obtain prior b modified in any way. ity shall pay the Contractor for services rendered Exh A attached hereto and incorporated herein by this eed $171,000 as described in Exhibit A . apply the funds received under this Agreement within the em- t. The Contractor shall request prior approval from the City mend its budget in any way. Agreement shall be in full force and effect for a period commencing g December 31, 2024, unless sooner terminated under the provisions 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 77 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 co single limit for bodily injury and property damage of $1,000,000 per accident. A obi 'ability insurance shall cover all owned, non -owned, hired and leased vehicles. C rage sha written on Insurance Services Office (ISO) form CA 00 01 or a substitute pr viding e alent liability coverage. If necessary, the policy shall be endorsed to de r ractual liability coverage. 2. Commercial General Liability insuran - ith limi less than $2,000,000 each occurrence, $2,000,000 general aggregate and $ -completed operations aggregate limit. Commercial General Liability ins • - as least at broad as ISO occurrence form CG 00 01 and shall cove-.ility - . from premises, operations, independent contractors, products-com. -.. -rati. stop gap liability, personal injury and advertising injury, and liability assu r . unde n insu . contract. The Commercial General Liability insurance shall be endor' to _ -r project general aggregate limit using ISO form CG 25 03 05 09 or - . -.ui t endorsement. There shall be no exclusion for liability arising from exp ' . , . .ps. underground property damage. The City shall be named as an additio sured u -r th. ontractor's Commercial General Liability insurance policy with respect to . work per med for the City using ISO Additional Insured endorsement CG 20 10 10 01 and - tiona sured-Completed Operations endorsement CG 20 37 10 01 or substitute endorse oviding 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 78 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 required shall constitute a material breach of contract, u business days notice to the Contractor to correct the or, at its discretion, procure or renew such insuranc therewith, with any sums so expended to be repai of the City, offset against funds due the Contra 8. Record KeeDina and Reporting. A. The Contractor shall maintain accounts programmatic records which sufficiently nature expended and services records as may be deemed n B. These records shall be mai permission to destroy them is 40.14 and by the City. ed dp the C ay a ity on City. actor to maintain the insurance as hich the City may, after giving five ediately terminate the contract nd all premiums in connection nd, or at the sole discretion ding personnel, property, financial and flect all direct and indirect costs of any performance of this Agreement and other such ity to ensure the performance of this Agreement. f seven (7) years after termination hereof unless ice of the archivist in accordance with RCW Chapter 9. A • i s and Ins • e d documents with respect to all matters covered by this Agreement shall be s this Agreement. s to inspection, review or audit by law during the performance of 10. Termination. This Agreeme .y 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 79 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, Washingt . The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of ** City signatures to be obtained by ** tractor signature to be obtained by City Clerk's Staff ONLY. ** sponsor staff. ** CITY OF TUKWILA Thomas McLeod, Mayor ATTEST/AUTHENTICATE Andy Youn, City Clerk APPROVED AS TO FORM: Office of the City Attorney CTOR: By: Printed Name: Title: Address: CA Revised May 2020 80 Page 4 of 4 7/17/24, 1:32 PM aHROcHM6Ly9jb21wYW55Y2FtLXBIbmRpbmcuczMuYW1hem9uYXdzLmNvbS82ZDFhYTNjMy01ZGZhLTRiMjAtYTBkOS1iOGU1... Forever Roofing pma��Pwa ��t ER NAME I.ey„x:MGAMPEW.✓.y[ C--7C alert Iv Y LEcA i;1`I/ 'Ot'NErtacuuR CITY SSa,T K1.Tat CCY..E P� F AGREEMENT OR ROOFING SERNCCS Inre f ii Ina o+mm(s1 of the eternises roefitione3 below. fief eby anthorze Fo'eve Roefog (7$ a contractor) t0 hrnlstt all necessary malerlals labor and xorkmanohp to motel. e0nslruct and make ,mpro4er1Mo:s accerd.ng to the fdlavraag aP F=aborts. terms, and eondtieoa, on the }renews oesentied above_ Fareverrooirg.net info@foreverrooling.net OxVRR5 HOWEY/'OME Cl.MER 5 49}=r PI<NE //Il „.... .... ,car 41 i if .totmorihO4-addS __ _ (ntaddihtxtal loyal Sheathing: ❑ Teti 54 No 0 1 2 CDX ❑ON1.6" OSE3 26 gauge drip edge flashing YES ONO 26 gauge ll Hashing YES ONO 26 gauge gutter edge flashing YES ❑ NO 26 gauze valley Clashing YES 0 NO 26 gauge sky light Flashing YES 0 NO 26 page chimney Clashing YEAS ❑ N() 26 gauge cnlulier flashing Y F S 0 NO Roof Venting tilos Vent. VRidgc Vents Replace the following vents ❑ilh`%orl�(J3athnxinl tins Plywood Repair $ S6eCI 4 gl /7' ly gyp/° Cndcrla) mom: 015ib. ❑ Tttanium ti DI. ❑ High temp ice and water shield: ❑\-ES 112 Recovery i iber Road. rigcrpan ❑NO Pipc.'Plumbing Vents: 1 Universal rubber boot 1na1 RnnF Prerla.-te I metal raiser eb-Ite a ms=ula.twn.e;.+%w>n. Si. 100 24 • ❑ 26 ga.: ❑ Si 1750 24 Ca-- ❑ 76 go ❑ CO .0 24 ga.: 0 26 ga.: ❑ ot0r beIe xa>LouK •w`0r Fa'.f ,tip a:k h..c a i5a, uiM.e,l 12-rm,rl n i4Ynrd Um -Slave Specs Underlay mend. ❑ I slb. 0I R-50 ❑ F ibe Hui Id -in gutters and low Hoped area. Lows sloped Products Pip'iPlumhing Vents: ❑ I. 2 Recovery fiber hoard r)ne•Piy Torch I)o ❑ NO YE] ❑ NO ❑ Snia.Mh ❑CnanulAnd lwu-P1y.1or )own ❑ Smr.dh ❑( mi61a1 60 Mil 1 ❑ PVC60 Mil ❑ Sn 11 TI'O ❑ Color. Srai mess Steel Drains 0 ass iJase Sheet rch down 0 [PP GAF i] PVC Sleep Slope Roof Specs Underlay men: ❑ 15Ih. 0301h. 0 Tigerpau'Sy1lt etie Ice and %safer %lucid i`'' YES Roofing nail'.' T:rlt lot Dipped Galfed J Electra Galvanized Ridge cap: ®Standard ❑ E1igh Profile Plumbing vcnrs:❑S:one Coated ❑Lead❑Neoprene la-Catllk sipstnped products Cle c'.7u.� i Oaan. E+_ �-:c♦�P:�rn Ir:u Prmirhaniat ❑ Coror: Pnvdcntiat T L ❑ Other ]'.,tali due•Lstrees'❑Y1,,5 NO tuwzAI cvaz•r ❑YES NO l kb,:S,1 n%. ❑VIN \U Install rarcu Boarec.❑YEN NO Seluxl-barb Kils: ❑]'ES NO RcpW%e di!hg,hrs: 011-.-; NO inglabee iarolaliree lCcr e.•.em ❑ %T" 0,11 Ia:hn - nlcxa , ❑S'lti ©W CEFi-AEUPAY• •'N:leVX ay ec•.n.,e. fr•� Ptr mYnb ,. cw+eYU M on aar+meaai PERCENTAGE WI •am,N,Cna.')q Customer agreed Forever Roofing to park their trucks and trailers in driveway. Nut respdnsibte bar any damage. Warrants: ❑ I Year ❑ 3 Year fi5 Year MO Year Notes .1nr rempleim uribForeaa RmrK.,..i!leauE all dein, to rFx p:..c. r l,,.: }tgi WE OFFER FINANCING fl o APR Cash Credit Card Check (All checks made payable to Forever Roefingi ACC P1ar4D eervecss • Go -,gle • Pesex.' 0YS.rs x41 ON 00 f19.0rtad,l ahy reg.: baled preel. awns., ns rA p-ad M 4s. e � .. a 'LtiC, tr.,R. W Nlr be biked and /bar pad oor-err0f ack.da arrr m0000&0 v.MR, go0a111.. Tyne end Joy Ind of No vfpire MdI1M1Nr are orsosn6 Of 4Pr4Rr ROafaxt Roof Pricer S %4 Y Extras: S Discounts*: S Sacs Tas - 10%: S _. _ .... . Grand Twat 5 Deposit % $ �. Due Upon Complefimia•: _ _ S S +r,wiy MWrra�N lalo,rNtYin.,e. KWr9 .14.9pmead Vt. war corp.*rra0Ma9Fornire 0t-a wrc oF Wi/, J<ormx. fr p rM orcnp. emu. h s.e mr a rAuto.o, �.v. v.ie: Nq,r r-marowa.s..ra raa,.va...nx•N..waa o mM M-aw -W.A... ar�rxraay •�.raanYtry ;: �ti`.vi.rM w.rrraaA MN e»'.Lob•'O,rr•-W.a LWw6aaNsa flay. to. T':. t.aa �N eh}iawun Mr.tm Mo/:'.VgHtlI..FVJ E..aw bar `• 'rAair.4, . �•� �,rh e,M>a w.1 wwy fee r� e I.re•eaca:...+.J,W,w.w ren•M. w »+rive hot. eon.. rue tlrmM . r.t.le. y. O.r < YMrawW ame 'dN VOc.0 il.. • 7-'.'f .044 w+1K/h A ayewr air i ,curare h..,.. at ra s.aM.M,rnr...a t. ray t.ai m...c. mood. gan,ra.awa Late Parwenr- o- ewraner's.1. ey e:^ ♦ororcci Resoling M'dae. -,a Msa.a.•arerfm.wll4/Mn..r t %-today 20.30 auy• PRICES IN THIS 4 R/f 3040 dons 20% OSA ARE GOOD FOR ._ DAYS 0 w:rr N:rmw a•a.r+#a 5023 South 1441h Street Seattle, WA 98168 9rw. For ev e n oot i ng, n e t Ooor 90 4o10 15 ti (206)261-3683 irde@fareverroofing.net Coe 81 https://static. cornpanycam.com/lambda/projects1601558301photosla H ROcHM6Ly9jb21 wYW55Y2FtLXBIbmRpbmcuczMuYW 1 hem9uYXdzLmNvbS82Z... 1/1 82 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Community Services and Safety Committee FROM: Chief Eric Dreyer BY: Deputy Chief Eric Lund CC: Thomas McLeod DATE: 8/6/24 SUBJECT: Update on Automated Traffic Safety Cameras in Park Zones ISSUE The police department partners with Novoaglobal with the installation and operation of Automated Traffic Safety Cameras (ATSC). Washington State law was updated in 2023 which allows for speed detection cameras in park zones. The city is in the process of installing an additional ATSC near Codiga Park, 12535 50th PI. S. BACKGROUND Automated Traffic Safety Cameras were first installed in 2021 on S. 144th St. in the school zone near Showalter Middle School and Foster High School. Washington State law was updated in 2023 to allow for ATSC's near parks and hospitals. Speeding vehicles can be dangerous near parks where there is a greater concentration of pedestrians walking near the park. There have also been numerous complaints about speeding vehicles in this area. In a 5-day speed data gathering study completed by the City in August 2021 (attached), the data showed that 57% of the vehicles measured were traveling between 31-40MPH, and 13% of the vehicles were traveling between 41-50MPH. The speed limit near Codiga Park is 25MPH. The data shows that compliance with the posted speed limit is clearly significantly less than expected. DISCUSSION The ATSC at Codiga Park is close to being operational. At the time of this memorandum being written, the final steps in the permitting process are just about complete. The ATSC will initially be solar powered, and eventually be connected to power. Once the camera is operational, warnings will be issued to all speeding vehicles before infractions start being issued. The Police Department will promote safe driving by pushing out information on this new ATSC location on social media. The Traffic Unit has also increased speed enforcement in the Allentown neighborhood as well. The city is also in the process of updating TMC to reflect the changes to state law. A draft ordinance will go through the usual legislative process. FINANCIAL IMPACT Based on the number of speeding vehicles at this location, the police department expects this device to be cost neutral and will potentially be a revenue source. Cost estimates are shown in Exhibit D of Contract 20-087 (Attached). 83 INFORMATIONAL MEMO Page 2 RECOMMENDATION Information Only. ATTACHMENTS 50th Place S at Codiga Park Speed Data 2021 Contract 20-087 — Novoaglobal, Inc. 84 https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/CC Docs/Final agendas/08-12-24 CSS/Automated Traffic Safety Cameras/Informational Memorandum (Info Memo).docx NB ALL TRAFFIC DATA SERVICES www.al Itrafficdata. net Page 1 Date Start: 24-Aug-21 Site Code: 28619 Station ID: 50th Place S at Codiga Park Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 85th 95th Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Percent Percent 08/24/21 0 2 3 10 20 8 2 0 0 0 0 0 0 0 45 37 39 01:00 0 0 1 7 15 6 0 1 0 0 0 0 0 0 30 37 39 02:00 0 0 8 4 8 2 0 0 0 0 0 0 0 0 22 34 37 03:00 0 0 0 7 6 5 1 1 0 0 0 0 0 0 20 39 45 04:00 0 1 3 11 15 6 4 0 0 0 0 0 0 0 40 38 42 05:00 0 0 5 21 23 10 3 1 0 0 0 0 0 0 63 37 41 06:00 0 0 2 21 29 21 3 0 0 0 0 0 0 0 76 37 39 07:00 3 0 11 31 38 20 4 1 0 0 0 0 0 0 108 37 39 08:00 3 0 13 38 68 27 2 1 0 0 0 0 0 0 152 36 39 09:00 3 0 20 48 53 24 1 0 0 0 0 0 0 0 149 35 38 10:00 3 0 9 52 56 30 3 0 0 0 0 0 0 0 153 36 39 11:00 4 0 8 49 90 23 3 2 0 0 0 0 0 0 179 35 39 12 PM 4 2 18 57 80 28 6 0 1 1 0 0 0 0 197 36 39 13:00 9 0 20 64 96 30 6 0 0 0 0 0 0 0 225 35 39 14:00 8 0 6 65 131 46 5 0 0 0 0 0 0 0 261 36 39 15:00 11 2 13 77 115 43 6 0 0 0 0 0 0 0 267 36 39 16:00 9 1 17 89 132 37 9 0 0 0 0 0 0 0 294 35 39 17:00 6 1 16 83 134 47 6 1 0 0 0 0 0 0 294 36 39 18:00 7 0 13 54 111 40 7 2 0 0 0 0 0 0 234 36 39 19:00 4 1 11 57 94 39 8 0 0 0 0 0 0 0 214 36 39 20:00 2 1 10 42 66 33 3 1 1 0 0 0 0 0 159 37 39 21:00 1 2 13 29 47 25 5 2 0 0 0 0 0 0 124 37 40 22:00 0 3 3 40 41 12 3 0 0 0 0 0 0 0 102 34 39 23:00 2 1 9 11 25 18 3 0 0 0 0 0 0 0 69 37 39 Total 79 17 232 967 1493 580 93 13 2 1 0 0 0 0 3477 Percent 2.3% 0.5% 6.7% 27.8% 42.9% 16.7% 2.7% 0.4% 0.1 % 0.0% 0.0% 0.0% 0.0% 0.0% AM Peak 11:00 00:00 09:00 10:00 11:00 10:00 04:00 11:00 11:00 Vol. 4 2 20 52 90 30 4 2 179 PM Peak 15:00 22:00 13:00 16:00 17:00 17:00 16:00 18:00 12:00 12:00 16:00 Vol. 11 3 20 89 134 47 9 2 1 1 294 ALL TRAFFIC DATA SERVICES www.al Itrafficdata. net Page 2 Date Start: 24-Aug-21 Site Code: 28619 Station ID: 50th Place S at Codiga Park NB Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 85th 95th Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Percent Percent 08/25/21 0 0 2 9 13 6 1 1 0 0 0 0 0 0 32 37 42 01:00 0 1 1 8 13 8 3 0 0 0 0 0 0 0 34 38 42 02:00 0 2 3 9 10 5 4 0 0 0 0 0 0 0 33 39 42 03:00 1 0 2 8 12 4 2 1 0 0 0 0 0 0 30 38 43 04:00 1 0 1 7 20 7 3 0 0 0 0 0 0 0 39 37 41 05:00 0 0 2 18 24 18 0 1 0 0 0 0 0 0 63 37 39 06:00 3 2 3 24 26 30 4 0 0 0 0 0 0 0 92 38 39 07:00 7 1 3 25 65 16 7 2 1 0 0 0 0 0 127 37 42 08:00 3 1 9 40 79 19 7 1 0 0 0 0 0 0 159 35 40 09:00 5 2 10 45 62 22 5 1 0 0 0 0 0 0 152 36 39 10:00 1 4 8 35 64 22 3 0 0 1 0 0 0 0 138 36 39 11:00 5 16 17 37 81 25 3 0 0 0 0 0 0 0 184 35 38 12 PM 4 3 11 49 86 29 4 1 1 0 0 0 0 0 188 36 39 13:00 6 2 19 63 92 49 1 0 0 0 0 0 0 0 232 36 38 14:00 10 0 15 62 88 43 10 1 0 0 0 0 0 0 229 37 39 15:00 3 0 9 57 130 45 6 0 0 0 0 0 0 0 250 36 39 16:00 11 1 12 69 131 55 3 0 0 0 0 0 0 0 282 36 38 17:00 9 3 17 76 143 55 3 0 0 0 0 0 0 0 306 36 38 18:00 8 1 10 54 100 48 7 3 0 0 0 0 0 0 231 37 39 19:00 6 1 8 44 95 36 3 0 0 0 0 0 0 0 193 36 39 20:00 2 0 10 50 79 27 3 0 1 0 0 0 0 0 172 35 39 21:00 1 0 5 35 72 21 4 0 0 0 0 0 0 0 138 36 39 22:00 1 1 3 23 55 26 2 0 1 0 0 0 0 0 112 37 39 23:00 0 0 7 13 23 13 4 1 0 0 0 0 0 0 61 38 42 Total 87 41 187 860 1563 629 92 13 4 1 0 0 0 0 3477 Percent 2.5% 1.2% 5.4% 24.7% 45.0% 18.1 % 2.6% 0.4% 0.1 % 0.0% 0.0% 0.0% 0.0% 0.0% AM Peak 07:00 11:00 11:00 09:00 11:00 06:00 07:00 07:00 07:00 10:00 11:00 Vol. 7 16 17 45 81 30 7 2 1 1 184 PM Peak 16:00 12:00 13:00 17:00 17:00 16:00 14:00 18:00 12:00 17:00 Vol. 11 3 19 76 143 55 10 3 1 306 ALL TRAFFIC DATA SERVICES www.al Itrafficdata. net Page 3 Date Start: 24-Aug-21 Site Code: 28619 Station ID: 50th Place S at Codiga Park NB Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 85th 95th Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Percent Percent 08/26/21 0 0 4 10 18 8 1 0 0 0 0 0 0 0 41 36 39 01:00 1 0 5 9 16 7 0 0 0 0 0 0 0 0 38 35 38 02:00 2 0 2 10 11 5 1 0 0 0 0 0 0 0 31 36 39 03:00 0 0 2 2 4 5 2 0 0 0 0 0 0 0 15 39 43 04:00 0 0 2 12 16 8 0 1 0 0 0 0 0 0 39 36 39 05:00 0 0 5 23 29 11 2 1 0 0 0 0 0 0 71 36 39 06:00 0 0 3 15 37 19 11 1 0 0 0 0 0 0 86 39 43 07:00 3 4 15 39 60 22 6 0 0 1 0 0 0 0 150 36 39 08:00 4 1 4 36 58 32 3 1 0 0 0 0 0 0 139 37 39 09:00 7 4 10 47 52 21 1 0 0 0 0 0 0 0 142 35 38 10:00 7 2 9 58 68 15 3 0 0 0 0 0 0 0 162 34 38 11:00 10 2 15 49 73 26 6 1 0 0 0 0 0 0 182 36 39 12 PM 4 5 16 59 100 31 2 0 0 0 0 0 0 0 217 35 38 13:00 9 4 10 57 96 29 5 0 0 0 0 0 0 0 210 35 39 14:00 11 1 22 70 120 30 2 1 0 0 0 0 0 0 257 34 38 15:00 16 2 18 63 125 34 4 0 0 0 0 0 0 0 262 34 38 16:00 13 1 11 75 155 46 3 1 0 0 0 0 0 0 305 35 38 17:00 10 0 9 65 134 58 12 1 0 0 0 0 0 0 289 37 39 18:00 2 0 14 60 102 41 3 1 1 0 0 0 0 0 224 36 39 19:00 5 0 2 57 93 31 8 3 0 0 0 0 0 0 199 36 40 20:00 4 0 3 52 80 27 5 0 0 0 0 0 0 0 171 36 39 21:00 3 0 14 45 52 15 4 0 0 0 0 0 0 0 133 34 39 22:00 0 2 6 30 42 18 1 0 0 0 0 0 0 0 99 36 38 23:00 1 1 6 12 23 21 8 0 0 0 0 0 0 0 72 39 42 Total 112 29 207 955 1564 560 93 12 1 1 0 0 0 0 3534 Percent 3.2% 0.8% 5.9% 27.0% 44.3% 15.8% 2.6% 0.3% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% AM Peak 11:00 07:00 07:00 10:00 11:00 08:00 06:00 04:00 07:00 11:00 Vol. 10 4 15 58 73 32 11 1 1 182 PM Peak 15:00 12:00 14:00 16:00 16:00 17:00 17:00 19:00 18:00 16:00 Vol. 16 5 22 75 155 58 12 3 1 305 ALL TRAFFIC DATA SERVICES www.al Itrafficdata. net Page 4 Date Start: 24-Aug-21 Site Code: 28619 Station ID: 50th Place S at Codiga Park NB Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 85th 95th Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Percent Percent 08/27/21 0 0 1 8 19 11 4 2 1 0 0 0 0 0 46 40 46 01:00 0 0 6 7 17 8 2 1 0 0 0 0 0 0 41 38 42 02:00 1 4 6 2 13 10 2 1 0 0 0 0 0 0 39 38 42 03:00 0 0 2 3 4 6 0 0 0 0 1 0 0 0 16 38 60 04:00 0 0 2 14 10 3 3 0 0 0 0 0 0 0 32 37 42 05:00 0 1 4 25 18 6 1 0 0 0 0 0 0 0 55 34 38 06:00 3 3 10 19 22 17 2 0 0 0 0 0 0 0 76 37 39 07:00 7 2 13 34 43 21 3 1 0 0 0 0 0 0 124 36 39 08:00 5 0 4 35 52 19 2 1 0 0 0 0 0 0 118 36 39 09:00 2 1 14 42 65 19 4 1 0 0 0 0 0 0 148 35 39 10:00 1 3 3 43 72 34 3 1 0 0 0 0 0 0 160 37 39 11:00 15 5 12 73 58 22 5 1 0 1 0 0 0 0 192 35 39 12 PM 13 0 21 81 76 26 5 0 0 0 0 0 0 0 222 34 38 13:00 4 0 12 72 105 27 5 1 0 0 0 0 0 0 226 34 39 14:00 16 0 3 79 137 47 7 0 0 0 0 0 0 0 289 36 39 15:00 10 4 11 62 142 49 4 0 0 0 0 0 0 0 282 36 38 16:00 6 2 14 82 158 54 1 0 0 0 0 0 0 0 317 35 38 17:00 8 3 18 128 148 36 7 0 0 0 0 0 0 0 348 34 38 18:00 13 3 6 69 122 47 2 0 0 0 0 0 0 0 262 36 38 19:00 7 3 3 63 100 41 8 0 1 0 0 0 0 0 226 36 39 20:00 6 1 6 52 75 33 6 1 0 0 0 0 0 0 180 36 39 21:00 0 0 4 51 60 22 4 0 0 0 0 0 0 0 141 36 39 22:00 0 4 5 37 60 17 6 1 0 0 0 0 0 0 130 36 40 23:00 1 0 4 19 30 18 1 0 0 0 0 0 0 0 73 37 39 Total 118 39 184 1100 1606 593 87 12 2 1 1 0 0 0 3743 Percent 3.2% 1.0% 4.9% 29.4% 42.9% 15.8% 2.3% 0.3% 0.1% 0.0% 0.0% 0.0% 0.0% 0.0% AM Peak 11:00 11:00 09:00 11:00 10:00 10:00 11:00 00:00 00:00 11:00 03:00 11:00 Vol. 15 5 14 73 72 34 5 2 1 1 1 192 PM Peak 14:00 15:00 12:00 17:00 16:00 16:00 19:00 13:00 19:00 17:00 Vol. 16 4 21 128 158 54 8 1 1 348 ALL TRAFFIC DATA SERVICES www.al Itrafficdata. net Page 5 Date Start: 24-Aug-21 Site Code: 28619 Station ID: 50th Place S at Codiga Park NB Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 85th 95th Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Percent Percent 08/28/21 1 0 2 18 20 12 1 0 0 0 0 0 0 0 54 37 39 01:00 0 0 5 10 23 14 3 1 0 0 0 0 0 0 56 38 42 02:00 2 1 6 5 17 5 3 0 0 0 0 0 0 0 39 37 41 03:00 0 0 0 4 5 13 0 0 1 0 0 0 0 0 23 39 39 04:00 2 0 2 7 12 10 1 0 0 0 0 0 0 0 34 37 39 05:00 1 0 2 8 12 14 2 1 0 0 0 0 0 0 40 38 42 06:00 0 3 3 12 21 10 4 0 0 0 0 0 0 0 53 38 41 07:00 3 0 3 11 28 16 3 0 0 0 0 0 0 0 64 37 39 08:00 1 0 4 18 32 24 7 0 0 0 0 0 0 0 86 38 41 09:00 0 2 2 25 67 28 3 0 0 0 0 0 0 0 127 37 39 10:00 5 1 4 36 59 33 7 0 0 0 0 0 0 0 145 37 39 11:00 8 0 2 46 78 43 3 0 0 0 0 0 0 0 180 37 39 12 PM 8 1 14 64 89 34 8 0 0 0 0 0 0 0 218 36 39 13:00 5 0 5 43 88 44 6 1 0 0 0 0 0 0 192 37 39 14:00 11 22 49 45 76 38 4 0 0 0 0 0 0 0 245 35 38 15:00 20 17 32 54 66 32 5 0 0 0 0 0 0 0 226 35 39 16:00 4 3 7 58 95 33 7 2 0 0 0 0 0 0 209 36 39 17:00 7 2 13 52 104 21 3 0 0 0 0 0 0 0 202 34 38 18:00 6 0 12 48 87 40 9 3 0 0 0 0 0 0 205 37 40 19:00 5 2 8 39 88 42 7 0 0 0 0 0 0 0 191 37 39 20:00 0 4 8 49 87 36 3 0 0 0 0 0 0 0 187 36 39 21:00 1 0 6 42 66 17 1 1 0 0 0 0 0 0 134 34 38 22:00 2 0 4 33 56 19 6 0 0 0 0 0 0 0 120 36 39 23:00 2 1 5 22 40 19 9 3 0 0 0 0 0 0 101 39 43 Total 94 59 198 749 1316 597 105 12 1 0 0 0 0 0 3131 Percent 3.0% 1.9% 6.3% 23.9% 42.0% 19.1% 3.4% 0.4% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% AM Peak 11:00 06:00 02:00 11:00 11:00 11:00 08:00 01:00 03:00 11:00 Vol. 8 3 6 46 78 43 7 1 1 180 PM Peak 15:00 14:00 14:00 12:00 17:00 13:00 18:00 18:00 14:00 Vol. 20 22 49 64 104 44 9 3 245 ALL TRAFFIC DATA SERVICES www.al Itrafficdata. net Page 6 Date Start: 24-Aug-21 Site Code: 28619 Station ID: 50th Place S at Codiga Park NB Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 85th 95th Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Percent Percent 08/29/21 0 0 0 15 28 11 2 1 0 0 0 0 0 0 57 37 40 01:00 0 0 2 12 16 9 4 0 0 0 0 0 0 0 43 38 42 02:00 2 0 1 7 19 2 3 0 0 0 0 0 0 0 34 34 42 03:00 0 0 1 9 10 5 2 1 0 0 0 0 0 0 28 38 44 04:00 2 0 0 4 5 5 1 1 0 0 0 0 0 0 18 39 45 05:00 1 1 1 5 13 5 3 0 0 0 0 0 0 0 29 38 42 06:00 0 0 3 10 20 9 1 0 0 0 0 0 0 0 43 36 39 07:00 1 0 3 7 24 10 2 2 0 0 0 0 0 0 49 38 43 08:00 0 0 2 19 30 20 2 0 0 0 0 0 0 0 73 37 39 09:00 1 0 0 38 44 23 6 0 0 0 0 0 0 0 112 37 40 10:00 1 1 1 23 46 34 3 0 0 0 0 0 0 0 109 38 39 11:00 1 0 2 32 79 39 7 0 0 0 0 0 0 0 160 37 39 12 PM 1 0 6 43 75 31 4 0 0 0 0 0 0 0 160 36 39 13:00 3 1 3 45 97 50 9 1 0 0 0 0 0 0 209 37 39 14:00 10 2 9 53 73 33 5 0 0 0 0 0 0 0 185 36 39 15:00 5 0 11 45 98 34 5 0 0 0 0 0 0 0 198 36 39 16:00 7 0 8 39 95 42 2 1 0 0 0 0 0 0 194 36 39 17:00 1 1 3 43 93 30 9 0 0 0 0 0 0 0 180 37 40 18:00 7 1 10 53 88 23 8 1 0 0 0 0 0 0 191 35 39 19:00 2 0 2 46 71 37 6 0 1 1 0 0 0 0 166 37 39 20:00 7 1 13 51 62 22 3 0 0 0 0 0 0 0 159 35 38 21:00 0 0 8 35 48 33 6 0 0 0 0 0 0 0 130 37 39 22:00 2 0 5 30 50 20 4 0 0 0 0 0 0 0 111 36 39 23:00 0 0 1 11 34 15 5 1 1 1 0 0 0 0 69 39 44 Total 54 8 95 675 1218 542 102 9 2 2 0 0 0 0 2707 Percent 2.0% 0.3% 3.5% 24.9% 45.0% 20.0% 3.8% 0.3% 0.1% 0.1% 0.0% 0.0% 0.0% 0.0% AM Peak 02:00 05:00 06:00 09:00 11:00 11:00 11:00 07:00 11:00 Vol. 2 1 3 38 79 39 7 2 160 PM Peak 14:00 14:00 20:00 14:00 15:00 13:00 13:00 13:00 19:00 19:00 13:00 Vol. 10 2 13 53 98 50 9 1 1 1 209 NB ALL TRAFFIC DATA SERVICES www.al Itrafficdata. net Page 7 Date Start: 24-Aug-21 Site Code: 28619 Station ID: 50th Place S at Codiga Park Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 85th 95th Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Percent Percent 08/30/21 1 0 3 12 17 9 3 0 0 0 0 0 0 0 45 37 41 01:00 0 0 2 12 15 0 2 0 0 0 0 0 0 0 31 34 41 02:00 3 0 1 4 5 9 1 1 0 0 0 0 0 0 24 39 44 03:00 0 1 3 1 8 2 1 0 0 0 0 0 0 0 16 36 40 04:00 0 0 0 5 17 6 4 0 0 0 0 0 0 0 32 39 42 05:00 2 1 7 13 25 12 2 0 0 0 0 0 0 0 62 36 39 06:00 4 0 6 28 32 16 5 1 0 0 0 0 0 0 92 37 41 07:00 0 0 2 33 48 23 4 1 0 0 0 0 0 0 111 37 39 08:00 2 2 7 35 54 28 7 0 0 0 0 0 0 0 135 37 40 09:00 4 3 12 43 43 17 4 1 0 0 0 0 0 0 127 35 39 10:00 5 0 7 54 64 12 6 0 0 0 0 0 0 0 148 34 39 11:00 7 8 11 63 69 18 4 1 0 0 0 0 0 0 181 34 38 12 PM 4 3 20 48 80 23 6 0 0 0 0 0 0 0 184 35 39 13:00 1 3 4 42 103 26 5 0 0 0 0 0 0 0 184 35 39 14:00 10 0 13 60 114 47 4 0 0 0 0 0 0 0 248 36 39 15:00 8 2 8 60 130 53 7 0 0 0 0 0 0 0 268 36 39 16:00 9 1 5 81 177 57 1 0 0 0 0 0 0 0 331 35 38 17:00 6 6 19 90 123 47 3 2 0 0 0 0 0 0 296 35 38 18:00 3 0 7 39 103 64 9 1 1 1 0 0 0 0 228 38 40 19:00 3 0 4 51 83 35 2 0 1 0 0 0 0 0 179 36 39 20:00 2 3 14 42 73 20 0 0 0 0 0 0 0 0 154 34 38 21:00 2 0 5 29 62 27 3 1 0 0 0 0 0 0 129 37 39 22:00 1 0 7 28 42 23 6 1 0 0 0 0 0 0 108 37 41 23:00 2 0 3 14 14 14 7 1 0 0 0 0 0 0 55 39 43 Total 79 33 170 887 1501 588 96 11 2 1 0 0 0 0 3368 Percent 2.3% 1.0% 5.0% 26.3% 44.6% 17.5% 2.9% 0.3% 0.1% 0.0°A, 0.0% 0.0% 0.0% 0.0% AM Peak 11:00 11:00 09:00 11:00 11:00 08:00 08:00 02:00 11:00 Vol. 7 8 12 63 69 28 7 1 181 PM Peak 14:00 17:00 12:00 17:00 16:00 18:00 18:00 17:00 18:00 18:00 16:00 Vol. 10 6 20 90 177 64 9 2 1 1 331 Grand 623 226 1273 6193 10261 4089 668 82 14 7 1 0 0 0 23437 Total Percent 2.7% 1.0% 5.4% 26.4% 43.8% 17.4% 2.9% 0.3% 0.1 % 0.0% 0.0% 0.0% 0.0% 0.0% 15th Percentile : 26 MPH 50th Percentile : 31 MPH 85th Percentile : 36 MPH 95th Percentile : 39 MPH Statistics 10 MPH Pace Speed : Number in Pace : Percent in Pace : Number of Vehicles > 45 MPH : Percent of Vehicles > 45 MPH : Mean Speed(Average) : 26-35 MPH 16454 70.2% 104 0.4% 32 MPH ALL TRAFFIC DATA SERVICES www.al Itrafficdata. net Page 8 Date Start: 24-Aug-21 Site Code: 28619 Station ID: 50th Place S at Codiga Park SB Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 85th 95th Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Percent Percent 08/24/21 0 3 0 6 13 11 3 1 0 0 0 0 0 0 37 39 43 01:00 2 2 3 3 12 3 1 0 0 0 0 0 0 0 26 35 39 02:00 3 1 0 1 2 8 0 3 1 0 0 0 0 0 19 46 50 03:00 0 2 2 1 6 5 3 0 0 0 0 0 0 0 19 40 43 04:00 1 0 3 6 7 9 3 3 1 0 0 0 0 0 33 43 48 05:00 1 3 3 9 25 12 10 7 0 0 0 0 0 0 70 43 47 06:00 2 6 4 20 31 21 9 5 0 0 0 0 0 0 98 39 45 07:00 0 5 8 32 46 27 13 1 0 0 0 0 0 0 132 38 42 08:00 3 2 7 20 38 50 15 8 3 0 0 0 0 0 146 41 47 09:00 4 1 8 26 48 48 16 4 1 0 0 0 0 0 156 39 44 10:00 9 3 4 39 28 29 18 2 0 0 0 0 0 0 132 40 43 11:00 9 2 8 36 53 46 12 2 0 2 0 0 0 0 170 38 43 12 PM 4 10 11 28 58 42 19 4 1 0 0 0 0 0 177 39 43 13:00 11 5 16 47 68 46 23 4 1 0 0 0 0 0 221 39 43 14:00 12 6 16 40 60 51 16 12 0 0 0 0 0 0 213 39 45 15:00 9 13 14 48 67 44 15 6 0 0 0 0 0 0 216 38 43 16:00 6 1 4 55 85 49 18 3 0 0 0 0 0 0 221 38 42 17:00 7 6 26 49 78 52 20 3 0 0 0 0 0 0 241 38 42 18:00 10 2 14 28 66 44 21 4 0 0 0 0 0 0 189 39 43 19:00 7 8 10 43 53 51 11 3 1 0 0 0 0 0 187 38 42 20:00 2 2 2 22 40 37 13 3 0 1 0 0 0 0 122 39 44 21:00 1 0 0 22 39 28 16 4 3 2 0 0 0 0 115 42 49 22:00 4 4 5 19 19 14 13 3 0 0 0 0 0 0 81 41 44 23:00 0 0 4 11 17 11 9 3 2 0 0 0 0 0 57 43 48 Total 107 87 172 611 959 738 297 88 14 5 0 0 0 0 3078 Percent 3.5% 2.8% 5.6% 19.9% 31.2% 24.0% 9.6% 2.9% 0.5% 0.2% 0.0% 0.0% 0.0% 0.0% AM Peak 10:00 06:00 07:00 10:00 11:00 08:00 10:00 08:00 08:00 11:00 11:00 Vol. 9 6 8 39 53 50 18 8 3 2 170 PM Peak 14:00 15:00 17:00 16:00 16:00 17:00 13:00 14:00 21:00 21:00 17:00 Vol. 12 13 26 55 85 52 23 12 3 2 241 ALL TRAFFIC DATA SERVICES www.al Itrafficdata. net Page 9 Date Start: 24-Aug-21 Site Code: 28619 Station ID: 50th Place S at Codiga Park SB Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 85th 95th Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Percent Percent 08/25/21 0 2 1 9 13 15 9 0 0 1 0 0 0 0 50 41 44 01:00 1 0 2 3 3 7 1 0 1 0 0 1 0 0 19 40 65 02:00 0 1 1 4 9 5 3 1 0 0 0 0 0 0 24 40 44 03:00 0 1 0 5 8 7 2 1 2 0 0 0 0 0 26 42 51 04:00 2 2 4 6 7 9 7 0 1 0 0 0 0 0 38 41 44 05:00 0 3 7 27 20 18 9 5 0 0 0 0 0 0 89 40 45 06:00 3 4 8 14 34 29 20 1 1 0 0 0 0 0 114 41 44 07:00 3 3 8 23 33 44 20 6 0 1 0 0 0 0 141 41 44 08:00 4 2 11 30 31 49 10 2 2 0 0 0 0 0 141 39 43 09:00 5 5 10 25 44 49 19 4 0 0 0 0 0 0 161 39 43 10:00 3 9 7 30 60 36 15 5 1 0 0 0 0 0 166 39 44 11:00 7 2 7 33 56 44 15 5 2 0 0 0 0 0 171 39 44 12 PM 6 1 9 33 71 46 21 4 1 0 0 0 0 0 192 39 43 13:00 5 5 13 38 68 50 13 3 0 0 0 0 0 0 195 38 42 14:00 11 6 14 45 77 64 20 4 0 0 0 0 0 0 241 39 42 15:00 4 2 14 38 88 61 19 4 1 0 0 0 0 0 231 39 43 16:00 7 4 3 30 92 68 21 5 2 0 0 0 0 0 232 39 43 17:00 10 3 15 28 91 78 23 6 0 0 0 0 0 0 254 39 43 18:00 5 2 10 32 75 73 15 4 0 0 0 0 0 0 216 39 42 19:00 7 1 4 20 46 44 25 6 3 0 0 0 0 0 156 42 46 20:00 3 2 5 28 52 40 16 4 0 0 0 0 0 0 150 39 43 21:00 0 2 2 17 42 34 20 1 0 0 0 0 0 0 118 40 43 22:00 0 0 8 11 22 26 9 2 1 0 0 0 0 0 79 40 44 23:00 1 3 8 7 19 25 12 1 1 0 0 0 0 0 77 41 44 Total 87 65 171 536 1061 921 344 74 19 2 0 1 0 0 3281 Percent 2.7% 2.0% 5.2% 16.3% 32.3% 28.1% 10.5% 2.3% 0.6% 0.1% 0.0% 0.0% 0.0% 0.0% AM Peak 11:00 10:00 08:00 11:00 10:00 08:00 06:00 07:00 03:00 00:00 01:00 11:00 Vol. 7 9 11 33 60 49 20 6 2 1 1 171 PM Peak 14:00 14:00 17:00 14:00 16:00 17:00 19:00 17:00 19:00 17:00 Vol. 11 6 15 45 92 78 25 6 3 254 ALL TRAFFIC DATA SERVICES www.al Itrafficdata. net Page 10 Date Start: 24-Aug-21 Site Code: 28619 Station ID: 50th Place S at Codiga Park SB Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 85th 95th Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Percent Percent 08/26/21 2 1 1 5 8 9 6 2 0 0 0 0 0 0 34 42 45 01:00 0 2 0 3 9 0 1 3 1 0 0 0 0 0 19 46 50 02:00 0 0 0 1 4 4 2 1 0 0 1 0 0 0 13 45 61 03:00 0 0 1 1 3 8 2 0 0 0 0 0 0 0 15 39 43 04:00 0 0 2 0 6 9 4 0 0 0 0 0 0 0 21 41 43 05:00 0 4 6 20 15 14 7 1 0 0 0 0 0 0 67 39 43 06:00 2 2 4 16 37 28 16 5 0 0 0 0 0 0 110 41 44 07:00 6 5 9 43 39 38 22 2 0 0 0 0 0 0 164 39 43 08:00 5 3 7 33 61 38 11 2 3 0 0 0 0 0 163 38 43 09:00 5 7 6 22 60 33 17 4 2 0 0 0 0 0 156 39 44 10:00 7 2 9 34 53 33 12 1 2 0 0 0 0 0 153 38 43 11:00 10 4 12 32 52 39 15 1 0 0 0 0 0 0 165 38 42 12 PM 11 6 8 37 41 45 26 5 0 0 0 0 0 0 179 40 44 13:00 10 3 14 37 64 47 14 6 3 0 0 0 0 0 198 39 44 14:00 13 9 13 48 56 64 19 5 2 0 0 0 0 0 229 39 43 15:00 11 0 15 60 76 52 21 2 1 0 0 0 0 0 238 38 42 16:00 16 6 15 43 50 72 28 2 0 1 0 0 0 0 233 39 43 17:00 7 8 8 40 79 82 24 6 0 0 0 0 0 0 254 39 43 18:00 4 5 12 28 61 52 16 1 1 0 0 0 0 0 180 39 42 19:00 3 1 4 30 50 41 20 10 2 0 1 0 0 0 162 42 47 20:00 10 1 4 29 57 38 13 2 1 0 0 0 0 0 155 39 43 21:00 2 3 7 15 35 34 13 1 0 0 0 0 0 0 110 39 43 22:00 1 1 3 19 27 19 9 4 0 0 0 0 0 0 83 40 44 23:00 1 2 3 10 23 18 14 2 0 0 0 0 0 0 73 41 44 Total 126 75 163 606 966 817 332 68 18 1 2 0 0 0 3174 Percent 4.0% 2.4% 5.1% 19.1% 30.4% 25.7% 10.5% 2.1% 0.6% 0.0% 0.1 % 0.0% 0.0% 0.0% AM Peak 11:00 09:00 11:00 07:00 08:00 11:00 07:00 06:00 08:00 02:00 11:00 Vol. 10 7 12 43 61 39 22 5 3 1 165 PM Peak 16:00 14:00 15:00 15:00 17:00 17:00 16:00 19:00 13:00 16:00 19:00 17:00 Vol. 16 9 15 60 79 82 28 10 3 1 1 254 ALL TRAFFIC DATA SERVICES www.al Itrafficdata. net Page 11 Date Start: 24-Aug-21 Site Code: 28619 Station ID: 50th Place S at Codiga Park SB Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 85th 95th Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Percent Percent 08/27/21 0 0 3 6 13 10 7 2 1 0 0 0 0 0 42 42 47 01:00 0 1 3 4 8 7 7 3 1 0 0 0 0 0 34 44 48 02:00 1 0 2 3 4 6 4 4 0 0 0 0 0 0 24 45 48 03:00 0 0 1 1 10 3 3 1 0 0 0 0 0 0 19 41 45 04:00 1 1 4 6 13 4 1 0 0 0 0 0 0 0 30 35 39 05:00 0 1 4 13 15 14 9 0 0 0 0 0 0 0 56 40 43 06:00 2 3 5 20 42 21 11 3 1 0 0 0 0 0 108 39 44 07:00 8 4 12 30 40 26 21 5 0 0 0 0 0 0 146 40 44 08:00 8 3 7 27 48 40 12 4 2 0 0 0 0 0 151 39 44 09:00 1 2 10 20 46 47 24 2 0 0 0 0 0 0 152 40 43 10:00 7 3 13 33 55 37 14 8 0 0 0 0 0 0 170 39 44 11:00 13 4 11 34 67 38 12 2 0 0 0 0 0 0 181 38 42 12 PM 10 8 10 48 49 60 16 3 2 0 0 0 0 0 206 39 43 13:00 5 5 10 50 71 68 18 6 1 0 0 0 0 0 234 39 43 14:00 9 6 5 37 68 58 25 5 0 1 0 0 0 0 214 39 44 15:00 8 4 7 49 78 51 21 2 0 0 0 0 0 0 220 39 42 16:00 20 7 10 56 90 61 19 5 2 1 1 0 0 0 272 38 43 17:00 10 6 10 52 114 42 10 4 1 0 0 0 0 0 249 37 41 18:00 9 6 10 46 55 65 22 13 1 1 0 0 0 0 228 40 46 19:00 3 1 13 20 40 64 23 5 2 0 0 0 0 0 171 40 44 20:00 6 2 14 31 55 41 14 4 0 0 0 0 0 0 167 39 43 21:00 1 1 4 18 41 29 13 2 3 0 0 0 0 0 112 40 44 22:00 0 5 4 19 44 29 14 4 1 1 0 0 0 1 122 40 44 23:00 0 2 1 19 23 24 5 4 1 0 0 0 0 0 79 39 46 Total 122 75 173 642 1089 845 325 91 19 4 1 0 0 1 3387 Percent 3.6% 2.2% 5.1% 19.0% 32.2% 24.9% 9.6% 2.7% 0.6% 0.1% 0.0% 0.0% 0.0% 0.0% AM Peak 11:00 07:00 10:00 11:00 11:00 09:00 09:00 10:00 08:00 11:00 Vol. 13 4 13 34 67 47 24 8 2 181 PM Peak 16:00 12:00 20:00 16:00 17:00 13:00 14:00 18:00 21:00 14:00 16:00 22:00 16:00 Vol. 20 8 14 56 114 68 25 13 3 1 1 1 272 ALL TRAFFIC DATA SERVICES www.al Itrafficdata. net Page 12 Date Start: 24-Aug-21 Site Code: 28619 Station ID: 50th Place S at Codiga Park SB Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 85th 95th Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Percent Percent 08/28/21 1 0 4 8 15 10 9 3 0 0 0 0 0 0 50 42 45 01:00 1 0 4 3 6 8 2 1 2 0 0 0 0 0 27 42 51 02:00 1 0 1 3 7 8 5 0 0 0 0 0 0 0 25 41 43 03:00 0 0 2 3 3 8 5 1 0 0 0 0 0 0 22 42 44 04:00 3 1 0 10 7 9 1 3 0 0 0 0 0 0 34 39 47 05:00 0 1 1 10 11 11 5 3 2 1 0 0 0 0 45 44 51 06:00 1 0 0 6 11 13 4 4 1 0 0 0 0 0 40 43 48 07:00 8 3 3 9 18 34 7 1 0 0 0 0 0 0 83 39 42 08:00 0 2 3 15 37 35 10 6 1 1 0 0 0 0 110 40 47 09:00 2 2 6 29 42 48 13 5 2 0 0 0 0 0 149 39 44 10:00 4 4 5 17 63 37 20 6 0 0 0 0 0 0 156 40 44 11:00 9 1 7 29 46 50 16 3 0 1 0 0 0 0 162 39 43 12 PM 6 3 8 40 63 44 14 4 1 0 0 0 0 0 183 39 43 13:00 7 4 8 27 72 39 31 10 2 0 0 0 0 0 200 42 45 14:00 15 21 44 38 46 31 10 1 0 0 0 0 0 0 206 36 40 15:00 8 16 23 47 43 30 15 2 0 0 0 0 0 0 184 38 42 16:00 8 12 11 28 60 47 25 6 0 0 0 0 0 0 197 40 44 17:00 6 5 7 51 65 46 15 7 0 0 0 0 0 0 202 39 43 18:00 3 2 9 27 61 60 18 3 1 1 0 0 0 0 185 39 43 19:00 9 0 8 24 41 52 22 8 1 0 0 0 0 0 165 41 45 20:00 3 1 3 18 64 30 12 8 1 1 0 0 0 0 141 40 46 21:00 0 1 4 31 49 31 12 6 1 0 0 0 0 0 135 39 45 22:00 2 0 2 10 35 36 10 2 2 0 0 0 0 0 99 39 44 23:00 0 0 2 14 23 22 13 6 2 0 0 0 0 0 82 43 48 Total 97 79 165 497 888 739 294 99 19 5 0 0 0 0 2882 Percent 3.4% 2.7% 5.7% 17.2% 30.8% 25.6% 10.2% 3.4% 0.7% 0.2% 0.0% 0.0% 0.0% 0.0% AM Peak 11:00 10:00 11:00 09:00 10:00 11:00 10:00 08:00 01:00 05:00 11:00 Vol. 9 4 7 29 63 50 20 6 2 1 162 PM Peak 14:00 14:00 14:00 17:00 13:00 18:00 13:00 13:00 13:00 18:00 14:00 Vol. 15 21 44 51 72 60 31 10 2 1 206 ALL TRAFFIC DATA SERVICES www.al Itrafficdata. net Page 13 Date Start: 24-Aug-21 Site Code: 28619 Station ID: 50th Place S at Codiga Park SB Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 85th 95th Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Percent Percent 08/29/21 1 0 0 8 13 11 6 5 0 0 0 0 0 0 44 43 47 01:00 1 0 3 5 9 6 6 1 0 0 0 0 0 0 31 41 44 02:00 0 0 2 3 13 7 9 2 0 0 0 0 0 0 36 43 45 03:00 0 0 1 1 4 8 2 2 2 1 0 0 0 0 21 49 54 04:00 0 0 1 3 6 6 4 3 1 0 0 0 0 0 24 45 49 05:00 2 1 1 7 6 10 4 1 0 0 0 0 0 0 32 40 44 06:00 0 2 1 8 8 9 8 2 0 0 0 0 0 0 38 42 45 07:00 4 3 3 12 20 9 7 5 0 0 0 0 0 0 63 41 46 08:00 4 3 4 11 19 25 11 2 1 0 0 0 0 0 80 40 44 09:00 4 5 11 26 35 34 12 4 1 0 0 0 0 0 132 39 44 10:00 2 2 5 24 40 47 22 2 1 0 0 0 0 0 145 40 44 11:00 4 3 10 20 61 43 8 4 0 0 0 0 0 0 153 38 42 12 PM 2 3 5 21 68 56 23 8 1 1 1 0 0 0 189 41 45 13:00 2 4 8 35 62 62 21 7 2 0 0 0 0 0 203 39 44 14:00 9 6 9 38 53 53 14 6 2 0 0 0 0 0 190 39 44 15:00 6 1 7 38 52 43 20 5 1 0 0 0 0 0 173 40 44 16:00 6 4 10 32 51 51 21 2 3 0 1 0 0 0 181 39 44 17:00 2 2 12 25 66 38 19 3 0 0 0 0 0 0 167 39 43 18:00 8 0 12 29 46 40 12 3 1 0 0 0 0 0 151 39 43 19:00 2 5 8 20 42 42 22 9 1 1 0 0 0 0 152 42 46 20:00 7 5 13 28 47 36 6 2 1 1 0 0 0 0 146 38 42 21:00 2 0 2 19 35 21 17 2 0 0 0 0 0 0 98 41 44 22:00 2 0 2 6 33 24 13 4 0 0 1 0 0 0 85 42 45 23:00 1 3 3 6 14 14 8 4 1 0 0 0 1 0 55 43 49 Total 71 52 133 425 803 695 295 88 19 4 3 0 1 0 2589 Percent 2.7% 2.0% 5.1% 16.4% 31.0% 26.8% 11.4% 3.4% 0.7% 0.2% 0.1% 0.0% 0.0% 0.0% AM Peak 07:00 09:00 09:00 09:00 11:00 10:00 10:00 00:00 03:00 03:00 11:00 Vol. 4 5 11 26 61 47 22 5 2 1 153 PM Peak 14:00 14:00 20:00 14:00 12:00 13:00 12:00 19:00 16:00 12:00 12:00 23:00 13:00 Vol. 9 6 13 38 68 62 23 9 3 1 1 1 203 SB ALL TRAFFIC DATA SERVICES www.al Itrafficdata. net Page 14 Date Start: 24-Aug-21 Site Code: 28619 Station ID: 50th Place S at Codiga Park Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 85th 95th Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Percent Percent 08/30/21 0 2 2 2 10 9 5 0 0 0 0 0 0 0 30 40 43 01:00 0 2 0 8 6 4 5 1 0 0 0 0 0 0 26 42 44 02:00 0 1 2 0 5 2 2 0 0 0 0 0 0 0 12 40 43 03:00 0 0 1 3 7 1 0 2 0 0 0 0 0 0 14 39 48 04:00 0 0 0 2 9 14 6 1 1 1 0 0 0 0 34 43 51 05:00 4 1 1 14 15 17 8 2 0 0 0 0 0 0 62 40 44 06:00 5 3 1 33 28 23 11 3 1 0 0 0 0 0 108 39 44 07:00 1 5 5 23 53 27 21 2 1 0 0 0 0 0 138 40 44 08:00 3 6 3 23 44 29 12 2 1 0 0 0 0 0 123 39 43 09:00 2 1 6 17 45 34 11 2 0 0 0 0 0 0 118 39 43 10:00 4 3 8 50 46 25 8 5 1 0 0 0 0 0 150 38 44 11:00 7 4 14 28 49 40 19 8 1 0 0 0 0 0 170 40 45 12 PM 8 5 4 41 54 43 15 3 0 0 1 0 0 0 174 39 43 13:00 2 1 18 35 61 54 18 5 1 0 0 0 0 0 195 39 43 14:00 5 4 23 35 66 60 26 6 0 0 0 0 0 0 225 39 43 15:00 9 2 16 36 59 46 24 3 2 1 0 0 0 0 198 40 44 16:00 8 4 14 37 63 59 18 4 2 1 0 0 0 0 210 39 44 17:00 5 5 14 42 80 65 14 3 1 0 0 0 0 0 229 38 42 18:00 4 6 9 33 56 54 22 4 0 1 0 0 0 0 189 39 43 19:00 5 1 5 33 51 42 17 5 2 1 0 0 0 0 162 40 44 20:00 4 1 8 24 55 32 10 2 0 0 0 0 0 0 136 38 42 21:00 3 2 1 13 29 23 16 2 1 0 0 0 0 0 90 41 44 22:00 0 0 1 8 31 14 15 7 2 0 0 0 0 0 78 44 48 23:00 3 0 3 10 19 22 14 4 0 0 0 0 0 0 75 42 45 Total 82 59 159 550 941 739 317 76 17 5 1 0 0 0 2946 Percent 2.8% 2.0% 5.4% 18.7% 31.9% 25.1% 10.8% 2.6% 0.6% 0.2% 0.0% 0.0% 0.0% 0.0% AM Peak 11:00 08:00 11:00 10:00 07:00 11:00 07:00 11:00 04:00 04:00 11:00 Vol. 7 6 14 50 53 40 21 8 1 1 170 PM Peak 15:00 18:00 14:00 17:00 17:00 17:00 14:00 22:00 15:00 15:00 12:00 17:00 Vol. 9 6 23 42 80 65 26 7 2 1 1 229 Grand 692 492 1136 3867 6707 5494 2204 584 125 26 7 1 1 1 21337 Total Percent 3.2% 2.3% 5.3% 18.1% 31.4% 25.7% 10.3% 2.7% 0.6% 0.1% 0.0% 0.0% 0.0% 0.0% 15th Percentile : 26 MPH 50th Percentile : 33 MPH 85th Percentile : 39 MPH 95th Percentile : 44 MPH Statistics 10 MPH Pace Speed : 31-40 MPH Number in Pace : 12201 Percent in Pace : 57.2% Number of Vehicles > 45 MPH : 745 Percent of Vehicles > 45 MPH : 3.5% Mean Speed(Average) : 33 MPH 20-087(a) Council Approval 8/21/23 FIRST AMENDMENT TO SERVICES AGREEMENT BETWEEN THE CITY OF TUKWILAAND NOVOAGLOBAL, INC FOR TRAFFIC INFRACTION DETECTION & ENFORCEMENT PROGRAM This FIRST AMENDMENT ("First Amendment") made this 7th day of September 2023 (the "Effective Date"), by and between NovoaGlobal, Inc., a Delaware corporation having a place of business at 8018 Sunport Dr, Suite 203, Orlando, FL 32809 ("NG"), and the City of Tukwila, amunicipal corporation of the State of Washington, having an address at 6200 Southcenter Boulevard, Tukwila, WA 98188 (the "City" and together with NG, the "Parties" and each singularly a "Party"). WITNESSETH: WHEREAS, the City and NG entered into a Services Agreement dated September 28, 2020 (the "Initial Agreement"), pursuant to which NG provides the City with cameras and services for the operation of the City's Safety Photo Enforcement Program; WHEREAS, the City and NG mutually desire to amend, modify or alter certain terms and conditions of the Initial Agreement; NOW, THEREFORE, in consideration of the mutual terms, covenants, and conditions contained in this First Amendment, the Parties, intending to be legally bound, agree as follows: 1. The above recitals are true and correct and are incorporated herein. 2. Paragraph "WHEREAS, the City desires to use the Systems to monitor and enforce school zone speed violations in accordance with applicable laws and ordinances" of the Initial Agreement is hereby modified as follows: WHEREAS, the City desires to use the Systems to monitor and enforce violations in accordance with applicable laws and ordinances. 3. Section 3.1 and 3.2 of the Initial Agreement, the following initial sentence hereby modified as follows: 3.1 The effective date of this Agreement shall be the date first written above (the "Effective Date"). The initial term (the "Initial Term") of this Agreement, the License and the Lease shall begin upon the Effective Date, following full execution of the Agreement by the Parties, and shall continue until the fifth (5th) anniversary of the Installation Date (the "Installation Date"). 3.2 The terms of this Agreement shall be automatically extended for two (2) additional terms of five (5) years (each, a "Renewal Term") unless either Party, at least thirty (30) days before the expiration of the five (5) year term of this Agreement then in effect, provides written notice to the other that said Party will not renew or extend this Agreement. All terms and conditions specified herein shall be the same except that the amounts due pursuant to Section 5 hereof shall be adjusted in accordance with the change in the Consumer Price Index — All Urban Consumers — U.S. City Average ("CPI") by multiplying said amounts by the percentage change in the CPI from the beginning of the immediately preceding term to the end of the immediately preceding Term. (Each Renewal Term, if any, together with the Initial Term, the "Term"). The "Installation Date" shall be the latest date that a System becomes installed and operational. 1 99 4. Exhibit D, initial sentence "Pricing for NG Safety Systems relating to fixed speed photo enforcement shall be as follows:" of the Initial Agreement is hereby modified as follows: Pricing for NG Safety Systems relating to photo enforcement shall be as follows: 5. Except as expressly amended or modified by the terms of this First Amendment, all terms of the Initial Agreement shall remain in full force and effect. In the event of a conflict between the terms of this First Amendment and the Initial Agreement, the terms of this First Amendment shall prevail and control. 6. The provisions of the Initial Agreement, as amended by this First Amendment, including the recitals, comprise all of the terms, conditions, agreements, and representations of the parties with respect to the subject matter hereof. 7. This First Amendment may be executed in one or more counterparts, each of which shall constitute an original, but all of which taken together shall constitute one and the same instrument. 8. Each party represents and warrants that the representative signing this First Amendment on its behalf has all right and authority to bind and commit that party to the terms and conditions of this First Amendment. IN WITNESS WHEREOF, the Parties hereto have set their hands by their duly authorized representatives as of the day and year first above written. City of Tukwila, NovoaGlobal, Inc Washington DocuSigned by: 1 F89FE09132B402_.. Allan Ekberg, Mayor Attest by DocuSigned by: 9/20/2023 1 9:25 AM PDT LUst y �i riaLtAiti Christy O'Flaherty, City Clerk APPROVED AS TO FORM DocuSigned by: Ste. 5E499CA4t6 E4 Office of the City Attorney Carlos Lofstedt President and CEO 09/07/2023 100 20-087 Council Approval 8/17/20 SERVICES AGREEMENT BETWEEN THE CITY OF TUKWILA, WASHINGTON AND NOVOAGLOBAL, INC. FOR TRAFFIC INFRACTION DETECTION & ENFORCEMENT PROGRAM This AGREEMENT (the "Agreement") made this 2 'day of September, 2020, by and between NovoaGlobal, Inc. (formerly known as Sensys America, Inc.), a Delaware corporation having a place of business at 8018 Sunport Drive, Suite 203, Orlando, Florida 32809 ("NG"), and the City of Tukwila, a municipal corporation of the State of Washington, having an address at 6200 Southcenter Boulevard, Tukwila, WA 98188 (the "City" and together with NG, the "Parties" and each singularly a "Party"). WITNESSETH: WHEREAS, pursuant to chapter 9.53 of the Tukwila Municipal Code, Automated Traffic Safety Cameras in School Zones, the City may implement an automated photo enforcement program; WHEREAS, NG has the knowledge, 'possession, and ownership of certain equipment, licenses and processes, referred to collectively as the NG Safety System (the "System(s)"); WHEREAS, the City desires to use the Systems to monitor and enforce school zone speed violations in accordance with applicable laws and ordinances; WHEREAS, the Parties desire to enter into this Agreement, whereby NG will (i) install and assist the City in the administration and operation of the Systems, as described in more detail on Exhibit A to this Agreement at the locations within the City's jurisdiction, and provide to the City the services (the "Services"), all as more fully described on Exhibit A, and (ii) in connection with the Services, license certain software and lease certain equipment to the City. NOW, THEREFORE, in consideration of the mutual terms, covenants, and conditions contained herein, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, agree as follows: 1. RECITALS AND EXHIBITS. The foregoing recitals are true and correct and are hereby incorporated in haec verba. All exhibits attached to this Agreement contain additional terms of this Agreement and are hereby incorporated in haec verba. 2. SERVICES 2.1. NG agrees to install and provide to the City for the Term, the Systems (the "Equipment") and software (the "Software") to be supplied and installed by NG in accordance with Exhibit (including the provision of all construction drawings, permit applications and other documents required by applicable law for the oS DIStViziLi { KZ 5 2 2 2 9149. 00 C X:1113175. 00000111 installation and operation of the System(s)). In addition, if and to the extent set forth in Exhibits A, B, C, and D, NG shall also supply to the City: 2.1.1. Infraction preparation processes that assist the City in complying with current applicable City, State, and Federal law; 2.1.2. Training of personnel designated by the City involved with the operation of the Systems and/or the enforcement and disposition of infractions; 2.1.3. Expert witness testimony regarding the operation and functionality of the System; and 2.1.4. Other support services for the System as set forth in Exhibit A. 2.2. If and to the extent the City has or obtains during the Term custody, possession or control over any of the Equipment or Software, the City agrees: 2.2.1. Such Software, if manufactured or licensed by NG, is supplied under the license set forth in Exhibit B (the "License") to which the City agrees; 2.2.2. Such Software, if manufactured by third parties, is supplied under third - party licenses accompanying the Software, which licenses the City acknowledges receiving and to which it hereby agrees; and 2.2.3. Such Equipment is supplied under the lease terms set forth in Exhibit C (the "Lease") to which the City hereby agrees. 2.3. The City understands and agrees that (i) NG may, subject to the prior approval of the City, which approval shall not be unreasonably delayed, conditioned or withheld, subcontract with third parties for the provision or installation of part or parts of the Systems or Services and (ii) installation of the Systems requires the City's cooperation and compliance with NG's reasonable instructions (including but not limited to City's provision of the personnel, equipment, engineering plans, and other resources as described in Exhibit or as otherwise reasonably requested by NG) and reasonable access by NG (or such third parties) to City premises and systems and (iii) the City will provide all of the foregoing in Section 2.3(ii) to NG. 2.4. The City understands and agrees that the Systems will be owned by NG (or its designees). The City shall use its best efforts to assist NG to identify any third -party who is responsible for damage to the Systems or any part thereof 2.5. NG shall coordinate its work with the City's Police and Public Works Departments. 3. TERM 3.1. The effective date of this Agreement shall be the date first written above (the "Effective Date"). The initial term (the "Initial Term") of this Agreement, the [KZ82229149.DOCX;1113175.0000011 } 102 License and the Lease shall begin upon the Effective Date, following full execution of the Agreement by the Parties, and shall continue until the third (3rd) anniversary of the Installation Date (the "Installation Date"). 3.2. The City shall have the option to extend this Agreement, the License and the Lease for two (2) additional three (3) year terms (each, a "Renewal Term"), on the same terms and conditions specified herein except that the amounts due pursuant to Section 5 hereof shall be adjusted in accordance with the change in the Consumer Price Index — All Urban Consumers — U.S. City Average ("CPI") by multiplying said amounts by the percentage change in the CPI from the beginning of the immediately preceding term to the end of the immediately preceding Term. (Each Renewal Term, if any, together with the Initial Term, the "Term"). The "Installation Date" shall be the latest date that a System becomes installed and operational at any of the originally selected locations described in Sections 1.A or 1.B of Exhibit A. 4. TERMINATION AND EXPIRATION 4.1. This Agreement may be terminated by mutual written consent of the Parties. 4.2. This Agreement may be terminated for cause, by either Party if the other Party fails in any material way to perform its obligations under the Agreement or otherwise defaults in the performance of any obligation under this Agreement and such failure or default continues for more than forty-five (45) days after written notice thereof to the defaulting Party. 4.3. NG may terminate this Agreement, without liability, on thirty (30) days advance written notice ifNG concludes in its reasonable discretion that (i) potential or actual liability of NG to third parties (other than persons claiming to own Intellectual Property required for the operation of the System) arising out of or in connection with the System makes the program impractical, uneconomical or impossible to continue. 4.4. The City may terminate this Agreement on thirty (30) days advance written notice if the City concludes in its reasonable discretion that (i) potential or actual liability of the City to third parties arising out of or in connection with the System makes the program impractical, uneconomical, legally contested or impossible to continue; and/or (ii) the Systems cannot be installed. 4.5. Upon termination or expiration of this Agreement, either for default or because it has reached the end of its term, the Parties recognize that the City will have to process violations in the "pipeline," and that NG must assist the City in this accord. Accordingly, the Parties shall take the following actions during the wind -down (KZ82229149.DOCX;1113175.000001f } 1 r3 period, and shall have the following obligations, which obligations shall survive termination or expiration of the Agreement: 4.5.1. The City shall cease using the Software and Equipment in its possession, custody or control and shall (a) immediately allow NG a reasonable opportunity to remove such Equipment not to exceed sixty (60) days and (b) immediately deliver to NG or irretrievably destroy, or cause to be so delivered or destroyed, any and all copies of such Software in whatever form and any written or other materials relating to such Software in the City's possession, custody or control and within sixty (60) days deliver to NG a certification thereof. 4.5.2. Unless directed by the City not to do so, NG shall continue to process all images taken by the City before termination and provide all services associated with processing in accordance with this Agreement, and shall be entitled to reasonable fees specified in the Agreement as if the Agreement were still in effect. 4.6. Notwithstanding anything to the contrary contained herein, or in the License or the Lease, but except as provided in Section 21, the License and the Lease shall terminate upon the termination or expiration of this Agreement 5. FEES AND PAYMENT The City agrees to pay NG a monthly fee as follows (the "Monthly Fees"): 5.1. Monthly Fees (pro -rated for any partial month) as described in Exhibit D (Compensation & Pricing) in arrears with respect to each approach at which a System has been installed. Such payment shall commence on the first business day of the month following Commencement of Operations of each System and shall continue on the first business day of each month for the Term or until this Agreement is sooner terminated or such payment is modified in accordance with Section 3.2. For purposes of this Agreement, "Commencement of Operations" shall mean the first full day that the System captures events for processing and issuance of notices of violation. 5.2. The City, being a Municipal Corporation, shall pay sales tax in accordance with WAC 458-20-189. Accordingly, NG shall add sales tax to the invoices provided to the City in compliance with Washington State Law. 5.3. In the event that the United States Postal Service increases applicable First Class Mail and/or Certified Mail postage, NG may invoice the City for the increased postage actually paid by NG in connection with this Agreement. For example, if (aS2229149.DOCX;1/13175.0D00011 } 104 First Class Mail postage were increased by $0.02, and NG mailed 1,000 notices, NG would invoice the City $20.00. 5.4. Payment of all fees and other charges owed pursuant to this Agreement is due as set forth above, and, to the extent invoice is required, within forty-five (45) days after receipt of the invoice. Invoices will be sent to the City at: S afety Cams@ Tu kwi l aWa . goy 5.5. Notwithstanding anything in this Agreement to the contrary, if amounts due to NG pursuant to Section 5.1 in any month during the Term plus any amounts due to NG pursuant to this Section 5.5 ("Monthly Photo Enforcement Fees") exceed the revenue generated by operation of the Systems and actually received by the City during that same month ("Monthly Photo Enforcement Revenue") then the City shall pay to NG for such month only the amount of Monthly Photo Enforcement Revenue. In such case, the difference between Monthly Photo Enforcement Fees and Monthly Photo Enforcement Revenue (a "Payment Shortfall") shall be accumulated and added to the Monthly Photo Enforcement Fees for the following month. Payment Shortfalls, if any, shall accumulate from month -to -month until paid in full, provided that under no circumstances shall the City ever be required to make a payment of Monthly Photo Enforcement Fees to NG except from Monthly Photo Enforcement Revenue. At the final expiration of this Agreement (last day of validity of the agreement including any extensions) any accumulated Payment Shortfalls shall be forfeited. 6. RESPONSIBILITIES OF THE CITY 6.1. The City shall provide NG with any "as built" drawings in electronic format that are available at no cost to the City and shall consider for approval NG's engineering drawings. 6.2. The City shall not levy any fees. However, if municipal ordinance requires the assessment of fees by the City, said assessment shall be limited to permit fees as required by the City's Municipal code. The City does not control fees for Public Utilities or electrical permits for service. Levy of those fees for permits regarding electrical service are outside the scope of this contract. 6.3. The City shall diligently prosecute infractions in court at its own expense. NG shall, at its own expense, participate in any proceeding challenging the use of the System, the validity of the System's results, and/or use of the U.S. Mail to deliver an infraction notice. {KZS2229149.DOCX;1/13175.000001/ } �8� 6.4. The City will cooperate with NG in obtaining electrical connections at the roadside and NG shall pay all costs associated with such connection and shall pay for all power required by the System. 6.5. To allow for proper operation of the System, when known to the City, the City shall provide NG with advance written notice of any modifications proposed to roadways after installation of a System. In the event any such roadway modification requires a material change to the System, the City shall pay the costs reasonably incurred by NG to adapt the affected video monitoring systems) or fixed speed enforcement unit(s) to make such video monitoring systems) or fixed speed enforcement unit(s) compatible therewith. Notwithstanding the above, NG makes no guarantee that it will be able to make any such adaptation. In the event that NG is unable to adapt the affected System, then both parties shall be relieved of any further obligations under this Agreement with respect only to the affected System. 6.6. During the Term, except as expressly permitted by this Agreement the City shall not use the System, or allow the System's use by a third party, without the prior written permission of NG. 7. LIMITED WARRANTY AND LIMITATION ON DAMAGES 7.1. NG warrants that the System's functionality will conform in all material respects to the description of the System set forth on Exhibit A. 7.2. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, NG HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES AND SYSTEM, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON -INFRINGEMENT, NON-INTERFERENCE WITH ENJOYMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. THE CITY ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY PROVIDED HEREIN NO OTHER WARRANTIES HAVE BEEN MADE TO MUNICIPALITY BY OR ON BEHALF OF NG OR OTHERWISE FORM THE BASIS FOR THE BARGAIN BETWEEN THE PARTIES. 7.3. The City acknowledges and agrees that: 7.3.1. The Systems may not detect every speeding violation; 7.3.2. Since the System may flag as a violation conduct that is in fact not a violation, the output of the System will require review, analysis and {}(ZS2229149.QOCX 1113175.000001!) 106 approval by personnel appropriately qualified and authorized by the City under applicable law prior to the issuance of any citation; 7.3.3. The System has no control over, and relies on the proper functioning of equipment provided by entities other than NG; 7.3.4. The proper functioning of the System requires the City's full and complete compliance with the Systems' operating instructions, which it hereby agrees to do; and 7.3.5. NG shall not be responsible for the configuration and/or operation of any intersection traffic light systems and NG shall have no liability or obligations with respect thereto. 8. INDEMNIFICATION AND INSURANCE 8.1. NG shall at all times comply with all federal, state and local laws, ordinances and regulations and shall comply with the maintenance procedures and manufacturer's recommendations for operation of the Systems which affect this Agreement and shall defend, indemnify and hold harmless the City against any claims, injuries, damages, losses, or suits including attorney fees, arising from NG's violation of any such laws, ordinances and regulations or any claims arising from NG's performance of this Agreement, including as a result of the negligence, recklessness, or willful misconduct of NG, its officers and directors, agents, attorneys, and employees, but excluding any employees or agents of City. 8.2. NG agrees to indemnify, defend, and hold harmless the City from any and all claims, damages, injuries, losses, or suits including attorney fees, by a third party arising from either (a) a finding that the System infringes any validly issued United States patent or (b) NG' s willful misconduct, recklessness, or negligence, provided that such claim of damages, except for injuries and damages caused by the sole negligence of the City, which is not attributable to (i) any act or omission set forth in Section 8.3 or (ii) any third -party software or other third -party products used with, required for use of, or supplied under their own names with or as part of the System. If, as a final result of any litigation of which NG is obligated to indemnify, the use of the System by the City is prevented, in whole or in part, by an injunction, NG's sole obligation to the City as a result of such injunction shall be, at NG's option, either to (i) replace such part as has been enjoined, or (ii) procure a license for NG or the City to use same, or (iii) remove same and terminate this Agreement at no additional cost to the City. 8.3. 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 {KZS2229149. DOCX; 1/1 3175.000001/ ) injury to persons or damages to property caused by or resulting from the concurrent negligence of the NG and the City, its officers, officials, employees, and volunteers, the NG' s liability hereunder shall be only to the extent of the NG' s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the NG' 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. 8.4. Notwithstanding anything in this Agreement to the contrary, NG assumes no obligation or liability for any claim of damages (including the payment of reasonable attorneys' fees) by a third party arising from or related to (i) any modification of the System made by the City, (ii) the sole negligence or willful misconduct of the City, (iii) the failure to function properly of any hardware, software or equipment of any kind used by, in or on behalf of the City (other than that supplied by NG), or (iv) the review and analysis of the System data output by the City personnel for infraction preparation. 8.5. The rights of the City to seek indemnification under this Section 8 shall be conditioned upon (i) the City notifying NG promptly upon receipt of the claim or action for which indemnification is sought and (ii) the City's full cooperation with NG in the settlement or defense of such claim or action at no cost to the City. The City agrees not to charge NG for the time of the City's personnel engaged in such cooperation. Such cooperation shall include, but not be limited to, the City providing access for, and permission to, NG for the purpose of the replacement of such part or parts of Systems as NG may deem necessary or desirable. The City may participate in the defense of any indemnified matter through counsel of its own choice and at its own expense provided that NG shall remain in, and responsible for, control of the matter. This Section 8 states the entire liability and obligation and the exclusive remedy of the City with respect to any actions or claims (i) of alleged infringement relating to or arising out of the subject matter of this Agreement or (ii) otherwise the subject of this paragraph. 8.6. NG shall maintain the following minimum scope and limits of insurance: 8.6.1. Comprehensive general liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop- gap, products -completed operations, independent contractors, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an additional insured under NG'S {KZS2229149.DOCX;1113175A00o011 } 108 Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26.Workers Compensation coverage as required by the Industrial Insurance laws of the State of Washington; and 8.6.2. Comprehensive Automobile Liability Insurance for all owned, non -owned and hired automobiles and other vehicles used by NG 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. 8.6.3. Commercial Umbrella covering General Liability, Auto Liability and Employers Liability providing an additional coverage of $1,000,000. 8.6.4. Other Insurance Provision. The Consultant's Automobile Liability and Conunercial 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 Consultant's insurance and shall not be contributed or combined with it. 8.6.5. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. 8.6.6. Verification of Coverage. Consultant 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 Consultant shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. 8.6.7. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. 8.6.8. Failure to Maintain Insurance, Failure on the part of the Consultant 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 Consultant to correct the breach, immediately terminate the contract OCZ32229149.DOCX1/13175.0000011 109 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 Consultant from the City. 8.7. The City shall be named as additional insured on the comprehensive general liability policies provided by NG under this Agreement. NG shall require any subcontractors doing work under this Agreement to provide and maintain the same insurance, which insurance shall also name the City and its officers, employees, and authorized volunteers as additional insured. 8.8. Certificates showing NG is carrying the above described insurance, and evidencing the additional insured status specified above, shall be furnished to the City within thirty (30) calendar days after the date on which this Agreement is made. Such certificates shall show that the City shall be notified of all cancellations of such insurance policies. NG shall forthwith obtain substitute insurance in the event of a cancellation. 8.9. All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of Washington and shall name as additional insured the City. NG will furnish the City with Certificates of Insurance and applicable endorsements for all such policies promptly upon receipt of them. NG may effect for its own account insurance not required under this Agreement. 9. CHANGE ORDERS OR ADDITIONAL SERVICES. Changes to Services and additional Systems may be added to this Agreement by mutual consent of the Parties in writing as an addendum to this Agreement. The City and NG agree that should legislation or local ordinance be enacted to enable new photo enforcement solutions within the City's jurisdiction, the City shall have the option to negotiate services and fees and issue a change order to cover such services. 9.1. The City will appoint a project manager, which shall be an administrative ranked City Police Officer who will have oversight of the installation and implementation of the NG systems. The project manager has the authority to make daily operational management decisions. Only the Mayor or hisfher designee has the authority to authorize additional systems exceeding the original agreement, change orders, request additional services, and extensions. 10. CONFIDENTIAL AND PROPRIETARY INFORMATION; PUBLIC RECORDS LAW COMPLIANCE. {KZS2229149.DOCX.1113175.000001/ 110 10.1. The Parties agree that they shall comply with the public records disclosure provisions of the Revised Code of Washington, Chapter 42.56, Public Records Act and RCW 46.63.170(1)(g). 10.2. NG agrees that: 10.2.1. All information obtained by NG through operation of the Systems shall be made available to the City at any time during the Tukwila Municipal Court's normal business hours which are 08:30am to 5:00pm pacific time, excluding Proprietary Information not reasonably necessary for the prosecution of citations or fulfillment of the City's obligations under this Agreement. 10.2.2. It shall not use any information acquired from the performance of the Services contemplated in this Agreement, including without limitation, information with respect to any violations, violators, information obtained from recorded images or information concerning the City's law enforcement activities for any purpose other than for the benefit of the City. 10.2.3. No information given by NG to the City will be of a confidential nature, unless specifically designated in writing as "Proprietary Information" and expressly exempt from public records disclosures required by the Revised Code of Washington, Chapter 42.56, Public Records Act. 10.2.4. As used in this Agreement, the term "Proprietary Information" shall mean all trade secrets or confidential or proprietary information designated as such by NG, whether letter or by the use of an appropriate proprietary stamp or legend, prior to or at the time any such trade secret or confidential or proprietary information is disclosed by NG to the City. In addition, the term "Proprietary Information" shall be deemed to include: (a) any notes, analyses, compilations, studies, interpretations, memoranda or other documents prepared by the Recipient which contain, reflect or are based upon, in whole or in part, any Proprietary Information furnished to the Recipient. 10.2.5. The City shall use the Proprietary Information only for the purpose of fulfilling its duties hereunder (the "Purpose") and such Proprietary Information shall not be used for any other purpose without the prior written consent of NG. "Purpose" shall be deemed to not include any disclosure of the Proprietary Information to any person or entity, The City shall hold in confidence, and shall not disclose to any person or entity, any Proprietary Information nor exploit such Proprietary Information for its own benefit or the benefit of another without the prior written consent of NG. (KZ52229149.DOCX;1113175.0000011) 10.2.6. Notwithstanding anything contained in this Agreement to the contrary, this Agreement shall not prohibit the City from disclosing Proprietary Information to the extent required in order for the City to comply with applicable laws and regulations, provided that the City provides prior written notice of such required disclosure to NG. 11. INDEPENDENT CONTRACTOR; NO AGENCY. 11.1. It is understood that NG is an independent contractor and not an agent or employee of the City for any purpose including, but not limited to, federal tax and other state and federal law purposes. 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. NG specifically assumes responsibility for payment of all federal, state and local taxes imposed or required of NG under unemployment insurance, Social Security and income tax laws for the duration of this contract. NG shall be solely responsible for any worker's compensation insurance required by law and shall provide the City with proof of insurance upon demand. The parties agree that the City shall not: 11.1.1. Pay dues, licenses or membership fees for NG; 11.1.2. Require attendance by NG, except as otherwise specified herein; 11.1.3. Control the method, manner or means of performing Services under this Agreement, except as otherwise specified herein; or 11.1.4. Restrict or prevent NG from working for any other Party. 11.2. Neither Party has the right or the power to enter into any contract or commitment on behalf of the other Party, including entering into agreements with third parties, exercising incidents of ownership with respect to property owned by the Party or executing contracts binding upon the other Party. 12. NOTICES. 12.1. Any notices or demands which, under the terms of this Agreement or under any statute, must or may be given or made by NG or the City shall be in writing and shall be given or made by personal service, first class mail, FedEx, or by certified or registered mail to the Parties at the following addresses: tK.ZS2229149.DOCX;1/13175.000001/ 112 Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 Notices to NG shall be sent to the following address: Nov oaGlobal, Inc. 8018 Sunport Drive Suite 203 Orlando, FL 32809 12.2. Except as otherwise specified, all notices, payments and reports hereunder shall be deemed given and in effect as of the date of mailing or transmission, as the case may be, when sent by next day delivery or courier service, postage pre -paid, or three (3) days after the date of mailing when sent by first class mail, postage pre- paid, addressed in all such cases to the Parties as set forth in section 12.1, above, in each case to the President of NG or the Mayor of the City. 13. ASSIGNMENT. Except as specifically provided in this Agreement, neither Party may assign, or delegate performance of its obligations under, this Agreement, without prior express written consent of the other Party, except that NG may assign or otherwise encumber this Agreement, the License and the Lease for the purpose of obtaining financing; provided, however, that this Agreement may be assigned to any Person that acquires all or substantially all of NG' assets in one transaction, 14. AMENDMENT AND MODIFICATION. This Agreement may be modified or amended from time to time by the Parties, provided, however, that no modification or amendment hereto shall be effective unless it is stated in writing, specifically refers to this Agreement and is executed on behalf of both Parties. 15. NON WAIVER. The failure of either Party to require performance of any provision of this Agreement shall not affect the right to subsequently require the performance of such provision or any other provision of this Agreement. The waiver of either Party of a breach of any provision shall not be taken or held to be a waiver of any subsequent breach of that provision or any subsequent breach of any other provision of this Agreement. 16. FORCE MAJEURE. Neither Party shall be liable to the other for failure or delay in meeting any obligations hereunder which arises in whole or in part from causes which are unforeseen by, or beyond the control of, such Party, including without limitation, acts of God or of a public enemy, acts of terrorism, acts of the Government (other than the City in the case of the City) in either its sovereign or contractual capacity, fires, floods, epidemics, (KZS2229149.DOCX;1113175.000001/ quarantine restrictions, strikes, freight embargoes, acts or omissions of (i) non - subcontractor third -parties and (ii) third party equipment, telecommunications and software suppliers, and unusually severe weather. When any such circumstance(s) exist, NG shall have the right, in its sole discretion, to allocate its available production, deliveries, services, supplies and other resources among any and all buyers (whether or not including the City), as well as among departments and affiliates of NG, without any liability to the City. 17. DISPUTE RESOLUTION AND REMEDIES. 17.1. All disputes arising out of or in connection with the Agreement shall be attempted to be settled through good -faith negotiation between the City's appointed Project Manager and the President of NG, followed., if necessary, within thirty (30) calendar days, by professionally -assisted mediation. Any mediator so designated must be acceptable to each party and must be a certified mediator in the State of Washington. The mediation will be conducted as specified by the mediator and agreed upon by the Parties. The Parties agree to discuss their differences in good faith and to attempt, with the assistance of the mediator, to reach an amicable resolution of the dispute. The mediation will be treated as a settlement discussion and therefore will be confidential. The mediator may not testify for either party in any later proceeding relating to the dispute. No recording or transcript shall be made of the mediation proceedings. Each party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the Parties. 17.2. Failing resolution through negotiation or mediation, all actions, disputes, claims and controversies under common law, statutory law or in equity of any type or nature whatsoever, whether arising before or after the date of this Agreement, and whether directly or indirectly relating to: (a) this Agreement and/or any amendments and addenda hereto, or the breach, invalidity or termination hereof; (b) any previous or subsequent agreement between the parties; and/or (c) any other relationship, transaction or dealing between the parties (collectively the "Disputes"), will be subject to and resolved by binding arbitration pursuant to the Commercial Arbitration Rules of American Arbitration Association. Any award or order rendered by the arbitrator may be confirmed as a judgment or order in any state or federal court of competent jurisdiction within the federal judicial district which includes the residence of the Party against whom such award or order was entered. The prevailing Party in any arbitration shall be entitled to reasonable attorney fees and costs. 18. GOVERNING LAW; JURISDICTION; VENUE. The parties agree that this Agreement is consummated, entered into, and delivered in King County, Washington. Notwithstanding (KZS2229149.DOCX;1113175.000001! ) 114 conflicts of laws provisions, this Agreement has been and is to be governed by, construed, interpreted and enforced in accordance with the laws of the State of Washington. In the event that any litigation is commenced by either party to enforce this Agreement, the action will be filed and litigated, if necessary, solely and exclusively in a court of competent jurisdiction located in King County, Washington. The parties waive any and all rights to have this action brought in any place other than King County, Washington, under applicable venue laws. The Parties hereby irrevocably waive any and all rights to have this action brought in any place other those stated herein. The Parties hereby irrevocably waive any claim that any such action has been brought in an inconvenient forum. 19. ATTORNEY'S FEES AND COSTS. In the event arbitration is commenced to enforce this Agreement, costs of said suit including reasonable attorney's fees in all proceedings, trials, investigations, appearances, appeals and in any bankruptcy proceeding or administrative proceeding shall be paid to the prevailing Party by the other Party. 20. DISCRIMINATION PROHIBITED. NG, 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. 21. GENERAL AND MISCELLANEOUS. 21.1. Time shall be of the essence of this Agreement. 21.2. In this Agreement, wherefore the singular and masculine are used, they shall be construed as if the plural or the feminine or the neuter had been used, where the context or the party or parties so requires, and the rest of the sentence shall be construed as if the grammatical and the terminological changes thereby rendered necessary had been made. 21.3. Paragraph headings are provided as an organizational convenience and are not meant to be construed as material provisions of this Agreement. 21.4. Preparation of this Agreement has been a joint effort of the Parties and the resulting document shall not, solely as a member of judicial construction, be construed more severely against one of the parties than the other, 21.5. This Agreement may be executed in counterparts, each constituting a duplicate original, but such counterparts shall constitute one and the same Agreement. {KZS2229149.DOCX;1113175.0000011 } 21.6. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the Parties to this Agreement from and after the Effective Date. 21.7. Each Party to this Agreement agrees to do, execute, acknowledge, and deliver or cause to be done, executed, acknowledged and delivered, all such further acts, and assurances in a manner and to the degree allowed by law, as shall be reasonably requested by the other party in order to carry out the intent of and give effect to this Agreement. Without in any manner limiting the specific rights and obligations set forth in this Agreement or illegally limiting or infringing upon the governmental authority of the City, the Parties declare their intention to cooperate with each other in effecting the purposes of this Agreement, and to coordinate the performance of their respective obligations under the terms of this Agreement. 21.8. Except as set forth in this Agreement and the Exhibits hereto, no representation, statement, understanding or agreement, whether written or oral, has been made and there has been no reliance on anything done, said or any assumption in Iaw or fact with respect to this Agreement for the duration, termination or renewal of this Agreement other than as expressly set forth in this Agreement and there has been no reliance upon anything so done or said that in any way tends to change or modify the terms or subject matter of this Agreement or to prevent this Agreement from becoming effective. 21.9. This Agreement supersedes any agreements and understandings, whether written or oral, entered into by the Parties hereto prior to the Effective Date of this Agreement. 22. SURVIVABILITY. Termination or expiration of this Agreement shall not relieve either Party of their respective obligations, which are expressly noted to survive termination or expiration or under the following sections which shall survive termination and expiration: Sections 4.5, 5, 7.2, 7.3, 8, 10, 17, 18, 19, 20, and this Section 21. Sections 4, 7 and 8 (but only to the extent Section 8 corresponds to Sections of the Agreement which survive) of the License and Sections 3, 4, 5, 6, 7 and 8 (but only to the extent Section 8 corresponds to Sections of the Agreement which survive) of the Lease shall survive any expiration or termination of this Agreement, the License or the Lease. 23. SEVERABILITY. If any covenant or provision of this Agreement is, or is determined to be, invalid, illegal or unenforceable by a court of competent jurisdiction, then such covenant or provision will be ineffective only to the extent of such prohibition or invalidity. All remaining covenants and provisions of this Agreement shall nevertheless remain in full force and effect, and no covenant or provision of this Agreement shall be deemed to be dependent upon any covenant or provision so determined to be invalid, illegal or {Kzs2229149.00cx;1/13175.000001i } 116 unenforceable unless otherwise expressly provided for herein. The invalidity of any provision of this Agreement or any covenant herein contained on the part of any party shall not affect the validity of any other provision or covenant hereof or herein contained which shall remain in full force and effect. 24, Each party acknowledges that it has read this Agreement and understands the terms and conditions herein. Further, the Parties have caused this Agreement to be executed on its behalf by the authorized officer whose signature appears below under its name, to be effective as of the date written above. IN WITNESS WHEREOF, the Parties hereto have set their hands by their duly authorized representatives as of the day and year first above written. NovoaGlobal, Inc_ Carlos Lofstedt �f r President and CEO City of Tukwila, Washington Allan Ekberg°i IgS Mayor APPROVED AS TO FORM Kn}! WNII!LJnpyuµlF:An�-ew���_ i.. % Office of the City Attorney {K2S2229149. DOCX.1 /13175.00OOD11 } EXHIBIT A SERVICES NG shall provide the City with the Systems. In connection with furnishing the Systems, NG shall provide the following to the City, each of which is more fully described below: I . SITE INSTALLATION PLANNING; DESIGN AND EQUIPMENT INSTALLATION 2. TRAINING AND SUPPORT 3. CITATION PREPARATION AND PROCESSING SERVICES 4. MAINTENANCE 5. PUBLIC EDUCATION CAMPAIGN 6. EXPERT WITNESS TESTIMONY AND COURT TRAINING 7. REPORTING 1. SITE INSTALLATION PLANNING, DESIGN AND EQUIPMENT INSTALLATION 1.1. The Systems. NG will initially install two (2) Systems (which shall remain property of NG), monitoring such locations as the City and NG shall mutually agree. Up to fifty (50) additional Systems may be added at the option of the City with NG's consent. None of the quantities mentioned under this paragraph shall be interpreted as mandatory quantities. The actual quantities to be installed can only be approved by the City. The installation of any system will require the written approval of the Mayor or his/her designee. Each System shall comprise of equipment capable of monitoring violations at a single approach to a school zone for up to five lanes of traffic. NG will install new Systems upon mutual agreement of the Parties. School zone fixed speed enforcement systems will conduct enforcement while beacon systems are in an activated state within the identified school zone. NG will ensure school zone fixed speed enforcement systems are integrated with City's school zone flashing beacons, if present. 1.1.2. Automated traffic safety cameras shall only take pictures of the vehicle and vehicle license plate. The image must not display the face of the driver or of passengers in accordance with RCW 46.63.170(1)(d). 1.1.3. The Systems shall include all equipment Located on each roadway or in the right of way, telecommunications equipment, and Software and shall have the capability of transferring images from the roadside in accordance with RCW 46.63.170 to be accessed at the City's Police Department processing facility. {KZS2229149.00CX;1113175.00000111 118 1.1.4. Substitution, Relocation, or Addition of a Site. If NG or the City reasonably determines that one or more sites selected for installation of a System is not for any reason appropriate for the System (and such determination is made at least fifteen (15) days prior to the commencement of installation of the System at any such location), then alternate location(s) may be substituted by written consent of the Parties. If the average monthly violation collected from any individual system does not meet the level required for the individual system to be cost neutral for a period of twelve (12) consecutive months, the City shall have the right to request relocation of the system to a more effective location. This request must be in writing and before twenty four (24) months of the expiration of the contract or any of its extensions. In response to said request, NG shall have the option to comply with the request, reduce the fee temporarily, or permanently reduce the fee to a level equal to the violation (revenue) collected from that individual system. 1.1.5. Timeframe for Installation of the System NG shall install and activate the Systems in accordance with an installation timeline to be mutually agreed to by NG and the City, which installation shall conclude within sixty (60) days after all necessary permits and approvals are received by NG. NG shall endeavor to install the System in accordance with the schedule set forth in the Implementation Plan. The City agrees that the estimated dates of installation and activation of the System set forth in the Implementation Plan are subject to delay based on conditions beyond the control of NG and are not guaranteed. 1.1.6. Installation/Ownership of the System. NG shall procure, install and provide support of installed equipment at each of the agreed upon locations. As between NG and the City, all components for the System will remain the property of NG. 1.2. Installation 1.2.1. NG shall submit plans and specifications to the City for review and approval. 1.2.2. All cameras and other equipment shall be enclosed in lockable, weather and vandal -resistant housing. All wiring shall be internal to equipment (not exposed) and if commercially reasonable and if capacity exists, underground in existing conduits, except where required to directly interface with existing electrical service. Separate conduits or other methods, as approved by the City or electrical service provider, may be used by NG if existing conduit(s) are at capacity. {KZ52229149.DOCX;1113175.0000011 } r9-t 1.2.3. NG will not enter City's traffic signal control boxes without permission and/or authorization of the City's Public Works Department. 1.2.4. The provision, installation, and maintenance of all necessary electronic system communication equipment will be the sole responsibility of NG. 1.2.5. The System may be mounted on or utilize support of existing traffic signal poles, arms or other City -owned structures where possible, subject to City review and approval. 1.2.6 The System poles, foundations, signs, and new infrastructure, as required, shall conform to applicable law. 1.3. Restoration of Roadways and/or Right of Way. Upon termination or expiration of the Agreement, NG shall remove the System and restore the affected public facilities including returning the roadway and/or right of way to their original condition; provided, however, that NG shall not be required to remove any conduit, in -ground fixture, underground wiring or other infrastructure that will require excavation or demolition. All costs incurred by NG thereby will be the responsibility of NG. 1.4. Compliance with Law. NG shall design and install the System in compliance with all currently existing federal, state and local laws and regulations. NG covenants and agrees that its Systems shall, at all times, comply with all applicable laws, regulations, rules and orders ("Legal Requirements"). NG shall continuously monitor the status of such Legal Requirements to ensure continuous compliance. In the event of any change in the Legal Requirements, NG shall modify or replace (at its sole cost) all or any portion of its non -compliant Systems. Any such modification shall be effected by NG in a reasonable period of time (not to exceed ninety (90) days for modification or one hundred eighty (180) days for complete system replacement) and NG's failure to effect such modification or replacement in a timely manner shall be grounds for the City to terminate this Agreement for cause. Any such termination shall not relieve NG of its obligation to restore each site to its original condition. 2. TRAINING OF CITY PERSONNEL. After System installation, NG shall provide up to eight (8) hours of training for up to ten (10) persons at two (2) sessions at the City's facilities to acquaint City personnel with System operation. Training shall consist of instructional and operational training as well as hands-on equipment exercises with an instructor. All necessary training materials and documentation will be provided by NG at NG's expense. NG shall make all such training services available to the City prior to the end of the thirty (30) day period following the Installation Date. If the City requests additional courses or training, NG shall provide these on a cost reimbursement basis. {KZ52229T49.D0CX;1/13175.000001/ } 120 Additionally, NG will provide and maintain a web -based training service that includes basic operation instructions as well any system or procedure changes to ensure continuity for court personnel and law enforcement end users. 3. INFRACTION PREPARATION AND PROCESSING SERVICES 3.1. Infraction Preparation and Processing. NG shall (1) perform the initial review of all data generated at the roadside, (2) process and format violations utilizing a computerized traffic infraction program that shall store all information required for infraction processing required by state law, local law, and in accordance with court of jurisdiction's specifications, and (3) transfer the infractions to the Police Department's computer for review and decision on whether or not to issue an infraction. If NG is permitted by applicable law or regulation to do so, NG shall also review all Washington State Department of Licensing information and print and mail infraction forms. NG shall pay all mailing and postage costs, and such other miscellaneous costs and expenses as may be reasonably necessary to issue an infraction and deliver it by U.S. mail. To the extent required by applicable law, NG shall obtain a certification of mailing issued by the U.S. Post Office. Notwithstanding anything to the contrary in the foregoing provisions of this Section 3.1, NG will shall not process nor support any infractions not captured by the System and/or approved by the City. 3.2. Officer Discretion. NG recognizes and agrees that the decision to issue or dismiss an infraction shall be the sole and exclusive decision of a sworn officer of the City's Police Department. In no event shall any NG employee or representative have the ability to authorize or dismiss any infractions. 3.3. Mailing of Infractions. Infractions shall be mailed to the violator as soon as is reasonably practicable, and in no event longer than ten (10) business days after being approved by the City and NG has been notified of such approval. The form of infraction shall be subject to the approval of the City. 3.4. Cooperation With Police and the Courts. NG shall be responsible for, and pay for, the cost of issuing and the mailing infractions in accordance with applicable law. NG shall coordinate with the City and the courts and shall comply with the applicable law and court procedures regarding the mailing and other requirements necessary for the issuance and processing of traffic infractions. All infractions shall be reviewed and approved by the City's Police Department prior to mailing. In addition, NG will cooperate with the courts to set up the necessary communications systems for processing. It is agreed that the Tukwila Municipal Court will be solely responsible for processing delinquent notices. {KZS2229149.000X;1/13175.000001/ } 3.5. With respect to each violation authorized by the City, within five (5) business days after NG's receipt of such authorization, NG shall file with the Tukwila Municipal Court, a copy (electronic or otherwise) of the infraction. NG acknowledges that Washington State law requires all infractions be filed within five days of issuance (i.e., date signed by Police Officer) or the infraction is subject to dismissal under court rule. Filing of infractions within five days of issuance shall be considered a material provision of this Agreement. This paragraph only applies in case that the City choses to use JIS. If the City elects to use NG's Back Office, then no filing would be required. 3.6. Rental car and business vehicles. NG will coordinate with the City and Courts to establish an acceptable procedure to streamline and coordinate the processing, notification, and accountability of rental car violation and corporate vehicle violations. 3.7. Preparation ofEvfdence Packages. NG shall provide electronic copies of evidence packages in such form as may be reasonably agreed upon with the courts to enable the City to enforce its infractions in court. 3.8. Access to License Information. NG shall maintain the ability to access the license information and the registered owner residence address for all U.S. registered vehicles, and the per -request fee for information, if any, shall be paid by NG. If possible, NG will identify rental vehicle and corporate vehicle violations to migrate and merge original infraction with rental and business nomination for appropriate processing needs. If NG is unable to access such information, NG shall provide the make and license plate number of each violator to the City, which will obtain and input the information into the System, or provide such information to NG within a reasonable period of time. 3.9. Numbering System. NG, in coordination with the City, shall develop and implement an independent numbering system for automated safety camera speeding infractions. This numbering system should be at least 9 digits and start with the two letters SC (denoting Safety Camera). The final 7 digits should be numeric. 3.10. Transmission of Information. NG shall make all infraction information available to the City via an electronic file using comma separated value files on a secure FTP site. NG shall maintain a documented chain of custody for all electronically transmitted information while the information is under NG's control. 4. MAINTENANCE 122 {KZS2229149. DC CX;1113175.0000011 } �7 4.1. Maintenance of System. Except as provided herein, NG shall Maintain the System (as such term is defined below); provided however, that NG shall not be responsible for any maintenance, repair or replacement required as a result of (i) the negligence or intentional act of the City, its employees, agents or independent contractors (other than NG) and/or (ii) any equipment or software not provided by NG. NG shall maintain a maintenance log that documents all service issues. To "Maintain the System" shall mean to keep the System in a state of operation such that the System's functionality and operation conforms in all material respects to the description of the System set forth in this Exhibit. All problems shall be documented, and repairs commenced within seventy-two (72) business hours after the time NG receives notice thereof. NG shall also install all software revisions for Systems as and when developed and made commercially available by NG. NG is responsible to ensure systems axe operational. NG will repair and upgrade as needed, including any vandalized equipment, and maintain a reasonably clean appearance and in a graffiti -free condition. Graffiti shall be removed within 7 days of notice to NG. 4.2. Equipment Checks. When possible, NG shall perform remote camera and equipment checks to confirm proper operation of computers, cameras and communications network. In -field camera equipment inspection will be done as needed or when remote camera and equipment checks are not possible. The System shall have the capability of on-line monitoring of all cameras in each school zone. 4.3. NG will conduct routine testing, evaluation, and monitor the system to ensure the system is operational. If a deficiency, malfunction, or failure of the system is detected, NG will notify the City's Police Department within 72 hours by written or electronic notification. If the system cannot be restored or repaired to full functional capability within 7 consecutive calendar days, NG will reduce the fee to reflect the time the system is deficient, malfunctioning, or failing. The fee reduction shall be applied to the affected billing cycle and continue until the system is restored to full operation. This reduction shall be identified on the billing statement to the City's Police Department. 5. PUBLIC EDUCATION CAMPAIGN 5.1. Public Awareness Program. NG shall assist the City with a Public Awareness Program. Such assistance shall consist of: 5.1.1. Paying for and installing all signage required by State law and local ordinance or as otherwise required by resolution of the City's Council; 5.1.2. Reasonable assistance for a media event to launch the community education program; (KZS2229149.DOCX:1 /13175.000001 / ) 5.1.3. Preparing, publishing, and printing brochures in as many languages as possible, but at least in English and Spanish; 5.1.4. A reasonable amount of training for City staff; and 5.1.5. Providing a multi-lingual (including English and Spanish) toll -free customer service hotline which shall be staffed sufficiently during all regular business hours. 6. EXPERT WITNESS TESTIMONY AND COURT TRAINING 6.1. Expert Witness Testimony. NG shall provide expert witness testimony at its sole expense, as necessary, to testify regarding the accuracy and technical operation of the System as necessary for court challenges to the operation of the System. 6.2. Court Training. NG shall conduct a one -day workshop -orientation session for Municipal Court judges (and/or their designees), hearing officers, other appropriate court officials and the City prosecutor. NG will provide and maintain a web -based training service to the City that includes information regarding basic operation and any system or procedure changes to ensure continuity for court staff end users. 7. REPORTING 7,1. Bi-Monthly Report. NG shall submit to the City a Bi-Monthly Report on project results within fifteen (15) days after the end of two -week period and provide web access to such reports. 7.2. Monthly Report. NG shall submit to the City's Public Works Department a monthly Report on statistical information regarding traffic volumes, average speed, and traffic congestion within thirty (30) days after the end of calendar month. Web access to such reports shall also be provided to City's Public Works Department. 7.3. Annual Report. NG shall submit an annual report of the number of citations issued for each camera system and any other relevant information about the automated traffic safety cameras the City deems appropriate for the City's web page. 7.4. Additional Reports or Information. Any other reports and information are not part of the Agreement and the preparation and delivery of any other such reports or information may result in additional fees. 7.5. Database. NG shall maintain a database with the following information per violation: 7.5.1. Location, date and time; (Kzs2229149,DOCX0113175.0000011 } 124 r,? 7.5.2. Speed of vehicle; 7.5.3. Vehicle description including license plate state and number; 7.5.4. Applicable vehicle code section violated (if available to NG); 7.5.5. Citation prepared or reason for not preparing citation (if available to NG); 7.5.6. Registered vehicle owner's name and address, and related information required to prepare citations where violation is made by a driver other than registered owner (if available to NG) (i.e., Affidavit of Non -Liability); and 7.5.7. Status of infraction (outstanding, cancelled, reissued, paid, bail forfeited, traffic school, warrants issued, etc.) (if available to NG). 7.6. NG shall maintain, at its sole expense, all records, including, but not limited to all video recordings, which it generates or receives as a result of the performance of services pursuant to the Agreement for the period of time required by, and otherwise in accordance with, the Revised Code of Washington, Chapter 42.56, Public Records Act and Revised Code of Washington 46.63.170, as same may be amended from time to time. Upon receipt of a request from the City for a copy of any record being maintained by NG, NG shall provide the requested record to the City within a reasonable time following such request, but in no event later than seven (7) days following the date the request is received by NG. 7.7. Additional Services (if requested by the City in writing): 7.7.1. School Zone Assessment Program. NG will generate a video -based analysis of school zones designed to evaluate the frequency of school zone speed violations for each approach to the targeted school zone. The video media will contain up to 16 hours of video monitoring assuming the equipment remains installed at the school zone during the course of monitoring, but not to exceed three consecutive calendar days. A report summarizing the results, along with the media generated will be provided to the City. There is no charge for the initial 16 approaches or any future system placement requests to be evaluated by NG pursuant to this Agreement. {I¢S2229149DOCX;1113175.0004011 } 1 EXHIBIT B LICENSE AGREEMENT FOR NG SAFETY SYSTEM SOFTWARE This LICENSE AGREEMENT (the "License") is part of an agreement (the "Agreement") (to which a copy of this License is attached as Exhibit B) between the City named in the Agreement and NovoaGlobal, Inc. ("NG") for the NG software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (the "SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to the City by NG. Any software provided along with the SOFTWARE PRODUCT that is associated with a separate license agreement is licensed to the City under the terms of that license agreement. By execution of the Agreement, the City has agreed to be bound by the terms of this License. Such agreement by the City is an express condition to its ability to use the SOFTWARE PRODUCT. 1. GRANT OF LICENSE. The SOFTWARE PRODUCT is licensed, not sold. This License grants the City only the following rights: The City may use those copies of the SOFTWARE PRODUCT as installed by NG on its network ("Network")_ 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. The City may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer unless so installed by NG. The City may not rent, lease, transfer or lend the SOFTWARE PRODUCT. This License does not grant the City any rights in connection with any trademarks or service marks of NG. Without prejudice to any other rights, NG may terminate this License if the City fails to comply with the terms and conditions of this License. 3. SUPPORT SERVICES AND UPGRADES. NG may provide the City with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Agreement. Any supplemental software code provided to the City as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this License. With respect to technical information the City provides to NG as part of the Support Services, NG may use such information for its business purposes, including for product support and development. In particular, NG will not utilize such technical information in a form that personally identifies the City or any motor vehicle, tag or person. If the SOFTWARE PRODUCT is labeled as an upgrade, the City must be properly licensed to use a product identified by NG as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for the City's eligibility for the upgrade. The City may use the resulting upgraded product only in accordance with the terms {K252229149.DOCX;1113175.0000011 } 126 of this License. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that the City licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer. 4. COPYRIGHT. All title and intellectual property rights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by NG or its suppliers. As between the City and NG, all title and intellectual property rights in and to the images and information which may be generated through use of the SOFTWARE PRODUCT is the City's property. All rights not expressly granted are reserved by NG. 5. BACKUP COPY. After installation of one copy of the SOFTWARE PRODUCT pursuant to this License, the City may keep the original media on which the SOFTWARE PRODUCT was provided by NG solely for backup or archival purposes. If the original media is required to use the SOFTWARE PRODUCT on the COMPUTER, the City may make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes. Except as expressly provided in this License, the City may not otherwise make copies of the SOFTWARE PRODUCT or the printed materials accompanying the SOFTWARE PRODUCT. 6. COMPLIANCE WITH LAW AND EXPORT RESTRICTIONS. The City represents and agrees that it does not intend to and will not use, disseminate or transfer in any way the SOFTWARE PRODUCT in violation of any applicable law, rule or regulation of the United States, or any State of the United States or any foreign country of applicable jurisdiction. Without limiting the foregoing, the City agrees that it will not export or re-export the SOFTWARE PRODUCT to any country, person, entity or end user subject to U.S. export restrictions. The City specifically agrees not to export or re-export the SOFTWARE PRODUCT: (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the products back to such country; (ii) to any end -user who the City knows or has reason to know will utilize the SOFTWARE PRODUCT or portion thereof in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any end -user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. 7. OTHER PROVISIONS. Sections 3, 4, 7, 10, 17, 18, 19, 20, and 22 of the Agreement are hereby incorporated by reference as if herein set forth in full. {KZS2229149.DOCx;1113175.000001! EXHIIBIT C LEASE AGREEMENT FOR NG SAFETY SYSTEMS This LEASE AGREEMENT (the "Lease") is part of an agreement (the "Agreement") (to which a copy of this Lease is attached as Exhibit C) between the City named in the Agreement ("City") and NovoaGlobal, Inc ("NG") (collectively, the "Parties"). The Parties hereto agree as follows: 1. LEASE. NG hereby leases to the City and the City hereby leases from NG, subject to the terms and conditions of this Lease, such items of System equipment (together with all attachments, replacements, parts, additions, substitutions, repairs, accessions and accessories incorporated therein and/or affixed thereto, the "Equipment") that the City obtains possession, custody or control of pursuant to the Agreement. 2. USE AND LOCATION. The Equipment shall be used and operated by the City only in connection with the operation of the System by qualified employees of and in accordance with all applicable operating instructions, and applicable governmental laws, rules and regulations. The City shall not part with control or possession of the Equipment without NG's prior written consent. 3. CONDITION. NG shall maintain the Equipment in good condition and working order in accordance with Section 4 of Exhibit A. The City shall not damage the Equipment or make any alterations, additions or improvements to the Equipment without NG's prior written consent unless such alterations, additions or improvements do not impair the commercial value or the originally intended function or use of the Equipment and are readily removable without causing material damage to such Equipment so as to return the Equipment to its original state, less ordinary wear and tear. Any alteration, addition or improvement not removed prior to the return of the Equipment shall without further action become the property of NG, provided, however, that any alterations, additions and improvements which would reduce the value of the Equipment must be removed prior to the return of such Equipment. 4. RETURN. Upon the expiration or earlier termination of the Agreement, the City shall allow NG reasonable access to remove the Equipment at NG's expense. 5. OWNERSHIP, LIENS. The Equipment is and shall at all times be the property of NG. The City agrees to take all action necessary or reasonably requested by NG to ensure that the Equipment shall be and remain personal property. Nothing in this Lease, the Agreement or any Exhibit shall be construed as conveying to the City any interest in the Equipment other than its interest as a lessee hereunder. If at any time during the term hereof, NG wishes to place on the Equipment labels, plates or other markings evidencing ownership, security or {KZ52229149.D OCX;1113175.0000011 l 128 �-3 other interest therein, the City shall allow NG reasonable access therefore and keep the same displayed on the Equipment. 6. NO CITY SUBLEASE; ASSIGNMENT. The City shall not assign or in any way dispose or otherwise relinquish possession or control of all or part of its rights or obligations under this lease or enter into any sub -lease of all or any part of the equipment without the prior written consent of NG. 7. OTHER PROVISIONS. Sections 3, 4, 7, 10, 17, 18, 19, 20, and 22 of the Agreement are hereby incorporated by reference as if herein set forth in full. {KZ52229149. DOCX;1113175.000001l } EXIIIBIT D COMPENSATION AND PRICING MONTHLY FEE Pricing for NG Safety Systems relating to fixed speed photo enforcement shall be as follows: • $3,999.00 per system per month, with less than 400 infractions issued by the City per month, • $4,900.00 per system per month, with between 400 and 800 infractions issued by the City per month. • $5,700.00 per system per month, with more than 800 infractions issued by the City per month. NG acknowledges school zone fixed speed photo enforcement systems will only function during specified times throughout the day and in accordance with City's flashing beacon system, if available. Additionally, NG acknowledges that schools often take breaks for more than seven (7) consecutive calendar days. These school breaks do not constitute a temporary suspension, as defined below. Consequently, NG shall bill the City monthly fees for all months of the year, but shall reduce the monthly fees for all School Zone Systems by twenty five percent (25%). Temporary Suspensions. In the event construction by the City causes a disruption of service under the Agreement, upon NG's written request, the term of the Agreement may be extended at the City's sole discretion. For every two (2) months, (per individual system) of disrupted service the Agreement can be extended for a one -month period. COVIDJ9. NG acknowledges that these unprecedented times might impact the start date of the schools. NG will not start enforcing violations and therefore billing until the school reopens or NG is directed to do so by the City. Any delay in the start date and billing will delay the Installation Date. BUSINESS ASSUMPTIONS FOR ALL PRICING OPTIONS 1. Except where a balance remains unpaid due to a deficit in the gross cash received as described herein, City agrees to pay NG within forty-five (45) days after the invoice is received. A monthly late fee of 1.5% is payable for amounts remaining unpaid sixty (60) days from date of invoice or monthly report if such delay is the responsibility of the City. 2. Required Payment Convenience Fees will not be considered to be revenue received and are the responsibility of the violator. {KZ52229149.DOCX;1r13175.000001r } 130 3. Required Refund Fees will not be considered to be revenue received and are the responsibility of the violator. 4. Violations sent to a collection agency will have an additional charge as negotiated with the chosen collection agency in mutual agreement with the City and the applicable court. {KZ52229149.DOCX;1113175.0000011 } V 132 TO: CC: City of Tukwila Thomas McLeod, Mayor Parks & Recreation Department - Pete Mayer, Director INFORMATIONAL MEMORANDUM Community Services & Safety Committee Tom McLeod, City of Tukwila Mayor FROM: Kris Kelly, Acting Parks & Recreation Director BY: David Rosen, Parks & Recreation Analyst DATE: August 2, 2024 SUBJECT: Parks & Recreation Department FY24 Q2 Report BACKGROUND The Tukwila Parks & Recreation Department intends to update the Community Services and Safety Committee on its current operations, work planning, upcoming events and programming, as well as highlights of work done in Fiscal Year 2024 Q2. DISCUSSION Fiscal Year 2024 Q2 highlights will be shared from across Parks & Recreation's operations. We continue to be extremely proud of our staff's continuous and dedicated efforts in serving our community. Work continues throughout the organization to optimize work processes, expand efficient use of technology for internal and external stakeholder benefit, and explore new partnerships with organizations throughout the area to provide the Tukwila community with Good, Healthy, Fun throughout our parks and trails system. Staff welcomes questions and discussion. FINANCIAL ANALYSIS N/A RECOMMENDATION Briefing only. ATTACHMENTS A --- 2024 P&R FY24 Q2 Report PDF Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 133 134 Tukwila Parks & Recreation 2024: Second Quarter Report TUKWILA PARKS & RECRE:'• I YOUTH & TEENS: WELLNESS & ENRI CHMEN T 51 Youth served by the After School Activities Program (ASAP). 2023: 40 tut.000 339 Participants in Teen After School Room. 2023:283 125 Participants in Teen Open Gym. 2023: 0 10 Children served by Preschool Program. 2023: 8 ADULT WELLNESS 626 Participants in Teen Late Night. 2023:325 2,834 Adult Group Fitness Class visits. Gok.Q 32 Participants in Teen & Youth Enrichment Programs. Kung F[ , Piano/Guitar Lessons, Teen Art Classes 2023: 61 Kung Fu, Piano Lessons 0 2,162 Adult Athletics program visits. Volleyball, Basketball, Picklebail 2023: 2,523 2023:1,271 135 Tukwila Parks & Recreation 2024: Second Quarter Report TUKWILA PARKS & RECREATSON G... HEALTHY FI:W SENIOR ADULTS: WELLNESS & ENRICHMENT 423 Senior adults served by Fitness & Wellness Programs. 2023: 269 16 Senior adults participating weekly in Senior Enrichment Programs. Watercolor Painting, Ukulele 2023:13 115 Senior adults participating weekly in Trips, Tours, and Social Events. 2023: 76 50 Senior adults participating weekly in Meal Programs. Meals on Wheels, Duwamish Curve Cafe 2023: 61 HEALTHY GREEN SPACES GREEN TUKWILA PARTNERSF IP The partnership - including the City of Tukwila, nonprofits, community groups, businesses, Forest Stewards, and volunteers - cares for and protects our green spaces. 2,365 Total Stewardship Volunteer and Work Crew Hours. 2023:1,293 1,020 Total Native Trees & Plants Planted. 2023: 932 136 Tukwila Parks & Recreation 2024: Second Quarter Report T U KW I LA PARKS z• It! r Rf AI HEALTHY GREEN SPACES OUR PARKS Tukwila is home to over 150 acres of open space including parks, multi- use trails, Foster Golf Links, and the Tukwila Community Center. 1817 Square feet of Graffiti Removed. 2023: 627 c,, 37,000 Pounds collected: Litter from Park Garbage Containers. 2023: 34,650 €:(83 8175 Pounds collected: Improperly Disposed Litter . 2023: 7165 FOSTER GOLF LINKS FOSTER 796,588 Amount of Total Sales. Cart Fees, Gift Cards, Green Fees, Membership, Packages, Pro Shop, Rentals 2023: $896,326 20,000 Total number of Rounds Played. 2023: 22,000 119,019 Amount of Total Rentals. Golf Carts, Push Carts, Clubs 2023:132, 448 137 138 Tukwila Police Department Community Services and Safety Committee Quarterly Information Brief Second Quarter, 2024 SECOND QUARTER HIGHLIGHTS istaffing ➢ New Records Specialist Marlee Cook Commander promotion Phil Glover Sergeant promotion Randy Rusness Oral boards and interviews conducted LJ Recognition ➢ Employees ❑f The Quarter Alison Fisk Victor Masters Distinguished Service Medal Eric Dreyer Tu wi a Nei: •o oo.sAn. Communities Fee Protecte. An. Res•ecte. In T eir Imes 0 Nee. SECOND QUARTER HIGHLIGHTS ❑Community Engagement Homeless Camps Response Continued Outreach Community Engagement Meetings: ➢ Use Of Force Review Board ➢ Riverton Park Church ➢ COPCAB ➢ Mall Management ➢ SHAG ➢ Tukwila School District ➢ Theft 3 and Mall Safety ➢ Tukwila King County Library System ➢ Crime Prevention Through Environmental Design (CPTED) Presentation Community Events Chick-Fil-A Hero Night ▪ Community Police Academy Juneteenth Celebration SECOND QUARTER HIGHLIGHTS ❑Significant Operations & Events r Regional Partnership ✓ Valley Chiefs Valley Chiefs' executive meetings (VNET, SWAT, VIIT, SCORE) r King County Police Chiefs and Sheriff Assoc. r Valley Communication r Regional Organized Retail Theft Department Meetings/Events r PD Town Hall ✓ PD Leadership Meeting ✓ Peace ❑fficer Memorial Ceremony ▪ Flock Automated License Plate Reader Cameras • 18 stolen vehicles recovered ✓ 1 gun recovered r 4 cases involving drugs recovered (meth, heroin, fentanyl, marijuana) ✓ 4 arrests ▪ Public Disclosure Requests Received 1,148 records requests 1,124 were processed and closed • Tu wi a Nei: .or °oils An. Communities Fee Protecte. An. Res.ecte. In T eir Times O Nees SECOND QUARTER CRIME STATISTICS 3500 3000 2500 2000 1500 1000 500 0 900 800 700 600 500 400 300 200 100 C.A.) Calls for Service by Month Comparison of 2024 to 2000-2023 Eeuti4 1 , i Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Case Reports by Month Comparison of 2024 to 2000-2023 1441144 'AAA I I Jan Feb Mar Apr May Jun Jul Aug Sep Oct Noy Dec 2000-2023 Range III2024 2000-2023 range 2024 Calls for service in the second quarter were within range. Case reports (online and officer -created) in the second quarter are lower than previously expected, primarily due to decreases in theft from vehicle and auto theft cases. [These charts show the current year (line) as compared to previous years (rectangles). This gives perspective as to a normal range as calculated over the past years.] Questions? Tu wi a Nei• .or oo.sAn. Communities Fee Protecte. An. Res.ecte. In T eir Times ❑ Nee.